The Honorable Kristi Culver Kapetan

Fresno County Superior Court, Department 54

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Biography

The Hon. Kristi Culver Kapetan is a judge on the Superior Court of Fresno County in California. In 2007 she was appointed by former California Governor Arnold Schwarzenegger to fill a newly created seat.

Judge Kapetan got her B.A. from California State University, Chico. She received her J.D. from the University of the Pacific, McGeorge School of Law.

Prior to her appointment to the bench, she worked as an associate for Sagaser Franson and Jones. In 2001 she became a staff attorney for the United States District Court, Eastern District. In 2003 she joined the United States Attorney's Office in Fresno County, California as an Assistant U.S. attorney.

Kapetan is a Democrat.

Recent Rulings by Hon. Kristi Culver Kapetan

  • STARKS V. BABIAN ET AL.

    Aug 11, 2020 |  Fresno County

    Motion: Avo Babian’s Motion to Strike, Demurrer, and Motion to Quash
    Tentative Ruling:
    To take all three motions off calendar as explained below.
    Explanation:
    Demurrer and Motion to Strike
    Before filing a demurrer or motion to strike, the moving party “shall meet and confer in pers...

  • GRUPO COMUNITARIO DE SAN MIGUEL CUEVAS V. HARMONYCOMMUNITIES, INC.

    Aug 11, 2020 |  Fresno County

    Motion: Defendants’ demurrer to the first amended complaint and
    motion to strike portions of the first amended complaint
    Tentative Ruling:
    To take off calendar. The plaintiff’s request to file a second amended complaint is granted. Plaintiffs shall serve and file the second amended complaint...

  • IN RE ARIA GABRIEL

    Aug 11, 2020 |  Fresno County

    Motion: Petition to Compromise a Minor’s Claim
    Tentative Ruling:
    The Court is inclined to grant the Petition to Compromise a Disputed Claim. However, there are several problems with the proposed Order Approving Compromise. If all of the problems with the proposed Order were corrected, the propose...

  • MARTINEZ V. FARMER BOYS FOOD, INC.

    Aug 11, 2020 |  Fresno County

    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(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order adopting t...

  • HERINGTON ET AL. V. BD. OF TRUSTEES OF CAL. STATE UNIVERSITY, ET AL.

    Aug 10, 2020 |  Fresno County

    Motion: Defendant American Nurses Credentialing Center, Inc.’s
    Motion to Strike, Demurrer
    Tentative Ruling:
    To grant the motion to strike the First Amended Complaint’s (“FAC”) second cause of action, as to the class claims only, and the third cause of action, without leave to amend. To deny ...

  • DE SANTIS V. VALENCIA

    Aug 07, 2020 |  Fresno County

    Motion: By Plaintiff De Santis for Default Judgment
    Tentative Ruling:
    To deny the application for quiet title default judgment, without prejudice, as plaintiff has not yet defaulted all named defendants.
    Explanation:
    Plaintiff has not yet taken the default of defendant DiBuduo, so the c...

  • DOMINGUEZ ET AL. V. HOLADAY ET AL.

    Aug 07, 2020 |  Fresno County

    Motion: Petition to Compromise Minor’s Claim
    Tentative Ruling:
    To deny without prejudice.
    Explanation:
    While the settlement amount and allocation between plaintiffs appears fair and reasonable, the court has two concerns.
    First, petitioner’s attorneys seek $21,666.67 in attorneys’ ...

  • GANNON V. PAULINE

    Aug 07, 2020 |  Fresno County

    Motion: By Plaintiff Kimberly Gannon for Default Judgment
    Tentative Ruling:
    To grant plaintiff’s motion for default judgment in the amount of $93,000 against defendants Joseph Pauline and Jonah Pauline, dba The Laundry Room. (Code Civ. Proc. § 585.) To grant prejudgment interest in the amount of ...

  • DOUGLAS V. PARK WEST APTS LP

    Aug 07, 2020 |  Fresno County

    Motion: Motion to Strike
    Tentative Ruling:
    To take off calendar due to failure to comply with Code of Civil Procedure section 435.5.
    Explanation:
    Before filing a motion to strike, Code of Civil Procedure section 435.5, subdivision (a), requires the moving party to meet and confer in per...

  • WILLIAMS ET AL. V. BREWER ET AL.

    Aug 05, 2020 |  Fresno County

    Motion: (1) Plaintiffs’ Motion to Compel Further Responses to Special
    Interrogatories, Document Demands and Requests for
    Admissions from Keith Ross
    (2) State Farm General Insurance Company’s Motion to
    Compel Psychological Records
    Tentative Ruling:
    (1) Plaintiffs’ Motion to Com...

  • GOMEZ V. CSAA INSURANCE EXCHANGE

    Aug 03, 2020 |  Fresno County

    Motion: by plaintiff to compel further responses to request for documents, Set No. 1.
    Tentative Ruling:
    To deny.
    Explanation:
    Fresno Superior Court Local Rules, Rule 2.1.17.A. states, in the pertinent part: “[N]o motion under sections 2016.010 through 2036.050, inclusive, of
    the Ca...

  • WATERMAN LAW, PC V. TRYK LAW, P.C.

    Aug 03, 2020 |  Fresno County

    Motions: Defendants’ demurrer to the complaint
    Tentative Ruling:
    To take off calendar due to the timely filing of a First Amended Complaint on July 21, 2020.
    Explanation:
    Code of Civil Procedure section 472 grants a defendant the right to file an amended complaint in response to a demur...

  • AMERICAN EXPRESS BANK V. HATCHER

    Jul 30, 2020 |  Fresno County

    Motion: By Plaintiff American Express Bank, Successor by Merger to American Express Bank, FSB, for Deemed Admissions Against Defendant
    Dentaform Corporation.
    Tentative Ruling:
    To grant the motion to deem Requests for Admissions, Set One, admitted. The truth of the matters specified in Plaint...

  • GRUPO COMUNITARIO DE SAN MIGUEL CUEVAS V. HARMONYCOMMUNITIES, INC.

    Jul 30, 2020 |  Fresno County

    Motion: By Plaintiff for preliminary injunction
    Tentative Ruling:
    To deny, without prejudice.
    Explanation:
    Preliminarily, an association of tenants residing in a mobile home park have standing to bring suit against the property owners. (see Tenants Assn. of Park Santa Anita v. Southers ...

  • MILTON PACE V. YORK PISTACHIO RANCH, LLC

    Jul 30, 2020 |  Fresno County

    Consolidated cases:
    Court Case No. 18CECG03766 [lead case]
    Motion: by Cross-Defendant Prosperity Farms’ Motion for an Order
    Awarding Attorney Fees
    Tentative Ruling:
    To grant in the amount requested ($24,253.84).
    Explanation:
    Lodestar Fees
    Preliminarily, “any SLAPP de...

  • DOMINGUEZ ET AL. V. HOLADAY, ET AL.

    Jul 30, 2020 |  Fresno County

    Motion: by Carol Holaday for Determination of Good Faith
    Settlement
    Tentative Ruling:
    To grant. (Code Civ. Proc. § 877, et seq.)
    Explanation:
    Under Code of Civil Procedure section 877.6, “Any party to an action in which it is alleged that two or more parties are joint tortfeasors o...

  • HOLDEN V. MR. COOPER MORTGAGE CO.

    Jul 30, 2020 |  Fresno County

    Motion: Defendants Nationstar Mortgage, U.S. Bank, and Mortgage
    Electronic Registration Systems’ Motion for Judgment on the
    Pleadings
    Tentative Ruling:
    To take the defendants’ motion for judgment on the pleadings off calendar, for failure to show that defense counsel attempted to meet a...

  • VOGT V. PORTER

    Jul 27, 2020 |  Fresno County

    Motion: Demurrer to the Complaint
    Tentative Ruling:
    To take off calendar for failure to comply with Code of Civil Procedure Section 430.41, subdivision (a). The parties are ordered to meet and confer as set forth in the statute and, if needed, schedule a new hearing date for the demurrer.
    Ex...

  • CASTANEDA ENGINEERING, INC. V. FAGERMAN TECHNOLOGIES, INC.

    Jul 27, 2020 |  Fresno County

    Motion: By Defendant for Reconsideration
    Tentative Ruling:
    To deny.
    Explanation:
    A party seeking reconsideration must provide a satisfactory explanation for the failure to produce the evidence or information at an earlier time. (Garcia v. Hejmadi (1997) 58 Cal.App.4th 674, 689; New York...

  • MENDOZA V. LEON

    Jul 27, 2020 |  Fresno County

    Motion: Demurrer to the First Amended Complaint
    Tentative Ruling:
    To take off calendar in light of the filing of the Second Amended Complaint on March 12, 2020. (Foreman & Clark Corp. v. Fallon (1971) 3 Cal.3d 875, 884 [“It is well established that an amendatory pleading supersedes the original o...

  • BOURDASE V. COUNTY OF FRESNO

    Jul 27, 2020 |  Fresno County

    Motion: By Court, On Its Own Motion, to Reclassify Case
    Tentative Ruling:
    To grant the motion to reclassify the case as a small claims matter. (Civ. Code. §§ 116.220(a)(1), 116.221; Code Civ. Proc. § 403.040(a).)
    Explanation:
    The court previously sustained the County’s demurrer to plain...

  • FRI POUTINERIE V. COMM 2006-C8 SHAW AVENUE CLOVIS, LLC(AND RELATED CROSS-ACTIONS)

    Jul 21, 2020 |  Fresno County

    Motion: By Cross-Defendants Abdolreza Ghafari and Fereidoon
    Ghiassi to Set Aside Defaults and Default Judgments
    Tentative Ruling:
    To grant and sign the order presented by cross-defendants, with cross-defendants granted 15 days’ leave to file their responsive pleading to the cross-complaint. ...

  • PATTERSON V. CLOVIS COMMUNITY MEDICAL CENTER

    Jul 20, 2020 |  Fresno County

    Motion: By Defendant Clovis Community Medical Center for Summary
    Judgment
    Tentative Ruling:
    To deny defendant Clovis Community Medical Center’s motion for summary judgment. (Code Civ. Proc. § 437c.)
    Explanation:
    “The standard of care in a medical malpractice case requires that phys...

  • BOYD V. J.H. BOYD ENTERPRISES, INC., ET AL.

    Jul 20, 2020 |  Fresno County

    Consolidated with
    J.H. Boyd Enterprises, Inc. v. Boyd et al.
    Case No. 15CECG00915 (lead case)
    Motion: J.H. Boyd Enterprises, Inc.’s Motion for (1) Fair Value
    Determination; (2) Deficiency Judgment; and (3) Order
    Permitting Submission of Proposed Judgments Against
    Personal Sure...

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Recent Rulings by Hon. Kristi Culver Kapetan

  • STARKS V. BABIAN ET AL.

    Aug 11, 2020 |  Fresno County

    Motion: Avo Babian’s Motion to Strike, Demurrer, and Motion to Quash
    Tentative Ruling:
    To take all three motions off calendar as explained below.
    Explanation:
    Demurrer and Motion to Strike
    Before filing a demurrer or motion to strike, the moving party “shall meet and confer in pers...

  • GRUPO COMUNITARIO DE SAN MIGUEL CUEVAS V. HARMONYCOMMUNITIES, INC.

    Aug 11, 2020 |  Fresno County

    Motion: Defendants’ demurrer to the first amended complaint and
    motion to strike portions of the first amended complaint
    Tentative Ruling:
    To take off calendar. The plaintiff’s request to file a second amended complaint is granted. Plaintiffs shall serve and file the second amended complaint...

  • IN RE ARIA GABRIEL

    Aug 11, 2020 |  Fresno County

    Motion: Petition to Compromise a Minor’s Claim
    Tentative Ruling:
    The Court is inclined to grant the Petition to Compromise a Disputed Claim. However, there are several problems with the proposed Order Approving Compromise. If all of the problems with the proposed Order were corrected, the propose...

  • MARTINEZ V. FARMER BOYS FOOD, INC.

    Aug 11, 2020 |  Fresno County

    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(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order adopting t...

  • HERINGTON ET AL. V. BD. OF TRUSTEES OF CAL. STATE UNIVERSITY, ET AL.

    Aug 10, 2020 |  Fresno County

    Motion: Defendant American Nurses Credentialing Center, Inc.’s
    Motion to Strike, Demurrer
    Tentative Ruling:
    To grant the motion to strike the First Amended Complaint’s (“FAC”) second cause of action, as to the class claims only, and the third cause of action, without leave to amend. To deny ...

  • DE SANTIS V. VALENCIA

    Aug 07, 2020 |  Fresno County

    Motion: By Plaintiff De Santis for Default Judgment
    Tentative Ruling:
    To deny the application for quiet title default judgment, without prejudice, as plaintiff has not yet defaulted all named defendants.
    Explanation:
    Plaintiff has not yet taken the default of defendant DiBuduo, so the c...

  • DOMINGUEZ ET AL. V. HOLADAY ET AL.

    Aug 07, 2020 |  Fresno County

    Motion: Petition to Compromise Minor’s Claim
    Tentative Ruling:
    To deny without prejudice.
    Explanation:
    While the settlement amount and allocation between plaintiffs appears fair and reasonable, the court has two concerns.
    First, petitioner’s attorneys seek $21,666.67 in attorneys’ ...

  • GANNON V. PAULINE

    Aug 07, 2020 |  Fresno County

    Motion: By Plaintiff Kimberly Gannon for Default Judgment
    Tentative Ruling:
    To grant plaintiff’s motion for default judgment in the amount of $93,000 against defendants Joseph Pauline and Jonah Pauline, dba The Laundry Room. (Code Civ. Proc. § 585.) To grant prejudgment interest in the amount of ...

  • DOUGLAS V. PARK WEST APTS LP

    Aug 07, 2020 |  Fresno County

    Motion: Motion to Strike
    Tentative Ruling:
    To take off calendar due to failure to comply with Code of Civil Procedure section 435.5.
    Explanation:
    Before filing a motion to strike, Code of Civil Procedure section 435.5, subdivision (a), requires the moving party to meet and confer in per...

  • WILLIAMS ET AL. V. BREWER ET AL.

    Aug 05, 2020 |  Fresno County

    Motion: (1) Plaintiffs’ Motion to Compel Further Responses to Special
    Interrogatories, Document Demands and Requests for
    Admissions from Keith Ross
    (2) State Farm General Insurance Company’s Motion to
    Compel Psychological Records
    Tentative Ruling:
    (1) Plaintiffs’ Motion to Com...

  • GOMEZ V. CSAA INSURANCE EXCHANGE

    Aug 03, 2020 |  Fresno County

    Motion: by plaintiff to compel further responses to request for documents, Set No. 1.
    Tentative Ruling:
    To deny.
    Explanation:
    Fresno Superior Court Local Rules, Rule 2.1.17.A. states, in the pertinent part: “[N]o motion under sections 2016.010 through 2036.050, inclusive, of
    the Ca...

  • WATERMAN LAW, PC V. TRYK LAW, P.C.

    Aug 03, 2020 |  Fresno County

    Motions: Defendants’ demurrer to the complaint
    Tentative Ruling:
    To take off calendar due to the timely filing of a First Amended Complaint on July 21, 2020.
    Explanation:
    Code of Civil Procedure section 472 grants a defendant the right to file an amended complaint in response to a demur...

  • AMERICAN EXPRESS BANK V. HATCHER

    Jul 30, 2020 |  Fresno County

    Motion: By Plaintiff American Express Bank, Successor by Merger to American Express Bank, FSB, for Deemed Admissions Against Defendant
    Dentaform Corporation.
    Tentative Ruling:
    To grant the motion to deem Requests for Admissions, Set One, admitted. The truth of the matters specified in Plaint...

  • GRUPO COMUNITARIO DE SAN MIGUEL CUEVAS V. HARMONYCOMMUNITIES, INC.

    Jul 30, 2020 |  Fresno County

    Motion: By Plaintiff for preliminary injunction
    Tentative Ruling:
    To deny, without prejudice.
    Explanation:
    Preliminarily, an association of tenants residing in a mobile home park have standing to bring suit against the property owners. (see Tenants Assn. of Park Santa Anita v. Southers ...

  • MILTON PACE V. YORK PISTACHIO RANCH, LLC

    Jul 30, 2020 |  Fresno County

    Consolidated cases:
    Court Case No. 18CECG03766 [lead case]
    Motion: by Cross-Defendant Prosperity Farms’ Motion for an Order
    Awarding Attorney Fees
    Tentative Ruling:
    To grant in the amount requested ($24,253.84).
    Explanation:
    Lodestar Fees
    Preliminarily, “any SLAPP de...

  • DOMINGUEZ ET AL. V. HOLADAY, ET AL.

    Jul 30, 2020 |  Fresno County

    Motion: by Carol Holaday for Determination of Good Faith
    Settlement
    Tentative Ruling:
    To grant. (Code Civ. Proc. § 877, et seq.)
    Explanation:
    Under Code of Civil Procedure section 877.6, “Any party to an action in which it is alleged that two or more parties are joint tortfeasors o...

  • HOLDEN V. MR. COOPER MORTGAGE CO.

    Jul 30, 2020 |  Fresno County

    Motion: Defendants Nationstar Mortgage, U.S. Bank, and Mortgage
    Electronic Registration Systems’ Motion for Judgment on the
    Pleadings
    Tentative Ruling:
    To take the defendants’ motion for judgment on the pleadings off calendar, for failure to show that defense counsel attempted to meet a...

  • VOGT V. PORTER

    Jul 27, 2020 |  Fresno County

    Motion: Demurrer to the Complaint
    Tentative Ruling:
    To take off calendar for failure to comply with Code of Civil Procedure Section 430.41, subdivision (a). The parties are ordered to meet and confer as set forth in the statute and, if needed, schedule a new hearing date for the demurrer.
    Ex...

  • CASTANEDA ENGINEERING, INC. V. FAGERMAN TECHNOLOGIES, INC.

    Jul 27, 2020 |  Fresno County

    Motion: By Defendant for Reconsideration
    Tentative Ruling:
    To deny.
    Explanation:
    A party seeking reconsideration must provide a satisfactory explanation for the failure to produce the evidence or information at an earlier time. (Garcia v. Hejmadi (1997) 58 Cal.App.4th 674, 689; New York...

  • MENDOZA V. LEON

    Jul 27, 2020 |  Fresno County

    Motion: Demurrer to the First Amended Complaint
    Tentative Ruling:
    To take off calendar in light of the filing of the Second Amended Complaint on March 12, 2020. (Foreman & Clark Corp. v. Fallon (1971) 3 Cal.3d 875, 884 [“It is well established that an amendatory pleading supersedes the original o...

  • BOURDASE V. COUNTY OF FRESNO

    Jul 27, 2020 |  Fresno County

    Motion: By Court, On Its Own Motion, to Reclassify Case
    Tentative Ruling:
    To grant the motion to reclassify the case as a small claims matter. (Civ. Code. §§ 116.220(a)(1), 116.221; Code Civ. Proc. § 403.040(a).)
    Explanation:
    The court previously sustained the County’s demurrer to plain...

  • FRI POUTINERIE V. COMM 2006-C8 SHAW AVENUE CLOVIS, LLC(AND RELATED CROSS-ACTIONS)

    Jul 21, 2020 |  Fresno County

    Motion: By Cross-Defendants Abdolreza Ghafari and Fereidoon
    Ghiassi to Set Aside Defaults and Default Judgments
    Tentative Ruling:
    To grant and sign the order presented by cross-defendants, with cross-defendants granted 15 days’ leave to file their responsive pleading to the cross-complaint. ...

  • PATTERSON V. CLOVIS COMMUNITY MEDICAL CENTER

    Jul 20, 2020 |  Fresno County

    Motion: By Defendant Clovis Community Medical Center for Summary
    Judgment
    Tentative Ruling:
    To deny defendant Clovis Community Medical Center’s motion for summary judgment. (Code Civ. Proc. § 437c.)
    Explanation:
    “The standard of care in a medical malpractice case requires that phys...

  • BOYD V. J.H. BOYD ENTERPRISES, INC., ET AL.

    Jul 20, 2020 |  Fresno County

    Consolidated with
    J.H. Boyd Enterprises, Inc. v. Boyd et al.
    Case No. 15CECG00915 (lead case)
    Motion: J.H. Boyd Enterprises, Inc.’s Motion for (1) Fair Value
    Determination; (2) Deficiency Judgment; and (3) Order
    Permitting Submission of Proposed Judgments Against
    Personal Sure...

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