Excerpt: ...epartm ent 403. Explanation: Defendant Future Clovis, Inc. dba Future Ford of Clovis (“Defendant”) moves for an order compelling plaintiffs SS Pro Flooring & Construction, Inc. and Saul Sanchez Medina (collectively “Plaintiffs”) to arbitration. A trial court is r equired to grant a motion to compel arbitration “if it determines that an agreement to arbitrate the controversy exists.” (Code Civ. Proc. § 1281.2) However, there is “no ...

Excerpt: ...e Thir d Amended Complaint. (Code Civ. Proc. § 430.10, subd. (e).) To deny the motion to strike as moot. To set a hearing for Thursday, May 16, 2024, 3:30 p.m. in Department 502 to determine why a final leave to amend should not be granted. A supplemental opposi tion and reply may be filed in accordance with Code of Civil Procedure section 1005. Explanation: On November 2, 2023, plaintiff California Attorneys, Administrative Law Judges and Hea...

Excerpt: ... bold print . Should plaintiff elect not to amend, demurring defendant shall file responsive pleadings within twenty (20) days from the date of this order. If oral argument is timely requested, such argument will be entertained on Wednesday, March 27, 2024, at 3:30 p.m. Explanation: As explained previously, ownership of, or a right to possess, specific property is a necessary element of conversion and embezzlement. (Lee v. Hanley (2015) 61 Cal....

Excerpt: ...ure section 664.6, “[i]f 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, upon 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 performance in full of the terms of the sett...

Excerpt: ...ch was entered in favor of Plaintiff against defendants Larry Oakander and Patricia Oakander (collectively “Defendants”). The First Amended Complaint stated one remaining cause of action against Defendants, for breach of installment note. On September 15, 202 3, Plaintiff timely lodged a Memorandum of Costs. On October 2, 2023, Defendants timely filed the instant motion to tax costs. Defendants object to each entry, in part, due to a lack of...

Excerpt: ...the mo tion must then prove by a preponderance of evidence that a ground for denial of the motion exists (e.g., fraud, unconscionability, etc.). (Rosenthal v. Great Western Fin'l Securities Corp. (1996) 14 Cal.4th 394, 413- 414; Hotels Nevada v. L.A. Pacific Ctr. , Inc. (2006) 144 Cal.App.4th 754, 758; Villacreses v. Molinari (2005) 132 Cal.App.4th 1223, 1230.) There is a strong policy in favor of arbitration. (AT&T Mobility LLC v. Concepcio...

Excerpt: ... ag reement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the revocation of the...

Excerpt: ...elling Travelers Casualty and Surety Company of America (Doe 151), Western Surety Company (Doe 152), Fidelity and Deposit Company of Maryland (Does 153) and North American Specialty Insurance Company (Doe 154) (hereinafter “Surety Defendants”) to arbitrate the fifth ca use of action with the claims previously ordered to arbitration or, in the alternative, to remove the claims subject to the arbitration agreement with their employer from arbi...

Excerpt: ...d to submit to this court, within five days of service of the minute order, a proposed judgment consistent with the court's summary judgment order. To deny Dr. Levine's motion. Explanation: The plaintiffs, Dr. Sarah Yost and Kelly Yost, sued two surgeons, Dr. Derek Taggard a nd Dr. Nicholas Levine, and Fresno Community Hospital and Medical Center dba Community Regional Medical Center and Community Health System ("CRMC") after Dr....

Excerpt: ...laration is ruled upon as follows: Objection No. 4 is sustained for improper legal conclusion. Objection Nos. 5 and 8 are sustained for irrelevance and lack of foundation. Objection Nos. 9, 14 -16 are sustained for improper legal conclusion. Objection Nos. 10 -12 are su stained for lack of personal knowledge. Objection No. 17 is sustained for lack of foundation. Objection No. 18- 20 are sustained for lack of personal knowledge. Objection No. 21 i...

Excerpt: ..., with leave to amend. Plaintiff shall serve and file his first amended complaint within 10 days of the date of service of this order. All new allegations shall be in boldface. Explanation: Demurrer First, to the extent that plaintiff seeks to state a clai m against defendant William Smittcamp, he has not alleged any facts showing that he was employed by Mr. Smittcamp, had a contractual or other relationship with him, or that Mr. Smittcamp did ...

Excerpt: ...t 17, 2023, the court sustains the objections to Exhibit A and the reference to the same in paragraph 6. The court overrules the objection to paragraph 5. Regarding the Declaration of Martin Martin filed February 7, 2024, the court overrules the objections to p aragraphs 3 and 7, but sustains the objections to paragraphs 4 -6 and Exhibit A. Arbitration Agreement Under the Federal Arbitration Act (“FAA”), A written provision in … a contract...

Excerpt: ... to stay e nforcement of the money judgment against them individually together with their employer the County of Fresno. “Unless an undertaking is given, the perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgm ent or order is for any of the following: [¶] (a) Money or the payment of money … .” (Code Civ. Proc. § 917.1, subd. (a).) Code of Civil Procedure section 995.220, states in re...

Excerpt: ...e “tantamoun t to no responses at all[]” (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636), plaintiff's oppositions to the subject discovery motions notes that the verifications were served with the attendant oppositions – a representation not challenged in t he replies. Monetary sanctions are typically awardable under such circumstances. (See Cal. Rules of Court, rule 3.1348(a); Sinaiko Healthcare Consulting, Inc. v. Pacific He...

Excerpt: ...Person Mo st Qualified and Custodian of Records, dated November 16, 2023, and produce all documents as described in Exhibit A thereto. The deposition shall occur within seven days of service of the order by the clerk. To impose sanctions in the amount of $1,410 in f avor of plaintiffs Samantha Negrete -Cruz and Tomas Cruz and against defendant General Motors, LLC. Within 30 days of service of the order by the clerk, defendant General Motors, LLC...

Excerpt: ...f a d eposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or dire cting compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate ...

Excerpt: ...March 20, 2024, at 3:30 p.m. Explanation: Defendant Jeffrey Doc Baker (“Defendant”) moves to strike paragraph 74, of the fourth cause of action as a survival action, and the prayer for punitive damages of the Consolidate First Amended Complaint (“CFAC”).1 Defend ant contends that the CFAC fails to state sufficient facts to support the claim for punitive damages as to him. Pleadings are to be construed liberally with a view to substantial ...

Excerpt: ... this o rder, with the time to run from the service of this minute order by the clerk. The matters specified in plaintiff's Requests for Admission, Set One, propounded on defendant Jose Lopez dba Jose's Lawns (“defendant”) are deemed admitted, unless defendant se rves, before the hearing, proposed responses to the requests for admission that are in substantial compliance with the Code of Civil Procedure, section 2033.220. Defendant shall ser...

Excerpt: ...Custom Chopping, LLC for an Order Deeming Admissions by Plaintiff Telmo Coelho to Request for Admissions, Set One, and Request for Sanctions (3) By Defendant Kyle Brock for an Order Compelling Initial Responses from Plaintiff Telmo Coelho to Form Interrogatories – General, Set One, Form Interrogatories – Employment, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One, and Request for Sanctions (4) By De...

Excerpt: ...ng (“DEFH”) issued a right to sue notice on July 6, 2021, which required plaintiff to commence a court action within one year from that date. Plaintiff has provided competing evidence, however, demonstrating that DFEH issued a right to sue notice on July 8, 2022 whic h addressed previous as well as newly alleged incidents. Measured from the July 8, 2022 right to sue notice, plaintiff's complaint is timely. Yet, Neil Jones' reply brief does no...

Excerpt: ... argument will be entertained on Wednesday, March 20, 2024, at 3:30 p.m. Explanation: Plaintiff, a student dismissed from the California Health Sciences University College of Osteopathic Medicine (“CHSU”), alleges a single cause of action for violation of Education Code section 94367, subdivision (a), which provides, No private postsecondary educational institution shall make or enforce a rule subjecting a student to disciplinary sanctions so...

Excerpt: ...nty Superior Co urt. Horizon Nut, LLC, Horizon Growers Cooperative, Inc., and Joel Perkins filed a demurrer challenging the first cause of action for equitable indemnity on the grounds that it seeks equitable indemnity for an alleged third- party breach of contract and violates public policy. The court agrees with the latter ground and intends to sustain the demurrer. In the first cause of action for equitable indemnity, Nutrien alleges that H...

Excerpt: ...McMillin”). On filing the complaint, a plaintiff may apply for a writ of possession under the claim and delivery statutes. (Code Civ. Proc. § 511.010 et seq.) The plaintiff must file a written application, executed under oath and must include: (1) a showing of the basis of the plaintiff's claim, that plaintiff is entitled to possession of the claimed property, and where the claim is based on a written instrument, a copy of that instrument mu...

Excerpt: ...process of the court' constitutes contempt. (Code Civ. Proc., § 1209, subd. (a)(5).)” (Conn v. Superior Court (1987) 196 Cal.App.3d 774, 784.) “The substantive issues involved in a contempt proceeding are (1) the rendition of a valid order, (2) actual knowledge of the order, (3) ability to comply, and (4) willful disobedience. [Citation.]” (Ibid.) The contemnor must also be served with the Order to Show Cause (“OSC”) for Contempt in th...

Excerpt: ...aid on thei r behalf, DHCS may assert a lien on a personal injury settlement. However, where the Medi -Cal beneficiary's injury case settles for less than the full amount of damages, any Medi -Cal lien must be reduced based on a reasonable apportionment of the amount o f Medi-Cal benefits provided in comparison to the full amount of the beneficiary's damages. DHCS may only recover “that portion of a settlement that represents payments for me...