The Hon. Donald S. Black (Ret.) was a judge in the Superior Court of Fresno County in California. He was appointed in 1998 by former California Governor Pete Wilson. He successfully ran for re-election unopposed in 2012. Black retired from the bench in 2019.
He received an A.B. from Middlebury College in Vermont in 1976. He went on to earn a J.D. from Santa Clara University School of Law in 1980.
Black practiced as a partner at the law firm of McCormick, Barstow, Sheppard, Wayte, and Carruth from 1980 to 1998. During his tenure there, he specialized in business, real estate, and commercial litigation.
In 2003, he ruled against Clovis Unified School District in a lawsuit filed by parents and advocacy groups dismayed by the district’s inadequate program on sex education. Black stressed that the students' access to medically accurate sex education is “an important public right".
Petition: by J.G. Wentworth for approval of transfer of structured settlement payments
Tentative Ruling:
To deny.
Explanation:
The Court incorporates its ruling on June 4, 2019 herein. The hearing was continued from that date to permit the parties to provide further evidence to support ...
Motion: By Defendants to Quash in Part Subpoena to JP Morgan Chase
By Defendants to Quash in Part Subpoena to BBVA Compass Bank
Tentative Ruling:
To grant without prejudice to Plaintiffs’ right to either re-subpoena the records after depositions of the deponents’ custodians of records or re-...
Motion: By plaintiff for class certification and preliminary approval of class settlement
Tentative Ruling:
To deem the matter complex. To deny without prejudice.
Explanation:
1. Complex Designation
Plaintiff has already designated this as a complex case. Defendant did not file a c...
ALLYSON CHARLES V. JACQUELINE GOMEZ
Motion: Defendant Jacqueline Gomez’s Motion to Strike
Tentative Ruling:
To deny.
Explanation:
A motion to strike portions of a complaint must be filed within the time the defendant is given by law to respond to the complaint. (Code Civ. Proc., § 435, subd. (b)(1).) A defendant has 30 da...
HETAF AL SABER V. KULDIP BAGRI
Motion: Defendant Kuldip Bagri’s Motion for Attorney Fees and Costs
Tentative Ruling:
To grant the motion for attorney’s fees in the amount of $20,465.05. To award costs and expenses of $965.11.
Explanation:
Attorney Fees
While the fee awards should be fully compensatory, the trial...
Motion: Demurrer of City of Fresno and Scott Mozier to First Amended
Complaint
Tentative Ruling:
To order the demurrer off calendar for failure of moving party to properly comply with the meet and confer requirements of Code of Civil Procedure section 430.41. The court grants defendant twent...
BAHRAM SHIRALIAN V. JON TORRENCE
Motion: Plaintiff’s motion for leave to amend to file first amended complaint Tentative Ruling:
To grant, with plaintiff 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 allegation...
4308 SLAUSON AVE. V. QC FINANCIAL SVS.
Motions: I. Plaintiff’s Motion for Summary Judgment or Adjudication
II. Defendant QC Financial’s Motion for Summary Judgement or
Adjudication
Tentative Ruling:
To deny all motions.
Explanation:
The parties agree that the resolution of both motions hinges on the interpretation ...
MCMULLIN AREA GROUNDWATER SUSTAINABILITY AGENCY V. ALL PERSONSINTERESTED
Motion: OSC by Court as to why default should not be vacated
Tentative Ruling:
To vacate default and order immediate mailing of summons with revised
response date.
Explanation:
Code of Civil Procedure section 861 has not been amended since 1961, when it was first added to the statu...
Motion: By Demurrer to the Third Amended Complaint.
Tentative Ruling:
To sustain with leave to amend. Plaintiff shall have ten (10) court days in which to file a Fourth Amended Complaint which includes factual allegations supporting her claim for delayed discovery of the breach of contract claims...
POLARIS CONCRETE, INC. V. SIRA
Motion: Unopposed Motion to Disqualify Counsel
Tentative Ruling:
To grant the motion to disqualify Douglas V. Thornton and Thornton Law Group, P.C. as counsel for plaintiff Polaris Concrete, Inc. in this action.
Explanation:
Mr. Thornton represents Polaris Concrete, Inc. in this action,...
RODRIGUES V. SAVE MART SUPERMARKETS, ET AL.
Motions: Demurrer; motion to strike
Tentative Ruling:
To sustain Defendant Save Mart’s special demurrer to Plaintiffs first, second, third, and fourth causes of action. Leave to amend is granted, but limited to alleging the four claims that Plaintiff inadvertently omitted from the second amended ...
THOMAS MILLER V. MISHELLE FISHER
Motion: Motion to quash and for sanctions related thereto, by cross-
complainants: Mishelle Fisher, Michelle Bentley, and Catrina Owens
Tentative Ruling:
To grant. To deny all requests for sanctions.
Explanation:
The seminal case on the issue before this court is the California Sup...
ROSALES V. LIDESTRI FOODS, INC.
Motion: Defendant’s Motion for Summary Judgment / Adjudication
Tentative Ruling:
To deny summary judgment. (Code Civ. Proc. § 437c(c).) To grant summary adjudication of count 2 only. (Code Civ. Proc. § 437c(f).)
Explanation:
In this action plaintiff Luis Rosales alleges a single cause o...
MORA V. VALLEY CHILDREN’S HOSPITAL
Motion: Defendants’ Motion for Transfer of Venue
Tentative Ruling:
To grant the motion to transfer venue to Madera County. (Code Civ. Proc., § 397, subd. (a); Gov. Code § 12965, subd. (b).) Plaintiff is ordered to pay the costs and fees of transferring the action within 30 days after service of n...
BRE SSP PROPERTY OWNER LLC V. DONAGHY, ET AL.
Motion: Cross-Defendant BRE SSP’s special motion to strike
Tentative Ruling:
To grant Cross-Defendant BRE SSP’s special motion to strike the first and second causes of action in the cross-complaint. (Code of Civ. Proc. §425.16.) Explanation:
Special motion to strike
A special motion to ...
Motion: Default Hearing
Tentative Ruling:
To deny without prejudice.
Explanation:
Before default judgment can be obtained the defendant’s default must be entered. The request for default judgment filed on August 13, 2018 was denied because line #1.a was incorrect.
Also see Local Ru...
SIMPSON V. FRESNO WESTWOOD BLUFFS, LLC
Motion: Plaintiff’s Motion for Preference and to Advance Trial Date
Tentative Ruling:
To grant the motion for preferential trial date. (Code Civ. Proc. § 36.) To vacate the current trial, trial readiness, and mandatory settlement conference dates and to set the matter for trial within 120 days of...
OLAM FARMING, INC. V. ARBOR GROVE NURSERY, INC.
Motion: Defendants’ motion to set aside default entered 6/22/17 and
default judgment entered 9/22/17
Tentative Ruling:
To grant plaintiff’s request for a continuance to conduct discovery limited to the issue of whether personal jurisdiction exists over defendants. The hearing on defendants’ ...
STEARNS V. CLAWSON MOTORSPORTS, ET AL.
Motion: By Counsel for Plaintiffs to be Relieved as Counsel.
Tentative Ruling:
To deny without prejudice.
Explanation:
On February 7, 2019, this Court set a hearing on this matter for February 28, 2019, pursuant to an ex parte application filed by counsel for Plaintiff. Notice of the ru...
Motion: Petition to Compromise Minor’s Claim
Tentative Ruling:
To grant. Orders signed. Hearing off calendar.
Pursuant to California Rules of Court, rule 3.1312 and Code of Civil Procedure section 1019.5(a), no further written order is necessary. The minute order adopting this tentative ruli...
IN RE AARON CUTTLETT HUTSELL, JR.
Motion: Petition to Compromise Minor’s Claim
Tentative Ruling:
To grant. Orders signed. Hearing off calendar.
Pursuant to California Rules of Court, rule 3.1312 and Code of Civil Procedure section 1019.5(a), no further written order is necessary. The minute order adopting this tentative ruli...
CITY OF FRESNO V. ANGELINA CONSUELO BRADLEY
Motion: Petitioner City of Fresno’s Motion for Order to Abate
Substandard Building and Appoint a Receiver
Tentative Ruling:
To grant the City’s motion for an order to abate substandard building and appoint a receiver. (Health & Saf. Code §§ 17980.6, 17980.7.)
Explanation:
Under Hea...
SANDUSKY V. INTEGRYS RESIDENTIAL SOLAR, LLC, ET AL.
Motion: Plaintiff’s Motion for Trial Preference
Tentative Ruling:
To grant. If the parties do not call and request a hearing, the trial date shall be June 24, 2019, the Trial Readiness Conference shall be June 21, 2019, and the Mandatory Settlement conference shall be June 6, 2019.
Explanati...
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