This case was last updated from Fresno County Superior Courts on 06/18/2022 at 04:50:11 (UTC).

Thomas Miller vs. Mishelle Fisher

Case Summary

On 02/07/2018 Thomas Miller filed a Labor - Other Labor lawsuit against Mishelle Fisher. This case was filed in Fresno County Superior Courts, Fresno County BF Sisk Courthouse located in Fresno, California. The Judges overseeing this case are Black, Donald, Tharpe, D Tyler, Diaz, Monica, Simpson, Alan, McGuire, Rosemary and Gaab, Kimberly. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0487

  • Filing Date:

    02/07/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Other Labor

  • County, State:

    Fresno, California

Judge Details

Judges

Black, Donald

Tharpe, D Tyler

Diaz, Monica

Simpson, Alan

McGuire, Rosemary

Gaab, Kimberly

 

Party Details

Plaintiffs, Defendants, Cross Plaintiffs and Cross Defendants

Miller, Thomas

Fisher, Mishelle

Owens, Catrina

Bentley, Michelle

Defendants, Cross Defendants and Cross Plaintiffs

Pearson Properties, Inc.

Berkshire Homeservices Drysale Properties

Miller, Thomas

Fisher, Mishelle

Pearson Propertires Inc.

Pressbox, Inc. a California Corporation

Berkshire Hathaway Homeservices Drysdale Properties, A California Corporation

Pressbox Inc.,

Berkshire Homeservices Drysdale Properties

Pressbox Inc

Pressbox, Inc.

Pearson Properties Inc

10 More Parties Available

Attorney/Law Firm Details

Defendant, Cross Plaintiff and Plaintiff Attorneys

Coderniz, Diane E.

Whelan, Brian D

Defendant, Cross Defendant and Cross Plaintiff Attorneys

Montanari, R. Ernest

Stein, Daniel C.

Barcus Allen, Anna

Coderniz, Diane E.

Michael, John G.

Miller, Nathan S.

Whelan, Brian D

 

Court Documents

Minute Order Attachment (Tentative Rulings Only)

Civil Document; Comment: attached certificate of mailing

Notice of Motion

Notice of Motion; Comment: and Motion to Compel Production of Cross-Complainant Catrina Owens' Tax Information and Response to Deposition Question

Declaration Filed

Declaration; Comment: of Nathan Miller ISO Motion to Compel

Proof of Service

Proof of Service; Comment: ISO Motion to Compel

Order Received for Signature

Proposed Order; Comment: Pending Hearing

Order filed

Civil Document; Judicial Officer: Simpson, Alan; Comment: Order On Request For Pretrial Discovery Conference

Order Received for Signature

Proposed Order; Comment: Proposed Order

Declaration Filed

Declaration; Comment: Declaration of Nathan Miller

Proof of Service

Proof of Service; Comment: Proof of Service

2/25/22 Reply Brief (Owens).pdf

02/25/2022: 2/25/22 Reply Brief (Owens).pdf

2/25/22 Resp to Written Obj Sep Stmnt of UMF (Owens).pdf

02/25/2022: 2/25/22 Resp to Written Obj Sep Stmnt of UMF (Owens).pdf

2/25/22 Objections to Evidence (Owens).pdf

02/25/2022: 2/25/22 Objections to Evidence (Owens).pdf

2/25/22 Response to Additional UMF (Owens).pdf

02/25/2022: 2/25/22 Response to Additional UMF (Owens).pdf

2/25/22 Reply Brief (Miller Complaint).pdf

02/25/2022: 2/25/22 Reply Brief (Miller Complaint).pdf

2/25/22 Objections to Declaration (Miller Complaint).pdf

02/25/2022: 2/25/22 Objections to Declaration (Miller Complaint).pdf

2/25/22 Reply Brief (Miller FACC).pdf

02/25/2022: 2/25/22 Reply Brief (Miller FACC).pdf

2/16/22 Objection ~ Hearing 3/2/22

02/16/2022: 2/16/22 Objection ~ Hearing 3/2/22

2/16/22 Response ~ Hearing 3/2/22

02/16/2022: 2/16/22 Response ~ Hearing 3/2/22

428 More Documents Available

 

Docket Entries

  • 10/10/2022
  • DocketJury Trial; Judicial Officer: Gaab, Kimberly; Hearing Time: 9:00 AM; Comment: Jury Req by both; 6-10 Days

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  • 10/07/2022
  • DocketTrial Readiness; Judicial Officer: Gaab, Kimberly; Hearing Time: 10:00 AM; Comment: Dept. 503

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  • 09/15/2022
  • DocketMandatory Settlement Conference; Hearing Time: 10:00 AM

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  • 09/07/2022
  • DocketSummary Judgment; Judicial Officer: Tharpe, D Tyler; Hearing Time: 3:27 PM; Comment: Brian Whelan

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  • 08/18/2022
  • DocketSummary Judgment; Judicial Officer: Tharpe, D Tyler; Hearing Time: 3:27 PM; Comment: Filed 12/14/21 ~ Ernest Montanari

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  • 08/18/2022
  • DocketSummary Judgment; Judicial Officer: Tharpe, D Tyler; Hearing Time: 3:27 PM; Comment: Filed 12/14/21 ~ Ernest Montanari

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  • 08/18/2022
  • DocketSummary Judgment; Judicial Officer: Tharpe, D Tyler; Hearing Time: 3:27 PM; Comment: Filed 12/14/21 ~ Ernest Montanari

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  • 03/03/2022
  • DocketSummary Judgment; Judicial Officer: Tharpe, D Tyler; Hearing Time: 3:27 PM; Cancel Reason: Off Calendar; Comment: Bryan Whelan (TD 4/4/22)

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  • 02/25/2022
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  • DocketReply filed; Comment: Reply to Catrina Owens MPA in Opposition to MSJ

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  • 02/25/2022
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  • DocketResponse filed; Comment: Response tp Catrina Owens Written Objections to Separate Statement of UMF Opposition to MSJ

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373 More Docket Entries
  • 03/08/2018
  • DocketSummons and Complaint; Served: 03/07/2018

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  • 03/08/2018
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  • DocketProof of Service; Comment: Pearson Properties, Inc.

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  • 02/13/2018
  • FinancialFinancial info for Miller, Thomas: EFile Payment Receipt # WEB-2018-10323 MILLER, THOMAS $435.00

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  • 02/13/2018
  • FinancialFinancial info for Miller, Thomas: Transaction Assessment $435.00

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  • 02/13/2018
  • FinancialFinancial: Miller, Thomas; Total Financial Assessment $645.00; Total Payments and Credits $645.00

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  • 02/13/2018
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  • DocketNotice Filed; Comment: Notice of Case Management Conference and Judge Assignment

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  • 02/13/2018
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  • DocketSummons issued and filed

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  • 02/07/2018
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  • DocketCivil case cover sheet

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  • 02/07/2018
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  • DocketCivil Complaint filed

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  • 01/01/1900
  • DocketChambers Work- Pre; Hearing Time: 8:30 AM

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Complaint Information

ek ped et ek e

SN = O

E-FILED

R. Ernest Montanari, Esq. (SBN 152209) 4/5/2018 9:51 AM Musacchio & Montanari, P.C. FRESNO COUNTY SUPERIOR COURT 3478 Buskirk Avenue, Suite 343 By: K. Daves, Deputy

Pleasant Hill, California 94523 Telephone: (925) 465-3950 Facsimile: (925) 465-3951

Email: emontanari(@mmlawpc.com

Attorney for Defendant Pearson Properties, Inc. dba Berkshire HomeServices Drysdale Properties

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF FRESNO

THOMAS MILLER, Case No.: 18CECGO00487

Plaintiff,

NOTICE OF MOTION AND MOTION TO STRIKE COMPLAINT PURSUANT TO

VS. C.C.P. § 425.16

MISHELLE FISHER, PEARSON PROPERTIES, INC. DBA BERKSHIRE HOMESERVICES DRYSDALE PROPERTIES, and DOES 1 through 20, inclusive,

Date: May 2, 2018

Time: 3:30 p.m.

Dept.: 502

Judge: Hon. Donald Black

Defendants.

Date Complaint Filed: February 13, 2018

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE THAT on May 2, 2018, in Department 502, before the Honorable Judge Donald Black, Fresno County Superior Court, located at 1130 O Street, Fresno, California, 03721, Defendant PEARSON PROPERTIES, INC. DBA BERKSHIRE HOMESERVICES DRYSDALE PROPERTIES (referred to herein as “Pearson™), pursuant to Section 425.16 of the California Code of Civil Procedure, will and hereby does, move this Court for an order striking the sole cause of action alleged in the Complaint naming Pearson by Plaintiff THOMAS MILLER

(“Plaintiff”) and awarding Pearson its attorney’s fees and costs.

(“Plaintiff”) and awarding Pearson its attorney’s fees and costs.~1 O W»n o bhA W NN = O O 0NN DY R W N O

~1 O W»n o bhA W NN = O O 0NN DY R W N O

PLEASE TAKE FURTHER NOTICE THAT this Motion is made on the grounds that the cause of action alleged against Pearson—Defamation—arises from the furtherance of Pearson’s protected right of petition and free speech under the constitutions of the United States and California in connection with a matter of public concern, and that Plaintiff will not be able to establish by admissible evidence a probability of prevailing on his claims.

PLEASE TAKE FURTHER NOTICE THAT this Motion is based upon this Notice of Motion, the accompanying Memorandum of Points and Authorities, the Declarations of R. Emest Montanari, Esq., Gretchen Pearson, all pleadings and papers on file with the Court, and upon such other matters

that the Court may consider.

Dated: April 3, 2018 MUSACCHIO & MONTANARI, P.C.

By: [ | \__—— g R. Ernest Montanari, Esq., Attorney for Defendant Pearson Properties, Inc. dba Berkshire HomeServices Drysdale Properties

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