Judge Alan M. Simpson: Comprehensive Profile - Analytics, Rulings, and Recent Cases

Motion: Defendants’ Motion to Quash Plaintiffs’ Deposition
Subpoena for Production of Business Records to Status
Solutions
Tentative Ruling:
To deny defendants’ motion to quash the entire deposition subpoena. (Code Civ. Proc. § 1987.1) To grant an order limiting the scope of the subpoena to onl...

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 ruling wil...

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 ruling wil...

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 ruling wil...

Motion: Plaintiff’s Motion to Compel Quash Subpoena
Tentative Ruling:
To grant and quash the subpoena directed at Dry Creek Medical Group, and impose $1,738.75 in monetary sanctions against SCCCD and in favor of plaintiff, to be paid to plaintiff’s counsel within 30 days of service of the order by th...

Motion: Attorney’s fees
Tentative Ruling:
To grant Petitioner City of Fresno’s motion for attorney’s fees, but in the reduced amount of $4,767.00. (Health & Saf. Code §17980.7(c)(11), (d)(1).) Respondents are ordered to pay $4,767.00 to Petitioner within 30 days of the clerk’s mailing of the minute o...

Motion: By plaintiffs for award of fees and costs
Tentative Ruling:
To grant attorney fees of $18,540.00 and costs of $2,327.27.
Explanation:
1. Attorneys’ Fees and Costs
a. General Standards
The fees sought here are pursuant to the April 25, 2019 acceptance of the Code of Civil Procedure...

Motion: Motion for Summary Judgment by Defendants Tricia Loo,
M.D. and Jordan Beshore, D.O.
Tentative Ruling:
To grant. (Code Civ. Proc. § 437c(c).) Moving parties are directed to submit to this court, within five (5) court days of service of the minute order, a proposed judgment consistent with t...

Motion: Petition to Compromise Claim of a Disabled Adult
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 ...

Motion: (1) Cross-Defendants’ Motion to Amend Judgment
(2) Cross-Defendants’ Motion for Order Authorizing
Indemnification of Cross-Defendants
(3) JHBE’s Motion for Attorneys’ Fees Re Indemnification of
Individual Cross-Defendants
(4) Lizbeth Boyd’s Motion to Tax Costs
Tentative Ruling:

Motion: By Plaintiff for Protective Order and for Sanctions.
Tentative Ruling:
To continue the motion for a protective order to Wednesday, February 28, 2018 at 3:30 p.m. in Department 503.
The parties are to meet and confer regarding the scope and language of a protective order in the next five (5...

In the event oral argument is requested it will held on Wednesday,
February 21, 2018 at 3:30 in Dept. 503
Motion: Petition to Compromise Minor’s Claim
Tentative Ruling:
To grant. Order signed. Hearing off calendar.
Pursuant to California Rules of Court, rule 3.1312 and Code of Civil Procedur...

Motion: Defendants’ Demurrer
Tentative Ruling:
To Order the demurrer off calendar for failure to comply with Code of Civil Procedure section 430.41.
Explanation:
Before filing a demurrer, the demurring party must meet and confer in person or by telephone with the party that filed the pleading w...

Motion: Plaintiff’s Unopposed Motion for Approval of Labor Code
Private Attorneys General Act of 2004 Settlement
Tentative Ruling:
To deny the plaintiff’s motion to approve the PAGA settlement, without prejudice.
Explanation:
1. Introduction
Labor Code section 2699, subdivision (a), the P...

Motions: Defendant Agate Holding’s demurrer to First Amended Complaint; Defendant Paramount Home’s demurrer to First Amended
Complaint
Tentative Ruling:
To overrule Defendant Agate Holding’s special demurrer; to sustain, with leave to amend, the general demurrer regarding Plaintiff Michelle’s stan...

Motion: Summary judgment
Tentative Ruling:
To deny Defendants Cherry Avenue Auction, Inc.; W.D. & M.S. Mitchell Family Limited Partnership; and Kinsman Enterprises, LLC’s motion for summary judgment. (Code Civ. Proc. §437c(c).)
Explanation:
Summary judgment “is a drastic procedure to be used sp...

Motion: St. Agnes Medical Center’s Demurrer to Third Amended
Complaint
Chaudhry Defendants’ Demurrer and Motion to Strike Third
Amended Complaint
Tentative Ruling:
To St. Agnes Medical Center’s (“SAMC”) demurrer to the sixth, seventh and eighth causes of action, without leave to amend. To ov...

Motion: Defendant’s Motion to Transfer Venue
Tentative Ruling:
To grant defendant’s motion to transfer venue to Los Angeles County. (Code Civ. Proc. §§ 395, subd. (a); 396, subd. (a).)
Explanation:
Defendant contends that a change of venue is required because, although plaintiff has stated seve...

Motion: By Plaintiff for summary judgment, or in the
alternative, summary adjudication
Tentative Ruling:
To deny the motion in its entirety. The Plaintiff has not met its burden of proof pursuant to CCP § 437c(p)(2). A triable issue of material fact exists as to the amount owed. See Exhibit A atta...

Motion: Defendant Fidelity National Title’s Motion for Attorney’s Fees Award Against Plaintiff Paul Torba
Tentative Ruling:
To deny the defendant’s motion for attorney’s fees, without prejudice, for failure to provide sufficient evidence to support the requested amount of fees. Explanation:
While ...

Motion: Demurrer to Cross-Complaint
Tentative Ruling:
To sustain without leave to amend. (Code Civ. Proc. § 430.10(e).)
NOTE: In the event that oral argument is requested, it will be heard February 8, 2018 at 3:30pm in Department 503.
Explanation:
The Law Firm of Campagne & Campagne initiate...

Motion:
1) Archer Daniels Midland Company’s Demurrer to First Amended
Complaint
2) Archer Daniels Midland Company’s Motion to Strike Various
Portions of First Amended Complaint
3) Richard Best Transfer, Inc.’s Demurrer to Archer Daniels Midland
Company’s First Amended Cross-Complaint
T...

Motion: Defendant Kenworth’s Motion for Summary Judgment
Tentative Ruling:
To DENY
Explanation:
A defendant moving for summary judgment has the initial burden of production to make a prima facie showing that there are no triable issues of material fact. (Aguilar v. Atlantic Richfield Co. (2001)...

Motion: Plaintiff’s Motion for Default Judgment
Tentative Ruling:
To grant plaintiff’s motion for default judgment, and the request for attorney’s fees and costs.
If oral argument is requested, the hearing will be held on February 8th, 2018 at 3:30 p.m. in Department 503.
Explanation:
The Ci...