Excerpt: ... deny in par t. (Code Civ. Proc., § 436.) The request to strike the allegations pertaining to defendant Samuel Lofty Confectioner's acts done in the course and scope of his employment with defendant Fresno Unified School District (“FUSD”) is granted. The request to st rike the allegations pertaining to FUSD's duty to investigate is granted. The request to strike the prayer for attorney's fees pursuant to Civil Code 52 and 52.4 is granted. T...

Excerpt: ...ted to sub mit a proposed judgment consistent with this order, within five days of service of the minute order by the clerk. Explanation: Fresno Unified School District (“FUSD”) moves for summary judgment or, in the alternative, for summary adjudication as to the thi rd, fourth and fifth causes of action for negligent hiring, supervision or retention of an unfit employee, failure to report suspected child abuse, and negligent supervision ...

Excerpt: ...2024. Any oppos ition and reply due dates shall run from the new hearing date. Explanation: Plaintiffs Wesley Wilson (Wilson) and Press Box, Inc. (Press Box), have dismissed most of the causes of action in their Complaint against defendant Martin McCubbin (McCubbin). One cause of action arising out of a bar fight caused by McCubbin in October 2022 remains for each plaintiff. For plaintiff Wilson, only the third cause of action for assault and ba...

Excerpt: ...gh evidence regarding the hours spent on the case and the tasks performed to find that the requested fees are reasonable and should be approved. She has also not provided enough evidence to support the request to approve her law clerk's rate of $225 per hour . In Serrano v. Priest (1977) 20 Cal.3d 25, the California Supreme Court stated: “ ‘The starting point of every fee award, once it is recognized that the court's role in equity is to...

Excerpt: ...fliction of emotional distress and medical negligence, with leave to amend. (Code Civ. Proc. § 430.10, subd. (e).) To overrule the general demurrer as to the causes of action for intentional infliction of emotional distress and medical negligence. (Code Civ. Proc. § 430.10, subd. (e).) To grant the motion to strike portions of the Third Amended Complaint in part, and strike: the attachment of a phone log; the attachment of a letter dated Sept...

Excerpt: ...that a ground for denial of the motion exists (e.g., fraud, unconscionability, etc.) (Hotels Nevada v. L.A. Pacific Center, Inc. (2006) 144 Cal.App.4th 754, 758.) Unless there is a dispute over authenticity, the mere recitation of the terms is sufficient for a party to move to compel arbitration. (Sprunk v. Prisma LLC (2017) 14 Cal.App.5th 785, 793.) The moving party has the burden of proving the existence of a valid arbitration agreement. (Pinn...

Excerpt: ...laintiff Zahi Saleh shall serve and file an amended complaint within 10 days of the date of service of this order. All new allegations shall be in boldface. Explanation: Demurrer Defendant General Motors, LLC ("Defendant") demurs to the fifth cause of action, for fraudulent concealment of the First Amended Complaint ("FAC") by plaintiff Zahi Saleh ("Plaintiff"). On a demurrer a court's function is limited to testing the legal sufficiency of the c...

Excerpt: ...the allegations of the first amended complaint show that she has an absolute defense to the claim because she has been in adverse possession of the subject property for over five years before the complaint was filed and thus plaintiff has no right to partition the property. Adverse possession may be the basis for either a cause of action or an affirmative defense. (Family Service Agency of Santa Barbara v. Ames (1958) 166 Cal.App.2d 344, 348.)...

Excerpt: ... to def ective moving papers. Explanation: This motion arises out of a Third Amended Complaint (“TAC”) filed February 14, 2024 alleging 1) premises liability against defendant Noble Federal Credit Union and 2) dangerous condition of public property against defenda nt City of Fresno. It does not appear that defendant Noble Federal Credit Union has been served with a Summons or the Third Amended Complaint yet. Defendant City brings this demurr...

Excerpt: ...n ey's fees from the Complaint. To grant leave to amend the Complaint to state claims by the Trust, provided it retains a licensed California attorney to represent it. To grant leave to amend the Complaint as to Mr. Peterson, provided that he either repres ents himself or has a licensed attorney represent him. To deny leave to amend to request attorney's fees. To overrule the demurrer to the first cause of action. To sustain the demurrer to the ...

Excerpt: ...Proc. § 430. 20, subd. (a) and (b).) To overrule the general and special demurrer for uncertainty to the Amended Cross -Complaint. (Code Civ. Proc. § 430,10, subd. (e) and (f).) To sustain the general and special demurrers to the first, third, fourth, and fifth cause of action. (Code Civ. Proc. § 430.10, subd. (e) and (f).) To overrule the general and special demurrers to the second cause of action. (Code Civ Proc., § 430.10, subd. (e) and ...

Excerpt: ...li minary settlement class. (Cal. Rules of Court, rule 3.769, subd. (d).) “If the court grants preliminary approval, its order must include the time, date, and place of the final approval hearing; the notice to be given to the class; and any other matters de emed necessary for the proper conduct of a settlement hearing. (Cal. Rules of Court, Rule 3.769, subd. (e).) “If the court has certified the action as a class action, notice of the fin...

Excerpt: ...s brought under Code of Civil Procedure section 418.10, which provides that the last day to file the notice of motion for a defendant who has not yet appeared in the action is when the responsive pleading to the complaint is due. However, “[t]he provisions of Sec tion 418.10 do not apply to a motion to stay or dismiss the action by a defendant who has made a general appearance.” (Code Civ. Proc., § 410.30, subd. (b).) Here, plaintiffs' comp...

Excerpt: ...planation: Under Code of Civil Procedure section 664.6, “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, up on motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performa...

Excerpt: ...ions to quash. To grant the motion to compel arbitration and order plaintiffs to arbitrate their claims against defendants. The action is stayed pending completion of arbitration. Explanation: Motion(s) to Quash Moving defendants deem themselves passive “Single Purpose Entities,” with insufficient contacts with California to confer jurisdiction. However, the motions all admit that the respective defendants are some degree of partner to the in...

Excerpt: ... reque sting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted... The court shall make this order, unless it finds that the party to whom the requests for admission have bee n directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220.” (Code Civ. Proc.,...

Excerpt: ...Emeline Pano will be dismissed as a defendant in plaintiff's Complaint. (Code Civ. Proc., § 2023.030, subd. (d)(3).) Explanation: Plaintiff has a history of failing to comply with discovery obligations in this action, and appears to have abandoned this action. On August 10, 2023, and October 10, 2023, defendant Emeline Pano served plaintiff with deposition notices. Plaintiff never objected, but failed to appear on both occasions. On August 30, 2...

Excerpt: ...tiff Kimberly White are ordered to appear at the hearing on this motion. Explanation: Healthcare providers must possess and exercise “that reasonable degree of skill, knowledge, and care ordinarily possessed and exercised by members of the medical profession under si milar circumstances.” (Mann v. Cracchiolo (1985) 38 Cal.3d 18, 36.) Thus, in any medical malpractice action, the plaintiff must establish: “(1) the duty of the professional to ...

Excerpt: ...er a settl ement is within the “good faith ballpark” by considering the following factors (evaluated as of the time of the settlement): 1) a rough approximation of plaintiffs' total recovery and the settlor's proportionate liability; 2) the amount paid in settlement; 3) a recognition that a settlor should pay less in settlement than if found liable after a trial; 4) the allocation of the settlement proceeds among plaintiffs; 5) the se...

Excerpt: ...e order. Explanation: A general demurrer is sustained where the pleading is insufficient to state a cause of action or is incomplete. (Code Civ. Proc., § 430.10, subd. (e); Estate of Moss (2012) 204 Cal.App.4th 521, 535.) A special demurrer, though disfavored, is nevertheless sustained where a pleading is so uncertain that the defendant cannot reasonably respond to the subject pleading. (Khoury v. Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612...

Excerpt: ...aint, which will run from service by the clerk of the minute order. New allegations/language must be set in boldface type. To overrule the special demurrer for uncertainty. (Code Civ. Proc. § 430.10, subd. (f).) Explanation: A party may file a general demurrer on claims that “[t]he pleading does not state facts sufficient to constitute a cause of action.” (Code Civ. Proc., § 430.10, subd. (e); Estate of Moss (2012) 204 Cal.App.4th 521, 535...

Excerpt: ...tentative ruling, a proposed judgment. Explanation: Plaintiffs Jay Hylton and Krystal Hylton (together “Plaintiffs”) seek to enforce a settlement agreement by and between them and defendant FCA US LLC (“Defendant”) under Code of Civil Procedure section 664.6. Code of Civil Procedure Section 664.6 provides as follows: “If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court . . ...

Excerpt: ...planation: Corporations may not represent themselves before the court in propria persona, nor can corporations represent themselves through their officers, directors, or any other employee who is not an attorney. (CLD Construction, Inc. v. City of San Ramon (2 004) 120 Cal.App.4th 1141, 1145.) Corporations must be represented by an appropriately licensed attorney in court proceedings. (CLD Construction, Inc. v. City of San Ramon, supra, 120 Cal.A...

Excerpt: ...984) 158 Cal.Ap p.3d 524, 526), the expiration of the time period is considered “‘jurisdictional' in the sense that it renders the court without authority to rule on motions to compel other than to deny them.” (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410 (S exton) [referring to the 45- day statutory time limit]; see also Vidal Sassoon Inc. v. Superior Court (1983) 147 Cal.App.3d 681, 684 (Sassoon); Standon Co. v. Superior Cour...

Excerpt: ... the mo tions compelling Prestige Urgent Care's compliance with subpoena, without prejudice. (Code Civ. Proc., § 2020.220, subds. (b) -(c); Cal. Rules of Court, rule 3.1346.) To deny the motions for defendant Homegoods, Inc.'s responses to Requests for Production of Documents, Sets One and Two, since Homegoods, Inc. served its verified responses on April 9, 2024. To award monetary sanctions in the total amount of $1,320 against Homegoods, Inc.'...