Excerpt: ...covery of costs related to administering the receipt and distribution of funds for emergency services, and (3) plaintiff's allegations regarding claims for the recovery of expended funds that plaintiff received from FEMA, the Federal Emergency Management Agency. Pursuan t to Health & Safety Code §13009(b), plaintiff may seek to recover fire suppression costs incurred by California Highway Patrol and City of Irvine in fighting the Silverado fi...

Excerpt: ...lso should provide a red- lined version of any revised papers, including the class notice. 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 class notice, rather than with just a supplemental declaration or brief simply asserting that the issues have been resolved. Plaintiff still hasn't filed a First Amended Complaint with PAG...

Excerpt: ...��had a legal duty to pre vent the dog from biting said Plaintiff on November 21, 2021.” (Compl., at ¶ 32.) The fourth cause of action is for "negligence liability of landlord". Under her fourth cause of action, Plaintiff alleges a “dangerous condition existed at the premises . . . namely that the dog was dangerous to the people upon and in the immediate vicinity of the premises”; and, “Defendants had actual knowledge of the dang...

Excerpt: ... battery”. Plaintiff's Amendm ents to the Second Amended Complaint (SAC) Exceeded the Permissible Scope The County argues the first and fourth causes of action fail because Plaintiff impermissibly added new causes of action. The court agrees. “It is the rule that when a trial court sustains a demurrer with leave to amend, the scope of the grant of leave is ordinarily a limited one. It gives the pleader an opportunity to cure the defects in t...

Excerpt: ...l was a re sult solely of the attorney's mistake, negligence or excusable neglect. See Lang v. Hochman (2000) 77 Cal.App.4th 1225. In general, a motion for relief from dismissal for discovery abuse must generally be accompanied by proper discovery responses. In Ro driguez v. Brill, (2015) 2234 Cal.App.4th 715, the court held that an application for relief from a terminating sanction, such as the one here, would be “in proper form” if verifie...

Excerpt: ...ry per clas s member is only about $278, and based on counsel's lodestar fees, a 30% attorney fee award still results in a generous multiplier of about 1.5. An enhancement award of $5,000.00 is sufficient and proper for a class and settlement of this size, and consid ering the effort plaintiff spent on this case as well as the average recovery per class member. The court concludes that the $435,000 class action and PAGA settlement, as approved, i...

Excerpt: ...he effect of the amendment; (2) Why the amendment is necessary and proper; (3) When the facts giving rise to the amended allegations were discovered; and (4) The reasons why the request for amendment was not made earlier. (Cal. Rules of Court, rule 3.1324(b) .) Under Code of Civil Procedure section 473, subdivision (a)(1), “[t]he court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an a...

Excerpt: ...nd costs here. In September of 2021, Plaintiff filed an earlier motion to deemed prevailing party and to recover reasonable attorney's fees and costs. The issues are not identical. The court denied that motion on 2/10/22. Issue preclusion —whether by way of collater al estoppel and direct estoppel —applies to preclude relitigation of issues argued and decided in prior proceedings when: (1) the issue to be precluded is identical to that decid...

Excerpt: ...ndant Unive rsity Medical Pharmaceuticals Corp. to serve verified responses without objections to Plaintiff's Form Interrogatories (Set One) and Request for Production of Documents (Set One). The court also ordered Defendant to pay sanctions in the sum of $360.00 per motion within 30 days of service of notice of ruling. (ROA # 49 [12/22/2023 Minute Order].) Plaintiff's counsel served notice of the ruling on Defendant on January 3, 2024. (ROA # 5...

Excerpt: ... 7.2, 7.3, 12.4, 13.1, 13.2 and 20.11; and 2. DENIES Plaintiff's Motions to Compel further verified responses by Defendant to (3) Plaintiff's Request for Admissions, Set One, Nos. 6, 7, and 8, and (4) Plaintiff's Special Interrogatories, Set One, Nos. 8, 9 and 10. The Di scovery Act requires a party to respond to discovery by providing complete and straightforward responses; to the extent it objects to the request, is unable to comply with the d...

Excerpt: ...n's Notice of Motion and Motion to Compel Production to Plaintiff's Second Set of Requests for Production to Defendant Don Barnes as Orange County Sheriff and Supporting Documents ROA 875 MOTION TO COMPEL PRODUCTION Plaintiffs People for the Ethical Operation of Prosecuto rs and Law Enforcement (“P.E.O.P.L.E.”), Bethany Webb, Theresa Smith and Tina Jackson move to compel production of a memorandum of understanding (“MOU”) referred...

Excerpt: ..., only WnG shall be liable for the fee award in the November 27 order. I. Background The various defendants have filed two motions for expungement of lis pendens in this matter. In the first motion, defendants ConvergeOne, McKenna, Nachbor, Goncalves, Christopoulos, Ngo, Trinh and Hippard sought to expunge four lis pendens, along with an order assessing attorney's fees against WnG “and/or its attorneys of record.” (ROA 171 at p. 3.) The Cou...

Excerpt: ...les 3.1702(c) and 8.278. Post -judgment enforcement costs and fees are recovered under the Enforcement of Judgments Law (Code Civ. Proc., §§ 685.040- 685.095). (Conservatorship of McQueen (2014) 59 Cal.4th 602, 608.) Under Code of Civil Procedure section 685.040, a judgm ent creditor is entitled to the reasonable and necessary costs of enforcing a judgment. “Attorney's fees incurred in enforcing a judgment are included as costs collectibl...

Excerpt: ...f's motion is DENIED . After this motion was filed, the Court of Appeal, Second District, Division Five, issued a published opinion in Hernandez v. Sohnen Enterprises, Inc. (May 22, 2024, B323303) – Cal.App.5th – , 2024 WL 2313710. Hernandez holds that when an arbitration agree ment states it is governed by the FAA and makes no reference to the California Arbitration Act, “the procedures of the CAA, including section 1281.97, do not apply....

Excerpt: ...unfitness of the employee and employed him or her with a conscious disregard of the rights or safety of others or authorized or ratified the wrongful conduct for which the damages are awarded or was personally guilty of oppression, fraud, or malice. With respect to a corporate employer, the advance knowledge and conscious disregard, authorization, ratification or act of oppression, fraud, or malice must be on the part of an officer, director, ...

Excerpt: ...Form of Ag reement Between Owner and Contractor where the basis of payment is a Stipulated Sum”). Section 6.2, entitled, “Binding Dispute Resolution,” provides in relevant part, that: “For any Claim subject to, but not resolved by, mediation pursuant to Article 15 of AIA Document A201 -2017, the method of binding resolution shall be as follows: [x] Arbitration – Other (Specify).” It further states: “At Contractors [sic] option, all ...

Excerpt: ...aintiff's cau se of action” or “that the plaintiff does not possess, and cannot reasonably obtain, needed evidence ….” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 854.) The elements of the cause of action for wrongful death are the tort (negligence or oth er wrongful act), the resulting death, and the damages, consisting of the pecuniary loss suffered by the heirs.” (Lattimore v. Dickey (2015) 239 Cal.App.4th 959, 968.) �...

Excerpt: ...en as to this cause of action. Based on its investigation, Costco concluded that Plaintiff's conduct constituted several “causes for termination” under the employment agreement. (UMF 41 -70.) These included: (1) violation of the Standards of Ethics for Managers/Supervisors; (2) any conduct or relationship that jeopardizes the employee's ability to perform her job responsibilities honestly; and (3) extending an unauthorized refund. (UMF 67.) I...

Excerpt: ...e chapter governing any particular discovery method or any other provision of this title.' This means that the statutes governing the particular discovery methods limit the permissible sanctions to those sanctions provided under the applicable governing statutes.” (New Albertsons, Inc. v. Superior Court (2008) 168 Cal.App.4th 1403, 1422 [cleaned -up].) The statutes governing each discovery method authorize particular types of sanctions in parti...

Excerpt: ...bdivision (a), fi le a “declaration of nonmonetary status” if it maintains a “reasonable belief that it has been named in the action solely in its capacity as trustee, and not arising out of any wrongful conduct or omissions on its part in the performance of its duties as trustee.” Subdivision (b) of that section sets out what must be included within the declaration. Subdivision (c) provides that any party that has appeared in the action...

Excerpt: ...f arbitra tion and any doubts regarding the arbitrability of a dispute are resolved in favor of arbitration. This strong policy has resulted in the general rule that arbitration should be upheld unless it can be said with assurance that an arbitration clause is not susceptible to an interpretation covering the asserted dispute. The party opposing arbitration has the burden of demonstrating that an arbitration clause cannot be interpreted to requi...

Excerpt: ... objections to RFP 1; 3. To produce all responsive documents, with emails and excel sheets produced in native format; and 4. To serve verifications to the Third Supplemental Responses dated February 7, 2024, and any other amended/supplemental responses served thereunder. Plainti ff contends that The Garden's responses and supplemental responses to the requests at issue are incomplete and that the boilerplate objections are meritless. Plaintiff a...

Excerpt: ... Cal.App.5th 358, 369- 370 (Kremerman).) “A judgment or order is said to be void on its face when the invalidity is apparent upon an inspection of the judgment- roll. [Citation.] This inquiry, however, does not hinge on evidence: A void judgment's invalidity appears o n the face of the record.' [Citation.]” (Id., at p. 370, internal quotation marks omitted.) “When a default judgment has been taken, the judgment roll consists of ‘the s...

Excerpt: ...ts' property. At some point more than 38 years ago, the defendants' prior owners began using this three - foot strip along plaintiff's garage as part of their back yard. As a result, the plaintiff's garage wall forms part of the defendants' back yard wall. The plaintiffs recently purchased the house and obtained a survey whereupon they discovered that the three -foot area in plaintiff's back yard is actually their property. Plaintiffs submitted e...

Excerpt: ...as those for ne gligence. (Citation.)” (Jones v. Awad (2019) 39 Cal.App.5th 1200, 1207.) The plaintiff must prove “a legal duty to use due care, a breach of such legal duty, and the breach as the proximate or legal cause of the resulting injury.” (Ibid, citations omitted. ) To establish a claim for dangerous condition on public property, a plaintiff must prove all of the following elements: 1. That defendant owned or controlled the property...