Excerpt: ...ference will be held on May 31, 2023 at 8:30 a.m. in Department CX-104. EVIDENTIARY MATTERS Plaintiff's evidentiary objections are all OVERRULED. It appears to the Court that these objections are identical to objections previously overruled by the Court (Judge Di Cesare) in connection with a prior motion to compel arbitration. Plaintiffs' objections are therefore an improper attempt to reconsider the prior order. Plaintiff seeks judicial notice o...

Excerpt: ...ning, Jr., Kaeyln Manning, Julia Manning, and Paige Manning (through her guardian ad litem, Erica Mitchell). The Court rules as follows: 1. The motion for summary judgment is DENIED. 2. The motion for summary adjudication is GRANTED as to issues 1 and 2 inasmuch as Plaintiffs consent to the same in their opposition papers. 3. The motion for summary adjudication is DENIED as to issue 3. Defendants' request for judicial notice, which is unopposed, ...

Excerpt: ...e of Action, which /Cross-Complainants have voluntarily withdrawn. 2. The demurrer is OVERRULED as to alter ego liability. Demurring Cross-Defendants shall answer the SAXC on or before October 21, 2022. 1. Overview In evaluating a demurrer, the Court is guided by long-settled rules. The Court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.” (Serrano v. Pri...

Excerpt: ...Deputy T. Carrillo (the “County Defendants”) demur to all causes of action in the FAC, as well as to the class allegations therein. Second, Defendant Global Tel*Link Corporation (“GTL”) demurs to Plaintiffs' first and tenth causes of action, and to the sixth “cause of action” (more accurately, class allegations) insofar as Plaintiffs allege the existence of a “telephone class.” PROCEDURAL BACKGROUND Before addressing the merits of...

Excerpt: ...d The underlying First Amended Complaint of Plaintiff Sirco/Irvine Business Park II Association concerns insurance coverage. The Association is the community association for a three- building commercial condominium park in Santa Ana. In 2008, the Association took out an insurance policy on the condominium park. The policy (as renewed) was in effect on September 25, 2019, when a fire damaged one of the three buildings. The policy was issued by Tra...

Excerpt: ...e individual portion of his PAGA claim. 2. The case is STAYED pending completion of arbitration. 3. The request to dismiss the representative portion of Plaintiff's PAGA claim is DENIED WITHOUT PREJUDICE to being renewed when the stay is lifted. An arbitration review conference will take place in Department CX-104 on April 17, 2023 at 8:30 a.m. I. Factual Background Plaintiff was employed by Defendant as a bartender from 2019 to 2022. (Hailey Dec...

Excerpt: ...fore it can rule on the motion. To that end, the parties should be prepared to discuss the questions set forth below at the hearing. Depending on the answers, the Court may decide to invite supplemental briefing. I. Propriety of Motion Plaintiffs argue the AG's motion is an improper motion for reconsideration, or not even a motion for reconsideration at all, and should be denied on that basis alone. The Court disagrees. A. Untimely or Improper Mo...

Excerpt: ...llowing rulings: 1. The Demurrer to the 4 th cause of action for fraud is SUSTAINED with leave to amend. 2. The Demurrer to the 5 th cause of action for conversion is OVERRULED. 3. The Demurrer to the 6 th cause of action alleging a violation of Business & Professions Code § 17200 is SUSTAINED with leave to amend. 4. The Motion to Strike Punitive Damages is GRANTED with leave to amend. 5. The Motion to Strike Attorneys' Fees is DENIED. Any amend...

Excerpt: ...ndividual basis, including the individual portion of her PAGA claim, as to all named defendants. 2. The case is STAYED pending completion of arbitration. 3. The request to dismiss the representative portion of Plaintiff's PAGA claims is DENIED WITHOUT PREJUDICE to being renewed when the stay is lifted. 4. An arbitration review conference will take place on May 17, 2023 at 8:30 a.m. in Department CX-104. I. Factual Background Defendants in this ma...

Excerpt: ...ent, LLC is SUSTAINED WITHOUT LEAVE TO AMEND. Cross-complainants' cross-claims are DISMISSED WITH PREJUDICE. Admiral's motion to strike is DENIED AS MOOT. I. Factual Background Cross-Complainants' XC expressly incorporates the allegations of Admiral's FAC, so the Court assumes all of the following to be true for purposes of this demurrer. Cross-Complainants were among the defendants in an underlying case, JPH Consulting, Inc. v. Jarvis, No. 15-00...

Excerpt: ...2 to file a second amended complaint. A status conference will be held on October 4, 2022 at 8:30 a.m. in conjunction with the related case of Luangphonh v. Better Mortgage Corporation 21-1190771. A joint status conference statement should be filed on or before September 27, 2022. Both sides cite unpublished California Superior Court decisions in their papers. “Even assuming for the sake of argument that [these cases] involve[] the same issue a...

Excerpt: ... LLC demur to portions of the First Amended Cross-Complaint (“FAXC”) of Defendants/Cross- Complainants JD Equity Holdings LLC and Jacob Daniels. The Court rules as follows: 1. The demurrer is SUSTAINED based on defect/ misjoinder of parties per CCP § 430.10(d) by virtue of adding Darnell Ponder as a cross-defendant and the 10 th cause of action for constructive trust without leave of court. 2. The demurrer is OVERRULED as to alter ego liabil...

Excerpt: ...l arbitration; (2) dismissing Plaintiffs' class claims without prejudice; (3) dismissing Plaintiffs' PAGA claim, and (4) staying proceedings pending the outcome of arbitration. Numerous related defendants have filed a joinder in the motion. (The Court refers to all defendants as “Fitness 19” unless their separate corporate identities are relevant.) The Court rules as follows: 1. The request to order Plaintiffs' claims to individual arbitratio...

Excerpt: ...ration. The Court rules as follows: 1. The motion is GRANTED IN PART AND DENIED IN PART as to the request to compel arbitration. Specifically: a. The motion is GRANTED to the extent Plaintiffs' claims are not based on sexual harassment. b. The motion is DENIED to the extent Plaintiffs' claims are based on sexual harassment. At the hearing, the parties should be prepared to discuss the extent to which Plaintiffs' claims are based on sexual harassm...

Excerpt: ... Plaintiff's PAGA claim is to be arbitrated on an individual basis. 2. The motion is DENIED WITHOUT PREJUDICE as to the request to dismiss the representative portion of Plaintiff's PAGA claim. This case is STAYED pending the resolution of Plaintiff's individual arbitration. 3. As discussed below, the Court is willing to consider a request for limited further briefing from Plaintiff given the way Defendant handled the two arbitration agreements at...

Excerpt: ...ual portion of Plaintiff's claim is to be arbitrated, and the representative portion of Plaintiff's claim is stayed pending the resolution of the arbitration. An arbitration review conference will take place on March 29, 2023 at 8:30 a.m. EVIDENTIARY OBJECTIONS All of Plaintiff's evidentiary objections are OVERRULED. Defendants' objection to Plaintiff's declaration is OVERRULED. Defendants' objections to the declaration of Amir Nayebdadash are al...

Excerpt: ... of Plaintiff's PAGA claim. This portion of the case is STAYED pending the resolution of Plaintiff's individual arbitration. 3. The Court sets an arbitration review conference for March 29, 2023 at 8:30 a.m. EVIDENTIARY OBJECTIONS Plaintiff offers four objections to the Kourasis Declaration submitted in support of Defendant's motion. Objections 1 and 2 are SUSTAINED. Objections 3 and 4 are OVERRULED; however, the Court will not rely on this testi...

Excerpt: ...ies on two questions: 1. Is an administrative appeal pursuant to Public Resources Code § 21151 governed by the 14-day period for appeals provided by Laguna Beach Municipal Code section 25.05.070(A)? If not, what is the applicable period? Also, if not, what is the effect, if any, of Petitioners' late-filed appeal that the City rejected as untimely? 2. Is there authority for the situation where an administrative appeal has been withdrawn and the t...

Excerpt: ...idual basis and dismiss the representative portion of her PAGA claim. Section 3 of the parties' arbitration agreement provides: “Private attorney general representative actions brought on behalf of the state under the California Labor Code are not arbitrable, not within the scope of this Agreement and may be maintained in a court of law.” (Becker Decl., Ex. A, at p. 2.) Because the parties agreed that PAGA actions cannot be arbitrated, Defend...

Excerpt: ... the representative portion of their PAGA claims. The Court rules as follows: 1. The motion is GRANTED as to the request to compel arbitration. The individual portion of each Plaintiff's PAGA claim is to be arbitrated on an individual basis. 2. The motion is DENIED WITHOUT PREJUDICE as to the request to dismiss the representative portion of Plaintiffs' PAGA claims. This case is STAYED pending the resolution of Plaintiffs' individual arbitrations....

Excerpt: ...�Extraction Fee.” The motion is otherwise granted in its entirety. The parties' unopposed requests for judicial notice are GRANTED. 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 proceedings, up to and including trial.” (Magpali v. Farmers ...

Excerpt: ...irst Action, the Court will determine whether the case can proceed and whether leave to amend will be permitted. The parties' unopposed requests for judicial notice are GRANTED. GROUNDS FOR RULING A demurrer lies when there are two actions pending in California state courts “between the same parties on the same causes of action.” (CCP § 430.10(c).) “In determining whether the causes of action are the same for purposes of pleas in abatement...

Excerpt: ...he August 19, 2022 hearing (either in person or via Zoom) to discuss the issues set forth below. The Court notes the existence of a related class action, Salcido v. NJOORD, No. 22- 1258984. It appears Plaintiff Frederick Salcido erroneously filed his opposition documents in the class action instead of this case. Because no prejudice will result if the Court considers the misfiled documents, the Court will exercise its discretion to consider them....

Excerpt: ...ntiff Maria Ruiz's Individual PAGA Claim; (2) Dismiss Plaintiff's Non-Individual PAGA Claims; and (3) Stay Action Defendant Chartwell Staffing Services, Inc. has filed two motions to compel arbitration, one against Plaintiff Moises Mendoza and one against Plaintiff Maria Ruiz. Defendants Laguna Cookie Company, Inc. and D.F. Stauffer Biscuit Co., Inc. (collectively, “Laguna Defendants”) move to join in Chartwell's motions and have filed their ...

Excerpt: ... The Court rules as follows: 1. Defendants' motion to compel arbitration is GRANTED. Plaintiffs are ordered to separately arbitrate their individual PAGA claims. 2. This case is STAYED until Plaintiffs' individual arbitrations conclude. 3. Defendants' request to dismiss Plaintiffs' representative PAGA claims is DENIED without prejudice to reconsideration when the stay is lifted. An arbitration review conference will take place on March 15, 2023 a...