Excerpt: ...o provide responses to plaintiff's special interrogatories and requests for production and to pay sanctions. Plaintiff's motion is denied for the following reasons. Disobeying a court order to provide discovery is a misuse of the discovery process. Cal. Civ. Pro c. Code § 2023.010(g); Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516. A trial court should consider both the conduct being sanctioned and its effect on the party seeking discov...

Excerpt: ...ct. Plaintiff hasn't stated sufficient facts showing the elements of the claim. Specifically, how much defendants agreed to pay for the services rendered. The demurrer is overruled as to the 2nd cause of action for unfair business practices. Plaintiff may use and alleged violation of the Knox -Keene Act as a basis for its claim. The demurrer to the 3rd cause of action for unjust enrichment is overruled. The complaint asserts that plaintiff provi...

Excerpt: ... Dennis W. Wilson's objections to the declarations of Mr. Miller, Mrs. Kell, and Mr. Lawrence and the supplemental declaration of Mrs. Kell are all SUSTAINED. The Application is DENIED as to Defendants Dennis W. Wilson Insurance Agency, Inc. dba Wilson Financial Services and Property Pros Capital, LLC. The Application is DENIED as to Defendant Dennis W. Wilson because Plaintiffs have failed to establish with admissible evidentiary facts the proba...

Excerpt: ...intiff stated a cause of action for false promise. (Complaint, second cause of action, § FR -2(c); see Opp., at pp. 3:11 -15, 4:23 -25, 5:19 -21.) Plaintiff did not select section FR -4 of the Judicial Council form complaint, which alleges a promise without intent to perform. (S ee Complaint.) Regardless of which species of fraud is alleged, Plaintiff did not allege sufficient facts with the required specificity to state a cause of action for f...

Excerpt: ...), (p)(2) [bu rden]; Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850 - 851 [same]; see Veh. Code, § 11711.) USFIC admits it is the surety that issued the dealer bond to dealer Image Auto Group, LLC (IAG or dealer) pursuant to Vehicle Code sections 11710 and 11711. (SSMF #2.) USFIC first contends it is entitled to judgment because plaintiff Ramin Hersel (plaintiff) has dismissed his second cause of action for deceit/fraud against t...

Excerpt: ...gations of th e parties under the agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of California. (FAC, Ex. 4 §5(11).) Further, defendants are California residents, and the Home Solicitation Sales Act seeks to regula te conduct by defendants. Thus, plaintiff may seek to enforce the Act. As to the Second Cause of Action, plaintiff's allegations adequately plead the existence of a fiduciary rela...

Excerpt: ...WIEC (hereinafte r, collectively “Plaintiffs”). To the extent Plaintiffs can properly amend the IIED claim, the court GRANTS twenty (20) days leave to amend. The fourth cause of action for intentional infliction of emotional distress (IIED) alleges the following: Pursu ant to a written lease agreement, Plaintiffs moved into certain property in Irvine beginning in or about July of 2012. Beginning in or about November of 2018 through December ...

Excerpt: ...§ 1670.8 and (2) materials taken from Cisco's website, including the various service terms at issue. Notice of the legislative history is proper under Evid. Code § 452(c). Notice of the materials from Cisco's website is proper under Evid. Code § 452(h) given the lack of op position and the fact that both parties seeking notice of materials from Cisco's website suggest it is “not reasonably subject to dispute” that these are the full -servi...

Excerpt: ... to the settl ement agreement rather than any amended settlement agreement. Counsel also must provide a red -lined version of any revised papers, including the proposed letter to the aggrieved employees. Counsel also should provide the court with an explanation of how the pending issues were resolved, with references to any corrections to the settlement agreement and the proposed letter to the aggrieved employees, rather than with just a suppleme...

Excerpt: ...ust file a pr oof of service with the court reflecting service of these orders on the LWDA. 2. Were any exclusions, objections or disputes received for the 31 remailed notices? 3. The settlement administrator states plaintiff's individual settlement share is $517.55. I s plaintiff anticipating any other compensation (not including any enhancement payment) from the settlement (such as for any individual claims)? 4. The settlement administrator s...

Excerpt: ...n, Cal. Practice Guide: Civi l Procedure Before Trial (The Rutter Group 2021) ¶ 6:564.) Where the proposed cross -complaint arises out of the same transaction as plaintiff's claim, leave to file must be granted as long as defendant is acting in good faith. (Code Civ. Proc., § 426.50.) Here, Defendant's proposed cross- complaint asserts a single cause of action for breach of contract related to Plaintiffs' alleged failure to pay two years o...

Excerpt: ...ate itemized w age statements. The operative Complaint brings the following causes of action: 1. PAGA penalties 2. UCL 3. LC §§ 351, 353 4. Wage statements 5. Waiting time SUMMARY OF SETTLEMENT: Aggrieved Employees Definition: PAGA Member(s) or Settlement Group Members are “all current and former nonexempt employees of Defendant who were subject to the alleged illegal and unauthorized tip pooling in California during the PAGA Period.” (§ ...

Excerpt: ... Heating, LLC (“ Defendant”). (ROA 2.) The Complaint alleged the following nine causes of action: 1. Failure to Pay Minimum Wages; 2. Failure to Pay Overtime Wages; 3. Failure to Provide Accurate, Itemized Wage Statements; 4. Failure to Provide Meal Periods; 5. Failure to Provide Rest Breaks; 6. Waiting Time Penalties; 7. Failure to Maintain Records; 8. Failure to Reimburse Business Expenses; and 9. Unfair Business Practices On March 3, 2023,...

Excerpt: ...rectional Drilling. The motions for summary judgment are denied. Relevant Background Plaintiff Michael Konrad filed a Complaint alleging that the subject accident occurred on December 19, 2018. The Complaint alleges that Plaintiff was properly and lawfully riding his bicycle when he unknowingly encountered a damaged portion in the road and was violently thrown from his bicycle to the ground and sustained serious bodily injuries. (Compl., at ¶ 1...

Excerpt: .... Administration costs in the amount of $12,511.43, per the administrator's declaration. 4. Payment to the LWDA of $3,750, representing the LWDA's share of the amount allocated to the PAGA claim. Please submit a revised proposed order that conforms to the foregoing for the Court's signature. GROUNDS FOR FEE AWARD Counsel requests a fee award of $146,800, or 40%, of the $367,000 GSA. Per the moving papers, counsel will receive $133,000 of the $333...

Excerpt: ...ns, our Legislat ure has authorized the broadest possible exercise of jurisdiction.” (Id. at 108.) “When a debtor files a Chapter 7 petition, the debtor lists each of his creditors.” (In re McGhan (9th Cir. 2002) 288 F.3d 1172, 1176.) “The appointed bankruptcy trustee convenes a meeting of these creditors pursuant to 11 U.S.C. § 341(a).” (Id.) “All creditors must receive at least 30 days' advance notice of the creditors' mee...

Excerpt: ...ther, the pr opounding party is not required to file a meet and confer declaration prior to filing its motion to compel, and there is no time limit for the propounding party to file its motion. (Code Civ. Proc., § 2030.290; Sinaiko Healthcare Consulting, Inc. v. Pacifi c Healthcare Consultants (2007) 148 Cal.App.4th 390, 404.) In addition, “[t]he party to whom the interrogatories are directed waives any right to exercise the option to prod...

Excerpt: ... is false and misleading. Complaint (ROA 2) ¶¶ 1, 16 -20. Plaintiff alleges his claims on his own behalf and that of a putative class comprised of “[a]ll persons in California who purchased the Product during the statutes of limitations for each cause of action all eged.” Id. ¶ 43. Plaintiff alleges five causes of action: (i) violation of the California Unfair Competition Law; (ii) violation of the California False Advertising Law; (iii) ...

Excerpt: ...ns a contra ctual relationship between plaintiff and Paragon over relocation services to be provided to plaintiff's employees. Pertinent here, the complaint alleged that Morabito was the CEO of Paragon Relocation Services, and Jim Davis was its CFO. It further alleg ed these two individuals were actively contacting plaintiff's employees and improperly threatening to turn them over to debt collectors if they did not pay relocation costs claimed by...

Excerpt: ...etween the C ontractor [Titan] and the Owner [District], under or in reference to this contract, may be subject to the decision of some competent person to be agreed upon by the Owner and the Contractor who shall act as referee, and his decisions shall be final and conclusive upon both parties.” (Titan Group, Inc. v. Sonoma Valley County Sanitation Dist. (1985) 164 Cal.App.3d 1122, 1125.) The trial court denied the plaintiff's motion to compel...

Excerpt: ...of jurisdiction. When a defendant challenges that jurisdiction by bringing a motion to quash, the burden is on the plaintiff to prove the existence of jurisdiction by proving, inter alia, the facts requisite to an effective service.” (Dill v. Berquist Construction Co. (199 4) 24 Cal.App.4th 1426, 1439 -1440.) The parties agree that there is no basis for the exercise of general personal jurisdiction over Defendant. The question is whether speci�...

Excerpt: ..., special interrogatories and requests for production. Those three motions are CONTINUED as set forth below. MOTION TO SEAL A party requesting that a court record be filed under seal “must file a motion or an application for an order sealing the record.” CRC 2.551(b)(1). “ The motion or application must be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing.” (Id.) Here, Americor submits the ...

Excerpt: ...iscretion, and upon t erms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” (Civ. Proc. Code § 436.) Kui requests the court strike several portions of plaintiff D'Mario Few -Brewer's (“Plaintiff”) First Amended Complaint (“FAC”) which co...

Excerpt: ...he hear i n g . C od e C i v. Proc. § 1 2 9 0 .2 . Wh ere th e a rb itrati on ag ree men t d oes n ot p rov i d e t h e m an n e r in which service shall be made and the person on whom service is to be made has not previously appeared in the proceeding and has not previously been served in a ccordance with section 1290.4(a) of the Code of Civil Procedure, for service in California the petition and notice of hearing must be served in a manner pro...

Excerpt: ...Cane), and the “Litigation Files” (referring to files from and communications with Bremer Whyte Brown & O'Meara, LLP (BWBO), SMTD Law LLP, and Barry Kellman). GrowthPoint asserts, and Crate and Pickell do not dispute, that Crate and Pickell possess documents from these law firms and lawyers. Except as discussed below regarding Pickell's privilege log, GrowthPoint's motion is granted. In an August 10, 2023 order (ROA 1633), the court (Judge ...