Excerpt: ... jurisdiction over a nonresident defendant who has not been served with process within the state comports with the requirements of the due process clause of the federal Constitution if the defendant has such minimum contacts with the state that the assertion of jurisdiction does not violate “‘traditional notions of fair play and substantial justice.'” (Vons Companies, Inc. v. Seabest Foods, Inc. (1996) 14 Cal.4th 434, 443 [quoting Internati...

Excerpt: ...the court in which the action is pending to expunge the notice.” (Code Civ. Proc., § 405.30.) (Emphasis added.) The motion to expunge is “confine[d] … to the court where ‘the action' of which notice has been recorded is pending to avoid inconsistent judgments and forum shopping.” (The Formula Inc. v. Superior Court (2008) 168 Cal.App.4th 1455, 1464.) Based on this authority, only the Court can hear this motion to expunge. (See also Gol...

Excerpt: ... 2; Rodriguez v. American Technologies, Inc. (2006) 136 Cal.App.4th 1110, 1122.) Further, Defendant is involved in interstate commerce as it receives reimbursement for services from Medicare. (Bohn Decl., ¶ 8; Allied-Bruce Terminix Companies, Inc. v. Dobson (1995) 513 U.S. 265, 277; Summit Health, Ltd. v. Pinhas (1991) 500 U.S. 322, 327; Willis v. Prime Healthcare Services, Inc. (2014) 231 Cal.App.4th 615, 625–626.) A court's role in consideri...

Excerpt: ... agreement is directed, rather than ‘amended settlement agreement', to avoid waste of limited Court time and resources. As to the Settlement 1. Paragraph 4.C of the Settlement provides that class members will not receive payment until 10 days after full funding of the Maximum Settlement Amount. Full funding may not occur until June 4, 2021. Settlement, ¶ 3.B. The Court will not approve a settlement in which payments for attorneys' fees/costs, ...

Excerpt: ...rth below in both actions. The demurrers are OVERRULED. “A demurrer tests only the sufficiency of the pleading and lies only where the defect appears on the face of the pleading or from matters judicially noticed by the court.” (Fiorito v. Superior Court (1990) 226 Cal.App.3d 433, 437.) All factual allegations set forth in the complaint “are deemed to be true, however improbable they may be.” (Del E. Webb Corporation v. Structural Materia...

Excerpt: ...alifornia Rules of Court, rule 3.400; Code Civ. Proc., § 404.) The coordination of the actions will promote the ends of justice. The actions have overlapping factual and legal issues due to the common PAGA claim based on Labor Code § 2802. Given the overlap, a single, coordinated action will be more convenient for all the parties, witnesses, and counsel, and will promote efficient utilization of judicial resources. Coordination will also increa...

Excerpt: ...ations omitted].) “The trial court has broad discretion to determine whether the settlement is fair.” (Ibid.) At preliminary approval, Plaintiff's valuations and settlement calculations were made under the expectation that the class consisted of around 235 people. (11/9/17 Mahoney Decl., ¶ 8; Supp. Mahoney Decl., at ¶ 14.) Based on this expectation, Plaintiff valued the claims asserted to be worth a maximum $1,644,520, with a reasonable val...

Excerpt: ...ndum that exceeds the page limits of these rules must be filed and considered in the same manner as a late-filed paper.” (Id. at rule 3.1113(g).) “A trial court has broad discretion … to refuse to consider papers served and filed beyond the deadline without a prior court order finding good cause for late submission.” (Bozzi v. Nordstrom, Inc. (2010) 186 Cal.App.4th 755, 765.) Plaintiffs' opposition is 20 pages. Plaintiffs did not file an ...

Excerpt: ...uena Park Successor Agency and City of Buena Park (together, “Plaintiffs”) filed a first amended lis pendens the same day this motion was filed. Plaintiffs then filed a first amended complaint (“FAC”) on May 30, 2019 and a second amended lis pendens on June 4, 2019. The effect of the FAC and the first and second amended lis pendens on this motion is unclear. Thus, the Court requests the parties provide supplemental briefing on the followi...

Excerpt: ...om translating a document presented to the court. Mr. Denis is qualified to translate. He has also stated under oath that his translations are true and accurate. (Supp. Denis Decl., ¶¶ 4-5; see also Certificates of Translation.) Mr. Denis's potential bias does not bar the evidence but rather goes to the weight of it. “The party advocating class treatment must demonstrate the existence of an ascertainable and sufficiently numerous class, a wel...

Excerpt: ...on to compel arbitration under the FAA is limited to “determining (1) whether a valid agreement to arbitrate exists and, if it does, (2) whether the agreement encompasses the dispute at issue. If the response is affirmative on both counts, then the Act requires the court to enforce the arbitration agreement in accordance with its terms.” (Chiron Corp. v. Ortho Diagnostic Sys. Inc.(9th Cir.2000) 207 F.3d 1126, 1130.) “The United States Supre...

Excerpt: ... of action for breach of fiduciary duty without leave to amend. A demurrer challenges the defects appearing on the face of the pleading or from other matters properly subject to judicial notice. (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318.) All factual allegations set forth in the complaint “are deemed to be true, however improbable they may be.” (Del E. Webb Corporation v. Structural Materials Co. (1981) 123 Cal. App. 3d 593, 604.) The inten...

Excerpt: ...n by MFI. (Prasher Decl., ¶ 7, Ex. A.) The MSA contains a mandatory forum selection clause that states: “[t]his Agreement shall be governed by and interpreted according to the laws of the Province of Ontario and the laws of Canada applicable therein. The parties attorn to the exclusive jurisdiction of the courts in the Province of Ontario in respect of all matters arising out of or in connection with this Agreement.” (Prasher Decl., Ex. A, �...

Excerpt: ...roc., § 437c(b)(3)), the Court has exercised its discretion to excuse noncompliance with the Code of Civil Procedure and reach the merits of the motions. Finally, “[a] party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty ….” (Code Civ. Proc., § 437c(f)(1); see also Dunn v. County of Santa Barbara (2006) 1...

Excerpt: ...ement is directed, rather than ‘amended settlement agreement', to avoid waste of limited Court time and resources. As to the Settlement 1. The class definition excludes employees that “executed a release of all claims against Greenstone Materials, Inc.” (Settlement, ¶ A.4.) Does this refer to the release from the DOL settlement? If not, to what does it refer? If it does refer to the DOL settlement, that settlement only appears to release m...

Excerpt: ...tiary fact that might eventually form part of the plaintiff's proof need not be alleged.” (C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872.) “[A] plaintiff is required only to set forth the essential facts of his case with reasonable precision and with particularity sufficient to acquaint a defendant with the nature, source and extent of his cause of action …. There is no need to require specificity in the pleadin...

Excerpt: ... on its face may nevertheless be subject to demurrer when matters judicially noticed by the court render the complaint meritless. In this regard the court passing upon the question of the demurrer may look to affidavits filed on behalf of plaintiff ….” (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) However, “[t]aking judicial notice of a document is not the same as accepting the truth of its contents or acce...

Excerpt: ... FAA applies. A court's role in considering a petition to compel arbitration under the FAA is limited to “determining (1) whether a valid agreement to arbitrate exists and, if it does, (2) whether the agreement encompasses the dispute at issue. If the response is affirmative on both counts, then the Act requires the court to enforce the arbitration agreement in accordance with its terms.” (Chiron Corp. v. Ortho Diagnostic Sys. Inc.(9th Cir.20...

Excerpt: ...action has no merit, that plaintiff cannot prove an element of his or her claim, or that it has a complete defense entitling it to judgment as a matter of law. (Code Civ. Proc., § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851 (Aguilar).) “Once the defendant meets this burden, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to that cause of action or a defens...

Excerpt: ...td. was properly served with the complaint and summons. Plaintiff argues it properly served Teva Ltd. through its California-based subsidiary, Teva Parenteral Medicines, Inc. (“TPM”). The parties agree that TPM is an indirect subsidiary of Teva Pharmaceuticals USA, Inc. (“Teva USA”), which is an indirect subsidiary of Teva Ltd. (See e.g. Plaintiff's Supp. Brief, p. 7:15-18.) “Delivery by hand of a copy of any process against a foreign c...

Excerpt: ... § 472(a).) ACSC, not the American Automobile Association, Inc. (“AAA”), is Plaintiff's employer. Plaintiff's offer letter, W-2 forms, paystubs, and other employment documents confirm this. (Philipp Decl., Exs. A-D; Tercero Decl., Ex. A.) ACSC is a party to the arbitration agreement at issue. (4/16/19 Alexander Decl., ¶ 4, Ex. A, p. 1.) The arbitration agreement is governed by the FAA. (See 4/16/19 Alexander Decl., ¶ 3; Allied-Bruce Termin...

Excerpt: ...t time and resources. “PAGA settlements are subject to trial court review and approval, ensuring that any negotiated resolution is fair to those affected.” (Williams v. Superior Court (2017) 3 Cal.5th 531, 549 [citing Lab. Code, § 2699(l)(2)].) As to the Settlement 1. It is unclear whether the definition of “aggrieved employees” in Recital B applies to the Settlement, is a description of the definition contained in the LWDA notice, or bo...

Excerpt: ...iffs' right to privacy.” (See Notice of Motion). While Plaintiffs attach seven subpoenas to the Declaration of Babak Semnar (See Exhibits A through G), Plaintiffs phrase their request to extend beyond these subpoenas and potentially affect subpoenas which have not been identified to the Court. (See also Proposed Order attached to Motion). No blanket order is possible or permissible where there is no particular delineation of the “Plaintiffs' ...

Excerpt: ..., 2019 and June 27, 2019. (See ROA Nos. 356, 358 and 360). Accordingly, the requests for discovery responses from these parties has been rendered MOOT. Additionally, per Plaintiffs' Counsel, verified discovery responses were served by mail on June 26, 2019, on behalf of Plaintiffs Amy Booty, General Booty, Avery Booty, John Booty, Charles Leonard, Guiliana McDaniel, Megan Woodruff-McDaniel, Kyle McDaniel, Olivia McDaniel, Billie Christine Walker,...

Excerpt: ...hfield Co. (2001) 25 Cal.4th 826, 850-851 (Aguilar).) As to Plaintiff's breach of contract claim, Defendant contends it properly denied Plaintiff's claim because the policy at issue allows it to “deny coverage for any claim or loss and void this policy if any insured has concealed or misrepresented a material fact or circumstance … in the presentation of a claim or loss, or at any time either before or after a claim or loss.” (Defendant's S...