Fresno County
999,101
5,963
Fresno
1856
District 1 – Brian Pacheco
District 2 – Steve Brandau
District 3 – Sal Quintero
District 4 – Buddy Mendes
District 5 – Nathan Magsig
Charter
2281 Tulare St Room 304 Fresno, CA 93721
The city of Fresno; fresno is Spanish for "ash tree".
Motion: by defendant Sunrun, Inc., to Compel Arbitration Tentative Ruling: To deny. Explanation: Pursuant to Code of Civil Procedure section 1013b, the moving party is required to submit an affidavit to the court of proper e-service. Here, the moving party has not complied with the service requirement and such failure renders the motion def...
Nov 30, 2020
Fresno County, CA
Motion: By Defendants to lift stay Tentative Ruling: To grant Defendants Brown, Beard, and Brazelton's unopposed motion to lift the stay imposed pending resolution of Hines v. Youseff ((9th Cir. 2019) 914 F.3d 1218). To set Defendants' demurrer and motion to strike for hearing on January 21, 2021. Explanation: The instant matter was stayed pe...
Nov 30, 2020
Other
Intellectual Property
Fresno County, CA
Motion: Application of Dan J. Gendreau to appear as counsel pro hac vice Tentative Ruling: To grant the application. (Cal. Rules of Court, rule 9.40.) Explanation: Defendant has filed an application for Dan J. Gendreau to appear in the above- entitled case, pro hac vice. The Court continued the hearing on this matter to allow Defendant ti...
Nov 30, 2020
Fresno County, CA
Motion: Demurrer to First Amended Complaint and Motion to strike Portions of the First Amended Complaint Tentative Ruling: To sustain the demurrer. (Code of Civ. Proc., § 430.10, subd. (e).) To grant the motion to strike. (Code of Civ. Proc., §§ 435, 436.) Leave to amend granted. Plaintiff is granted 10 days’ leave to file the First Amend...
Nov 30, 2020
Fresno County, CA
Motion: Pervaiz Chaudhry and Valley Cardiac Surgery Medical Group’s Motion to Tax Costs Tentative Ruling: To deny. Explanation: Under Code of Civil Procedure section 1032, subdivision (b), “a prevailing party is entitled as a matter of right to recover costs in any proceeding.” The losing party may dispute any or all of the items in the...
Nov 30, 2020
Fresno County, CA
Motion: Pro hac vice application Tentative Ruling: To take off calendar, as no moving papers have been filed. Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order adopting this tentative ruling will serve as the order of the ...
Nov 30, 2020
Employment
Other Employment
Fresno County, CA
Motion: Motion for Summary Judgment/Adjudication by Plaintiff BMO Harris Bank Tentative Ruling: To continue the hearing on the motion for summary judgment to March 9, 2021, at 3:30 p.m., in Department 503. To vacate the trial date currently set for January 20, 2021, and to set a trial setting conference on December 2, 2020, at 3:30 p.m. in De...
Nov 30, 2020
Fresno County, CA
Motions: by plaintiffs Jamie Storment, Britney McDougall and Vanessa McDougall to quash subpoenas or, alternatively, for protective order, and for sanctions related thereto. Tentative Ruling: To grant plaintiffs’ motion to quash all subpoenas, except Pacific Bell Company as to Vanessa McDougall; Sprint PCS Wireless as to Vanessa McDougall; ...
Nov 25, 2020
Personal Injury/ Tort
other
Fresno County, CA
Motion: Petition to Compromise Minor’s Claim Tentative Ruling: To deny without prejudice. Petitioner must file an amended petition, with appropriate supporting papers and proposed orders, and obtain new hearing date for consideration of the amended petition. (Super. Ct. Fresno County, Local Rules, rule 2.8.4.) Explanation: The petition is inc...
Nov 23, 2020
Personal Injury/ Tort
other
Fresno County, CA
Motion: Plaintiff’s motion to amend judgment Tentative Ruling: To grant Plaintiff's motion to amend the judgment that was entered July 10, 2020. The Court intends to sign the proposed amended judgment. Explanation: The Court has both inherent and statutory power to correct clerical errors in a judgment so as to conform it to the judgment di...
Nov 20, 2020
Real Property
other
Fresno County, CA
Motion: by plaintiff for Summary Judgment/Adjudication Tentative Ruling: To deny. (Code Civ. Proc. § 437c, subds. (c), (f).) Explanation: The operative pleading, the First Amended Complaint, alleges a single cause of action for refund of taxes assessed by and paid to the California Department of Tax and Fee Administration (“CDTFA”). In a ...
Nov 20, 2020
Other
Intellectual Property
Fresno County, CA
Motions (x2): Petitions to compromise claims of minors Tentative Ruling: To deny both petitions without prejudice. Petitioner must file amended petitions and obtain a new hearing date for consideration of the amended petitions. (Super. Ct. Fresno County, Local Rules, rule 2.8.4.) Explanation: On both petitions, Petitioner has marked item 9....
Nov 18, 2020
Other
Intellectual Property
Fresno County, CA
Motion: Motion for leave to amend to file a fifth amended complaint, by plaintiff Tentative Ruling: To grant. Plaintiff is granted 10 days leave to file the fifth amended complaint. The time in which the complaint can be amended will run from service by the clerk of the minute order. All new allegations in the fifth amended complaint are to be ...
Nov 18, 2020
Personal Injury/ Tort
other
Fresno County, CA
Motion: Defendant’s demurrer to the first amended complaint Tentative Ruling: To overrule the demurrer. (Code of Civ. Proc., § 430.10, subds. (e), (f).) Defendant shall file and serve his answer to the complaint within thirty (30) days from the date of this order. Explanation: General Demurrer (Code of Civ. Proc., § 430.10, subd. (e)) Gen...
Nov 18, 2020
Personal Injury/ Tort
other
Fresno County, CA
Motion: Petition to compromise minor's claim Tentative Ruling: To grant. Order signed. Hearing off calendar. Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order adopting this tentative ruling will serve as the order of the c...
Nov 18, 2020
Personal Injury/ Tort
other
Fresno County, CA
Motion: By defendants Hernandez and J&V Properties, Inc. for stay of proceedings and to vacate trial date Tentative Ruling: To deny the motion for stay, without prejudice, should further developments provide additional foundation for the relief sought. To vacate the March 8, 2021 trial date and schedule a trial setting conference on December ...
Nov 18, 2020
Personal Injury/ Tort
other
Fresno County, CA
Motion: Motion for Summary Judgment, by defendant Fresno Community Hospital and Medical Center Tentative Ruling: To deny defendant’s motion for summary judgment. The court declines to rule on objections. None are material to the disposition of the motion. (Code Civ. Proc., § 437c, subd. (q).) Explanation: Summary judgment of declaratory r...
Nov 17, 2020
Other
Intellectual Property
Fresno County, CA
Motion: by plaintiff for class certification and preliminary approval of class settlement Tentative Ruling: To continue the hearing to March 18, 2021, at 3:30 p.m. in Department 501. To order defendant to appear at the March 18 hearing and show cause, if there is any, why it should not be sanctioned for failing to obey the court’s prior Order t...
Nov 17, 2020
Employment
Other Employment
Fresno County, CA
Motion: By Plaintiffs for Entry of Judgment Based on Written Settlement Agreement Tentative Ruling: To grant plaintiffs’ motion for entry of judgment pursuant to the terms of the written settlement agreement, in the amount of $10,000 against defendant S&A Capital Partners, Inc. (Code Civ. Proc. § 664.6.) To grant plaintiffs’ request for attorne...
Nov 17, 2020
Real Property
other
Fresno County, CA
Motion: By Defendant to Deem Request for Admissions, set one Admitted Tentative Ruling: To deem Defendant’s request for admissions, set one, admitted. (Code Civ. Proc., §2033.280, subd. (b).) To deny the request for terminating and evidentiary sanctions. To impose monetary sanctions in favor of Defendant City National Bank, and against Plaint...
Nov 17, 2020
Real Property
other
Fresno County, CA
Motion: Petition to Compromise Minor’s Claim Tentative Ruling: To grant. Proposed order signed. Hearing off calendar. Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order adopting this tentative ruling will serve as the order...
Nov 17, 2020
Fresno County, CA
Motions: Petitions to compromise claim of a minor (x3) Tentative Ruling: To grant. Orders signed. Hearings off calendar. Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order adopting this tentative ruling will serve as the or...
Nov 17, 2020
Fresno County, CA
Motion: Petition to Compromise Minor’s Claim Tentative Ruling: To deny without prejudice. Petitioner must file a new petition, with appropriate supporting papers and proposed orders, and obtain a new hearing date for consideration of the amended petition. (Super. Ct. Fresno County, Local Rules, rule 2.8.4) Appearances by the minor and GAL are e...
Nov 17, 2020
Personal Injury/ Tort
other
Fresno County, CA
Motion: By Defendant Saint Agnes Medical Center for Summary Judgment or, in the Alternative, Summary Adjudication Tentative Ruling: To grant defendant Saint Agnes Medical Center’s motion for summary judgment as to the entire complaint against it. (Code Civ. Proc., § 437c.) Explanation: First, defendant Saint Agnes moves for summary adjudi...
Nov 16, 2020
Personal Injury/ Tort
other
Fresno County, CA
Motion: Defendant Vue’s Motion to Set Aside Default Tentative Ruling: To deny without prejudice. Explanation: Vu was personally served with the summons and complaint on November 10, 2018. Default was entered against Vu on January 7, 2019, after two unsuccessful prior attempts in December of 2018. This motion to set aside default was filed...
Nov 16, 2020
Real Property
other
Fresno County, CA
Motion: Order to Show Cause as to why administrator should not be ordered to refund excess payments mode to itself and redistribute such to class members Amendment of judgment under Code of Civil Procedure section 384, subdivision (b) Tentative Ruling: To continue to January 21, 2021, at 3:30 p.m., in this Department. Explanation: C...
Nov 16, 2020
Employment
Other Employment
Fresno County, CA
Motion: Petition to Compromise Minor’s Claim Tentative Ruling: To grant. Orders signed. Petition off calendar. Pursuant to California Rules of Court, rule 3.1312(a) and Code of Civil Procedure section 1019.5, subd. (a), no further written order is necessary. The minute order adopting this tentative ruling will serve as the order of the court ...
Nov 16, 2020
Other
Intellectual Property
Fresno County, CA
Motion: By defendants for admission of counsel pro hac vice Tentative Ruling: To deny, without prejudice. Explanation: The application states it was served by electronic service, which is permitted by Judicial Council Emergency Rule 12. However, Code of Civil Procedure section 1013b, subdivision (b)(3) states that a proof of such service mu...
Nov 16, 2020
Fresno County, CA
Motion: By Defendant St. Agnes Medical Center for Summary Judgment Tentative Ruling: To grant. (Code of Civ. Proc., § 437c, subd. (c).) The prevailing party is directed to submit to this court, within five (5) days of service of the minute order, a proposed judgment consistent with the court’s summary judgment ruling. Explanation: A trial...
Nov 16, 2020
Personal Injury/ Tort
Medical Malpractice
Fresno County, CA
Motion: Plaintiff’s Motion to Amend Complaint Tentative Ruling: To continue the motion to Thursday, January 14, 2021, at 3:30 p.m. in Department 403. Plaintiff shall serve on defendants the moving papers along with a new notice of motion. Any opposition and reply papers shall be filed in accordance with the continued hearing date. (Code Civ. Pr...
Nov 13, 2020
Fresno County, CA
Motion: By Claimant for Disbursement of Surplus Funds Tentative Ruling: To take the matter off calendar, as no moving papers have been filed. Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order adopting this tentative ruling...
Nov 13, 2020
Other
Intellectual Property
Fresno County, CA
Motion: Defendant’s demurrer to the Complaint and motion to strike portions of the Complaint Tentative Ruling: To grant the request for the court to take judicial notice of the recorded documents. (Evid. Code § 452, subd. (h).) To sustain the special demurrer. (Code of Civ. Proc. § 430.10, subd. (d).) To sustain the general demurrer with th...
Nov 13, 2020
Personal Injury/ Tort
other
Fresno County, CA
Motion: Demurrer, by defendants Laton Unified School District and Jason KriKava Tentative Ruling: To grant defendants’ request for judicial notice. (Evid. Code § 452, subd (c).) To sustain the demurrer in its entirety to the first, fourth, fifth, sixth, seventh and eighth causes of action, without leave to amend. Explanation: In the case at...
Nov 13, 2020
Personal Injury/ Tort
other
Fresno County, CA
Motion: Demurrer to First Amended Complaint Tentative Ruling: To sustain the demurrer to the First Amended Complaint without leave to amend. (Code Civ. Proc., § 430.10, subd. (e).) Prevailing parties to submit to this court, within seven days of service of the minute order, a proposed judgment dismissing the action as to the demurring defendant...
Nov 13, 2020
Other
Intellectual Property
Fresno County, CA
Motion: By Plaintiff Blanco for an Order Striking Defendant’s Answer and Cross-Complaint, and Entering Defendant’s Default Tentative Ruling: To grant the plaintiff’s motion to strike defendant David J. Wright, DDS, Inc.’s answer and cross-complaint, and to enter defendant’s default. (Code Civ. Proc. § 436.) Explanation: Defendant David J. W...
Nov 13, 2020
Employment
Other Employment
Fresno County, CA
Motion: Plaintiff’s Counsel’s First Amended Motion to Withdraw Tentative Ruling: To deny, without prejudice. Explanation: With court approval, an attorney may withdraw from representing a client while an action is pending, even if the client objects. (Code Civ. Proc., § 284; Cal. Rules of Court, rule 3.1362.) "A notice of motion and motion ...
Nov 13, 2020
Real Property
other
Fresno County, CA
Motion: Petition to Compromise Minor’s Claim Tentative Ruling: To grant. Orders signed, motion off calendar. Pursuant to California Rules of Court, Rule 3.1312(a) and Code of Civil Procedure section 1019.5, subd. (a), no further written order is necessary. The minute order adopting this tentative ruling will serve as the order of the court an...
Nov 13, 2020
Other
Intellectual Property
Fresno County, CA
Motion: Amended Petition for Minor’s Compromise Tentative Ruling: To grant. Orders signed. Petition off calendar. Pursuant to California Rules of Court, rule 3.1312(a) and Code of Civil Procedure section 1019.5, subd. (a), no further written order is necessary. The minute order adopting this tentative ruling will serve as the order of the cou...
Nov 13, 2020
Other
Intellectual Property
Fresno County, CA
Motion: Application to Appear Pro Hac Vice, re: Benjamin A. Schwartzman Tentative Ruling: To grant. Explanation: California Rules of Court, rule 9.40 sets for the requirements for eligibility to be admitted pro hac vice in this state. If such requirements are met, the decision whether to admit or deny the application is a discretionary decisi...
Nov 13, 2020
Personal Injury/ Tort
Products Liability
Fresno County, CA
Motions: Petitions to compromise minors’ claims (x2) Tentative Ruling: To grant the petition to compromise the claim of Conan Aguayo. The proposed orders approving Claimant Aguayo's compromise and to deposit the money into a blocked account will be signed. To deny the petition to compromise the claim of Chloe Umpress, without prejudice. Petit...
Nov 12, 2020
Personal Injury/ Tort
other
Fresno County, CA
Motion: Plaintiff’s Motion for Approval of PAGA Settlement Tentative Ruling: To grant and approve the settlement. Explanation: Plaintiffs seek approval of the settlement of this action brought under PAGA. The operative pleading, the First Amended Complaint, asserts a single cause of action under PAGA for failure to provide employees with (a...
Nov 12, 2020
Employment
Other Employment
Fresno County, CA
Motion: by Defendant Linda O’Cain to Set Aside Default Tentative Ruling: To grant defendant Linda O’Cain’s motion to set aside the default entered against her on March 12, 2020. (Code Civ. Proc. § 473, subd. (b).) Defendant shall file and serve her Answer to the Complaint within 15 days of the date of this order. Explanation: Code of Civil ...
Nov 12, 2020
Real Property
other
Fresno County, CA
Motion: Motion to Set Amount of Bond on Appeal Tentative Ruling: To grant and set defendants’ appellate bond at $388,000. Explanation: Code of Civil Procedure1 section 916 provides the general provision which stays all judgments pending appeal. The various specific statutory exceptions to the automatic stay are found in section 917.1 et seq...
Nov 10, 2020
Other
Intellectual Property
Fresno County, CA
Motion: By Claimant Shelia M. Wood, as Successor Trustee of the Barton Leslie Ginsburg Living Trust, for Disbursement of Surplus Funds Tentative Ruling: To grant claimant Shelia M. Wood’s motion for disbursement of the surplus funds from the foreclosure sale of the property located at 81 E. Sussex Way, Fresno, California 93704, in the amoun...
Nov 10, 2020
Other
Intellectual Property
Fresno County, CA
Motion: by Defendants Foster Farms, LLC, and Foster Poultry Farms, Inc., for Demurrer and Motion to Strike Portions of First Amended Complaint (FAC) Tentative Ruling: To overrule the demurrer as to the sixth cause of action. To sustain the demurrer as to the tenth cause of action, with leave to amend, for failure to state facts sufficient...
Nov 10, 2020
Fresno County, CA
Motion: by Defendant State Center Community College District for Summary Judgment or, in the Alternative, Summary Adjudication Tentative Ruling: To deny defendant’s motion in all respects. (Code Civ. Proc. § 437c.) Explanation: First Cause of Action: Defendant State Center Community College District (SCCCD) moves for summary adjudicatio...
Oct 30, 2020
Employment
Other Employment
Fresno County, CA
Motion: Plaintiff State of California’s motion to compel initial discovery responses to special interrogatories, sets four and five, from defendant Brent Jackson and for monetary sanctions Tentative Ruling: To grant. (Code Civ. Proc., § 2030.290.) Within 20 days of service of the order by the clerk, defendant Brent Jackson shall serve res...
Oct 28, 2020
Real Property
Breach
Fresno County, CA
Motion: by plaintiffs for preliminary injunction Tentative Ruling: To grant a preliminary injunction that: 1) Defendant Kamboj is removed a manager of Tower Yoga and plaintiff Henkle is named as manager in his place; 2) All bank account records and login credentials for same, software, or other services used by Tower Yoga are to be turned t...
Oct 28, 2020
Fresno County, CA
Motion: Defendant Horizon Health & Sub-Acute, LLC, dba Horizon Health and Subacute Center’s Demurrer to the and Motion to Strike the First Cause of Action Tentative Ruling: To overrule the demurrer in its entirety. To deny the motion to strike except for the request to strike plaintiffs’ prayer for a $500 penalty per violation of the Patien...
Oct 28, 2020
Personal Injury/ Tort
other
Fresno County, CA
Motion: by Defendant Zamora for Terminating Sanctions Tentative Ruling: To grant defendant’s motion for terminating sanctions against plaintiff, as plaintiff has willfully refused to comply with this court’s order compelling him to respond to discovery. (Code Civ. Proc. §§ 2023.010, subd. (g); 2030.290, subd. (c); 2031.300, subd. (c).) To strik...
Oct 28, 2020
Personal Injury/ Tort
Medical Malpractice
Fresno County, CA
Motion: Plaintiff Crystal Dominguez’ Motion to Compel Production by Colonial Van & Storage, Inc., of Records of Luis Velosa M.D. Tentative Ruling: To grant. Explanation: The court finds that, as a result of his insanity plea and psychiatric examination and report by Luis Velosa, M.D., ordered by the court, Kyle Holaday has waived any righ...
Oct 28, 2020
Personal Injury/ Tort
other
Fresno County, CA
Motion: Default Prove-up Hearing Tentative Ruling: To deny, unless plaintiff can establish compliance with Code of Civil Procedure section 763.020, subdivision (a). Explanation: Where publication is ordered, it is governed by Code of Civil Procedure section 415.50, and is subject to the following conditions: (1) posting, within 10 days afte...
Oct 27, 2020
Real Property
other
Fresno County, CA
Motion: by plaintiff for summary adjudication of his Fifth Cause of Action Tentative Ruling: To deny. Explanation: The court overrules all objections by defendant but for those to the evidence of the offer under Code of Civil Procedure 998 and of its denials of certain requests for admission. (Code Civ. Proc. § 998, subd. (b)(2); Evid. Code §...
Oct 27, 2020
Real Property
other
Fresno County, CA
Motion: By defendants for leave to file a first amended answer Tentative Ruling: To grant. Defendants shall file their amended pleading within 10 days from the date of service of this order by the clerk. Explanation: The court is allowed broad discretion in permitting the parties to amend their pleadings. (Code of Civ. Proc., § 473, subd. (...
Oct 27, 2020
Fresno County, CA
Motion: by Cross-Defendant Steven Hrdlicka to Strike (Anti-SLAPP) Cross-Complaint Tentative Ruling: To deny. Explanation: The two causes of action subject to this motion are: (1) violation of the FDCPA (Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692, et seq.); and (2) violation of Business & Professions Code section 17200. The SLAP...
Oct 27, 2020
Collections
Collections
Fresno County, CA
Motion: By Jaireese Walker to withdraw money from blocked account Tentative Ruling: To grant. Explanation: California law provides that the funds deposited into a blocked account while a person is a minor belong to the person and may be withdrawn at will when that person reaches the age of 18, unless those funds were placed in a trust due t...
Oct 27, 2020
Other
Intellectual Property
Fresno County, CA
Motion: By Defendant Ygrene Energy Fund for Entry of Judgment Tentative Ruling: To grant defendant Ygrene Energy Fund’s motion for entry of judgment. (Code Civ. Proc. § 438, subd. (i).) Explanation: Under Code of Civil Procedure section 438, subdivision (i), “Where a motion for judgment on the pleadings is granted with leave to amend, the c...
Oct 27, 2020
Fresno County, CA
Motion: By Defendant Beverly Healthcare-California for Summary Judgment, or in the Alternative Summary Adjudication Tentative Ruling: To deny Beverly Healthcare-California’s motion for summary judgment, or in the alternative summary adjudication. (Code Civ. Proc. § 437c.) Explanation: First of all, it does not appear that defendant has pr...
Oct 27, 2020
Personal Injury/ Tort
other
Fresno County, CA
Motion: Writ of Attachment Tentative Ruling: To deny. Explanation: Plaintiff The Vons Companies, Inc. (“Vons”) seeks a writ of attachment as to all three defendants, International Market, LLC, Patrick Hinds and Kao Lee-Hinds, in relation to its claim for breach of a sublease of real property to defendants. To issue a right to attach order...
Oct 27, 2020
Fresno County, CA
Motion: By Plaintiffs for Default Judgment Against Defendants Leo Entertainment, Inc. and Daily Investments Group, LLC Tentative Ruling: To grant plaintiffs’ application for a default judgment against defendants Leo Entertainment, Inc. and Daily Investments Group, LLC, in the amount of $291,696.51. (Code Civ. Proc. §§ 585-586.) Explanation:...
Oct 27, 2020
Personal Injury/ Tort
Fraud
Fresno County, CA
Motion: Petition to Compromise a Minor’s Claim Tentative Ruling: To deny without prejudice. (Cal. Rule of Court, rule 3.1384.) Petitioner must file an amended petition in conformity with this ruling, with appropriate supporting papers and proposed orders, and further obtain a new hearing date for consideration of the amended petition. (Super. C...
Oct 27, 2020
Fresno County, CA
Motion: Global Ag Insurance Services, LLC’s Petition to Compel Arbitration Tentative Ruling: To grant and order plaintiffs to arbitrate their claims against Global Ag Insurance Services, LLC (“Global”) only, and award Global $495 in costs. This action is stayed (including as to Baird Crop Insurance Agency) pending completion of arbitration. E...
Oct 27, 2020
Fresno County, CA
Motion: By Plaintiff Torosian for Approval of Settlement Under PAGA Tentative Ruling: To deny the plaintiff’s motion for approval of the settlement under PAGA, without prejudice, for failure to show that the LWDA has been served with notice of the settlement agreement and motion to approve the settlement. (Labor Code section 2699, subd. (l)(2)....
Oct 26, 2020
Fresno County, CA
Motion: By Defendant The Wonderful Company LLC for Demurrer and Defendant Wonderful Almond Cooperative’s Motion to Strike Portions of the Second Amended Complaint Tentative Ruling: To overrule the demurrer. (Code Civ. Proc., § 430.10.) To deny the motion to strike. (Code Civ. Proc., §§ 435, 436.) Defendants shall serve and file their answer...
Oct 26, 2020
Fresno County, CA
Motion: Demurrer to First Amended Complaint and Motion to Strike Portions of the First Amended Complaint Tentative Ruling: To overrule defendant’s general demurrer to the sixth and tenth causes of action. (Code Civ. Proc. §430.10(e).) Defendant shall file and serve their answer to the first amended complaint within thirty (30) days from the d...
Oct 26, 2020
Employment
Other Employment
Fresno County, CA
Motions: By Defendant to Quash Service of Summons and to Dismiss Action; Court’s Order to Show Cause re Dismissal Tentative Ruling: To grant defendant’s motions to quash service of summons and to dismiss the action. (Code of Civ. Proc., §§ 418.10, 583.250.) To grant defendant’s requests for judicial notice. To vacate, as moot, the court’s ord...
Oct 26, 2020
Fresno County, CA
Motion: Defendant Roadtex LTL, Inc.'s application for determination of good faith settlement Tentative Ruling: To take off calendar. (Code Civ. Proc. §877.6(a)(2).) Explanation: A "settling party may give notice of settlement to all parties and to the court, together with an application for determination of good faith settlement and a pro...
Oct 26, 2020
Personal Injury/ Tort
other
Fresno County, CA
In the event that oral argument is requested it will be held on Thursday, October 29, 2020 at 3:30 p.m. in Dept 501 Motion: Demurrer to First Amended Complaint and Motion to strike Portions of the First Amended Complaint Tentative Ruling: To sustain the demurrer. (Code of Civ. Proc., § 430.10, subd. (e).) To grant the motion to strike. ...
Oct 23, 2020
Fresno County, CA
Motion: by non-party to reconsider 2015 minor’s compromise approval order issued in dismissed case Tentative Ruling: To deny. Explanation: Petitioner is a factoring company that seeks to purchase part of a structured settlement payment due to Zachary Herr, who suffered a traumatic brain injury when hit by a truck traveling some 50-60 mile...
Oct 23, 2020
Other
Intellectual Property
Fresno County, CA
Motion: By Defendant Julio Vasquez for Determination of Good Faith Settlement Tentative Ruling: To deny defendant Julio Vasquez’s motion for determination of good faith settlement, without prejudice. (Code Civ. Proc. § 877.6; Tech-Bilt, Inc. v. Woodward- Clyde & Associates (1985) 38 Cal.3d 488.) Explanation: First of all, the motion is de...
Oct 21, 2020
Personal Injury/ Tort
other
Fresno County, CA
Motion: By plaintiff for order permitting service by publication Tentative Ruling: To grant with conditions. Explanation: The service proposed by plaintiff is permitted under Code of Civil Procedure sections 861 and 861.1. Plaintiff’s counsel avers that the newspapers suggested meet the definition set forth in Government Code section 6000. ...
Oct 21, 2020
Other
Intellectual Property
Fresno County, CA
Motion: By plaintiff for order permitting service by publication Tentative Ruling: To grant with conditions. Explanation: The service proposed by plaintiff is permitted under Code of Civil Procedure sections 861 and 861.1. Plaintiff’s counsel avers that the newspapers suggested meet the definition set forth in Government Code section 6000. ...
Oct 21, 2020
Other
Intellectual Property
Fresno County, CA
In the event that oral argument is requested it will be held on Thursday, October 29, 2020 at 3:30 p.m. in Dept 501 Motion: by Defendant Fresno Community Hospital and Medical Center for Summary Judgment or, in the Alternative, Summary Adjudication Tentative Ruling: To grant defendant Fresno Community Hospital and Medical Center’s motion...
Oct 21, 2020
Personal Injury/ Tort
other
Fresno County, CA
Motion: by plaintiff for final approval of class action settlement, award of attorney’s fees and costs, and class incentive award. Tentative Ruling: To deny without prejudice. Explanation: 1. Improper Inclusion of FLSA Claims The Court’s rulings on March 13, 2019 and August 12, 2019 stated the statutory requirements for inclusion of claim...
Oct 20, 2020
Employment
Other Employment
Fresno County, CA
Motion: by defendant for summary judgment or, in the alternative, for summary adjudication Tentative Ruling: To deny the motion in all respects. Explanation: There is no opposition filed to this motion. That is not dispositive, however, as the moving party is still required to meet its burden of showing there are no triable issues of mate...
Oct 20, 2020
Employment
Other Employment
Fresno County, CA
Motion: by Plaintiff for Summary Judgment or, in the Alternative, for Summary Adjudication Tentative Ruling: To grant plaintiff’s motion for summary judgment as to the entire First Amended Complaint. (Code Civ. Proc. § 437c.) Explanation: Plaintiff has met its burden of proving up its claims, which are all based on defendant’s failure to ...
Oct 20, 2020
Fresno County, CA
Motion: By Defendant Deanna Martin for a Protective Order Tentative Ruling: To grant defendant Deanna Martin’s motion for a protective order regarding plaintiff’s subpoena for business records served on the Clovis Police Department, and to quash the subpoena. (Code Civ. Proc. §§ 1987.1; 2017.020.) To grant defendant’s request for monetary sanct...
Oct 20, 2020
Personal Injury/ Tort
other
Fresno County, CA
Motion: By Plaintiff for Default Judgment Tentative Ruling: To withdraw the motion to reconsider the service by publication order. To grant the request for judicial notice. (Evid. Code, §§ 450, 452.) To grant the default judgment as to the 1542 A Street property. To deny the default judgment as to the 308 Eden Street property unless additional ...
Oct 19, 2020
Other
Intellectual Property
Fresno County, CA
Motion: Petition to Compromise a Minor’s Claim Tentative Ruling: The Court is inclined to grant the Petition to Compromise a Pending Action. However, there are several problems with the proposed Order Approving Compromise. If all of the problems were corrected, the Petition would be granted and the proposed Orders Approving Compromise and to De...
Oct 19, 2020
Personal Injury/ Tort
other
Fresno County, CA
Motion: by Defendant for Attorney Fees and Costs Tentative Ruling: To grant. To grant in the amount requested. (Code Civ. Proc. §425.16, subd. (c).) Plaintiff is ordered to pay $10,277.50 to the Yarra Law Group within 30 days of the clerk’s mailing of the minute order. Explanation: Generally, “[a] statute authorizing an attorney fee award a...
Oct 19, 2020
Contract
Contract - Other
Fresno County, CA
Motion: Plaintiff’s Motion to Amend Complaint Tentative Ruling: To grant. Plaintiff is granted 10 days’ leave to file the First Amended Complaint, which will run from service by the clerk of the minute order. New allegations/language must be set in boldface type. Explanation: Motions for leave to amend the pleadings are directed to the soun...
Oct 19, 2020
Fresno County, CA
Motion: David and Neola Barnes’s motion for leave to file a first amended complaint Tentative Ruling: To grant. David and Neola Barnes are granted 10 days leave to file the first amended complaint. The time in which the complaint can be amended will run from service by the clerk of the minute order. All new allegations in the first amended comp...
Oct 19, 2020
Real Property
other
Fresno County, CA
Motion: by Defendant City of Firebaugh to bifurcate Tentative Ruling: To grant. Explanation: Code of Civil Procedure section 598 states, in part: “The court may, when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby, on motion of a party, after notice and h...
Oct 19, 2020
Personal Injury/ Tort
other
Fresno County, CA
Petition: by plaintiff for approval of minor’s compromise Tentative Ruling: To deny, without prejudice to a future petition that cures the defects discussed below. Explanation: Counsel needs to provide a declaration which fully discusses all factors listed in California Rules of Court, rule 7.955(b). The Declaration must have attached to it...
Oct 19, 2020
Personal Injury/ Tort
other
Fresno County, CA
Motion: by Defendants for Summary Adjudication of Plaintiff’s First, Second, and Third Causes of Action Tentative Ruling: To deny defendants’ motion for summary adjudication in its entirety. (Code Civ. Proc. § 437c.) Explanation: Defendants move for summary adjudication of the first cause of action for breach of written contract, the seco...
Oct 19, 2020
Fresno County, CA
In the event oral argument is timely requested, it will be heard on October 26, 2020, at 1:30 p.m., in Dept. 503. Motion: Plaintiff’s Motion for Leave to File Amended Complaint Tentative Ruling: To grant. Plaintiff shall file and serve the proposed First Amended Complaint within five (5) days of the clerk’s service of this order. Explanat...
Oct 19, 2020
Personal Injury/ Tort
other
Fresno County, CA
Motion: By Defendant to compel responses to form interrogatories, set one, special interrogatories, set one, and request for production, set one; and, request for monetary sanctions Tentative Ruling: To grant the moving party’s motion to compel responses to the Form Interrogatories (set one), Special Interrogatories (set one) and Request ...
Oct 16, 2020
Personal Injury/ Tort
other
Fresno County, CA
Motion: By Defendant Alma Beltran in Demurrer to the Complaint Tentative Ruling: To overrule the demurrer in its entirety, with defendant Alma Beltran granted 10 days’ leave to file her answer to the complaint. The time in which the answer can be filed will run from service by the clerk of the minute order. Explanation: Defamation “The el...
Oct 16, 2020
Personal Injury/ Tort
Defamation
Fresno County, CA
Consolidated cases: Superior Court Case No. 18CECG03766/lead case Motion: By Defendant/Cross Complainant Ron Cook and Plaintiff/Cross Defendant Prosperity Farms, LLC for leave to file a cross complaint Tentative Ruling: To grant. The moving party is granted 20 days leave from the date of this order to file their cross complaint. Expla...
Oct 16, 2020
Fresno County, CA
In the event oral argument is timely requested, it will be heard on October 26, 2020, at 1:30 p.m., in Dept. 503. Motion: By plaintiff to compel arbitration Tentative Ruling: To deny without prejudice. Explanation: The motion seeks arbitration of the entire complaint, which includes a cause of action against a non-party to the arbitrati...
Oct 16, 2020
Fresno County, CA
Motion: By Plaintiff to Deem Request for Admissions Admitted Tentative Ruling: To deny. Explanation: Where a party fails to timely respond to a propounding party’s requests for admissions (“RFAs”), the court must grant the propounding party’s motion requesting that matters be deemed admitted, unless it finds that the party to whom the reque...
Oct 16, 2020
Fresno County, CA
Motion: By Plaintiff to Compel Defendant to Provide Further Responses to Special Interrogatories, Set One, Numbers 52 and 53, and for Monetary Sanctions Tentative Ruling: To grant plaintiff’s motion to compel defendant to provide further responses to special interrogatories, set one, numbers 52 and 53. (Code Civ. Proc. § 2030.300.) Within 1...
Oct 15, 2020
Other
Intellectual Property
Fresno County, CA
Motion: By Plaintiffs for Attorney’s Fees Tentative Ruling: To grant plaintiffs’ motion for attorney’s fees, costs and expenses. (Civ. Code § 1794, subd. (d).) To reduce the amount of fees to $65,418.33, which includes a lodestar multiplier of 0.15. To grant costs in the amount of $5,179.42. Explanation: Under the Song-Beverly Act, Civil Co...
Oct 15, 2020
Fresno County, CA
Motion: Slack’s Demurrer to Second Amended Complaint Slack’s Motions to Strike Second Amended Complaint Tentative Ruling: To deny both motions to strike and overrule the demurrer to the Second Amended Complaint (“SAC”). Defendant Tom Slack shall file his Answer to the SAC within 10 days of service of the minute order by the clerk. Explanati...
Oct 14, 2020
Collections
Collections
Fresno County, CA
Motion: Defendant Horizon Health and Subacute Center’s Demurrer to the First Amended Complaint and Motion to Strike Portions of the First Amended Complaint Tentative Ruling: To sustain the demurrer, with leave to amend. (Code of Civ. Proc., § 430.10, subd. (e).) To grant the motion to strike, with leave to amend. (Code of Civ. Proc., §§ 435...
Oct 14, 2020
Personal Injury/ Tort
Medical Malpractice
Fresno County, CA
Motion: By Defendants in Demurrer to Complaint Tentative Ruling: To strike, sua sponte the First Amended Complaint (FAC) plaintiff filed on September 15, 2020. To deny defendant’s request to strike and not consider the opposition brief. To sustain the general demurrers to all causes of action, except for the claim under Business and Professions...
Oct 14, 2020
Employment
Other Employment
Fresno County, CA
Motion: Plaintiff’s Motion to Enforce Settlement Tentative Ruling: To grant. Plaintiff is directed to submit a corrected proposed judgment within 10 days of service of this order. Explanation: Code of Civil procedure section 664.6 provides: If parties to pending litigation stipulate, in a writing signed by the parties outside the presence...
Oct 13, 2020
Personal Injury/ Tort
other
Fresno County, CA
Date: October 15, 2020 (Dept. 502) Motion: Petition to compromise claim of a minor To grant. Hearing off calendar. Petitioner to submit properly completed orders for signature and notify department clerk upon filing. Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further ...
Oct 13, 2020
Other
Intellectual Property
Fresno County, CA
Motions: Petitions to Compromise Minors’ Claims Tentative Ruling: To grant. Orders signed. Hearings off calendar. Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order adopting this tentative ruling will serve as the order of ...
Oct 13, 2020
Fresno County, CA
Motion: By Plaintiff for Certification of Class for Settlement Purposes and Approval of Class Action Settlement Tentative Ruling: To grant plaintiff’s motion for certification of class for the purpose of settlement and final approval of the class action settlement. Explanation: Class Certification Under California Law, the party seeking...
Oct 13, 2020
Employment
Other Employment
Fresno County, CA
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