This case was last updated from Fresno County Superior Courts on 03/05/2020 at 16:55:13 (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, Bf Sisk Courthouse located in Fresno, California. The Judges overseeing this case are Black, Donald, Diaz, Monica and Simpson, Alan. 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

  • Court:

    Fresno County Superior Courts

  • Courthouse:

    Bf Sisk Courthouse

  • County, State:

    Fresno, California

Judge Details

Judges

Black, Donald

Diaz, Monica

Simpson, Alan

 

Party Details

Plaintiffs, Defendants, Cross Defendants and Cross Plaintiffs

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

Pearson Properties, Inc. dba Berkshire Hathaway Homeservices Drysdale Properties

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

8 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

Barcus Allen, Anna

Coderniz, Diane E.

Stein, Daniel C.

Michael, John G.

Miller, Nathan S.

Whelan, Brian D

 

Court Documents

Declaration Filed

Declaration; Comment: of Mishelle Fisher in Support of Special Motion to Strike Slapp Suit

Notice of Motion

Notice of Motion; Comment: and motion to: Strike Slapp Suit

Proof of Service

MILLER Proof of Service (1).pdf; Comment: Proof of Service

Order Received for Signature

MILLER [Proposed] Order re MTS (1).pdf; Comment: Proposed Order granting motion to strike complaint (Pending until hearing)

Request for Judical Notice

Request for Judical Notice; Comment: in support of motion to strike

Declaration Filed

MILLER Pearson Declaration (1).pdf; Comment: Declaration of Pearson in support of motion to strike

Declaration Filed

MILLER Montanari Declaration (2).pdf; Comment: Declaration of Montanari in support of motion to strike

Memorandum of Points and Authorities

MILLER MPA ISO MTS (1).pdf; Comment: in support of motion to strike

Motion filed

MILLER Notice of Motion and MTS (1).pdf; Comment: Notice of Motion and Motion to Strike Complaint

Memorandum of Points and Authorities

Memorandum of Points & Authorities; Comment: Plaintiff's Memorandum of Points and Authorities in Opposition to Defendant's Motion to Strike Complaint Pursuant to CCP Section 425.16

Notice Filed

Notice of Posting Jury Fees.pdf; Comment: of Posting Jury Fees

Case Management Statement Filed

Case Management Statement.pdf

Minute Order Attachment (Tentative Rulings Only)

Civil Document

Minute Order Attachment

Minute Order Attachment

Reply filed

Miller v. Fisher - Reply (FILING) 042418.pdf; Comment: Reply of Defendant Pearson to Plaintiff's Opposition to Motion to Strike Complaint

Declaration Filed

Declaration; Comment: Declaration of Plaintiff Thomas Miller in Support of Plaintiff s Opposition to Defendants Motion to Strike Complaint Pursuant to C.C.P. Section 425.16

Memorandum of Points and Authorities

Memorandum of Points & Authorities; Comment: Plaintiff s Memorandum of Points and Authorities in Opposition to Defendants Motion to Strike Complaint Pursuant to C.C.P. Section 425.16

Memorandum of Points and Authorities

Memorandum of Points & Authorities; Comment: of Points and Authorities in Support of Special Motion to Strike Slapp Suit

159 More Documents Available

 

Docket Entries

  • 09/14/2020
  • DocketJury Trial- Judicial Officer: Simpson, Alan; Hearing Time: 9:00 AM; Comment: Jury Req by both; 6-10 Days

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  • 09/11/2020
  • DocketTrial Readiness- Judicial Officer: Simpson, Alan; Hearing Time: 9:30 AM

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  • 08/18/2020
  • DocketMandatory Settlement Conference- Hearing Time: 10:00 AM

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  • 02/20/2020
  • DocketMotion - Compel- Judicial Officer: Simpson, Alan; Hearing Time: 3:27 PM; Cancel Reason: Off Calendar; Comment: Ernest Montanari

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  • 02/05/2020
  • DocketMotion - Compel- Judicial Officer: Simpson, Alan; Hearing Time: 3:27 PM; Cancel Reason: Off Calendar; Comment: Production of Documents Daniel Stein

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  • 12/19/2019
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  • DocketMinute Order Attachment (Tentative Rulings Only)- Civil Document; Comment: attached certificate of mailing

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  • 12/19/2019
  • DocketMotion - Compel- Judicial Officer: Simpson, Alan; Hearing Time: 3:27 PM; Result: Uncontested; Comment: R. Ernest Montanari

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  • 11/26/2019
  • FinancialFinancial info for Pearson Properties, Inc.: EFile Payment Receipt # WEB-2019-93888 Pearson Properties, Inc. $60.00

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  • 11/26/2019
  • FinancialFinancial info for Pearson Properties, Inc.: Transaction Assessment $60.00

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  • 11/26/2019
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  • DocketProof of Service- Proof of Service; Comment: ISO Motion to Compel

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236 More Docket Entries
  • 03/19/2018
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  • DocketNotice Filed- Notice; Comment: Notice and Acknowledgment of Receipt-Defective -party status remains unserved, no POS-010 submitted with this Notice and Acknowledgment-signature is not completed correctly

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  • 03/08/2018
  • DocketSummons and Complaint

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  • 03/08/2018
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  • DocketProof of Service- Proof 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 $585.00; Total Payments and Credits $585.00

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  • 02/13/2018
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  • DocketNotice Filed- Notice 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- Summons; Summons issued and filed

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  • 02/07/2018
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  • DocketCivil case cover sheet- Civil Case Cover Sheet

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  • 02/07/2018
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  • DocketCivil Complaint filed- Complaint

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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