Excerpt: ...this portion of his claim. For the reasons set forth below, the motion is GRANTED. PRELIMINARY MATTERS Because the evidence objected to is immaterial to the Court's ruling, the Court declines to rule on the parties' evidentiary objections. However, the Court must comment on Disney's “Objections to Purported Evidence Submi tted by Plaintiff in Support of His Separate Statement of Undisputed Material Facts,” which are included in Disney's reply...

Excerpt: ...tice is submitted, a redline showing all changes, deletions an d additions must be submitted as well. In addition, please provide proof of service of any revised agreement on the LWDA. As to the Settlement: 1. Please provide copies of Plaintiffs' pre -filing letters to the LWDA. 2. Please provide proof of service o f the original settlement papers on the LWDA. Paragraph V of the agreement requires Plaintiffs to serve the LWDA, but the proof of s...

Excerpt: ...led a statement that would file an amended answer by the hearing date. As of the day before the hearing, the Court has no record of the amended answer having been filed. The Court takes Defendant's failure to oppose the demurrer as a concession, and on that basis sustains the demurrer. Defendant shall file an amended answer by April 2, 2024. For a complete record, Defendant shall also file by April 2 its original answer as no such filing can be f...

Excerpt: ...d on Defendant Beverly Mitchell; Request for Monetary Sanctions Against Beverly Mitchell in the Amount of $1,560.00 ROA 832 3. Plaintiff Zenith Insurance Company's Notice of Motion and Motion to Compel Responses to Requests for Productions, Set One Propounded on Defendant Beverly Mitchell; Request for Monetary Sanctions A gainst Def endant Beverly Mitchell in the Amount of $1,560.00 ROA 833 Zenith Insurance Company has filed three motions co...

Excerpt: ...edline showing all changes, deletions and additions must be submitted as well. In addition, please provide proof of service of any revised agreement on the LWDA. As to the Settlement: 1. Please provide copies of all PAGA notice letters sent by Plaintiff to the LWDA. 2. Per a notice of related cases, there are two cases in Los Angeles titled Garibaldo vs. Ware Disposal, Inc. that are related to this matter. How will this settlement affect the Gari...

Excerpt: ...is GRANTED. The Reeds are ordered to file and serve t he FAXC (Rubin Decl., Ex. A) by March 22, 2023. The Court finds no prejudice will result from consideration of Azadian's untimely opposition. GROUNDS FOR RULING A court “may, in the furtherance of justice . . . allow a party to amend any pleading.” (CCP § 473(a)(1).) “[C]ourts are bound to apply a policy of great liberality in permitting amendments to the complaint at any stage of the...

Excerpt: ...ed, a redline version showing all changes, deletions and additions must be submitted as well. In addition, Plaintiff must provide proof of service of any revised settlement agreement and supplemental papers on the LWDA. 1. In a supplemental declaration, Plaintiffs' counsel Millay Kogan states tha t no depositions were taken. But the prior declaration of Plaintiffs' counsel Vincent Granberry says Plaintiffs' depositions were taken. (ROA 131, ¶ 12...

Excerpt: ...dant argues this case should be stayed in favor Gates, an earlier -fil ed action also pending in this department. It argues first that the case should be abated and second that the Court should exercise its discretion to stay this case. I. Abatement Defendant's argument for abatement conflates two separate concepts: the plea in abatement and the rule of exclusive concurrent jurisdiction. The Court considers each in turn. A. Plea in Abatement �...

Excerpt: ...posed request for judicial notice is GRANTED. I. Background This case, file d in 2022, is a wage-and -hour class action involving the non- exempt employees of Herbalife Manufacturing, LLC. Suri Figueroa, the sole remaining plaintiff in the operative Second Amended Complaint (2AC), brings the following claims: (1) minimum wage violat ions, (2) overtime violations, (3) meal break violations, (4) rest break violations, (5) sick time violations, (6)...

Excerpt: ...tted, a redline showing all changes, deletions and addi tions must be submitted as well. In addition, Plaintiff must provide proof of service of any revised settlement agreement and supplemental papers on the LWDA. As to the Settlement: 1. Please provide a copy of Plaintiff's pre -filing letter to the LWDA. 2. Are the parties aware of any actions, whether individual, class, or PAGA (including in the pre -filing LWDA stage) that may be affected ...

Excerpt: ...f the Eighth Cause of Action in Plaintiff's Complaint ROA 186 Before the Court are two dem urrers to the complaint of Plaintiff Glenn Knott, as well as a motion to strike. Defendants Albertsons Companies, Inc. and The Vons Companies, Inc. (collectively, “Vons”) demur to the class allegations in Knott's complaint on the ground that the class clai ms (but not Plaintiff's individual claims) are barred by a class settlement in an action file...

Excerpt: ... move to seal the following exhibits to the decla ration of Yvette Golan: 1. Exhibit AN: an email from Chapman's disability services office to plaintiff Findlay Grant informing him of accommodations the school will provide in response to his January 2020 request. 2. Exhibit BN: an email from Chapman's pr esident Daniele Struppa to the Chapman community announcing a phased return to campus in October 2020. 3. Exhibit BP: an email from Struppa to t...

Excerpt: ...D pending completion of arbitration. An arbitration review conference will take place in Department CX -101 on November 18, 2024 at 8:30 a.m. Because no prejudice will result from consideration of Plaintiff's untimely, overlong opposition papers, the Court has elected to consider them. EVIDENTIARY MATTERS I. Plaintiff's Initial Objections A. Monica Stombaugh 1. Overrule. 2. Sustain on foundation grounds to the extent she testifies Plaintiff sign...

Excerpt: ... is DENIED. EVIDENTIARY MATTERS The Court incorporates by refe rence the portion of its prior tentative ruling regarding Best Buy's evidentiary objections. The Court DENIES Best Buy's request for judicial notice (ROA 179) as unnecessary. GROUNDS FOR RULING While the Court originally sought further briefing and evidence on the issue of whether Best Buy's counsel actually received an invoice from AAA by email on September 7, 2023, the Court ultima...

Excerpt: ... the contract under which JAS Pacific performed services for the City. (Evid. Code § 452(h).) In addition, JAS Pacific has attempted to introduce new evidence on reply. The Court has not considered this evidence. (See Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1538 [“The general rule of motion practice, which applies here, is that new evidence is not permitted with reply papers.”].) GROUNDS FOR RULING I. Background This is one of three r...

Excerpt: .... A joint status conference statement shall be filed on or before May 23, 2024. Defendant's unopposed request for judicial notice is GRANTED. I. Background As al leged in the complaints, Plaintiffs are tenants at apartment complexes in Santa Ana managed by Advanced Management Company. Plaintiffs allege the apartment complexes are subject to the Santa Ana Rent Stabilization and Just Cause Eviction Ordinance (“Ordinance,” codified at Santa An...

Excerpt: ...n May 30, 2024 at 9:00 a.m. A joint status conference sta tement shall be filed on or before May 23, 2024. Defendant's unopposed request for judicial notice is GRANTED. I. Background As alleged in the complaints, Plaintiffs are tenants at apartment complexes in Santa Ana managed by Advanced Management Compan y. Plaintiffs allege the apartment complexes are subject to the Santa Ana Rent Stabilization and Just Cause Eviction Ordinance (“Ordinanc...

Excerpt: ...y on the bond. Olen's unopposed request for judicial notice is GRANTED. Olen 's objections to TPG's evidence are OVERRULED. TPG's objections to the Declaration of John G. McClendon are SUSTAINED inasmuch as the entire Declaration is not relevant to the Court's ruling. I. BACKGROUND This lawsuit alleging CEQA and other violations and a second lawsuit alleging violations of certain CC&Rs stem from TPG's plans to build a 312 -apartment complex (the ...

Excerpt: ...pondent California Coastal Commission (“Commission”) demurs to the first amended petition (FAP) of Petitioner Friends of Newport Harbor. The demurrer is apparently joined by Real Party in Interest City of Newport Beach. The City has already answered the FAP, and it identifies no authority permitting a party that has already filed an answer to join ano ther party's demurrer. However, because the City seeks no relief on its own behalf (askin...

Excerpt: ...24 at 8:30 a.m. in Department CX-101. GROUNDS FOR RULING I. Background Plainti
¯ Þled this class action/PAGA lawsuit on December 29, 2022. On October 23, 2023, a Þrst amended complaint (FAC) was Þled per stipulation of the parties. The FAC also is a class action with a PAGA component. Despite these pleadings, Plainti
¯'s opposition to the motion to compel arbitration refers to his lawsuit as “PAGA- only action.” (Opp. p. 2) He makes no r...

Excerpt: ...st to compel arbitration. Plainti
¯'s individual claims and the individual portion of Plainti
¯'s PAGA claim are to be arbitrated on an individual basis. 2. The motion is DENIED WITHOUT PREJUDICE as to the request to dismiss the remainder of the action, i.e., the representative portion of Plainti
¯'s PAGA claim. This portion of the case is STAYED pending the resolution of Plainti
¯'s individual arbitration. An arbitration review conference wi...

Excerpt: ...tted, a redline version showing all changes, deletions and additions must be submitted as well. In addition, Plainti
¯ must provide proof of service of any revised settlement agreement and supplemental papers on the LWDA. Preliminary Matters Plainti
¯'s request for judicial notice (ROA 80) is GRANTED, but only as to the existence of the exhibits, not to the truth of anything asserted therein. (Evid. Code § 452(d).) As to the Settlement: 1. The...

Excerpt: .... In the alternative, Travelers moves for summary adjudication of each cause of action in LaBarre's Third Amended Cross-Complaint (3AXC). For the reasons set forth below, the motion for summary judgment is GRANTED. EVIDENTIARY MATTERS A. LaBarre's Objections to the Declarations of Shadie Maghareh and Shryl Anderson All objections are overruled. B. Travelers' Objections to the Declaration of Neal Bordenave Objections 1-5, 8-13, and 15-17 are overr...

Excerpt: .... In the alternative, Travelers moves for summary adjudication of each cause of action in LaBarre's Third Amended Cross-Complaint (3AXC). For the reasons set forth below, the motion for summary judgment is GRANTED. EVIDENTIARY MATTERS A. LaBarre's Objections to the Declarations of Shadie Maghareh and Shryl Anderson All objections are overruled. B. Travelers' Objections to the Declaration of Neal Bordenave Objections 1-5, 8-13, and 15-17 are overr...

Excerpt: ...im STAYED pending completion of the arbitration. An arbitration review conference will take place on September 30, 2024 at 8:30 a.m. in Department CX-IOI. Plaintiff's objections to the Declaration of Salah Ali are OVERRULED except for objection no. 1 which is SUSTAINED. Defendants' initial request for judicial notice is DENIED as these rulings are not relevant. Defendants' supplemental request for judicial notice is GRANTED. 1. BACKGROUND Plainti...