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2023.08.28 Motion for Approval of PAGA Settlement 378
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.08.28
Excerpt: ...f Motion: The Private Attorneys General Act of 2004 ("PAGA") is codified in Lab. Code SS 2698, et seq. In bringing a PAGA action, an aggrieved employee acts as the proxy or agent of state labor law enforcement agencies, representing the same legal right and interest as those agencies, in a proceeding that is designed to protect the public, not to benefit private parties. Villacres v. ABM Industries Inc. (2010) 189 Cal. App. 4th 562. The purpose o...
2023.08.28 Demurrer 290
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.08.28
Excerpt: ...1W5(b) requires sixteen court days' notice. The Proof of Services prov-des that Plaintiff was served by mail on August 7, 2023. Because the 6 Demurrer was served by mail, five days are added to the notce period. CCP S IW5(b). Therefore, the Demurrer was filed and noticed late. However, a party who contests a motion on the merits without objecting to a defect or irregularity in the notice of motion, including the failure to serve a notice of motio...
2023.08.21 Motion for Preliminary Injunction 496
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.08.21
Excerpt: ...Real Party in Interest Robert J. Frank Construction, lnc ("RJF"). Plaintiff was the next lowest bidder and alleges that the RJF bid was nonresponsive due to what Plaintiff alleges is a material deviation between the Subcontractor List and the Certified DV8E Summary. Evidentiary Objections. Defendant's evidentiary objections are overruled. Merits of Motion. The standard for a preliminary injunction is set forth in CCP S 525 et seq. To obtain a pre...
2023.08.21 Demurrers 964
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.08.21
Excerpt: ...a MyDung Quang, M.D., and Christine Bui, D.O: Defendants David Valencia, D.O., Alicia Cherice Ruth Daisley, M.D„ Angela My-Dung Quang M.D., and Christine aui, D.O. demur to the Second Amended Complaint pursuant to CCP SS 430.10(e) and (f). Plaintiff, Richard Morey, by and through his Successor-In Interest, Denise Morey opposes the Demurrer. Meet and confer. CCP S 430.41 requires the demurring party to "meet and confer in person or by telephone ...
2023.08.14 Motion to Compel Arbitration 379
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.08.14
Excerpt: ...r Judicial Notice. Pursuant to Evid. Code S 452(c), Defendant requests the Court take judicial notice of ten rulings from various state courts. The Court takes judicial notce pursuant to Evid. Code SS 452(d) and 453. Merits. As a preliminary matter, Defendant asserts that the Federal Arbitration Act applies. Plaintiff does challenge this assertion. Defendant has presented evidence of Defendant's participation in interstate commerce. The agreement...
2023.08.14 Demurrer 964
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.08.14
Excerpt: ...ses the Demurrer. Meet and confer. CCP S 430.41 requires the demurring party to "meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer." The Declaration of Mark A. Muro, filed in support of the Demurrer, shows sufficient efforts made by Defendants to meet and confer...
2023.08.07 Motion to Compel Discovery 716
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.08.07
Excerpt: ...hirty days after service to respond to a Request for Production, Request for Admissions, Form Interrogatories, or Special Interrogatories. See CCP SS 2031.250(a), 2033.250(a), and 6 2030.260(a). Not provding a timely response to propounded discovery results in a waiver of objections. CCP SS 2031.300(a). 2033.280(a), and 2030.290(a). If a party to whom a discovery request is directed fails to serve a timely response, the party propounding discover...
2023.08.07 Demurrer 964
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.08.07
Excerpt: ...ses the Demurrer. Meet and confer. CCP S 430.41 requires the demurring party to "meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer." The Declaration of Mark A. Muro, filed in support of the Demurrer, shows sufficient efforts made by Defendants to meet and confer...
2023.07.31 Motion to Dismiss Forfeiture Action and Return of Property, OSC Re Contempt 245
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.07.31
Excerpt: ...3 U.S. Currency v. Randall Keith Laskowsky and Transpart Warehouse, Inc., Case No. 20 MSE 0002, after hearing on June 15, 2020, pursuant to Penal Code SS 1539 and 1540. The June 2020 Order directed the return of monies seized pursuant to Shasta County Search warrant #2020-149, from a Chase Account 2991, and a Tri-Counties Account 4399. The Court issued a second Order, on October 1, 2021 in the consolidated asset forfeiture acton Case Nos. 195245/...
2023.07.31 Motion to Continue 973
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.07.31
Excerpt: ... each request for a continuance must be considered on its own merits. The court may grant a continuance only on an affirmative showing of good cause requiring the continuance." CRC 3.1332(c). "A party's excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts" is a circumstance that may constitute good cause. CRC 3.1332(c)(6). There are several factors that the Court must consider including: ...
2023.07.24 Motion for Preliminary Approval of Class Action Settlement 240
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.07.24
Excerpt: ... 3.769. Defendant has filed a Statement of Non-oppositon tothe Motion. The proposed class is defined as "all current and former non-exempt employees employed by California Mentor Family Home Agency, LLC in California at any time from May 5, 2017 through December 20, 2022, except during the time period(s) in which they held the positions of Mentor Recruiter, Mentor Recruiter, CA, or Mentor Recruiter, CA or Mentor Recruitment Specialist." The PAGA ...
2023.07.24 Motion for Approval of PAGA Settlement 541
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.07.24
Excerpt: ...1194), failure to prov-de legally compliance rest and meal breaks (Labor Code SS 225.6, 226.7 & 512), failure to issue accurately itemized wage statements (Labor Code SS 226(a) and 225.3), failure to pay wages (Labor Code S 2802) and failure to reimburse all necessary business expenses (Labor Code S 2802). The Private Attorneys General Act of 2004 ("PAGA") is codified in Lab. Code SS 2698, et seq. In bringing a PAGA action, an aggrieved employee ...
2023.07.17 Motion for Monetary and Evidentiary Sanctions 376
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.07.17
Excerpt: ...Court finds that regardless of the meet and confer requirements, Defendant provided evidence of sufficient meet and confer efforts. Merits. The motion is made pursuant to CCP S 2023.010, et seq and is characterized as Plaintiff's misuse of the discovery process. Misuses of the discovery process include, but are not limited to, the following: (b) using a discovery method in a manner that does not comply with its specified pruedures. (c) Employing ...
2023.07.10 Motion for Judgment on the Pleadings 335
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.07.10
Excerpt: ...ings if the complaint states sufficient facts to constitute a cause of action and the answer does not state facts sufficient to constitute a defense to the complaint. The grounds for the motion shall appear on the face of the challenged pleading or from any other matter of which the court may take judicial notice. CCP S 438(d). The Court may take judicial notice of responses to discovery records pursuant to Evidence Code SS 452(d) and 453. Arce v...
2023.07.03 Demurrer 008
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.07.03
Excerpt: ...by a declaration stating either that the parties met and conferred or that they were unable to meet and confer. CCP S 430.41(a)(3). Defendant General Motors LLC's Declaration Regarding Meet and Confer Efforts filed on June 26, 2023 satisfies the meet and confer requirement. Standards of Demurrer: A generally demurrer should be sustained if the complaint fails to "state facts sufficient to constitute a valid cause of action." CCP S 430.10(e). A de...
2023.06.12 Motion to Compel Responses 218
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.06.12
Excerpt: ...mand for inspection is directed fails to serve a timely response, the party making the 4 demand may move for an order compelling a response. CCP S 2031.300 (b). The party to whom the demand was directed waives any objection to the demand by not responding. CCP S 2031.300(a). Unlike a motion to compel further responses, a moton to compel responses when no responses have been provided does not require the propounding party to demonstrate good cause...
2023.06.12 Motion to Compel Arbitration 379
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.06.12
Excerpt: ...March 3, 2022 and codified in 9 U.S.C. SS 401-402. The Act reads that "no predispute arbitration agreement or predispute joint-action waiver shall be valid or enforceable with respect to a case which is filed under Federal, Tribal, or State law and relates to the sexual assault dispute or the sexual harassment dispute." 9 U.S.C. S 402(a). Because Plaintiff is a "person alleging conduct constituting a sexual harassment dispute or sexual assault di...
2023.06.12 Motion to Compel Arbitration 099
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.06.12
Excerpt: ...oinder to the motion on June 1, 2023. Plaintiff opposed the motion, which was originally set for hearing on April 3, 2023. The hearing was continued to allow time for further briefing should ongoing discovery warrant further briefing. The Court notes that no further briefing has been filed by any party. Defendants argue that the Federal Arbitration Act ("FAA") applies. The declarations of A.C. Saechao and Roxanne Bullock do not provide any eviden...
2023.06.12 Motion for Approval of PAGA Settlement 541
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.06.12
Excerpt: ...94), failure to prov-de legally compliance rest and meal breaks (Labor Code SS 225.6, 226.7 & 512), failure to issue accurately itemized wage statements (Labor Code SS 226(a) and 225.3), failure to pay wages (Labor Code S 2802) and failure to reimburse all necessary business expenses (Labor Code S 2802). The Private Attorneys General Act of 2004 ("PAGA") is codified in Lab. Code SS 2698, et seq. In bringing a PAGA action, an aggrieved employee ac...
2023.06.05 Motion to Stay Entire Case Pending Appeal 973
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.06.05
Excerpt: ...r order appealed from or upon the matters embraced therein or affected thereby, including enforcement of the judgment or order, but the trial court may proceed upon any other matter embraced in the action and not affected by the judgment or order. CCP S 916(a). 9 As a preliminary matter, the Court notes that Defendant has filed Appellant's Opening Brief. Decl. Michael L Ricks, 4. As there has been no challenge to whether the ap#al has been #rfect...
2023.06.05 Motion to File Confidential Settlement Declaration Under Seal 354
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.06.05
Excerpt: ...ction 214 of the Family Code or any other provision of law, the sittings of every court shall be public." CCP S 124. Unless confidentiality is required by law, court records are presumed to be open to the public. California Rules of Court (CRC), Rule 2.550(c). "The public has a First Amendment right of access to civil litigation documents filed in court and used at trial or submitted as a basis for adjudication. [Citation.] Substantive courtroom ...
2023.06.05 Motion for Leave to File FAC 235
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.06.05
Excerpt: ... briefs. CCP S 473 prov-des that the court may "in furtherance of justice...allow, upon any terms as may be just, 7 an amendment to any pleading or proceeding in other particulars." CCP S 473(a)(1). The court's discretion is usually exercised liberally to permit amendment of the pleadings "at any stage of the proceedings, up to and including trial," absent prejudice to the adverse party. Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 751, 135 ...
2023.06.05 Demurrer 687
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.06.05
Excerpt: ...America Structured Securites Acquisition Trust 2019-HBI ("Wilmington"). On November 22, 2022, Plaintiff dismissed the Second and Third causes of action. On January 17, 2023 this court sustained Defendants' Demurrer, as to all remaining causes of action, and with leave to amend on causes of action 8-10. Plaintiff filed his Second Amended Complaint ("SAC") on March 30, 2023. The SAC alleges three causes of action against FAR and Wilmington: 3) viol...
2023.05.22 Motion to Quash Service of Summons 483
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.05.22
Excerpt: ...n the complaint was in bad faith or frivolous. Merits of Motion: A defendant may bring a motion to quash on the grounds that the Court lacks jurisdiction cwer him or her. CCP S 418.10. A plaintiff has the burden of "establishing by a preponderance of the evidence that minimum contacts exist between the defendant and the forum state to justify imposition of personal jurisdiction." See Greenwell v. Auto-owners Ins. Co. (2015) 233 Cal.App.4th 783, 7...
2023.05.16 Demurrer 964
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.05.16
Excerpt: ...telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer." The Declaration of Mark A. Muro, filed in support of the Demurrer, shows sufficient efforts made by Defendants to meet and confer with Plaintiff. Request for Judicial Notce. Defendants' request for judicial notice is granted. Merits. A demurr...

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