Excerpt: ...tinued to May 28, 2024. Supplemental briefing and declarations have since been filed. The law favors the settlement of lawsuits, particularly in complex litigation, where they save time and resources. Neary v. Regents of the University of California (1992) 3 Cal. 4th 273, 277-281 (superseded by statute on other grounds). However, courts cannot automatically and instantly approve a proposed settlement or dismiss a class action suit, even if the ...

Excerpt: ... provisions of the Health and Safety Code are subject to seizure and forfeiture. Health and Safety Code § 11470. The judicial and/or administrative procedure for forfeiture is laid out generally in Health and Safety Code §§ 11488.4 and 11488.5. For a judicial forf eiture the District Attorney's Office (or other agency) is required to file a Petition for Forfeiture. Health and Safety Code § 11488.4(a). The Petition for Forfeiture must be serv...

Excerpt: ...iate remedy. Prior to filing the litigation, the parties attempted to informally resolve the matter. To that end, the parties executed the Evidence Exclusion Agreement (“EEA”), which states in pertinent part, 6 “The Parties desire to continue to freely communicate and negotiate with each other without concern that conduct or statements made in the course of such communications and negotiations may be used to support any claim subsequently ...

Excerpt: ...uances of trials are disfavored, 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). Circumstances that may indicate good cause are: (1) The unavailability of an essential lay or expert witness because of death, illness, or other excusable circumstances; (2) The unavailability of a party because of death, il...

Excerpt: ...under CCP § 2030.090 must include a meet and confer declaration under CCP § 2016.040. “A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion .” The Declaration of Amanda Uhrhammer provides evidence that a single email was sent five days (three court 3 days) prior to the motion being filed. The April 11, 2024, email ...

Excerpt: ... common c ount cause of action to collect on a debt. “The only essential allegations of a common count are ‘(1) the statement of indebtedness in a certain sum, (2) the consideration, i.e., goods sold, work done, etc., and (3) nonpayment.'” Farmers Ins. Exchange v. Zerin (1997) 53 Cal.App.4th 445, 460. The complaint contains a statement of the indebtedness of $6,848.02, that money was loaned, that there is an account stated, and that Defenda...

Excerpt: ...il 12, 2024. The C omplaint in this matter names two Defendants: “Adrienne Sherman, individually and dba When Pie Meets Bread” and “When Pie Meets Bread, LLC, a California limited liability company.” The Answer filed by Adrienne Sherman on April 3, 2023 lists “Adrienne Sher man dba When Pie Meets Bread LLC” and “When Pie Meets Bread LLC” as the two named defendants. Any response or evidence to the OSC was to be presented in writt...

Excerpt: ...March 18, 20 24. However, Plaintiff has filed a response to the OSC indicating her confusion regarding the status of this matter and apologizing to the Court for any inconvenience. Much of the Declaration addresses the Plaintiff's failure to appear at the Mandatory S ettlement Conference which took place on March 18, 2024. Although the Plaintiff's failure to be available for the Mandatory Settlement Conference is also disturbing, this is not why...

Excerpt: ...formation and fail to 4 describe the documents sought with the required particularity. Merits of Motion: A party may move for an order quashing a subpoena in its entirety, modifying it or directing compliance. CCP § 1987.1(a). The Court may also make any other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the right of privacy. Id. A party may obtain discovery relat...

Excerpt: ...ed. Merits of Motion. A party has thirty days after service to respond to Form and Special Interrogatories. CCP § 2030.260(a). Not providing a timely response to propounded interrogatories results in a waiver of objections. CCP § 2030.290(a). If a party to who m a discovery request is directed fails to serve a timely response, the party propounding discovery may move for an order compelling a response. CCP § 2030.290(b). Unlike a motion to com...

Excerpt: ...ibing efforts to meet an d confer in good faith. Plaintiffs have provided sufficient evidence of a good faith attempt to meet and confer. Merits. The scope of discovery is broad. Any matter that is admissible evidence or appears reasonably calculated to lead to the discovery of admissible evidence is relevant and subject to discovery. CCP § 2017.010. Any doubts as to the relevance should generally be resolved in favor of permitting discovery. Co...

Excerpt: ...case for $20 0,000. The breakdown of the settlement is: Total Settlement Amount Proposed Attorneys' Fees (35%) $200,000.00 Litigation Costs and Expenses -$66,666.67 -$15,096.58 Settlement Administration Costs PAGA Claim Settlement Allocation Payment to Labor and Work force Development Agency (LWDA) (75%) Payment to Settlement Class Members (25%) - $7,000.00 -$10,000.00 ($7,500.00) ($2,500.00) Proposed Class Representative Enhancement Settlement M...

Excerpt: ...h the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement 2 can be reached that would resolve the objections to be raised in the demurrer.” The Declaration of Monica Folsom along with HCS's Exhibit D show sufficient effo rts made by HCS to meet and confer with Maruti prior to filing the Demurrer Request for Judicial Notice. HCS requests that the Court take judicial notice of the Complai...

Excerpt: ...s served with the Notice of Motion and Motion by mail on April 4, 2024. The Court notes that the party name listed on the proof of service is incorrect, however, both parties in this case have the same address. The Court finds that the motion was properly noticed. No O pposition has been filed. Unlike a motion to compel further responses, a motion to compel responses when no responses have been provided does not require the propounding party to...

Excerpt: ...sted judic ial notice of prior pleadings and rulings. The requests are granted. Defendant's Objections to Plaintiff's Evidence: Defendant's objections are overruled. Motion for Summary Judgment: CCP § 437c states a motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue of material fact and that the moving party is entitled to judgment as a matter of law. “A defendant…has met his or her bu...

Excerpt: ...t to CC P § 2023.030(b). Plaintiff also seeks sanctions of $1,350 pursuant to CCP § 2023.030(a) and 2030.290(c). The Motion is unopposed. On March 22, 2023, Plaintiff served Form Interrogatories, Special Interrogatories, Requests for Production of Documents, and Requests for Admissions to Defendant Bonna Johnson. Her deadline to respond was April 26, 2023. She did not serve responses or request any extensions. On September 13, 2023, Plaintiff �...

Excerpt: ...rty pro pounding interrogatories 1 may move for an order compelling response if the party to whom the interrogatories are directed fails to serve a timely response. Here, Plaintiff served Form Interrogatories – General, Set One on Heather Long on February 5, 2024. Responses to written interrogatories are due within 30 days after service. CCP § 2030.260(a). As of the filing of this Motion on March 29, 2024, no responses have been received by P...

Excerpt: ...osition should hav e been filed and served on April 16, 2024. Plaintiffs object to the Court considering the late Opposition, however, Plaintiffs filed a substantive Reply and made no showing of how receiving the Opposition one day late caused any prejudice to Plaintiffs. The Court exercises its discretion to consider the Opposition and overrules any objection regarding a late Opposition. Meet and Confer. A motion brought under this section mus...

Excerpt: ...r Respo nses to Special Interrogatories, and 3) Motion to Compel Further Responses to Requests for Production. Defendant opposes the Motions. Plaintiff propounded discovery on October 2, 2023, consisting of 19 Requests for Production of Documents, 19 Special Inte rrogatories, and Form Interrogatories – General series 1.0, 2.0, 3.0, and 15.1. After a brief extension, Defendant timely served objections to each of the three sets of discovery on No...

Excerpt: ...requested that judicial notice be taken in the footnotes. The first is in Footnote 1 on page 2 where Defendant requested the Court to take judicial notice that “the American Arbitration Association is one of the largest neutral arbitration services in the Unite d State.” Defendant did not specify under which section of the Evidence Code this request was being made. In Footnote 4 on page 9, Defendant requests the Court take judicial notice of...

Excerpt: ...ain.” CCP § 430. 10(f). A demurrer for uncertainty will be sustained only where the complaint is so bad that defendant cannot reasonably respond —i.e., he or she cannot reasonably determine what issues must be admitted or denied, or what counts or claims are directed again st him or her. Khoury v. Maly's of Calif., Inc. (1993) 14 Cal App.4th 612, 616). A demurrer can be used to challenge defects that appear on the face of the complaint o...

Excerpt: ...olicy in fav or of enforcing arbitration agreements. 9 U.S.C. § 1 et seq. The FAA applies to any written arbitration agreement in a contract evidencing a transaction involving interstate commerce. AlliedBruce Terminix Companies, Inc. v. Dobson (1995) 513 U.S. 25, 277 . A party seeking to enforce an arbitration agreement has the burden of showing FAA preemption. (Woolls v. Superior Court (2005) 127 Cal.App.4th 197, 211.) For example, a petitioner...

Excerpt: ...ught the lo an and deed of trust in August 2016, and currently owns the mortgage note and deed of trust. The Cadle Company services the loan for BBR Investments LLC. The Cadle Company moves for summary judgment or in the alternative summary adjudication. The motion is unopposed. Merits: The party moving for summary judgment bears the initial burden to make a prima facie showing that there are no triable issues of material fact. Aguilar v. Atlanti...

Excerpt: ...tter will be continued to permit Petitioner to address these defects. Merits: Currency that is “furnished or intended to be furnished by any person in exchange for a controlled substance” or used or intended to be used to facilitate particular provisions of the Health and Safety Code are subject to seizure and forfeiture. Health and Safety Code § 11470. The judicial and/or administrative procedure for forfeiture is laid out generally in Heal...

Excerpt: ...d Confer: CCP § 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 John Kenny states sufficient facts to meet this requirement. Merits: A demurrer should be sustained if the complaint fails to “...