Excerpt: ...pondent City of Laguna Beach, and Real Party in Interest (RPI) 1902 Ocean Way, LLC. The City and RPI elected to file a joint supplemental brief. Upon review of all filings related to Petitioners' motion for a preliminary injunction, the motion is DENIED. I. Factual and Statutory Background This is a CEQA challenge to the City's adoption of its new Historic Resources Element, part of its overall updated Historic Preservation Program. As described ...

Excerpt: ...entative portion of that claim is stayed pending completion of arbitration. Plaintiff's evidentiary objections are OVERRULED. At the hearing, the parties should be prepared to discuss whether the companion class action, No. 22-01259919, must be stayed under CCP § 1281.4. An arbitration review conference is scheduled for April 30, 2024 at 8:30 a.m. in Department CX-101. GROUNDS FOR RULING I. Prior Briefing Defendants moved to compel individual ar...

Excerpt: ...discussed in Uribe v. Crown Building Maintenance Co. (2021) 70 Cal.App.5th 986, Uribe's 2016 pre-filing letter to the LWDA did not exhaust administrative remedies regarding cell phone reimbursement. As a result, the Court of Appeal overturned Judge Sanders' approval of the parties' PAGA settlement, which had the effect of nullifying the entire settlement agreement. Uribe filed an amended letter with the LWDA on June 24, 2022. (Alizadeh Decl., Ex....

Excerpt: ...ail on the merits of its case at trial, and (2) the interim harm that the plaintiff is likely to sustain if the injunction is denied as compared to the harm that the defendant is likely to suffer if the court grants a preliminary injunction.'” (Take Me Home Rescue v. Luri (2012) 208 Cal.App.4th 1342, 1350.) The party seeking injunctive relief bears the burden of proof. (O'Connell v. Superior Court (2006) 141 Cal.App.4th 1452, 1481.) The first e...

Excerpt: ...mitted, a redline showing all changes, deletions and additions must be submitted as well. Preliminarily, the moving papers were not accompanied by declarations attesting to any of the factual claims made in the moving papers or authenticating the documents attached to the moving papers. The Court cannot make the factual findings necessary for preliminary approval without admissible evidence. (This includes not only the additional information requ...

Excerpt: ...ial notice is GRANTED. On its own motion, the Court will take judicial notice of its dismissal order in Plaintiff's related class action, i.e., Cabrera v. Premier Contractors, Inc., 22-01268395. (Evid. Code § 455(a).) 2. Background Currently this is a PAGA-only matter involving the non-exempt employees of Defendant, a construction company that employed Plaintiff Cabrera as a drywall installer. Per the operative complaint (ROA 2), the predicate L...

Excerpt: ...ecause Plaintiff has not had an opportunity to address the evidence that Magnit is the successor by merger to Pro Unlimited, Inc., the Court, upon the request of Plaintiff, will continue the motion to September 15, 2023 at 9:00 a.m. in Department CX104 to allow Plaintiff to file the supplemental brief discussed below regarding the relationship between Magnit and PRO Unlimited, Inc. The supplemental brief, which should be limited to this single is...

Excerpt: ...ed wrongful retention of premiums charged during the COVID-19 pandemic, when miles driven plummeted, but Mercury charged rates (previously approved by the Insurance Commissioner) based on pre- pandemic driving levels. (CC ¶ 2.) In 2020, Mercury refunded a portion of those premiums through billing credits at the direction of the Commissioner. (CC ¶¶ 9-12.) In a March 2021 bulletin, the Commissioner directed California automobile insurers to ref...

Excerpt: ...nd structural engineering services for the project. Eidelstein contends the project was defectively constructed in various ways, and he has brought suit against several parties involved in the construction. As against Desai, he brings claims for breach of contract (the fourth cause of action) and professional negligence (the fifth cause of action). Desai demurs to the negligence claim. Desai's argument is straightforward. Eidelstein's negligence ...

Excerpt: ...er CCP § 1032. Recoverable costs are set forth in CCP § 1033.5, which defines allowable, non-allowable and discretionary costs. (Id., § 1033.5(a), (b), (c)(4).) Allowable and discretionary costs may be recovered only if “reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation.” (Id., § 1033.5(c); see also Ladas v. California State Auto Assn. (1993) 19 Cal.App.4th 761, 774.) Othe...

Excerpt: ...from the prior denial of their motion for leave to file a Third Amended Complaint (3AC), and (2) the County Defendants' demurrer to Plaintiffs' 2AC. The Court denied the § 473 motion and largely sustained the demurrer without leave to amend. (A single claim for battery remains.) The proposed order filed with the moving papers refers to “[t]he motion of Plaintiffs for an order requesting reconsideration from the Court's order of June 23, 2023 a...

Excerpt: ...seek a stay of this action based on (1) a plea in abatement, (2) the rule of exclusive concurrent jurisdiction, and (3) the Court's inherent power. They also argue Knott fails to plead facts sufficient to state a PAGA claim insofar as his PAGA claim is based on alleged violation of the Equal Pay Act. Defendant Kevin Curry contends Knott fails to state facts sufficient to constitute a cause of action against him, both because Knott does not plead ...

Excerpt: ..., LLC. In the alternative, Travelers moves for summary adjudication of each cause of action in LaBarre's Second Amended Cross-Complaint (2AXC). For the reasons set forth below, the motion is DENIED. EVIDENTIARY MATTERS A. LaBarre's Objections to Travelers' Evidence All objections are overruled. B. LaBarre's Objections to Travelers' Separate Statement Objections are properly raised to evidence, not facts in a separate statement. Objections cannot ...

Excerpt: ...elow, the motion is GRANTED as to special interrogatories 2-11 and 14 and otherwise DENIED. Plaintiff's request for sanctions is DENIED. GROUNDS FOR RULING I. SIs 1, 23-24, 26 KVS's responses to 1, 23-24, and 26 all close by saying that KVS has no aggrieved employees. This would ordinarily be an improper response, but Plaintiff's definition of “aggrieved employees” isn't along the ordinary lines of “all non-exempt employees.” Per the inst...

Excerpt: ...2023. If a revised settlement agreement and/or class notice is submitted, a redline showing all changes, deletions and additions must be submitted as well. In addition, Plaintiffs must provide proof of service of any revised settlement agreement and supporting papers on the LWDA. As to the Settlement: 1. The Court understands the parties' desire to adjust the class period to more closely correspond to their expectations when they originally reach...

Excerpt: ...is individual claims are ordered to arbitration per the parties' arbitration agreement. 2. Subject to the parties' stated positions at the hearing, the motion is CONTINUED as to the tenth cause of action (PAGA) to permit the filing of supplemental briefing discussed below. The Court proposes on its own motion to take notice of the docket in U Gym LLC v. Adzoh, No. 23-01327768. I. Terms of Agreement The purported arbitration agreement is attached ...

Excerpt: ...o such analysis was provided to the Court in connection with the approval motion in 2018, and, apart from a PAGA analysis of the potential cell phone penalties, no such analysis is provided with the current motion. Among other things, there is no indication of what value is placed on the settlement of the reimbursement claims involving uniforms/shoes, nor is there any valuation of the derivative claims that are part of the settlement. Presumably,...

Excerpt: ... (SCL). They also move to strike portions of the first amended complaint. For the reasons set forth below, the demurrer is SUSTAINED WITH LEAVE TO AMEND. The motion to strike is therefore DENIED AS MOOT. Any amended complaint must be filed by July 17, 2023. Defendants' unopposed request for judicial notice of documents filed in Wyatt v. Orange County Courier Logistics, LLLP, No. 17-00937665, is GRANTED. I. Factual Background The following backgro...

Excerpt: ... Jondo LTD and Its Counsel of Record, Jackson Lewis P.C. ROA 35 Plaintiff Jesus Martinez moves to compel further responses to his first set of requests for admission (RFAs) and first set of special interrogatories (SIs) to Defendant Jondo Ltd. He also seeks a total of $9,232.50 in sanctions on the two motions, entered jointly and severally against Defendant and its counsel of record, Jackson Lewis, P.C. The Court rules as follows: 1. The request ...

Excerpt: ...s to rule on the parties' other objections. (CCP § 437c(q).) GROUNDS FOR RULING I. Background The plaintiffs in this case are the Prime Hospitals, which operate hospitals in Orange County. CalOptima administers health insurance programs for numerous Orange County residents. As relevant here, this includes residents who receive health insurance through Medi-Cal and Medicare. CalOptima has entered into contracts with each of the Prime Hospitals. U...

Excerpt: ...y or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. . . . Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his ...

Excerpt: ...unsel's prior declaration (ROA 177), Bose's $333,000 individual settlement was 53% of the overall maximum potential value (including his wrongful termination claims). Applying that 53% ratio to the wage-and-hour maximum value means Bose settled his individual wage-and-hour claims for $145,879.11. Assuming 544 class members, and accounting for all proposed deductions from the GSA, individual class members will receive an average of $361.29 to sett...

Excerpt: ... II Association's underlying claims. This motion is DENIED. However, in the event that Travelers' pending motion for summary judgment against LaBarre is denied, then, for the reasons set forth below, the Court will reconsider this motion. At the hearing, the parties should be prepared to discuss a new hearing date for Travelers Casualty Insurance Company of America's motion for summary judgment on the operative 2AXC, as well as a new trial date. ...

Excerpt: ... 8 of the notice of motion and otherwise denied. Any amended complaint must be filed by July 3, 2023. The Court has not considered Plaintiff's citation to unpublished decisions of the California Superior Courts. “[A] written trial court ruling has no precedential value.” (Santa Ana Hospital Medical Center v. Belshe (1997) 56 Cal.App.4th 819, 831.) I. Standard of Review A party may move to strike “any irrelevant, false, or improper matter in...

Excerpt: ...est for judicial notice is GRANTED as to Exhibits A and G and otherwise DENIED. I. Background As alleged in the FAC, and taken as true for purposes of demurrer: Trividia manufactures glucose test strips used by persons with diabetes. During manufacture, the test strips are supposed to be sealed in vials to protect them from heat and moisture exposure. If the strips are exposed to air before they are opened for use, they can return incorrect resul...