Excerpt: ...ides that a plan shall not request reimbursement for the overpayment of a claim unless the plan sends a written request for reimbursement to the provider within 365 days of the date of payment on the overpaid claim. However, Kaiser cites Ogo Associates v. City of Torrance, (1974) 37 Cal. App. 3d 830, 834, for the proposition that the doctrine of exhaustion of administrative remedies has several exceptions, including where the aggrieved party can ...

Excerpt: ...ings. The Status Conference set for April 3, 2020 will remain on calendar pending entry of judgment for defendants. Plaintiffs have not alleged any new facts in their Second Amended Complaint that would support a ruling different from the one this court made as to plaintiffs' First Amended Complaint, and have not set forth any facts warranting further leave to amend. Plaintiffs have had three opportunities to allege the causes of action challenge...

Excerpt: ... papers, including the class notice. Plaintiffs provide no information as to defendant's potential exposure for the violations alleged. Plaintiffs must provide the court with information showing what potential outcome putative class members and aggrieved employees are giving up in exchange for this settlement. The motion fails to provide the class members and aggrieved employees' estimated individual recovery under the proposed settlement, includ...

Excerpt: ... costs, and this court granted the motion on February 16, 2018 on the ground that there was no prevailing party at trial because plaintiffs prevailed on two issues (Judgment ¶¶2 and 3B) and defendant prevailed on five issues (Judgment ¶¶1A, 1B, 3C, 4 and 5). Plaintiffs did not appeal from that ruling, and thus that ruling is final, even though the court of appeal reversed this court's ruling on issue 3C. Even after the reversal, the ruling as...

Excerpt: ...l Notice is granted. Plaintiff's 1st cause of action, for Breach of Contract for Purchase, now alleges (per CACI 303 and case law) that defendant Anthony failed to do something that the contract required her to do, as well as all other required elements. Plaintiff alleges that Anthony failed to transfer the washer and dryer as required by the Purchase Agreement, paragraph 8B(2) (TAC ¶¶48, 64(f)), that possession of the Corbina Property was deli...

Excerpt: ...(K), for ambulance drivers and attendants. Under that provision, “The daily overtime provision of subsection (A) above shall not apply to ambulance drivers and attendants scheduled for 24-hour shifts of duty who have agreed in writing to exclude from daily time worked not more than three (3) meal periods of not more than one (1) hour each and a regularly scheduled uninterrupted sleeping period of not more than eight (8) hours. The employer shal...

Excerpt: ...010) 559 U.S. 662, 686; Kinecta Alternative Financial Solutions, Inc. v. Superior Court (2012) 205 Cal. App. 4th 506, 510-11. This action is ordered stayed pending completion of the arbitration. The Case Management Conference set for March 20, 2020 is ordered off calendar. A Post-Arbitration Review Hearing is set for July 17, 2020 at 9:00 a.m. The parties must file a Joint Status Report at least a week before the hearing, and may request a contin...

Excerpt: ...off calendar. The Trial and Pre-Trial Conference are vacated. The court sets a Review Hearing for March 19, 2020 at 1:30 p.m. to ensure the submission of a proposed Judgment. It is settled law in California that an insurer denying or delaying the payment of policy benefits due to the existence of a genuine dispute with its insured as to the amount of the insured's coverage claim is not liable in bad faith. Chateau Chamberay Homeowners Assn. v. As...

Excerpt: ...resentation of CTI and interests adverse to CTI. In the Mesa case Catanzarite is representing the plaintiffs in a derivative action on behalf of CTI, meaning that his representation is for the benefit of CTI. Thus, the same principles that warranted Catanzarite's disqualification in the FinCanna case apply to the Mesa case and compel disqualification here. The pending motion in the FinCanna case is to disqualify Catanzarite from representing thre...

Excerpt: ...g document requests and interrogatories, and defendants ask that these motions be continued to give them a chance to review plaintiffs' supplemental responses. Plaintiffs and the moving party defendants must file declarations or other papers at least two weeks before the new hearing date advising the court if these motions are still going forward, and if so, as to what issues. The tentative ruling is to continue the hearing on plaintiffs' Applica...

Excerpt: ...nsel also should provide a red-lined version of any revised papers, including the notice to the class. Section 9 of the Notice of Class Action Settlement, entitled, “What can I get from the settlement?”, fails to reference the Workweeks Form or otherwise inform class members that the amount of their proposed distribution is included in the papers, and that they can dispute the workweek information provided. Modification is required. The “Re...

Excerpt: ...al. App. 4th 1366, 1375. This motion is brought under CCP §436, which allows a court to: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading, or (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. Under CCP §437(a), the grounds for a motion to strike must appear on the face of the challenged pleading or from any matter ...

Excerpt: ...ery motions set for hearing on October 18, 2019 are also ordered off calendar. A Post- Arbitration Review Hearing is set for March 20, 2020 at 9:00 a.m. The parties must file a Joint Status Report at least a week before the hearing, and may request a continuance if arbitration is not yet complete. Defendants' Request for Judicial Notice is granted based on Evidence Code §§452(h) and 453. Plaintiff's Request for Judicial Notice is denied. The co...

Excerpt: ...nsel also should provide a red-lined version of any revised papers, including the notice to the class. This court will not approve a settlement where the Settlement Amount “shall not exceed $294,950”, as provided in ¶5.1 of the Stipulation and Agreement of Settlement (Settlement Agreement). Using that language, the actual settlement amount could be $1. A fixed amount (or an acceptable minimum amount) is required. Section 7 of the Notice of P...

Excerpt: ... stayed pending completion of plaintiff's arbitration with PriorityWorkforce. The Case Management Conference set for today is ordered off calendar. A Post-Arbitration Review Hearing is set for March 13, 2020 at 9:00 a.m. The parties must file a Joint Status Report at least a week before the hearing, and may request a continuance if arbitration is not yet complete. The court concludes that there exists a valid agreement to arbitrate the claims ass...

Excerpt: ...008) 160 Cal. App. 4th 514, 519. The United States Supreme Court's decision three months ago in The Dutra Group v. Batterton (2019) 139 S. Ct. 2275, compels the conclusion that plaintiff may not recover on her claims under general maritime law for loss of society damages based on the diving injury to her father, in the waters off French Polynesia, for which he and plaintiff's mother already received $7,800,000 in settlement. The Dutra Court held ...

Excerpt: ...so should provide a red-lined version of any revised papers, including the notice to the class. The moving papers are premised on plaintiff having filed a Second Amended Complaint. But even though the court approved the filing of the Second Amended Complaint on November 13, 2018, plaintiff did not file it. Nor did defendant file any response to the unfiled Second Amended Complaint. Thus, the First Amended Complaint is the operative pleading for p...

Excerpt: ...fendants rely heavily on a ruling in a separate case that Mobile Farming Systems, Inc. is not a shareholder of Cultivation Technologies, Inc. However, the plaintiffs in this case are three individuals, not CTI, and the claims in the other lawsuit are not alleged to be identical to the claims in this lawsuit, so the prior ruling is irrelevant to this motion. Under Corp. Code §800(c)(1), defendants must show that there is no reasonable possibility...

Excerpt: ...tion #5 and 46 do not exist. The Declaration of Darren Ashby, defendant's employee, admits in ¶7 that plaintiff's fitness machine was designed to shut down if it detected a “rogue” signal from the customer's Wi-Fi system. This fact creates a triable issue as to whether defendant violated Civil Code §1770(a)(5) by representing that defendant's goods had characteristics, uses or benefits that they did not have when defendant advertised that t...

Excerpt: ...cational Nurses from October 18, 2014 to March 31, 2017. Plaintiff's Motion for Summary Adjudication of Issues is denied in part as to Issue No. 1, in that Labor Code §514 exempts defendants from California's overtime requirements for Registered Nurses from January 1, 2015 to the present, and for Licensed Vocational Nurses from April 1, 2017 to the present, and is granted in part as to Issue No. 1 in that Labor Code §514 does not exempt defenda...

Excerpt: ...ious order as well as what new or different facts, circumstances or law are claimed to be shown. Plaintiffs' Notice of Motion also fails to comply with CRC Rule 3.110 and state the grounds on which this motion is brought. Putting aside the technicalities of a motion for reconsideration, there is still ample justification for the sanctions award. Plaintiffs now contend that defendant Arther Masaoka was in jail from March to June 2019. But the subj...

Excerpt: ...he amount of $2,560, payable within 30 days. The requests which are being granted seek documents that are relevant to the subject matter of the action or are reasonably calculated to lead to the discovery of admissible evidence, and good cause exists to compel their production. Plaintiff's Motion to Compel Defendant Canus Corporation to Provide Further Responses to Plaintiff's Special Interrogatories (Set One) (as to #1 and 2) is granted. Plainti...

Excerpt: ...he state's Department of Housing and Community Development has exclusive jurisdiction over mobile home remodeling projects. Rather, Public Resources Code §30600(a) requires Petitioners to obtain a CDP before performing or undertaking any development in the coastal zone. The statutes on which Petitioners rely apply only to local entities, like cities and counties, but the California Coastal Commission is a statewide entity. Moreover, the Californ...

Excerpt: ...record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest. Defendant's customers have a privacy interest in their contact information. Pioneer Electronics (USA), Inc. v. Superior Court (2007) 40 Cal. 4th 360, 368. Defendant has a privacy interest in its business and financial information. Cassidy v. California Bd. of Accountancy (2013) 220 Cal. App. 4th 620, 625...

Excerpt: ...ime limit for bringing a motion to compel further responses to a document demand is 45 days from the service of a verified response. The statutes are ambiguous as to whether their 45-day deadlines are applicable to a response that is made up only of objections and therefore need not be verified. There is no known authority on this point. Motion to Compel Answers, Cal. Practice Guide, Civ. Proc. Before Trial, Ch. 8F-7, §8:1150.8. However, since r...