Fresno County Superior Courts Tentative Rulings

Re: Guadalupe A. Villagomez v. Leonel Villagomez et al. Superior Court Case No. 22CECG00485 Hearing Date: February 2, 2023 (Dept. 502) Motion: By Defendants Leonel Villagomez, Stella Villagomez, and 2 Boyz, Inc., to Expunge Lis Pendens Tentative Ruling: To grant and expunge the lis pendens. To grant defendants’ request for an award of...

Re: Donald Aluisi v. James Jorgensen Superior Court Case No. 17CECG01912 Hearing Date: February 2, 2023 (Dept. 503) Motion: By Plaintiffs Donald Aluisi and Karen Aluisi to (1) Compel Defendant Paul Brar’s Responses to Form Interrogatories, Set Two; (2) Compel Defendant David Justice’s Responses to Form Interrogatories, Set Two; (3) Comp...

Re: In re Kalie Moua Superior Court Case No. 22CECG3825 Hearing Date: February 2, 2023 (Dept. 502) Motion: Petition for Approval of Compromise of Minor’s Claim Tentative Ruling: To grant. Orders signed. No appearances necessary. Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivis...

Re: Jane Doe v. Trinity Health Corporation Superior Court Case No. 21CECG01454 Hearing Date: February 2, 2023 (Dept. 403) Motion: Defendant’s Motion for Reconsideration Tentative Ruling: To deny. (Code Civ. Proc. § 1008.) If oral argument is timely requested, the matter will be heard on Thursday, February 2, 2023 at 3:00 p.m. in Dept....

Re: 1375/1717 West Elm Ave., LLC v. PEP Partners, LLC Superior Court Case No. 21CECG02754 Hearing Date: February 2, 2023 (Dept. 403) Motion: 1) by Plaintiff and Cross-Defendants 1375/1717 West Elm Ave., LLC; Green Capital Investments, LLC; Green Capital Management Services, LLC; Barnum & Celillo Electric, Inc.; and Fred T. Barnum; and Cro...

Re: Winchester v. Khroud Superior Court Case No. 20CECG01583 Hearing Date: February 2, 2022 (Dept. 403)( see below) Motion: Defendant Jay Bhandal’s Demurrer to the First Amended Complaint Tentative Ruling: To continue the motion to Thursday, March 2, 2023, at 3:30 p.m. in Department 403, in order to allow the parties to meet and confe...

Re: Souza v. Calcote Superior Court Case No. 22CECG01565 Hearing Date: February 2, 2023 (Dept. 502) Motion: Petitions for Approval of Compromise of Disputed Claim of Minors Tentative Ruling: To grant. Orders signed. No appearances necessary. Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1...

Re: Amie Vang v. Jim Anderson Superior Court Case No. 21CECG03365 Hearing Date: February 2, 2023 (Dept. 502) Motion: By Plaintiff 1) To Have Requests for Admissions (Set Two) Deemed Admitted; 2) To Compel Attendance; and 3) For Terminating and Monetary Sanctions Tentative Ruling: To grant the request for terminating sanctions in favor...

Re: Smith v. Grundfos Pumps Manufacturing Corp. Superior Court Case No. 20CECG00674 Hearing Date: February 2, 2023 (Dept. 403) Motion: By Plaintiff for Preliminary Approval of Class Action Settlement Tentative Ruling: To deny the motion for preliminary approval of the class action settlement, without prejudice and to approve proposed PA...

Re: FCERA Realty Group, LLC v. Boardwalk at Palm Bluffs, LP Superior Court Case No. 19CECG01169 Hearing Date: February 2, 2023 (Dept. 502) Motion: By Defendant Target Constructors, Inc. for Summary Adjudication Tentative Ruling: To deny. All objections are overruled. (Code Civ. Proc. § 437c, subd. (q).) Explanation: Summary adjudica...

Re: Hernandez v. City of Fresno Superior Court Case No. 20CECG00052 Hearing Date: February 2, 2023 (Dept. 503) Motion: by Defendants for Summary Judgment, or Alternatively Summary Adjudication Tentative Ruling: To deny the motion for summary judgment. To deny the motion for summary adjudication. (Code Civ. Proc. § 437c.) Explanation...

Re: Nieves v. Adee Honey Farms Superior Court Case No. 20CECG03073 Hearing Date: February 2, 2023 (Dept. 403) Motion: Plaintiff’s Motion for Preliminary Approval of Class Action Settlement Tentative Ruling: To grant. If oral argument is timely requested, the matter will be heard on Thursday, February 2, 2023 at 3:00 p.m. in Dept. 50...

Re: Hernandez v. Walmart Transportation LLC Superior Court Case No. 19CECG04292 Hearing Date: February 2, 2023 (Dept. 503) Motion: Application to Appear Pro Hac Vice on Behalf of Defendants Wal-Mart Transportation, LLC and Jose Alfredo ORtiz Tentative Ruling: To deny. Explanation: The hearing was continued from January 11, 2023 to a...

Re: G.R. v. Clovis Unified School District, et al. Superior Court Case No. 20CECG01748 Hearing Date: February 2, 2023 (Dept. 403) Motion: Application of David A. White to Appear Pro Hac Vice on Behalf of Defendant Schutt Sports, LLC Tentative Ruling: To grant. The applicant has satisfied the requirements of the California Rules of Cou...

Re: Johnson v. Saint Agnes Medical Center Superior Court Case No. 21CECG02609 Hearing Date: February 2, 2023 (Dept. 502) Motion: By Defendant Saint Agnes Medical Center, for Summary Judgment Tentative Ruling: To grant. Defendant Saint Agnes Medical Center is directed to submit to this court, within 5 days of service of the minute orde...

Re: Ramirez v. Ford Motor Company, a Delaware Corporation Superior Court Case No. 20CECG01742 Hearing Date: February 1, 2023 (Dept. 503) – None. See below. Motion: Christopher M. Lovasz’ Motion to be Relieved as Counsel Tentative Ruling: To order off calendar. Explanation: Defendant filed a “Notice to State Court and Adverse Party of ...

Re: Financial Pacific Leasing, Inc. v. Sergio Almeida Superior Court Case No. 22CECG02060 Hearing Date: February 1, 2023 (Dept. 502) Motion: Plaintiff’s Applications for Writ of Possession and for Writ of Attachment Tentative Ruling: To deny in light of the entry of default against defendants Sergio Vivanco Almeida and S&A Installatio...

Re: Kathleen Slatic v. Daniel Ashley Superior Court Case No. 19CECG04036/Lead Case Hearing Date: February 1, 2023 (Dept. 403) Motion: By Defendant Daniel Ashley for Terminating and Monetary Sanctions, or, in the Alternative, Issue and Monetary Sanctions Tentative Ruling: To deny, without prejudice. If a timely request for oral argumen...

Re: In re Angel Salvador Bautista Superior Court Case No. 23CECG00127 Hearing Date: February 1, 2023 (Dept. 501) 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 a new hearing date for c...

Re: Harris v. BNSF Railway Company Superior Court Case No. 20CECG01310 Hearing Date: February 1, 2023 (Dept. 503) Motion: by Defendant for Summary Judgment, or in the alternative, for Summary Adjudication Tentative Ruling: To deny defendant’s motion for summary judgment, and the alternative motion for summary adjudication. (Code Civ. ...

Re: Seaver v. Khan Superior Court Case No. 18CECG03442 Hearing Date: February 01, 2023 (Dept. 503) Motion: Defendant’s Motion for Reconsideration Tentative Ruling: To deny. (Code Civ. Proc., § 1005, subd. (b).) Explanation: Defendant seeks reconsideration of an order entered on April 19, 2022, denying his motion to set aside default...

Re: 2 Boyz, Inc. v. Steven Villagomez Superior Court Case No. 22CECG03346 Hearing Date: February 1, 2023 (Dept. 502) Motion: By Cross-Defendants Frank Villagomez and Leonel Villagomez to Strike (Anti-SLAPP) Cross-Complainant Steven Villagomez’s Second Cause of Action in the Cross-Complaint Tentative Ruling: To grant. Explanation: ...

Re: GBT Roadline, LLC v. Midline Insurance Services, Inc. Superior Court Case No. 21CECG03688 Hearing Date: February 1, 2023 (Dept. 501) Motion: by Defendants Amneet Kaur and Midline Insurance Services, Inc., to Set Aside Default Tentative Ruling: To deny defendants’ motion to set aside the default entered against them. (Code Civ. Pro...

Re: Woods v. Lithia JEF, Inc., et al. Court Case No. 20CECG02448 Hearing Date: February 1, 2023 (Dept. 501) Motion: by Plaintiff for an Award of Attorney’s Fees and Expenses Tentative Ruling: To grant the motion for attorney’s fees in the amount of $66,533.60; to also award plaintiff costs and expenses of $5,505.74. Payment of both sums...

Re: Montes v. Nissan North America, Inc. Superior Court Case No. 21CECG00459 Hearing Date: February 1, 2023 (Dept. 502) Motion: by Defendant to Compel Arbitration Tentative Ruling: To deny. Explanation: A trial court isrequired to grant a motion to compel arbitration “if itdetermines that an agreement to arbitrate the controversy ex...

Re: Romero v. BNSF Railway Company, et al. Superior Court Case No. 21CECG00013 Hearing Date: February 1, 2023 (Dept. 403) Motion: Application of John Benjamin “Ben” Bireley to Appear as Counsel Pro Hac Vice on Behalf of Plaintiff Tony L. Romero If a timely request for oral argument is made, such argument will be heard in Department 501....

Re: Henry Nutt v. ASFC, LLC Superior Court Case No. 21CECG00531 Hearing Date: January 31, 2023 (Dept. 503) Motion: By Plaintiffs for Leave to Amend Complaint Tentative Ruling: To grant. Plaintiffs must file the Second Amended Complaint within 10 days from the clerk’s service of the minute order granting this motion. Explanation: Ame...

Re: Andrea Herington v. Board of Trustees of California State University Superior Court Case No. 19CECG01465 Hearing Date: January 31, 2023 (Dept. 502) Motion: (1) Plaintiffs’ Motion for Final Approval of Class and PAGA Settlement (2) Plaintiffs’ Motion for Attorneys’ Fees, Costs and Incentive Awards Tentative Ruling: To grant sign the ...

Re: Veronica Duran v. Pitman Farms Superior Court Case No. 18CECG01995 Hearing Date: January 31, 2023 (Dept. 502) Motion: by plaintiff for Final Approval of Class Settlement Tentative Ruling: To grant plaintiff’s motion for final approval of the class settlement, class representative’s enhancement payment, attorney’s fees and costs, and...

Re: Ross v. Netafim Irrigation, Inc. Superior Court Case No. 15CECG02493 Hearing Date: January 31, 2023 (Dept. 403) Motion: Hearing re Amended Judgment If oral argument is timely requested, the matter will be heard on, January 31, 2023 at 3:00 p.m. in Dept. 502 Tentative Ruling: The Proposed Amendment to Final Approval Order and Judgm...

Re: 5561 Sultana, LLC v. Central Valley Box Drop, LLC Superior Court Case No. 22CECG01269 Hearing Date: January 31, 2023 (Dept. 502) Motion: Default Prove-Up Tentative Ruling: To deny without prejudice. Explanation: Default judgment A defaulting defendant admits only facts well pleaded in the complaint. (Molen v. Friedman (1998) 6...

Re: Robles v. Cemex Construction Materials Pacific, LLC Superior Court Case No. 18CECG03123 Hearing Date: January 31, 2023 (Dept. 403) Motion: Cemex Construction Materials Pacific, LLC’s Motion to Deem Admitted Requests for Admission, Set One If oral argument is timely requested, the matter will be heard on, January 31, 2023 at 3:00 p.m...

Re: Fresno Mansion, LLC v. Pena Superior Court Case No. 22CECG01321 Hearing Date: January 31, 2023 (Dept. 503) Motion: By Defendants Ayaz Gill and Gill Construction, Inc. to Set Aside Default Tentative Ruling: To grant. Defendants Ayaz Gill and Gill Construction, Inc. are to file and serve their answers on plaintiff. Defendants are to...

Re: United Security Bank v. FGV Fresno, LP Superior Court Case No. 23CECG00035 Hearing Date: January 31, 2023 (Dept. 502) Motion: By Plaintiff for Appointment of Receiver Tentative Ruling: To set the amount of undertaking and to grant the request for appointment of Hanno T. Powell as receiver. (Code Civ. Proc., §§ 564, 567.) All parties...

Re: Edwards et al. v. K&K Homes, LLC et al. Superior Court Case No. 18CECG04628 Hearing Date: January 31, 2023 (Dept. 501) Motions: by Defendant Zaid Altahan for Terminating Sanctions by Defendant K&K Home, LLC, for Terminating Sanctions Tentative Ruling: To grant both motions and impose terminating sanctions against plaintiffs Linda ...

Re: Janis Johnson v. Saint Agnes Medical Center Court Case No. 20CECG02609 Hearing Date: January 31, 2023 (Dept. 502) Motion: Defendant Godfred Yankey’s Motion for Summary Judgment Tentative Ruling: To deny the motion in its entirety. To overrule Evidentiary Objection 1; sustain Evidentiary Objection 2, and decline to rule on Evidentiar...

Re: In Re: Sunny Lillard Superior Court Case No. 21CECG03316 Hearing Date: January 31, 2023 (Dept. 502) Motion: Petition for Compromise of Minor Tentative Ruling: To grant. The Court intends to sign the proposed orders. No appearances necessary. Explanation: Pursuant to California Rules of Court, Rule 3.1312 and Code of Civil Proced...

Re: Malinda Castleberry v. Jing Zhang Lee Superior Court Case No. 20CECG02035 Hearing Date: January 31, 2023 (Dept. 502) Motion: By Defendants for Summary Judgment, or in the Alternative Summary Adjudication Tentative Ruling: To deny defendants’ motion for summary judgment, and the alternative motion for summary adjudication of each s...

Re: Juan Torres v. Rosalia Solis Superior Court Case No. 22CECG00075 Hearing Date: January 31, 2023 (Dept. 502) Motion: Defendant City of Parlier’s Demurrer to the First Amended Complaint Tentative Ruling: To overrule the demurrer, with defendant City of Parlier granted 10 days’ leave to file its answer to the first amended complaint....

Re: Xavier Smith v. Richard Hallsten Superior Court Case No. 22CECG01627 Hearing Date: January 26, 2023 (Dept. 501) Motion: Minor’s Compromise Tentative Ruling: To grant. The Proposed Orders will be signed. No appearances necessary. Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subd...

Re: Santos Lopez v. Cedarwood-Young Company Superior Court Case No. 20CECG03757 Estate of Joe L. Faz v. County of Fresno Superior Court Case No. 21CECG03062 Estate of Joe L. Faz v. California Department of Transportation Superior Court Case No. 22CECG00231 Hearing Date: January 26, 2023 (Dept. 501) Motion: by Defendant California Depa...

Re: Julie Andrews v. Cary Chleborad Superior Court Case No. 21CECG02909 Hearing Date: January 26, 2023 (Dept. 503) – See instruction below Motion: Demurrer to the Complaint by Defendant Cary Chleborad Tentative Ruling: To continue the motion to Tuesday, February 28, 2023, at 3:30 p.m. in Department 503, in order to allow the parties to ...

Re: Tapia v. Paul Blanco’s Good Car Company Fresno, Inc. Superior Court Case No. 18CECG01290 Hearing Date: January 26, 2023 (Dept. 503) – none, see below. Motion: James S. Sifers’ Motion to be Relieved as Counsel Tentative Ruling: To take the motion off calendar. Explanation: On July 12, 2022 (i.e., long before this motion was filed),...

Re: Diaz-Samaniego v. Paul Blanco’s Good Car Company Fresno, Inc. Superior Court Case No. 18CECG02632 Hearing Date: January 26, 2023 (Dept. 503) – none, see below. Motion: James S. Sifers’ Motion to be Relieved as Counsel Tentative Ruling: To take the motion off calendar. Explanation: On October 19, 2021 (i.e., long before this moti...

Re: In re Micah Ortega Superior Court Case No. 22CECG00351 Hearing Date: January 26, 2023(Dept. 503) Motion: Petition for Approval of Compromise of Claim of Minor Tentative Ruling: To grant. Orders signed, but revised as explained below. No appearances necessary. Explanation: As disclosed in the petition, a guardianship of the minor...

Re: Noelle Tarabulski v. Troy Howe, SR Superior Court Case No. 20CECG01561 Hearing Date: January 26, 2023 (Dept. 503) Motion: Motion by Defendant Troy Clifford Howe, Sr. for Summary Judgment and/or Summary Adjudication Tentative Ruling: To grant defendant’s motion for summary judgment. Defendant is directed to submit to this court, wi...

Re: Mercado v. Washington Unified School District Superior Court Case No. 21CECG01671 Hearing Date: January 25, 2023 (Dept. 503) – Cont. See below. Motion: Defendant Washington Unified School District’s Demurrer to the First Amended Complaint Tentative Ruling: To continue the motion to Thursday, February 23, 2023, at 3:30 p.m. in Depart...

Re: Quintero v. Berni Superior Court Case No. 22CECG01671 Hearing Date: January 25, 2023 (Dept. 503) Motion: by Defendants for an Order Compelling Plaintiff’s Responses to Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One; Order Deeming Requests for Admissions Admitted Te...

Re: Celis v. Paul Blanco’s Good Car Company Fresno, Inc. Superior Court Case No. 18CECG01804 Hearing Date: January 25, 2023 (Dept. 501) Motion: by James S. Sifers to be Relieved as Counsel Tentative Ruling: To take the motion off calendar. Explanation: On January 21, 2022 (i.e., over one year ago), this entire action was dismissed wit...

Re: Isaac Clark v. Jason Pritchard SR, et al. Superior Court Case No. 21CECG03472 Hearing Date: January 24, 2023 (Dept. 503) Motions Motion to Strike Tentative Ruling: To deny. Explanation: Defendants move to strike portions of the First Amended Complaint, arguing that Plaintiff has included a defendant, David Garrett, who is allege...

Re: Creditors Adjustment Bureau Inc. v. Gonzales Superior Court Case No. 22CECG01017 Hearing Date: January 25, 2023 (Dept. 501) Motion: by Plaintiff for Summary Judgment Tentative Ruling: To continue the hearing to Tuesday, March 14, 2023, at 3:30 p.m. in Department 501, to allow time for plaintiff to file an amended complaint and, if n...

Re: Thomas Emerzian v. Wilsonart, LLC Superior Court Case No. 17CECG02495 Hearing Date: January 25, 2023 (Dept. 502) Motions: By Plaintiff to Compel Defendant Wilsonart, LLC, Responses to Request for Production of Documents, Set Two Tentative Ruling: To deny the discovery motion as moot. To impose monetary sanctions in the amount of $...

Re: Lydia Veniegas v. Carlos Ramirez Superior Court Case No. 22CECG00945 Hearing Date: January 25, 2023 (Dept. 502) Motion: By Defendant Carlos Ramirez to Strike Portions of the Complaint Tentative Ruling: To deny defendant Carlos Ramirez’s motion to strike the portions of the complaint referring to punitive damages. Defendant shall f...

Re: Benchmark Insurance v. Grayson Conrad Superior Court Case No. 20CECG01415 (Lead Case) Joe Pena, Jr. v. Grayson Conrad Superior Court Case No. 20CECG01679 (Non-Lead) Hearing Date: January 25, 2023 (Dept. 502) Motion: Defendant North Cal Cleaning Company’s Demurrer to the Second Amended Complaint of Plaintiff Joe Louis Pena, Jr. Ten...

Re: Zybura v. Freitas Superior Court Case No. 20CECG03201 Hearing Date: January 25, 2023 (Dept. 503) – Cont. See below. Motion 1) Defendants Keith Freitas and Sea Pine Ventures’ Motion to Strike or Motion for Judgment on the Pleadings as to the Third Amended Complaint 2) Defendant Tend the Garden, Inc.’s Demurrer to the Third Amended ...

Re: Cardona v. Hinjosa Superior Court Case No. 21CECG01202 Hearing Date: January 24, 2023 (Dept. 503) Motion: By Plaintiff Ana Cardona to Compel Initial Discovery Responses, Deemed Admissions Order Tentative Ruling: To grant. (Code Civ. Proc., § 2030.290, 2031.300, 2033.280.) Within 10 days, defendant Angelica Hinojosa shall serve ver...

Re: In re Brandon Crippen Superior Court Case No. 23CECG00028 Hearing Date: January 24, 2023 (Dept. 501) Motion: Petition for Approval of Compromise of Minor’s Claim Tentative Ruling: To grant. The Proposed Orders will be signed. No appearances are necessary. In the event of a timely request for oral argument, such argument will be en...

Re: Rudy Calderon v. Paul Blanco’s Good Car Company Fresno, Inc. Superior Court Case No. 18CECG02375 Hearing Date: January 24, 2023 (Dept. 502) Motion: James S. Sifers’ Motion to be Relieved as Counsel Tentative Ruling: To take the motion off calendar. Explanation: On July 5, 2022, this entire action was dismissed with prejudice. A vo...

Re: Cardiovascular Consultants Heart Center v. Norcal Mutual Insurance Company Superior Court Case No. 18CECG01943 Hearing Date: January 24, 2023 (Dept. 503) Motion: By Cardiovascular Consultants Heart Center to Strike or Tax Costs of Norcal Mutual Insurance Co. Tentative Ruling: To grant and strike costs claimed by Norcal Mutual Insu...

Re: Mary Ann Jones v. Solgen Construction, LLC Superior Court Case No. 22CECG01590 Hearing Date: January 24, 2023 (Dept. 502) Motion: By Plaintiff to Compel Formation Discovery from Defendant GoodLeap, LLC Tentative Ruling: To grant. Defendant GoodLeap, LLC shall provide responsive documents to plaintiff’s request for production of do...

Re: Workman v. Bray Superior Court Case No. 17CECG03679 Hearing Date: January 24, 2023 (Dept. 501) Motion: by Defendants David Bray, Jr., and Dawn Bray to Dismiss Complaint by Defendant Adi McKissen to Dismiss Complaint Tentative Rulings: To deny both motions. (Code Civ. Proc. §§ 583.310; 583.410, et seq.) In the event of a timely r...

Re: In re Kalie Moua Superior Court Case No. 22CECG3825 Hearing Date: January 24, 2023 (Dept. 502) Motion: Petition for Approval of Compromise of Minor’s Claim Tentative Ruling: To continue to Thursday, February 2, 2023, at 3:30 p.m. in Department 502. A new Order Approving Compromise (MC-351) must be submitted on or before Friday, Janu...

Re: In Re Travis Yang Court Case No. 23CECG00027 Hearing Date: January 24, 2023 (Dept. 501) Motion: to Compromise the Minor’s Claim Tentative Ruling: To deny without prejudice. In the event that oral argument is requested, the minor is excused from appearing. In the event of a timely request for oral argument, such argument will be ...

Re: People of the State of California v. Agricultural Contracting Services Association, Inc. Superior Court Case No. 21CECG03487 Hearing Date: January 24, 2023 (Dept. 502) Motion: Defendants Omega Community Labor Union, dba Compass Pilot Trust, and Marcus Asay’s Demurrer to the Complaint Tentative Ruling: To overrule defendant Omega C...

Re: In Re: Skyrah Lee Court Case No. 23CECG00019 Hearing Date: January 24, 2023 (Dept. 503) Motion: To Compromise the Minor’s Claim Tentative Ruling: To deny without prejudice. In the event that oral argument is requested, the minor is excused from appearing. Explanation: The court is willing to approve the compromise, except for th...

Re: Cabrera v. California Correctional Health Care Services Superior Court Case No. 22CECG01012 Hearing Date: January 24, 2023 (Dept. 503) Motion: Defendants California Correctional Health Care Services, Toche, Bick, Gates, Cryer, Hinrichsen, and Tveritina’s Demurrer to Plaintiff’s Complaint Tentative Ruling: To sustain the demurrer o...

Re: Maisa Kurdi v. Frontline Construction Services Superior Court Case No. 22CECG01797 Hearing Date: January 19, 2023 (Dept. 501) Motion: Defendant Frontline Construction Services’ Demurrer to the Complaint Tentative Ruling: To take the demurrer off calendar for failure of the moving party to comply with Code of Civil Procedure sectio...

Re: Lara v. Wells Fargo Bank, N.A. Superior Court Case No. 22CECG01190 Hearing Date: January 19, 2023 (Dept. 503) Motion: Defendant’s Demurrer to the Complaint Tentative Ruling: To take off calendar as moot, due to plaintiff’s filing of a First Amended Complaint on January 10, 2023. (Sylmar Air Conditioning v. Pueblo Contracting Service...

Re: Maloney v. Limova Superior Court Case No. 20CECG02363 Hearing Date: January 19, 2023 (Dept. 403) Motion: By Respondent Chubb Group to Bifurcate Tentative Ruling: To deny, without prejudice. Explanation: “The court may, when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigatio...

Re: Fernando Sanchez v. Luis Rodriguez Superior Court Case No. 21CECG02982 Hearing Date: January 19, 2023 (Dept. 503) Motion: By Defendants to Expunge Lis Pendens Tentative Ruling: To deny. Explanation: “A lis pendens is a recorded document giving constructive notice that an action has been filed affecting title or right to possessi...

Re: In Re: Kevin Curiel Superior Court Case No. 22CECG04126 Hearing Date: January 19, 2023 (Dept. 502) Motion: Petition to Approve Compromise of Minor’s Claim Tentative Ruling: To grant. Orders signed. No appearances necessary. Explanation: Petitioner has now clarified the petition’s contradiction and has lodged the appropriate form...

Re: Goad v. County of Fresno Superior Court Case No. 20CECG02437 Hearing Date: January 19, 2023 (Dept. 501) Motion: Petition to Compromise Claim of Minor Tentative Ruling: To deny without prejudice. In the event that oral argument is requested minor is excused from appearing. In the event a timely request for oral argument is made, su...

Re: In Re: Gigi Novella Superior Court Case No. 22CECG04195 Hearing Date: January 19, 2023 (Dept. 502) Motion: Petition for Approval of Compromise of Claim of Minor Tentative Ruling: To grant. Orders signed, with revisions as noted below. No appearances necessary. Explanation: The court prefers to check the box on each order which a...

Re: GoFar Employment and Career Readiness Academy v. VOICE Superior Court Case No. 22CECG00939 Hearing Date: January 19, 2023 (Dept. 403) Motions: 1) Defendant Voice of Including Community Equitably (VOICE)’s Motion to Strike the Complaint 2) Defendant Voice of Including Community Equitably (VOICE)’s Demurrer to Complaint Tentative Ru...

Re: Maria Gonzalez De Negrete v. City of Fresno Superior Court Case No. 22CECG01665 Hearing Date: January 19, 2023 (Dept. 502) Motion: City of Fresno’s Demurrer Tentative Ruling: To sustain the demurrer to the first cause of action for premises liability with leave to amend. (Code. Civ. Proc. § 430.10, subd. (e).) To sustain the demurre...

Re: Koskiniemi v. Jennings Superior Court Case No. 21CECG03751 Hearing Date: January 19, 2023 (Dept. 501) Motion: (1) Demurrer by Defendants Next Green Wave LLC, Next Green Wave Holdings, Inc., NGW Holdings LLC and Crossgate Capital US Holdings Corp. (2) Demurrer by Defendant Michael Jennings Tentative Ruling: To sustain the demurre...

Re: Yagil Hertzberg v. Lorna Lopez Superior Court Case No. 21CECG00982 Hearing Date: January 19, 2023 (Dept. 503) Motion: By Defendant for Judgment on the Pleadings Tentative Ruling: To deny. Explanation: Defendant Lorna Lopez moves for judgment on the pleadings on the grounds that the First Amended Complaint (“FAC”) fails to state ...

Re: Chavez v. Highlands Energy Services Superior Court Case No. 19CECG01790 Hearing Date: January 19, 2023 (Dept. 501) Motion: by Defendant Highlands Diversified, Inc., for an Order Compelling Arbitration and Dismissing PAGA Representative Action Tentative Ruling: To deny the motion in all respects. (Code Civ. Proc. § 1281.2, et seq.)...

Re: Greci v. Pistoresi Superior Court Case No. 22CECG00637 Hearing Date: January 18, 2023 (Dept. 403) Motion: Defendant Ralph Pistoresi’s Demurrer and Motion to Strike the Complaint Tentative Ruling: To continue the motion to Wednesday, February 22, 2023, at 3:30 p.m. in Department 403, in order to allow the parties to meet and confer...

Re: Creditors Adjustment Bureau Inc. v. Gonzales Superior Court Case No. 22CECG01017 Hearing Date: January 18, 2023 (Dept. 501) Motion: by Defendant Demurring to the Complaint Tentative Ruling: To sustain the demurrer to the first, second, third and fourth causes of action with leave to amend. Plaintiff is granted 20 days’ leave to file...

Re: Kissing v. Gallegos Superior Court Case No. 22CECG00064 Hearing Date: January 18, 2023 (Dept. 403) Motion: by Plaintiff to Compel Responses to Form Interrogatories, set one, Special Interrogatories, set one, and Request for Production of Documents, set one Tentative Ruling: To grant plaintiff Sylvia Kissing’s motion to compel defe...

Re: Granite Mountain Charter School v. Yosemite Valley Charter School Superior Court Case No. 22CECG01468 Hearing Date: January 18, 2023 (Dept. 501) Motion: by Defendant Yosemite Valley Charter School for Demurrer Tentative Ruling: To sustain the demurrer based on failure to join necessary and indispensable parties and overrule the de...

Re: Kangas v. Stoneledge Furniture LLC et al. Superior Court Case No. 20CECG01142 Hearing Date: January 18, 2023 (Dept. 503) Motion: By Defendants to Bifurcate Punitive Damages Tentative Ruling: To grant. Trial shall be bifurcated as follows: should a jury find liability on any of the causes of action and liability for punitive damages,...

Re: Guadalupe A. Villagomez v. Leonel Villagomez Superior Court Case No. 22CECG00485 Hearing Date: January 18, 2023 (Dept. 502) Motion: by Defendants Leonel Villagomez and Stella Villagomez, and Non-party All Ag, Inc., to Quash Deposition Subpoena Tentative Ruling: To deny the motion to quash the deposition subpoena. To grant the altern...

Re: Lorena Caro v. Fresno American Indian Health Project Superior Court Case No. 21CECG01660 Hearing Date: January 18, 2023 (Dept. 502) Motion: Defendants’ Demurrer and Motion to Strike Portions of the First Amended Complaint Tentative Ruling: To sustain, with leave to amend, Bowman’s demurrer to the second cause of action for uncerta...

Re: CMG Construction Management Group, Inc. v. City of Fresno Superior Court Case No. 22CECG00271 Hearing Date: January 18, 2023 (Dept. 503) Motion: By Defendant County of Fresno to Expunge Lis Pendens and for Attorney’s Fees and Costs Tentative Ruling: To grant Defendant County of Fresno’s motion to expunge the lis pendens. (Code Civ...

Re: Pacific Service Credit Union v. Lancaster Superior Court Case No. 22CECG01367 Hearing Date: January 18, 2023 (Dept. 501) Motion: by Plaintiff to Strike Answer or, Alternatively, for Judgment on the Pleadings Tentative Ruling: To take off calendar as moot, due to defendant’s filing of a First Amended Answer on December 30, 2022. (C...

Re: Patricia Ford v. Shawn Deitz Superior Court Case No. 21CECG03486 Hearing Date: January 18, 2023 (Dept. 403) Motion: By Plaintiff for Summary Judgment Tentative Ruling: To take judicial notice of each document included in plaintiff’s request for judicial notice. (Evid. Code, § 452, subd. (d).) To invite further briefing on the issu...

Re: River Park Plaza, LP v. Fresno Irrigation District Superior Court Case No. 22CECG02722 Hearing Date: January 12, 2023 (Dept. 503) In the event oral argument is timely requested, it will be heard on January 13, 2023, at 9:00 a.m. in Dept. 503. Motions: Defendant’s Special Motion to Strike Plaintiff’s Complaint Under Anti-SLAPP Statut...

Re: Cheri-Lynn Wortham v. Turning Point of Central California, Inc. Superior Court Case No. 15CECG02618 Hearing Date: January 12, 2023 (Dept. 403) Motion: By Plaintiffs for Preliminary Approval of Class Settlement Tentative Ruling: To grant plaintiffs’ motion for preliminary approval of the class settlement. Moving counsel shall contact...

Re: Lavell Robinson v. Turning Point of Central California, Inc. Superior Court Case No. 14CECG03685 Hearing Date: January 12, 2023 (Dept. 403) Motion: By Plaintiff for Preliminary Approval of Class Settlement Tentative Ruling: To grant plaintiff’s motion for preliminary approval of the class settlement. Moving counsel shall contact the...

Re: Megan Zupancic v. Stephen Labiak Superior Court Case No. 19CECG04425 Hearing Date: January 11, 2023 (Dept. 403) Motions: Plaintiff’s Motions for an Order Deeming Requests to Admit Truth of Facts against Defendant Admitted; and Compelling Defendant’s Responses to (1) Form Interrogatories; (2) Request for Production of Documents; and ...

Re: Deere & Company v. Bath Superior Court Case No. 22CECG01021 Hearing Date: January 11, 2023 (Dept. 503) Motion: Plaintiff’s Application for Writ of Possession Tentative Ruling: To deny in light of the entry of default against defendants G.S. Bath, Inc. and Gurmej Singh Bath on August 26, 2022. Explanation: This motion requests a ...

Re: In re Vincent Michael Ramirez Superior Court Case No. 22CECG04111 In re Josiah Ramirez Superior Court Case No. 22CECG04112 Hearing Date: January 11, 2023 (Dept. 503) Motion: Petitions to Compromise Minors’ Claims Tentative Ruling: To grant the petitions to compromise the minors’ claims of Josiah Ramirez and Vincent Michael Ramir...

Re: Moore-Newton Quality Hardwoods Corp. v. Sandcastle Development Enterprises LLC Superior Court Case No. 22CECG00718 Hearing Date: January 11, 2023 (Dept. 501) Motion: by Defendant to Strike Tentative Ruling: To continue the motion to Tuesday, February 7, 2023, at 3:30 p.m. in Department 501, in order to allow the parties to meet an...

Re: F&H Pizza, Inc. v. HPC Hallmark Investors, LP Superior Court Case No. 22CECG01546 Hearing Date: January 11, 2023 (Dept. 403) Motion: By HPC Hallmark Investors, LP, for Summary Adjudication of Cross-Complaint Tentative Ruling: To deny. (Code Civ. Proc., § 437c, subd. (f).) Explanation: HPC Hallmark Investors, LP (“Landlord”) seek...

Re: Higuchi v. Zuniga Superior Court Case No. 22CECG01121 Hearing Date: January 11, 2023 (Dept. 503) Motion: By Defendant to Strike Portions of the Complaint Tentative Ruling: To deny. Explanation: Defendant moves to strike from the complaint allegations that she was driving under the influence, the prayer for punitive damages, and ...

Re: In re Kevin Curiel Superior Court Case No. 22CECG04126 Hearing Date: January 11, 2023 (Dept. 403) Motion: Petition to Approve Compromise of Minor’s Claim Tentative Ruling: To continue to Thursday, January 19, 2023, at 3:30 p.m. in Department 502 to allow petitioner to correct the contradiction in the petition. Petitioner must file a...