Excerpt: ...vil Procedure section 430.41and 435.5; specifically, to meet and confer with plaintiff regarding the issues raised by the demurrer and motion to strike. If the parties cannot agree on the purported deficiencies in the first amended complaint, defendant may calendar another hearing date for the demurrer and must comply with Code of Civil Procedure section 430.41 and 435.5 in doing so. If the parties need more time to meet and confer, they may subm...

Excerpt: ...gant. To order plaintiff to obtain permission from the presiding judge of the court before filing any new actons in pro per. Explanation: Demurrer: Defendant demurs to the entire complaint on the grounds that of "failure to include any causes of action" and "unintelligibility." However, "failure to include any causes of action" and "unintelligibility" are not statutory grounds for a demurrer. It appears that defendant is arguing that the complain...

Excerpt: ... proposed judgment dismissing the achon. The trial date set for August 19, 2024, is vacated, as are the related dates for Mandatory Settlement Conference and Trial Readiness. If a timely request for oral argument is made, such argument will be entertained on Wednesday, January 24, 2024, at 3:30 p.m. Explanation: Once a moton to compel a party to comply with a discovery request is granted, continued failure to comply may support a request for more...

Excerpt: ... 3 Cal. 5th 531, 549, citing Labor Code section 2599(1)(2) ["The superior court shall review and approve any settlement of any civil action filed pursuant to this part. The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court."]) The trial court is to "evaluate a PAGA settlement to determine whether it is fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law vio...

Excerpt: ...ility issues. (Wershba v. Apple Computer, Inc. (2001) 91 Cal.App.4th 224, 240; see Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1803, fn. 9, 19.a) The trial court has a "fiduciary responsibility" as the guardian of the absentee class members' rights to decide whether to approve a settlement of a class action. (Luckey v. Superior Court (2014) 228 Cal.App.4th 81, 95.) A precertification settlement may stipulate that a defined class be conditi...

Excerpt: ...ettlement. Explanation: A prevailing buyer in an action under the Song—Beverly Act "shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connecton with the commencement and prosecution of such action." (Civ. Code, S 1794, subd. (d).) The statute "...

Excerpt: ...ction brought by the government. The act authorizes a representative action only for the purpose of seeking statutory penalties for Labor Code violations (Lab.Code, section 2699, subds. (a), (g)), and an action to recover civil penalties 'is fundamentally a law enforcement action designed to protect the public and not to benefit private parties. Oskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 381.) A PAGA representative act...

Excerpt: ...subd. (e).) Moving parties shall submit to this court, within seven days of service of the minute order, a proposed judgment dismissing the action as to them. Explanation: Plaintiff alleges that she was discriminated against based on her race in her employment with Omni Family Health Organization. She sues Omni and three Omni employees (Joseph Hayes, Aurora Cooper and Gloria Pacleb) for (1) hostile work environment racial harassment; failure to p...

Excerpt: ...ich notably contains a single titled cause of action for common count — money had and received) fails to state suffcient facts to constitute a cause of action, based upon subdivision (e) of Code of Civil Procedure section 431.10 and is otherwise uncertain, based upon subdivision (f) of Code of Civil Procedure section 431.10. Defense counsel met and conferred with plaintiff in Spanish by telephone before filing the demurrer, per the declaration ...

Excerpt: ...lacks jurisdiction, the claims are barred by the doctrine of res judicata, and defendant's promise was an unenforceable gift. Cause of Action Improperly Labelled To survive a demurrer, the complaint need only allege facts sufficient to state a cause of action or that "he is entitled to some relief." (Amid v. Hawthorne Community Medical Group, Inc. (1989) 212 Cal.App.3d 1383, 1386-1387.) Additionally, the court "treat[sl the demurrer as admitting ...

Excerpt: ...civil achon brought under the Fair Employment and Housing Act, Government Code section 12900 et seq., may be awarded reasonable attorney's fees and costs in the court's discretion. (Govt. Code 512965, subd. (c)(6).) The parties reached a settlement upon plaintiff's acceptance of defendants' Code of Civil Procedure section 998 Offer to Compromise, the terms of which included reasonable attorney's fees and costs awarded by the court. In her motion ...

Excerpt: ...ayra Corina Gonzalez is directed to submit a new proposed order. To set a status conference for Thursday, July 16, 2024, 3:30 p.m. in Department 503. Explanation: 1. Class Certification The court has already granted the motion for preliminary approval and certification of the class and found that the class is sufficiently numerous and ascertainable to warrant certification for the purpose of approving the settlement. There is no reason for the co...

Excerpt: ...court issued an order granting Defendant's motion and stayed all proceedings pending final disposition of the United States District Court, Eastern District of California, Case No. 1:22-cv-00729. Plaintiff now seeks reconsideration of that order of stay. Motions for reconsideration fall under the purview of Code of Civil Procedure section 1008, which states in pertinent part: When an application for an order has been made to a judge, or to a cour...

Excerpt: ...proof to show that plaintiff cannot establish one or more elements of their causes of action or to show that there is a complete defense. (Code Civ. Proc„ S 437c, subd. (p)(2).) Only after the moving party has carried this burden of proof does the burden of proof shift to the other party to show that a triable issue of one or more material facts exists — and this must be shown via specific facts and not mere allegations. (ld.) "California cou...

Excerpt: ... to Enforce Settlement Agreement "Code of Civil Procedure section 664.6 provides a summary procedure to enforce a settlement agreement by entering judgment pursuant to the terms of the settlement.„." (Hines v. Lukes (2008) 167 Cal.App.4th 1174, 1182, internal citations omitted); see also Fiege v. Cooke (2004) 125 Cal.App.4th 1350, 1353-1355 [assent can be established where the parties were present but did not object to settlement termsl.) Furth...

Excerpt: ...cted to submit a proposed judgment. Explanation: Tax Costs On August 29, 2023, judgment was entered in the consolidated matter in favor of defendant Haight Brown & Bonesteel, LLP ("Defendant") and against plaintiff Hallmark Specialty Insurance Company ("Hallmark") following the granting of a motion for nonsuit. Defendant filed a memorandum of costs for $122,662.55. Hallmark seeks to tax those costs. Specifically, Hallmark objects to certain entri...

Excerpt: ...ibed." (Kacha v. Allstate Ins. Co. (2006) 140 Cal.App.4th 1023, 1031.) It is not the court's role to review the merits of the controversy or to determine whether the evidence is sufficient to support the appraisal award. (Ibid.) The petition identifies the California Arbitration Act, (Code Civ. Proc. S 1280, et seq.) as providing authority for the court to compel California FAIR Plan Association to participate in the Insurance Code 52071 appraisa...

Excerpt: ...by their first names, not out of disrespect, but for ease of reference.) Robert Kloppenburg (the decedent) passed away in November 2022. Brent is the trustee of his fathers (the decedent's) trust and Paz is the decedent's widow. Brent has known Paz for over 30 years. The plaintiff owns a home (the residence) in Fresno. Upon the decedent's death, the terms of the trust grant Paz the right to occupy the residence, provided she keeps the residence i...

Excerpt: ...ng with his evidence. The evidence and new memorandum must be filed on or before 5:00 p.m. on February 20, 2024. Plaintiff may file a new reply on or before 5:00 p.m. on Thursday, February 29, 2024. Explanation: Defendant opposes the moton by arguing that plaintiff has failed to meet the requirements to allow her to bring a renewed motion under Code of Civil Procedure section 1008, subdivision (b). However, the court does not actually regard this...

Excerpt: ... injunction. The matter is not being heard on an ex parte basis. A preliminary injunction may be granted any time before judgment upon affidavits that show sufficient grounds, and notice to the opposing parties. (Code Civ. Proc. S 527, subd. (a).) Generally, the complaint must set forth a cause of action for injunctive relief to support the issuance of a preliminary injunction. (See Code Civ. Proc. S 526, subd. (a)(1)-(2).) However, a preliminary...

Excerpt: ...ory Miyake, DMD ("Defendant") seeks an award of attorney fees pursuant to Civil Code section 1717 following the dismissal of the Complaint by plaintiff Mehdi Jafarinejad, DMD ("Plaintiff"). The Complaint stated five causes of action: (1) breach of written contract; (2) breach of implied covenant of good faith and fair dealing; (3) interference with prospective economic advantage; (4) fraud; and (5) injunction. Trial was set for this matter for Ju...

Excerpt: ...esno Code Enforcement Division and John Giannetta's demurrer to the Third Amended Complaint, without leave to amend. (Code Civ. Proc. S 430.10, subd. (e).) Defendants Fresno County Tax Collector Oscar Garcia, City of Fresno, City of Fresno Code Enforcement Division, and John Giannetta are directed to submit a proposed judgment. Explanation: Defendants Fresno County Tax Collector Oscar Garcia ("Garcia"), and City of Fresno, City of Fresno Code Enf...

Excerpt: ...of Documents, Set One Tentative Ruling: To grant the motions to compel verified discovery responses, and for deemed admissions. (Code Civ. Proc., S 2030.290, 2031.300, 2033.280.) Within 10 days, plaintiff Jose Madrigal shall serve objections-free, verified responses Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One. The truth of all matters specified in the Request for Admissions, Se...

Excerpt: ...take one full eight-hour day. Explanation: Any party may obtain discovery by means of a physical or mental examination of a party to the action, in any action "in which the mental or physical condition of that party is in controversy in the action. ' (Code Civ. Proc., S 2032.020, subd. (a)(l).) If a party desires to obtain discovery by a physical or mental examination, that party shall obtain leave of court. (Code Civ. Proc., S 2032.310, subd. Th...

Excerpt: ...v. Proc., S 1281.2.) However, there is "no public policy in favor of forcing arbitration of issues the parties have not agreed to arbitrate." (Garlach v. Sports Club Co. (2012) 209 Cal.App.4th 1497, 1505) "Thus, in ruling on a motion to compel arbitration, the court must first determine whether the parties actually agreed to arbitrate the dispute." (Mendez v. Mid-Wilshire Health Care Center (2013) 220 Cal.App.4th 534, 541.) The party moving to co...