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

  • GREEN V. STATE OF CALIFORNIA

    Nov 30, 2020 |  Fresno County

    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...

  • CGA PROPERTY MANAGEMENT, INC. V. GENERAL MOTORS, LLC

    Nov 30, 2020 |  Fresno County

    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. P...

  • ROBILLARD V. FRESNO COMMUNITY HOSPITAL AND MEDICAL CENTER,ET AL.

    Nov 30, 2020 |  Fresno County

    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.”

  • MORENO V. SPHERION STAFFING, LLC

    Nov 30, 2020 |  Fresno County

    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 t...

  • CARDIOVASCULAR CONSULTANTS HEART CENTER, INC. V. JAVED

    Nov 18, 2020 |  Fresno County

    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 alle...

  • VOGT V. PORTER

    Nov 18, 2020 |  Fresno County

    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 D...

  • CESAR SOLORIO V. FRESNO COMMUNITY HOSPITAL AND MEDICAL CENTER

    Nov 17, 2020 |  Fresno County

    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)....

  • JAMES V. S&A CAPITAL PARTNERS, INC.

    Nov 17, 2020 |  Fresno County

    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. §...

  • BAGGA V. CITY NATIONAL BANK

    Nov 17, 2020 |  Fresno County

    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...

  • AGUILAR, ET AL V. RIOS, ET AL

    Nov 17, 2020 |  Fresno County

    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, r...

  • CALIFORNIA LABOR COMMISSIONER V. GREAT AMERICANINVESTMENTS, INC., ET AL.

    Nov 13, 2020 |  Fresno County

    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 accordan...

  • IN RE: 13641 THIRD STREET, PARLIER, CA 93648

    Nov 13, 2020 |  Fresno County

    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 necess...

  • ELECTION INTEGRITY PROJECT CALIFORNIA, INC. V. ORTH ET AL.

    Nov 13, 2020 |  Fresno County

    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 di...

  • BLANCO V. WRIGHT

    Nov 13, 2020 |  Fresno County

    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 Ci...

  • IN RE OSVALDO RODRIGUEZ ARIAS, A MINOR

    Nov 13, 2020 |  Fresno County

    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 tent...

  • IN RE HEATHER SILVA

    Nov 13, 2020 |  Fresno County

    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...

  • ERIKSSON, LLC V. LOVELAND PRODUCTS, INC.

    Nov 13, 2020 |  Fresno County

    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 adm...

  • HENKLE V. TOWER YOGA LLC

    Oct 28, 2020 |  Fresno County

    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, ...

  • LINLEY V. HORIZON HEALTH AND SUB-ACUTE, LLC

    Oct 28, 2020 |  Fresno County

    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...

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

    Oct 28, 2020 |  Fresno County

    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....

  • FLETCHER V. CABRERA

    Oct 27, 2020 |  Fresno County

    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...

  • BROWN V. BEVERLY HEALTHCARE-CALIFORNIA

    Oct 27, 2020 |  Fresno County

    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:

  • TOROSIAN V. THE WONDERFUL COMPANY

    Oct 26, 2020 |  Fresno County

    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 se...

  • CALDERON V. FOSTER FARMS, LLC

    Oct 26, 2020 |  Fresno County

    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 ...

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Recent Cases by Hon. Kristi Culver Kapetan

Recent Rulings by Hon. Kristi Culver Kapetan

  • GREEN V. STATE OF CALIFORNIA

    Nov 30, 2020 |  Fresno County

    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...

  • CGA PROPERTY MANAGEMENT, INC. V. GENERAL MOTORS, LLC

    Nov 30, 2020 |  Fresno County

    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. P...

  • ROBILLARD V. FRESNO COMMUNITY HOSPITAL AND MEDICAL CENTER,ET AL.

    Nov 30, 2020 |  Fresno County

    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.”

  • MORENO V. SPHERION STAFFING, LLC

    Nov 30, 2020 |  Fresno County

    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 t...

  • CARDIOVASCULAR CONSULTANTS HEART CENTER, INC. V. JAVED

    Nov 18, 2020 |  Fresno County

    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 alle...

  • VOGT V. PORTER

    Nov 18, 2020 |  Fresno County

    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 D...

  • CESAR SOLORIO V. FRESNO COMMUNITY HOSPITAL AND MEDICAL CENTER

    Nov 17, 2020 |  Fresno County

    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)....

  • JAMES V. S&A CAPITAL PARTNERS, INC.

    Nov 17, 2020 |  Fresno County

    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. §...

  • BAGGA V. CITY NATIONAL BANK

    Nov 17, 2020 |  Fresno County

    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...

  • AGUILAR, ET AL V. RIOS, ET AL

    Nov 17, 2020 |  Fresno County

    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, r...

  • CALIFORNIA LABOR COMMISSIONER V. GREAT AMERICANINVESTMENTS, INC., ET AL.

    Nov 13, 2020 |  Fresno County

    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 accordan...

  • IN RE: 13641 THIRD STREET, PARLIER, CA 93648

    Nov 13, 2020 |  Fresno County

    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 necess...

  • ELECTION INTEGRITY PROJECT CALIFORNIA, INC. V. ORTH ET AL.

    Nov 13, 2020 |  Fresno County

    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 di...

  • BLANCO V. WRIGHT

    Nov 13, 2020 |  Fresno County

    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 Ci...

  • IN RE OSVALDO RODRIGUEZ ARIAS, A MINOR

    Nov 13, 2020 |  Fresno County

    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 tent...

  • IN RE HEATHER SILVA

    Nov 13, 2020 |  Fresno County

    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...

  • ERIKSSON, LLC V. LOVELAND PRODUCTS, INC.

    Nov 13, 2020 |  Fresno County

    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 adm...

  • HENKLE V. TOWER YOGA LLC

    Oct 28, 2020 |  Fresno County

    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, ...

  • LINLEY V. HORIZON HEALTH AND SUB-ACUTE, LLC

    Oct 28, 2020 |  Fresno County

    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...

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

    Oct 28, 2020 |  Fresno County

    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....

  • FLETCHER V. CABRERA

    Oct 27, 2020 |  Fresno County

    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...

  • BROWN V. BEVERLY HEALTHCARE-CALIFORNIA

    Oct 27, 2020 |  Fresno County

    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:

  • TOROSIAN V. THE WONDERFUL COMPANY

    Oct 26, 2020 |  Fresno County

    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 se...

  • CALDERON V. FOSTER FARMS, LLC

    Oct 26, 2020 |  Fresno County

    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 ...

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