Excerpt: ...plaint, w ithout leave to amend. (Code Civ. Proc., § 430.010, subd. (e).) If oral argument is timely requested, such argument will be entertained on Wednesday, April 17, 2024, at 3:30 p.m. in Department 501. Explanation: Each defendant demurs to plaintiff's Second Amended Complaint, which alleges a single cause of action for medical malpractice. Defendants all contend that the cause of action is barred by the applicable statute of limitations un...

Excerpt: ...efing is authorized to address the rights and interests of the parties in the subject real property. Defendant Christopher S. Kelley may file a supplemental opposition no later than 5:00 p.m. on May 3, 2024. Plaintiff Amy L. Knight may file a supplemental reply no later than 5:00 p.m. on May 9, 2024. If oral argument is timely requested, such argument will be entertained on Wednesday, April 17, 2024, at 3:30 p.m. in Department 501. Explanation...

Excerpt: ...enteri a in light of the dismissal entered November 17, 2023 as to this defendant. Explanation: No Continuance/Extension Plaintiff, after the time his opposition was due, has filed a request for a continuance or extension of time to file his opposition. This req uest was filed as a notice and motion, without a new hearing date attached to said notice. In addition to procedural issues with this request, the request does not appear well founded....

Excerpt: ...dant and cross -co mplainant Mighty Mart, Inc. (“Mighty Mart”) (collectively, “defendants”), for a total fee award of $188,188.00 against plaintiff and cross -defendant Morteza Javaherie (“plaintiff”). To deny an award of costs, without prejudice. Explanation: Defendants joi ntly seek an award of attorney fees pursuant to Civil Code section 1717 following a court trial on plaintiff's first amended complaint and defendants' cross -com...

Excerpt: ...for preference and continue the hearing on plaintiff's motion for preference to Friday, April 12, 2024 at 10:00 a.m. in Dept. 501 to allow for the submission of admissible evidence. (Code Civ. Proc. §36, subd. (d).) To grant plaintiff's ex parte application to serve deposition notices fewer than 20 days after service of summons. (Code Civ. Proc. § 2025.210, subd. (b).) To deny without prejudice plaintiff's motion to use deposition testimony at ...

Excerpt: ...3 :30 p.m. in Department 501. No later than Thursday, April 18, 2024, defendant Nale is to provide a supplemental brief addressing the portions of the opposition for which he did not have timely service. To deny the Kubota defendants' motion for summary jud gment. To deny summary judgment as to Pioneer Farm Equipment Co. Explanation: Evidentiary Objections For plaintiffs' evidentiary objections numbers 1 -3, these were not dispositive to the moti...

Excerpt: ...summary ju dgment. Specifically, plaintiff seeks to set aside (1) the court's order denying the January 24, 2024, ex parte application to continue the hearing for summary judgment pursuant to Code of Civil Procedure section 437c, subdivision (h); (2) the court's deni al of plaintiff's untimely request for oral argument on the January 25, 2024, motion for summary judgment; (3) the January 25, 2024, order granting defendants' motion for summary ju...

Excerpt: ... requires certification of a preliminary 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 th e class; and any other matters deemed 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 ...

Excerpt: ...ose of approving the settlement. There is no reason for the court to reconsider its decision granting certification of the class. Therefore, the court certifies the class for the purpose of final approval of the settlement. 2. a. Settlement Legal Standards “Wh en, as here, a class settlement is negotiated prior to formal class certification, there is an increased risk that the named plaintiffs and class counsel will breach the fiduciary ob...

Excerpt: ...st the sufficiency of a plaintiff's pleading by raising questions of law. (Plumlee v. Poag (1984) 150 Cal.App.3d 541, 545.) The test is whether plaintiff has succeeded in stating a cause of action; the court does not concern itself with the issue of plaintiff's p ossible difficulty or inability in proving the allegations of his complaint. (Highlanders, Inc. v. Olsan (1978) 77 Cal.App.3d 690, 697.) In assessing the sufficiency of the complaint aga...

Excerpt: ...third an d fourth causes of action, without leave to amend. Defendant is directed to submit to this court, within 7 days of service of the minute order, a proposed judgment dismissing the third and fourth causes of action as to this defendant. Explanation: The fun ction of a demurrer is to test the sufficiency of a plaintiff's pleading by raising questions of law. (Plumlee v. Poag (1984) 150 Cal.App.3d 541, 545.) The test is whether plaintiff has...

Excerpt: ... of the min ute order, a proposed judgment dismissing the first amended complaint as to the demurring defendant. Explanation: Plaintiff, S.C., sued the County of Fresno (County), KTDA Group Home, Inc. (Facility), and Does 3 through 25, in a revival action under Cod e of Civil Procedure section 340.1. S.C. alleges he was sexually abused and assaulted in foster care when he was minor, while under the defendants' legal custody, care, and contro...

Excerpt: ...dants , without leave to amend. (Code Civ. Proc., § 430.10, subd. (e).) To continue plaintiff's motion for leave to file the Fifth Amended Complaint to Wednesday, June 5, 2024, to allow time for the limited purpose of allowing plaintiff to lodge a revised propo sed pleading, deleting any and all reference to defendants Hmong Cultural New Year Celebration, Inc., Mitch Herr, Vilay Lee, Cher Yang, Xang Moua, Kayasit Ly, Vang Chong Thao, Michael He...

Excerpt: ...fraud cause of action (cause of action “2B”), for failure to state facts sufficient to constitute a cause of action, without leave to amend. To sustain the demurrer to the slander cause of action, without leave to amend. To deny the motion to strike the allegations of paragraphs 11, 12, 19, and 20. To grant the motion to strike paragraphs 16, 17, 21, 22 (second sentence only), and 38 (first sentence only) from the first amended complaint. T...

Excerpt: ... of the service of this order. All new allegations shall be in boldface. Explanation: Demurrer Defendant GM demurs to the fifth cause of action for "Fraudulent InducementConcealment” on the basis that it is barred by the three -year statute of limitations. (Code Civ. Pr oc. § 430.10, subd. (e).) Plaintiff purchased a 2020 Chevrolet Silverado 1500 truck on February 8, 2020 and this action was not filed until May 11, 2023. Defendant conten...

Excerpt: ...mely ap plication, permit a nonparty to intervene in the action or proceeding if the person has an interest in the matter in litigation, or in the success of either of the parties, or an interest against both.” (Code Civ. Proc., § 387, subd. (d)(2).) “‘If proper procedures are followed [citation], the court has discretion to permit a nonparty to intervene in litigation pending between others, provided: [¶] The nonparty has a direct and im...

Excerpt: ...��arbitration agreements should be liberally construed', with ‘doubts concerning the scope of arbitrable issues [being] resolved in favor of arbitration [citations].'” (Market Ins. Corp. v. Integrity Ins. Co. (1987) 188 Cal. App. 3d 1095, 1098, internal citations omitted.) Similarly, cases applying Federal Arbitration Association rules note that, “ ‘doubts concerning the scope of arbitrable issues [being] resolved in favor of arbitration ...

Excerpt: ...ithin 10 days of the date of service of this order. Explanation: Under Code of Civil Procedure section 473, subdivision (a), “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding b y adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or de...

Excerpt: ...om the Complaint, defendant has not provided any legal authority or argument to support the motion to strike. Indeed, defendant only briefly mentions the prayer for attorney's fees in the notice of motion, and never mentions attorney's fees in its memo of p oints and authorities at all. Therefore, the motion to strike the prayer for attorney's fees is unsupported by any legal authorities or argument, and the court intends to deny the motion. Sec...

Excerpt: ...in the amount of $1,605.00, to be paid within twenty (20) calendar days from the date of service of the minute order by the clerk. Explanation: Unverified Responses Resulting in Motions to Compel A propounding party may move for an order compelling response to its propounded interrogatories and/or demand. (Code Civ. Proc., §§ 2030.290, 2031.300.) For a motion to compel initial responses, no meet and confer is required. All that needs to be sho...

Excerpt: ...he court previo usly denied the motion on the basis that defendant did not meet its burden to establish the independent contractor relationships between the parties. Defendant now moves for summary judgment or, alternatively, summary adjudication on the issue of its duty to plaintiffs with evidence obtained after the court ruled on the initial motion. (Code Civ. Proc. § 437c, subd. (f)(2).) Plaintiffs objection to hearing the second motion on it...

Excerpt: ... of law. (Code Civ. Proc., § 437c, subd. (p)(2); see also Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) The moving party's papers are construed strictly and the opposing party's liberally, and “any doubts as to the propriety of granting the moti on [are resolved] in favor of [the opposing party].” (Ibid.) Defendant contends that a pre -fire transaction discharged plaintiffs' loan and effectively terminated their insurable ...

Excerpt: ... grant defendants Fresno County Economic Opportunities Commission and Brian Angus's motion for dismissal. Defendants Fresno County Economic Opportunities Commission and Brian Angus are directed to submit a proposed judgment within five days of service of the minute order consistent with the order. To deny the motion for judgment on the pleadings of the entirety of the second amended complaint. To grant the motion to bifurcate trial into a liabil...

Excerpt: ... as it pertains to punitive damages, specifically on page 3, Item No. 14(a)(2), without leave to amend. (Gov. Code, § 818.) Plaintiffs are granted 20 days' leave to file the Second Amended Complaint. The time in which the Second Amended Complaint can be amended will run from service by the clerk of the minute order. All new allegations in the Second Amended Complaint are to be set in boldface type. Explanation: Demurrer Plaintiffs' operative c...

Excerpt: ..., a nd 71 of the complaint. To deny the motion to strike the “Introduction and Summary of Case” from the complaint. To grant the motion to strike the references to attorney's fees from paragraphs 33, 38, 44, 52, 58, 64 of the complaint, and the prayer for re lief on the second cause of action, paragraph 8, the prayer for relief on the third cause of action, paragraph 7, the prayer for relief on the fourth cause of action, paragraph 8, the pra...