Excerpt: ...onsolidate for all p urposes Superior Court Case No. 30-2020 - 01171344- CU-OE -CJC and 30- 2022-01286992- CU-JR -CJC is CONTINUED to July 29, 2024, at 1:45 PM in Department C15. Request to Vacate ODA of Labor Commissioner: A trial court “may, on motion of either party after notice to the other party, set aside any void judgment or order.” Code of Civil Procedure, § 5 473(d). “A judgment can be void for lack of personal or subject matter j...

Excerpt: ...ed in court and us ed at trial or submitted as a basis for adjudication. Substantive courtroom proceedings in ordinary civil cases, and the transcripts and records pertaining to these proceedings, are presumptively open.” McNair v. National Collegiate Athletic Assn. (2015) 234 Cal.App.4th 25, 31; In re Marriage of Nicholas (2010) 186 Cal.App.4th 1566, 1575 [strong presumption of public access to court records]; California Rules of Court, rule 2...

Excerpt: ... (1994) 24 Cal. App.4th 1426, 1444.) “When a defendant challenges the court's personal jurisdiction on the ground of improper service of process the burden is on the plaintiff to prove … the facts requisite to an effective service.” (Summers v. McClanahan (2006) 140 Cal. App.4th 403, 413, internal quotes omitted.) However, if a proof of service complies with the applicable statutory requirements, its filing creates a rebuttable presump...

Excerpt: ...n a medical negligence claim, when a defendant moves for summary judgment and supports the motion with expert declarations that the defendant's conduct fell within the community standard of care, the defendant is entitled to summary judgment unless the plaintiff comes forward with conflicting expert evidence. (Hanson v. Grode (1999) 76 Cal.App.4th 601, 607.) Regarding causation, the plaintiff must offer an expert opinion that contains a reasoned...

Excerpt: ...ations about the curren t status of construction. The Association has submitted a copy of the proposed FASCC with the moving papers as Exhibit A and a redlined copy of the proposed FASCC as Exhibit 5 to the Declaration of Justin Nash. The Court may, in the furtherance of justic e, and on such terms as may be proper, allow amendment of a pleading at any time before or after commencement of trial. Code of Civil Procedure §§ 473(a)(1), 576.) In ad...

Excerpt: ...ly rate.” PLCM Group, Inc. v. Drexler (2000) 22 Cal.4th 1084, 1095. “The reasonable hourly rate is that prevailing in the community for similar work. [Citation.] The lodestar figure may then be adjusted, based on consideration of factors specific to the case, in order t o fix the fee at the fair market value for the legal services provided.” Id. “As the plain wording of section 1794, subdivision (d) makes clear, the trial court is ‘t...

Excerpt: ... cross -complaint has b een filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on any one or more of the following grounds: ¶ (e) The pleading does not state facts sufficient to constitute a cause of action. ¶ (f) The pleading is uncertain.” In this action, plaintiff alleges she was hired by Cao to provide caretaking assistance for Zhang at an Irvine residential property. Plaintiff also alleges Cao was a r...

Excerpt: ..., no matter how u nlikely or improbable, the allegations made must be accepted as true for the purpose of ruling on the demurrer. (Del E. Webb Corporation v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) Absent court orders or other items subject to judicial n otice, or items attached as exhibits to the complaint, the court may not consider the contents of pleadings or other exhibits when ruling on a demurrer. (Day v. Sharp (1975) 50 ...

Excerpt: ...arges, the verifi ed memorandum of costs is prima facie evidence of their propriety, and the burden is on the party seeking to tax costs to show they were not reasonable or necessary. Ladas v. California State Auto. Ass'n. (1993) 19 Cal.App.4th 761, 774– 776; Jones v. Dumri chob (1998) 63 Cal.App.4th 1258, 1266. On the other hand, items which are properly objected to are put in issue, and the burden of proof is on the party claiming them as co...

Excerpt: ...class notice is submitted, a redline showing all changes, deletions and additions must be submitted as well. As to the Settlement: 1. Are there any other actions, whether individual, class, or PAGA (including in the pre -filing LWDA stage) that may be affected by this set tlement? 2. Will employer -side taxes be paid separately from and in addition to the GSA, or will they be paid from the GSA? If the latter, please explain why they are paid fro...

Excerpt: ... settled with Plaintiff for $15,000, which is the policy limit of the only applicable insurance policy he had at the time of the subject accident. Defendant City of Fountain Valley filed a timely motion to contest Eulberg's application for determination of good faith settlement. C ode of Civil Procedure section 877.6 applies to a settlement between a plaintiff and an alleged tortfeasor or an alleged coobligor on a contract debt. (Code Civ. Proc....

Excerpt: ...al.App.5th 113, 119, 125126 & fn. 4 (Lawndale) [elements, duty, public entity vicarious liability]; C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 868 (Hart) [noting “‘the general rule ... that an employee of a public entity is liable for hi s torts to the same extent as a private person [citation] and the public entity is vicariously liable for any injury which its employee causes [citation] to the same extent as a pr...

Excerpt: ...-regarded practice guide has note d that motions to strike and demurrers should be filed as separate documents. (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2023) ¶ 7:162.1.) In any event, Defendants only reserved one hearing for both the demurrer an d motion to strike. Counsel are reminded that for future motions, accurate reservations for motions must be made so that the court can properly allocate resour...

Excerpt: ...t particular gro und, the matter is properly before the court and the defect in the notice of motion should be disregarded. [Citation].” (Carrasco v. Craft (1985) 164 Cal.App.3d 796, 808.) Here the notice states the Motion is being made upon the accompanying papers. Thus, the defect in the notice is disregarded. Attorneys' Fees “[T]he fee setting inquiry in California ordinarily begins with the “lodestar,” i.e., the number of hours reason...

Excerpt: ...rant a motion for preferenc e that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months, and that satisfies the court that the interest of justice will be served by granting the preference. (e) Notwithstanding any other provision of law, the court may in its discretion grant a motion fo...

Excerpt: ...rve a timely response.” (Code Civ. Proc., § 2030.290, subd. (b).) By failing to serve timely responses, BAT, Inc. waived “any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based o n privilege or on the protection for work product.” (Code Civ. Proc., § 2030.290, subd. (a).) A propounding party may move for an order compelling responses to a demand for...

Excerpt: ...ubmitted, a redl ine showing all changes, deletions and additions must be submitted as well. As to the Settlement: 1. The 20% of the NSA allocated to AWS subclass members will be distributed on a workweeks basis. Does the subclass distribution count all workweeks worked by AWS subclass members, or only workweeks while they were subject to an AWS? 2. Waiting time subclass members will get credited with an extra six workweeks. For persons who are b...

Excerpt: ...to provide dis covery. (Code Civ. Proc., § 2023.010, subd. (g); Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.) If a party fails to obey an order compelling answers to discovery, the court may impose whatever sanctions are just, including issue sanctions, evide nce sanctions, terminating sanctions, and monetary sanctions. (Code Civ. Proc., § 2023.030.) Imposition of sanctions for misuse of discovery lies within the trial court's discr...

Excerpt: ...part of plai ntiff's Eleventh Cause of Action under PAGA. (Memorandum of Points and Authorities at 6:12 -14, 6:19- 20, 7:10-11, 7:16-17, 7:2425, 8:10 -12 and 11:15- 16.) After filing the motion, however, defendant substituted in new counsel, and then in its reply brief, defendant argued for the first time that plaintiff's “individual PAGA claim” should be arbitrated. This is a new argument that unfairly and improperly expands the scope of d...

Excerpt: ...d applied. (Code Civ. Proc., §§ 583.310, 583.360.) “The provisions of section 583, Code of Civil Procedure, which require an action to be dismissed for want of prosecution if not brought to trial within five years, are mandatory; and the trial court has no discretion but to grant the motion, except where the action has been continued by a written stipulation filed with the court, or where it is shown that the defendant has been absent from ...

Excerpt: ...d. (a)(5).) This includes the power to disqualify counsel in appropriate cases. (In re Complex Asbestos Litig. (1991) 232 Cal.App.3d 572, 575.) Plaintiffs argue that Richards' representation of Defendant would violate the advocate -witness rule. Rule of Professional Conduct 3.7(a) provides: (a) A lawyer shall not act as an advocate in a trial in which the lawyer is likely to be a witness unless: (1) the lawyer's testimony relates to an uncont...

Excerpt: ...sition of th is Motion. Defendant's Evidentiary Objections to the Declaration of Michael Clauss are OVERRULED. Relief from Default and Default Judgment: Default was entered against Defendant on October 23, 2023 (ROA No. 147). Defendant requests both mandatory and d iscretionary relief under Code of Civil Procedure Section 473, subdivision (b). As to mandatory relief, section 473, subdivision (b) provides: “Notwithstanding any other requirements...

Excerpt: ...ng (“APS”) held on 07/24/23 before hearing officer G. Haros (“Haros”). Haros issued his decision following the APS on or about 08/04/23 (“Decision”). Petitioner lodged copies of all evidence (except for a video) produced at the hearing, the hearing transcript (“HT”), and the De cision with the court. The court first notes that Petitioner stipulated to issues of driving, lawful arrest, and advisement of what would happen if Petiti...

Excerpt: ...matters include: al legations not essential to the claim, allegations neither pertinent to nor supported by an otherwise sufficient claim or a demand for judgment requesting relief not support by the allegations of the complaint. (Code Civ. Proc., § 431.10(b).) A motion to s trike can also strike legal conclusions. (Weil & Brown (2022) Cal. Prac. Guide, Civil Proc. before Trial, ¶ 7:179.) Conclusory allegations are permitted, however, if they a...

Excerpt: ... punitive damages allegations and the request for attorney's fees from the FAC. Corporations Code section 17708.07(a) states: “A foreign limited liability company transacting intrastate business in this state shall not maintain an action or proceeding in this state unless it has a certi ficate of registration to transact intrastate business in this state.” Corporations Code section 17708.03(a) states: “A foreign limited liability company t...