Excerpt: ...tural Materials Co. (1981) 123 Cl.App.3d 593, 604). The Demurrer to the Second Cause of Action For Failure to Timely Pay Wages is SUSTAINED with leave to amend, on the basis that the FAC fails to allege facts demonstrating Plaintiff's daily wage rate. The Demurrer to the Third Cause of Action For Failure to Provide Wage Statements is OVERRULED. The Demurrer to the Fourth Cause of Action For Waiting Time Penalties is SUSTAINED with leave to amend,...

Excerpt: ...emains standing. (See Warren v. Atchison, T. & S. F. Ry. Co. (1971) 19 Cal.App.4th 24, 36.) The cross-complainants have alleged sufficient facts in support of their first cause of action for breach of verbal contract. (See Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821 [elements]; XC at ¶¶ 6-9.) The cross-complainants do not have to allege facts to overcome potential defenses to a claim in order to properly plead it, and nothing o...

Excerpt: ...ort a writ of attachment against a natural person. C.C.P. § 430.10(c). The burden is on plaintiffs to establish the validity of the attachment. Loeb & Loeb v. Beverly Glen Music, Inc. (1983) 166 Cal.App.3d 1110, 1116. Also, since California's attachment law is purely statutory, it must be strictly construed. Kemp Bros. Construction, Inc. (2007) 146 Cal.App.4 th 1474, 1476. The Klein case is distinguishable as it involved a president of a corpora...

Excerpt: ...the Petition fails to identify a mandatory statutory or other duty imposed by City ordinance which requires Respondents to: (i) “Declare a conflict as to Respondent City of Newport Ceach and Respondent Harp”; and (ii) to “…appoint special counsel to prosecute the violations.” For the court to issue a writ of mandate to compel performance of a duty, such duty must be mandatory in nature. Fry v. City of Los Angeles (2016) 245 Cal.App.4th ...

Excerpt: ...of public policy. “The elements of a claim for wrongful discharge in violation of public policy are (1) an employer-employee relationship, (2) the employer terminated the plaintiff's employment, (3) the termination was substantially motivated by a violation of public policy, and (4) the discharge caused the plaintiff harm.” (Yau v. Allen (2014) 229 Cal.App.4th 144, 154.) Moving Party contends this cause of action fails because defendant never...

Excerpt: ...ject to discretionary judicial notice under Evid. Code § 452(d). The court grants judicial notice. - State Bar Decision. This is a governmental record subject to discretionary notice. As the decision involves the taking of evidence, and one or more legal conclusions, which is not binding upon this court, the court exercises its discretion and declines to take judicial notice of the State Bar Decision. - OC Sherriff's Control Log and Police Repor...

Excerpt: ...hould be raised by way of demurrer and/or motion to strike. Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1048. Defendant Team Haley LP is ordered to e-file and serve its compulsory cross-complaint on plaintiffs Cynthia Armstrong and Tice Griffin within 5 court days and to serve non-party Nancy Adair within 21 days. Any prejudice caused by the pending trial date of 9-17-18 can be ameliorated by a short continuance of the tria...

Excerpt: ...order granting the anti-SLAPP motion filed by defendants Stephen Madoni and Charles McHugh in Leone I, dated November 3, 2016; 4. Notice of entry of judgment on Sorensen's complaint as to defendants Stephen Madoni and Charles McHugh in Leone I, dated November 10, 2016; 5. Minute order granting defendants' motion for attorney fees on anti-SLAPP motion in Leone I, dated February 2, 2017; 6. Complaint filed by Sorensen in Sorensen v. Gardner, et al....

Excerpt: ...entified party in September 2016. (See McGlinn Decl. at ¶¶ 2-3.) While plaintiffs have identified a potential overriding interest supporting the requested sealing, i.e., the NDA (see McGlinn Decl. at ¶ 2), plaintiffs have failed to demonstrate a substantial probability, or any probability for that matter, that the interest will be prejudiced absent sealing, a necessary prerequisite to a sealing order. McNair v. National Collegiate Athletic Ass...

Excerpt: ...the alleged trade secret with reasonable particularity. The first and sixteenth affirmative defense are not really affirmative defenses because defendants have no burden of establishing any new matter such that plaintiff should be barred from recovery. See, C.C.P. § 431.30(b) and Walsh v. West Valley Mission Comm. (1998) 66 Cal.App.4th 1532, 1546. As to defendants' second affirmative defense of the statute of limitations facts do not have to be ...

Excerpt: ...mended complaint. Second, a demurrer to an entire to complaint may be overruled if any cause of action is properly stated. C.C.P. § 430.50 and Warren v. Atchison, Topeka & Santa Fe Ry. Co. (1971) 19 Cal.App.3d 24, 36. The Court of Appeal Opinion sets forth that plaintiff Stark has stated a cause of action for Conspiracy to Harass based on the tort of IIED. Third, even if construed as a demurrer to all causes of action except as to plaintiff Star...

Excerpt: ... Hsu v. Abbara (1995) 9 Cal.4th 863, 875 to 876. Also, attorney's fees for litigation before answer is filed are recoverable. Stokus v. Marsh (1990) 217 Cal.App.3d 647, 656. The parties also agreed that the issue of attorney's fees as damages would be decided by post-trial motion. The court finds sums set forth above reasonable and necessary as to both attorney's fees and costs. PLCM Group, Inc. v. Drexler (2000) 22 Cal.4th 10984, 1095. Moving pa...

Excerpt: ...iled 9 court days before the continued hearing date of 5-31-18. Otherwise attorney W. Edward Shipe's application complied with the other provisions of Rule 9.40 for admission pro hac vice. Moving party to give notice. 2. Application for Pro Hac Vice Admission of John A. Lucas by Defendants Procon Analytics, LLC, Advantage GPS, LLC, Connected Holdings, LLC, Oigo Telematics, LLC, Procon Inc., and Brian Boling: Attorney John W. Lucas' application fo...

Excerpt: ...aintiff's case distinguishable. In particular, unlike plaintiff Ormsbee's case, there is not a heavy comparative fault issue as to other parties as is present in plaintiff Ormsbee's case. The court finds that the value of plaintiff Ormsbee's civil action, taking into account Proposition 51, is no more than $1,750,000.00. Utilizing the formula set forth in Ahlhorn, the court finds that the value of the $500,000.00 settlement in this case attributa...

Excerpt: ...they each had an oral agreement not be terminated except for “good cause” and that defendants required plaintiffs to sign an agreement with an improper non-competition clause and when plaintiffs refused to do so their employment was terminated without good cause. As to declaratory relief, plaintiffs have alleged an actual controversy as to breach of the buyout agreement that will support this cause of action at this pleading stage. In Ludgate...

Excerpt: ...gment on the Pleadings on the Cross-Complaint filed by Decedent Carl Bergeman: Cross-defendant Dominic J. Antonini's motion for judgment on the pleadings as to the cross- complaint by decedent Carl V. Bergeman is granted in part and denied in part. GRANTED, with 10 days leave to amend, if cross-complainant Vincent Bergeman as personal representative can plead facts as to some economic loss to support the cause of action for IIED. See, County of L...

Excerpt: ...claims. The motion for summary adjudication by defendants Walt Disney Parks and Resorts U.S. Inc. and Kevin Moseley as to plaintiff Jesus Licea's employment law complaint is granted in part and denied in part. GRANTED as to defendant Kevin Moseley's motion for summary adjudication that he has no individual liability as supervisor for violation of FEHA, CFRA and for wrongful termination in violation of public policy. Reno v. Baird (1995) 18 Cal.4t...

Excerpt: ...et al. have a demurrer and motion to strike pending as to plaintiff Gaff's amendment to third amended complaint. In addition, the trial set for 6-4-18 is ordered vacated and trial is re-set for 10-29-18, at 8:30 a.m., in Department C-33. Relatedly, all pre-trial cutoff dates are continued to the new trial date of 10-29-18. Moving parties to give notice. 2. Demurrer of Defendants Mehrdad Mark Moshayedi and Classic Investments to Third Amended Comp...

Excerpt: ...lish that any of its objections had merit. See, Coy v. Superior Court (1962) 58 Cal.2d 210, 202 to 221. Of note, it appears that plaintiff Currey is willing not to depose Erich Kemnitz, Wiliam G. Ballard and Eric L. Kalis if defendant Ford Motor Company will not call any of these witnesses at trial. This ruling is without prejudice to the parties stipulating, in writing, that the depositions of Erich Kemnitz, Wiliam G. Ballard and Eric L. Kalis w...

Excerpt: ...C.P. § 2024.020. Relatedly, moving parties have not moved to re-open discovery pursuant to C.C.P. § 2024.050. Without establishing that discovery should be re-opened trial court cannot order further discovery. See, Pelton-Shepherd Industries, Inc. v. Delta Packaging Products, Inc. (2008) 165 Cal.App.4th 1568, 1586 to 1588. Trial remains set for 5-7-18. Moving parties to give notice. ...

Excerpt: ... trial commences. 08:57 am The court and counsel discuss legal issues. All parties stipulate that the Cross-Complaint is a derivative lawsuit on behalf of Lock & Lock USA Distributor, Inc. 09:15 am The court is adjourned in this matter. (1/2/18 Minute Order.) Subsequently on January 11, 2018, the court set an MSC for April 6, 2018, and continued phase two of the jury trial to May 7, 2018. The court did not continue the discovery and discovery hea...

Excerpt: ...ect Judicial Council forms and has met the other requirements to grant the requested relief, the Moving Party has not stated that good cause exists for the requested relief. RULING: Attorney Lisa G. Salisbury's motion to be relieved as counsel of record for Plaintiff Tukhi Business Group, LLC is conditionally granted upon evidence at the hearing as to “good cause” for the requested relief. The submitted declaration of attorney Salisbury is in...

Excerpt: ...re trial, and it cannot represent itself in litigation. An uncontested judgment at trial against Hyperion will also substantially prejudice the ability of Mr. Nazarain to defend himself at trial in his capacity as the guarantor of Hyperion's debt. Without more evidence as to the nature of the “breakdown of attorney-client relationship” (i.e. whether counsel's withdrawal is based upon facts requiring mandatory withdrawal or whether counsel's w...

Excerpt: ...ion of its pending motion for judgment on the pleading will be rendered moot if the motion to substitute in personal representative is granted. Hence the court exercises its discretion to hear these matters together on 5-3-18, at 1:30 p.m., in Department C-33. Moving party to give notice. Plaintiff/Cross-Defendant Dominic J. Antonini's Request for Judicial Notice: Plaintiff/cross-defendant Dominic J. Antonini requested that the court take judicia...

Excerpt: ...is impossible to determine which Defendant committed what wrongdoing. This in turn renders the complaint such that the Defendant cannot reasonably respond. See Khoury v. Maly's of California Inc. (1993) 14 Cal.App.4th 612, 616. Additionally, as most of the underlying liability sounds in deceit, the use of a collective reference for the 14 various entity Defendants will result in the pleading being subject to demurrer for failure to allege the fra...