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2023.02.02 Motion for Preliminary Approval of Class Action Settlement 073
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.02.02
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.02.02
Excerpt: ...n before it can grant preliminary approval of the proposed settlement. An agreement of the parties is not sufficient to establish a class for settlement purposes. There must be an independent assessment by a neutral court of evidence showing that a class action is proper. (Luckey v. Superior Court (2014) 228 Cal. App. 4th 81 (rev. denied); see also Newberg, Newberg on Class Actions (T.R. Westlaw, 2017) Section 7:3: “The parties' representation ...
2023.01.19 Motion to Strike, Demurrer 939
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.01.19
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.01.19
Excerpt: ...ended Complaint by plaintiff be filed by an attorney licensed to practice law in California. Plaintiff is granted 30 days' leave to a First Amended Complaint within the limitations above. The time in which the answer can be filed will run from service by the clerk of the minute order. To grant the Request for Judicial Notice Explanation: 1. Demurrer based on Res judicata Because there has already been Small Claims litigation and a judgment betwee...
2023.01.19 Motion to Bifurcate 363
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.01.19
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.01.19
Excerpt: ...precede the trial of any other issue or any part thereof in the case….” (Code Civ. Proc., § 598.) Similarly, Code of Civil Procedure section 1048 provides that “[t]he court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action…or of any separate issue or of any number of causes of action or issues.” (Code Civ. Proc., �...
2023.01.18 Motion to Compel Responses, Production of Docs 064
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.01.18
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.01.18
Excerpt: .... Defendant Rudy Holguin is ordered to serve verified responses, without objections, to plaintiff Sylvia Kissing's Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One, no later than 20 days from the date of this order, with time to run from the service of this minute order by the clerk. To impose monetary sanctions in favor of plaintiff Sylvia Kissing, and against defendant Rudy Holgui...
2023.01.18 Demurrer, Motion to Strike Complaint 637
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.01.18
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.01.18
Excerpt: ...t does not resolve the issues, defense counsel shall file a declaration, on or before February 10, 2023, stating the efforts made. Explanation: Defendant did not satisfy the requirement to meet and confer prior to filing the demurrer and motion to strike. Code of Civil Procedure sections 430.41 and 435.5 make it very clear that meet and confer must be conducted “in person or by telephone.” (Id., subd. (a) as to both.) Sending written communic...