Excerpt: ...es and $357.29 costs. The remaining $8742.71 will be placed in a single-premium annuity for Brian, Arturo, and Jackyra and in a blocked account for Louie, Jimmy and Remy. Lilia Lara, 3, has the same symptoms with the addition of exacerbation of her asthma. She will receive $15,500 less $4650 attorney fees and $426 costs. The remaining $10,424 will be placed in a single-premium annuity. Of the adult plaintiffs, Betty Nava and Maria Morales will ea...

Excerpt: ... (1994) 21 Cal.App.4th 904.) Defendant is aware it cannot represent itself and has chosen to end representation. Defendants cannot be forced to accept an attorney not of their choosing in a civil case. While there is some prejudice as the corporations cannot appear without counsel, the prejudice is of Gilbert's own choosing. Counsel cannot be required to continue defending against the action when defendants do not want him to do so. The motion is...

Excerpt: ...eLement as they breached <019a015d01280128000301 017600030011018c017dLwn v. Dillard's, Inc. (9th Cir., 2005) 430 F.3d 1004. In that case, there was an agreement for all disputes to be resolved in arbitration. Plaintiff filed a notice of intent to arbitrate her wrongful termination claim. Dillard's refused to arbitrate, stating that Plaintiff's case was meritless. Plaintiff filed her claim in state court. Dillard's removed the action to federal co...

Excerpt: ...o represent him in purchasing the land. There were negotiations and agreements, and Jaffe alleged Albertson also promised him a commission if the sale was completed. There was never a signed, written purchase agreement, and the sale broke down. Jaffe and Gottlieb sued. American‐Hawaiian purchased the property, and sued for declaratory relief. The cases were consolidated for trial. Trial was trailed on the Gottlieb and American‐Hawaiian cases ...

Excerpt: ...Packaging, Inc. and High Dream Machinery LLC. It is signed by Brad Ducorsky, with “Ohlson Packaging” printed under his name. There is an acceptance box signed by Plaintiff. The forum selection provision states: “The laws of The United States and Slate of Massachusetts shall govern any disputes arising out of the contract and its conditions. Subject to MA. Stats. Ch, 788 and the rules of the American Arbitration Association, all disputes bet...

Excerpt: ...7. In contrast, the discovery at issue covers acts occurring throughout the entire state of California over a ten year period. The complaint does not allege disparate impact of any policy and there are no allegations of a pattern and practice of discrimination based on disability, perceived disability or taking a protected leave. Moreover, as to request numbers 86 and 87, there is no temporal connection made in the request between taking a leave ...

Excerpt: ...l arbitration, trial courts must decide first whether an enforceable arbitration agreement exists between the parties, and then determine the second gateway issue whether the claims are covered within the scope of the agreement. (Omar v. Ralphs Grocery Co. (2004) 118 Cal.App.4th 955, 961.) In support of the motion, Defendant submits an acknowledgement dated November 17, 2016, which states that Plaintiff submitted her application to Anthem, Inc. a...

Excerpt: ....4th 1122, 1141-1142.) David has argued that an attorney of West's experience should not have prepared and argued the motion, but should have supervised a less-experienced attorney. He provides no authority for that position, and the Court knows of no such authority related to a special motion to strike. The Court has reviewed the billing records submitted by Khan. A reasonable fee for the special <00030037004b004c005600 005600030057004c0050>e fo...

Excerpt: ...ithin 20 days. Discussion When a motion to expunge a lis pendens is filed, the burden is on the opposing party to show that the complaint contains allegations of a real-property claim, and to show the probable validity of the claim based upon a preponderance of evidence. (CCP §§ 405.32, 405.31, 405.30; Howard S. Wright Construction Co. v. Superior Court (2003) 106 Cal. App. 4th 314, 319.) “[T]he court shall order that the notice be expunged i...

Excerpt: ...of $1,380, payable within 20 days. 2. Plaintiff's Motion to Compel Further Responses to Request for Production of Documents (set two), numbers 31-46, and for $1,140 in Sanctions is DENIED. Special Interrogatories Plaintiff moves to compel further responses on grounds of evasive responses and meritless objections. (Code Civ. Proc., § 2030.300, subd. (a)(1, 3).) Defendants served supplemental responses without objections. It is not clear whether t...

Excerpt: ...scienter'); (c) intent to defraud, i.e., to induce reliance; (d) justifiable reliance; and (e) resulting damage.” (Charnay v. Cobert (2006) 145 Cal.App.4th 170, 184.) In California, fraud, including negligent misrepresentation, must be pled with specificity. (Small v. Fritz Companies, Inc. (2003) 30 Cal.4th 167, 184.) “The particularity demands that a plaintiff plead facts which show how, when, where, to whom, and by what means the representa...

Excerpt: ...e hearing on the motion. Trial courts do not have authority to shorten the 75-day minimum notice period for summary judgment hearings; considering that a motion for summary judgment is potentially case dispositive and usually requires considerable time and effort to prepare, it is perhaps the most important pretrial motion in a civil case. (McMahon v. Superior Court (2003) 106 Cal. App. 4th 112, 115-116.) Even if the court were inclined to hear t...

Excerpt: ...ne Action”); BC683678 (“FAI Action”); and TC028895 (“UD Action”) for all purposes. Plaintiff filed a Notice of Related Cases regarding these cases on February 16, 2018. These actions were found related and assigned to this Department on March 21, 2018. Plaintiff has thus satisfied LASC Rule 3.3(g). The Court finds it is appropriate to consolidate the Hawthorne Action and FAI Action. Both actions involve agreements with Triple Green to p...

Excerpt: ... outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement.” CCP § 664.6. The trial court may enter judgment pursuant to a stipulated agreement to settle in one of two ways: (1) in a writing signed by the parties; or (2) by oral agreement made “before the <00170057004b0003001a00 00140015001100030003[If, however,...

Excerpt: ...SION First Cause of Action for Breach of Fiduciary Duty In the prior Court order, the Court found that Plaintiffs' allegations were sufficient to state a cause of action for breach of fiduciary duty as asserted by Plaintiffs as individuals. However, the Court sustained the demurrer to this cause of action as brought by Plaintiffs on behalf of the Trust and IRA because there are insufficient facts showing that Plaintiffs' investments were made on ...

Excerpt: ...er Plaintiff removed the prayer list and replaced it with a different list, and whether Plaintiff's arrest was a citizen's arrest. DISCUSSION ISSUE NO. 1: The first cause of action for violation of the Bane Civil Rights Act (Civil Code section 52.1) is without merit. A violation of the Bane Act requires defendant's actual, or attempted, threats, intimidation, or coercion; interference with plaintiff's exercise or enjoyment of a constitutional or ...

Excerpt: ...admission within 20 days. Defendant Nasir Yasheh and its attorney Kaplan, Kenegos & Kadin, jointly and severally, are order to pay plaintiff sanctions of $2310 within 30 days. DISCUSSION: Plaintiff has combined multiple motions into a single motion. Each written discovery request, such as special interrogatories, set one, and request for production, set one, should have its own motion to compel further, unless the discovery requests and responses...

Excerpt: ...h the claims presentation requirements of Civil Code section 905. Plaintiffs argue that the claims fall within an exception to the code section: “(e) Applications or claims for any form of public assistance under the Welfare and Institution Code or other provisions of law relating to public assistance <01c0015d0190015d017d01 011e018c000301020190Lsistance rendered for or on behalf of any recipient of any form of public assistance.” <010f011e00...

Excerpt: ...review of plaintiff's filed motions in limine establish that plaintiff has prepared for a trial by jury. The cross‐complaint contains a demand for trial by jury. Although the cross‐complaint was later dismissed, the demand was made. Defendant Hudson made the jury deposit one day after the trial was set. It was untimely, but apparently defendants were not aware it was untimely. By the time the Goldsbys appeared in the action, it appeared that ...

Excerpt: ... to be awarded by motion. The court finds the hourly rates requested are reasonable and within the rates charged in the community. However, hours spent in legal secretarial work is not recoverable, as that is part of the office overhead which goes into the hourly rate. (Fairchild v. Park (2001) 90 Cal. App. 4th 919, 930.) The hours spent include some which appear duplicative or unnecessary. The court is inclined to reduce the requested award to $...

Excerpt: ...int Defendants argue that the complaint exceeds the scope of plaintiff's DFEH claim and compensation letter to the City. The administrative claims stated only discrimination and retaliation, and not harassment or failure to prevent discrimination, harassment or retaliation. Regarding exhaustion of administrative remedies, ‘what is submitted to the DFEH must not only be construed liberally in favor of plaintiff, it must be construed in light of ...

Excerpt: ...lan Fox shall be completed within 20 days and Fox is ordered to produce all responsive documents, without objection. The parties are ordered to meet and confer to set a date and time for the deposition. If the parties are not able to agree on a date, Plaintiffs may unilaterally set a date for deposition. The Court requests counsel come to the hearing prepared to discuss whether the appointment of a discovery referee is appropriate for this case. ...

Excerpt: ...Civil Procedure section 1013.” (Cal. Rules of Court, rule 3.1700(b)(1).) In this case, the Entity Defendants served their Memorandum of Costs on Plaintiffs on October 25, 2017, by mail. Accordingly, Plaintiffs' motion should have been filed and served by November 15, 2017. Plaintiffs filed their Motion to Strike Costs on November 13, 2017. However, the proof of service attached to the motion to strike costs does not show the Entity Defendants w...

Excerpt: ...nied. Motion to Set Aside Default Rule 3.1702(b)(1) of the California Rules of Court provides that a motion for attorney's fees incurred “for services up to and including the rendition of judgment in the trial court . . . must be served and filed within the time for filing a notice of appeal under rules 8.104 and 8.108 in an unlimited civil case.” Rule 8.104(a)(1) provides that a notice of appeal must be filed on or before 60 days after servi...

Excerpt: ...ty Defendants. Defendants County of Orange, Robert Ervais, Lucille Lyon, and Kevin Smith's demurrer to First Amended Complaint is SUSTAINED without leave to amend. Request for Judicial Notice The Judicial Branch Defendants request judicial notice of the August 29, 2017 Supreme Court of California Order assigning the Hon. Ronald P. Kreber, Retired Judge of the Superior Court of California, County of Orange to sit as a Judge of the Superior Court o...