Excerpt: ...t breaks; (5) final pay; as well as (6) violation of the unfair competition law. The FAC adds causes of action for (7) failure to provide accurate, itemized wage statements; as well as (8) civil penalties pursuant to the California Private Attorneys General Act (PAGA). The Court deemed that FAC as filed on September 6, 2023. The proposed settlement would have Plaintiff represent all current and former non-exempt employees working for Defendant in...

Excerpt: ...hat Defendant Mays has not established any legal basis to vacate the judgment. Under Code Civ. Proc. S 683.170, subd. (a), "[t]he renewal of a judgment pursuant to this article may be vacated on any ground that would be a defense to an action on the judgment, including the ground that the amount of the renewed judgment as entered pursuant to this article is incorrect, and shall be vacated if the application for renewal was filed within five years...

Excerpt: ...tiff experienced various defects that substantially impair the use, value and/or safety of the Subject Vehicle. (Complaint '1 6.). It is also alleged that the defects violate the express written warranties issued to Plaintiff by Defendant manufacturer, as well as the implied warranty of merchantability. (Complaint 7.) The Plaintiff's operative Complaint alleges four causes of action against Defendant: (1) Breach of Written Warranty Pursuant to th...

Excerpt: ...2/31/20); (3) Flowers v. unica' Aviation, Inc. (CIVSB2108699, filed 3/30/21); and, the Flowers companionate claim to recover attorneys' fees for an abandoned arbitration, (4) Flowers v. Unical Aviation, Inc. (CIVSB2106366, filed 5/27/21). In essence, these cases allege: (1) Unpaid overtime; (2) meal period violations; (3) rest period violations; (4) unpaid minimum wages; (5) final pay violations; (6) untimely pay; (7) inaccurate payroll records; ...

Excerpt: ...), but made no other substantive changes to the filing. The Plaintiff's First Amended Complaint (FAC) alleges Plaintiff consulted with Defendants as to her medical and cosmetic concerns. Plaintiff was to receive a neck lift, laser skin resurfacing treatment and platelet-rich plasma therapy on her scalp to promote hair growth. The FAC further alleges that, subsequent to the procedures, Plaintiff experienced pain and discoloration to her lower face...

Excerpt: ...n), San Bernardino County (County of San Bernardino), and San Bernardino County Sheriff's Department. On September 18, 2023, the Court (Judge Keh) sustained a demurrer to the original complaint with leave to amend. The Court also took a concurrently filed moton to strike punitive damages off calendar as moot. On September 25, 2023, Plaintiff filed his operative first amended complaint (FAC) alleging causes of achon for (1) negligence; and (2) bat...

Excerpt: ...0596 CASE BACKGROUND This litigation arises out of the fallout in the purchase of commercial property with misappropriation of confidential work product. On July 12, 2019, Plaintiffs Adrian Comstock ("Adrian"), Comstock Realty Partners, LLC ("CRP"), and Comstock Realty Partners l, LLC ("CRP l") [collectively "Comstock"] filed their Complaint against Penwood Real Estate Investment Management, LLC and Penwood Select Industrial Partners VI, LP. [col...

Excerpt: ...litigation arises out of the fallout in the purchase of commercial property with misappropriation of confidential work product. On July 12, 2019, Plaintiffs Adrian Comstock ("Adrian"), Comstock Realty Partners, LLC ("CRP"), and Comstock Realty Partners l, LLC ("CRP l") [collectively "Comstock"] filed their Complaint against Penwood Real Estate Investment Management, LLC and Penwood Select Industrial Partners VI, L.P. [collectively "Penwood"l. Wit...

Excerpt: ...ok and account stated. Defendant filed an answer with a general denial on June 22, 2023. This motion followed on September 14, 2023. No opposition has been filed. Summary of the Law Summary judgment is proper where there is no triable issue as to any material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., S 437c(c).) The analysis requires three steps: First, the court must identify of the issues framed wit...

Excerpt: ... to constitute a valid cause of action pursuant to Code of Civil Procedure sectons 430.10, subdivision (e). Sufficiency of Factual Allegations: Ford argues that Plaintiffs' cause of action for violation of Business and Professions Code section 17200 et seq. (LJCL) is inadequately pled because they do not provide any factual allegations to support their claim that Ford's "business practices" are unfair, unlawful, or fraudulent under Business and P...

Excerpt: ...jections are OVERRULED. As to the Motion for Joinder: The Court would GRANT ABP's motion for joinder. As to the Motion to Compel Arbitration: The Court would GRANT the motion to compel arbitration of Plaintiff's Eighth through Thirteenth Causes. The Court would STAY the remainder of the action (First through Seventh Causes) pending completion of arbitration. Case Summary This is largely a disability discrimination and wrongful termination case. I...

Excerpt: ...trate that "the settlement is fair, adequate and reasonable." (Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 126; Reed v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of the plaintiffs' case, the risk, the expense, complexity and ...

Excerpt: ...ailed to repurchase the vehicle. At issue today is Plaintiff's motion to compel further responses to his request for production of documents. On July 7, 2023, Plaintiff propounded the initial set of written discovery, which includes the Request for Production of Documents ("RFP") at issue. Plaintiff sought documents regarding his vehicle (RFPs ## 1-15), KIA'S policies and procedures for handling Song-Beverly Act cases (RFPs 16-23), KIA'S warranty...

Excerpt: ...as well as (9) violation of the unfair competition law. The complaint alleged a class of hourly, non-exempt employees working as service representatives, tellers, and related positions. On April 26, 2022, Plaintiff filed a First Amended Complaint (FAC) to add a cause of action for civil penalties pursuant to the Private Attorneys General Act (PAGA). Relevant here, on September 13, 2022, Defendant moved to compel arbitration as to the individual a...

Excerpt: ...atment. Plaintiff's complaint includes four causes of action: (1-2) breach [and intentional breach] of warranty of habitability; (3) premises liability; and (4) negligence. Now at issue is Defendants' moton to strike Plaintiff's punitive damages claims. Plaintiff filed a timely opposition. Defendants filed a reply (two days late). This motion was initially scheduled for hearing on November 13, 2023. However, on November 8th, the Court (Judge Keh)...

Excerpt: ...filed a complaint, alleging a single cause of action for medical malpractice. Statement of the Law California Rules of Court, rules 2.550 and 2.551, discuss sealing court records. A court order is required to seal a record. (Rules of Court, rule 2.551(a).) Code of Civil Procedure, secton 124, and Rules of Court, rule 2.550(c), set the basic policy presumption that "the sittings in every court shall be public" and court records are "presumed to be...

Excerpt: ...Cal.App.2d 366, 370-371 states: A moton to strike a complaint is permitted under section 435 of the Code of Civil Procedure, which provides in relevant part that "The defendant, within the time required in the summons to answer, ... may serve and file a notce of motion to strike the whole or any part of the complaint.... If defendant serves and files such a notice of moton without demurring, his time to answer the complaint shall be extended... (...

Excerpt: ...se for Invasion of Privacy, against the District. The Court would OVERRULE as to the First Cause for Intentional Infliction of Emotional Distress (IIED). As to the Motion to Strike: As a result of the preceding ruling on demurrer, the District's motion to strike is rendered MOOT. Defendant District will file its Answer within thirty (30) days and provide notice of the final ruling in this matter. Case Summary At essence, this is a putative class ...

Excerpt: ...cted categories. Plaintiff Vasek further contends he was denied protected leave. Plaintiff Pellis alleges he was subjected to comments about his sexual orientation, race, and national origin. Plaintiffs further allege that they were retaliated against for their complaints. As a result, they filed suit against Defendant City on December 1, 2022. The operative first amended complaint (FAC) was filed as a matter of right on May 17, 2023. The FAC con...

Excerpt: ...s employer's representatives subjected him to racial slurs and comments and that he was denied raises and promotions. He further alleges that his employer failed to accommodate his disability. Finally, he alleges that he was subjected to a number of wage-and-hour violations, including but not limited to denial of meal and rest periods. On May 27, 2021, he filed a complaint alleging (1) disparate treatment; (2) racial discrimination; (3) disabilit...

Excerpt: ... (UDFS 1804483), Hermenegildo Vicente (Decedent) alleged Vanessa Vasquez and Fidencio Vicente (collectively, Plaintiffs) failed to pay rent for the Premises. Six days later, Plaintiffs commenced a civil achon (CIVDS 1820349) alleging causes of action for: (1) declaratory relief; (2) quiet title; (3) injunctive relief; and (4) willful misconduct. The actions were consolidated and the unlawful detainer action was stayed.l Plaintiffs, along with Ber...

Excerpt: ...Cal.App.4th 116, 126; Reed v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of the plaintiffs' case, the risk, the expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount ...

Excerpt: ... head into the pavement, and caused injuries. As a result, Cervantes filed suit on July 21, 2022 against Stater Bros. for (1) respondeat superior liability, (2) battery, (3) assault, (4) false imprisonment, (5) excessive force, (6) negligent hiring, retention, and supervision, (7) negligence, (8) negligent infliction of emotional distress, and (9) intentional infliction of emotional distress. In response to the lawsuit, Stater Bros. denied the al...

Excerpt: ...l injury action on August 22, 2022, and the summons was issued and filed on October 6, 2022. The complaint was served on defendant on January 21, 2023. Defendant's answer was filed March 15, 2023. The defendant now seeks leave to file and serve a Crosscomplaint for indemnity, contribution and declaratory relief. Ostensibly, Defendant/crosscomplainant Rodriguez is seeking indemnity or contribution from plaintiff/Cross-Defendant Keren Fiore in the ...

Excerpt: ...nst Cross-Defendant Modernize: (1) breach of contract and (2) breach of covenant of good faith and fair dealing. Cross-complainant also prays for "punitive damages according to proof". Cross-Defendant demurs to both causes of action and moves to strike the punitive damage prayer. Demurrer to First Cause of Action — Breach of Contract: The basis of the Cross-Defendant's demurrer to the first cause of action is that Crosscomplainant failed to att...