Excerpt: ...esorts, LLC. RULING The motion is granted as follows: The Court has reviewed the proposed order submitted with the motion and intends on signing the same, as modified, to include Case No. 21CV04034. The relevant terms include: (1) Preliminary approval of the settlement set forth in the Class Action and PAGA Settlement Agreement is granted; (2) The proposed settlement class is conditionally certified; (3) Carmen Martinez is appointed as the repres...

Excerpt: ...ants Shari's Management Company, Shari's Management Corporation, FRI-M, LLC, and Shari's CP, LLC, to set aside the judgment, entered on December 21, 2022, and the defaults entered on November 9, 2022, and December 20, 2022, is granted. The judgment is ordered vacated, and the defaults are ordered set aside. The proposed answer attached as exhibit G to the motion is deemed filed and served as of the date of this order. (2) Attorney for Defendants,...

Excerpt: ... to strike punitive damages from Plaintiffs' complaint is denied. Defendant will file its Answer by July 25, 2023. Background This action was commenced on November 4, 2022, by the filing of the original complaint for violation of statutory obligations by Plaintiff Teddy Broussard against General Motors, LLC ("GM"). The original complaint contains the followng causes of action: (1) Violation of Civil Code section 1793.2, subdivision (D); (2) Viola...

Excerpt: ...side the judgment pursuant to Code of Civil Procedure section 473, subdivision (d) is denied. The request to take judicial notice is granted. Plaintiff to give notice. Background This is a motion to vacate a default judgment entered in 1988. The original complaint was filed by Plaintiff Merchants Recovery Services, Inc., a collection agency, against Avery D. Ensley and Peggy R. Ensley (Ensley or Ross) asserting claims for common counts and breach...

Excerpt: ...nia RULING For all reasons discussed herein, the motion of Petitioner Coastal Ranches Conservancy for leave to file a second amended petition is granted. Petitioner shall file and serve the second amended petition, in the form attached to the motion, on or before June 28, 2023. Background In its operative first amended petition (FAP) filed on September 13, 2022, Petitioner Coastal Ranches Conservancy (the Conservancy) alleges five causes of actio...

Excerpt: ...l file and serve supplemental declarations and supplemental briefs addressing the issues discussed herein and in accordance with this ruling, on or before July 5, 2023. Background This action arises out of an alleged theft of an automobile and of bank åunds owned by Plaintiff. As alleged in the complaint filed on December 28 2022: Plaintiff is the owner of a Nissan Rogue (the vehicle). Defendant Cindy Margarita Navas Albeno aka Cindy M. Navas ak...

Excerpt: ...ash Yaraghchian: Erskine Law Group, APC RULINGS For the reasons set forth herein, Plaintiffs motion to compel further responses to requests for production of documents (set one) and for sanctions is granted part and denied in part as follows: Plaintiffs motion to compel further responses to requests Nos. 16 and 19 through 32 is granted. GM shall provide verified, code compliant, further responses to RFP's 16 and 19 through 32 no later than June 1...

Excerpt: ...ler: & Sweet, LLP For Defendant Roe 2: John C. Eck, Craig Price: Griffith & Thornburgh, LLP For Defendant Roe 4 _ Jon Daggett, Hiroshima Daggett For Defendants Roe I and Roe 3 _ No appearances RULNG (l) For all reasons discussed herein, the Court overrules the demurrer of Roe 4. (2) For all reasons discussed herein, the Court sustains the demurrer of Roe 2, in part, as to the second and fourth causes of action alleged in the first amended complai...

Excerpt: ...d. In the alternative, monetary sanctions in the amount of S3,825.00, for failure to obey the Court's discovery order, will be awarded in favor of Plaintiff Pootie Pie Properties, LLC, and against Defendants Cameron Colvin, Ricky Lyons, and Camco Champion AQD, LLC, and their counsel Jaburg and Wilk, P.C. and Joy Bertrand, jointly and severally, to be paid to counsel for Pootie Pie Properties, LLC, on or before June 23, 2023. Background As alleged...

Excerpt: ...ed with leave to amend. This ruling is without prejudice to any future demurrer to the first amended complaint filed by Plaintiff on May 4, 2023. (2) For all reasons discussed herein, Defendant's motion to strike punitive damages from Plaintiffs complaint is granted with leave to amend. This ruling is without prejudice to a future motion to strike. Background Plaintiff Teddy Broussard filed a complaint in this matter on November 4, 2022, alleging...

Excerpt: ...ll, Brian R Paget: Rachel M. Smith: Paladin Law Group LLP For Defendants Compass California, Inc., Melissa Birch, and Nicklas Svensson. Brian Slome, Lindsey Ball, Lewis Brisbois Bisgaard & Smith LLP For Cross-Defendants John J. Thyne III: Lacy L Taylor: Thyne Taylor Fox Howard, LLP RULNG For the reasons set forth herein, the special motion to strikeof cross-DefendantsLuis Ibarra and Karina Carrillo is denied. Cross-Defendants shall file and serve...

Excerpt: ...For Defendant Dwight Boytis Michael David Fox RULNG For all reasons discussed herein, the demurrer of Defendant Dwight Boytis is sustained in part with leave to amend. Plaintiffs shall file and serve their second amended complaint on or before May 15, 2023. Background Plaintiffs Wendy Ventura (Ventura) and Valerie Silguero (Silguero) (collectively: Plaintiffs) filed their original complaint in this matter on May 3 2022: alleging two causes of act...

Excerpt: ...e G. Lara: individually: and Timothy Cabrera: individually and on behalf of the State of Califomia and on behalf of those similarly situated Daniel J _ McQueen / Nora K _ Stilestein David A. Alvarez of Sheppard, Mullin: Richter & Hampton: LLP for Defendants Pacific Diagnostic Laboratories, LLC, Cottage Health and Santa Barbara Cottage Hospital RULINGS For the reasons set forth herein, the motion for final approval of class action settlement, for ...

Excerpt: ...intiff for preliminary approval of the class action settlement is granted. Counsel shall appear at the hearing of this motion and shall be prepared to discuss scheduling for the final approval hearing and any other matters remaining for the Court at this time. Background On February 14, 2020, Plaintiff Victoria Tice: individually and on behalf of all others similarly situated: filed her complaint against Defendant Trader Joe 's Company (TJC) asse...

Excerpt: ...int Business Services: JoAnna L. Brooks, Nicholas Gioiello, Littler Mendelson, P_C_ RULING For all reasons discussed herein, the demurrer of Defendant FPR II, LLC, dba Leadpoint Business Services is sustained. This matter shall be stayed pending resolution of Superior Court of Santa Clara County case number 22CV408517 entitled Jennifer Montoya v. FPR II, LL.C., et aL and filed on December 16, 2022. Background On January 25 2023 Plaintiff Juan Man...

Excerpt: ...h case number 21CV02119 entitled David Matthew Kibain vs. Shoreline Farms LLC, et aL Case number 21 CV02119 is designated as the lead case. The parties shall file all documents in the lead case. The parties are further ordered to appear at the hearing and be prepared to discuss future proceedings in accordance with this Background Plaintiff David Matthew Kilrain' s operative first amended complaint (FAC) alleges a single cause of action titled pr...

Excerpt: ... George Wallace RULNG (l) For all reasons discussed herein, Defendants' motion for summary judgment is denied. (2) For all reasons discussed herein, Plaintiffs motion to amend or reclassify the third amended complaint from professional negligence to gross negligence is denied. (3) For all reasons discussed herein, Plaintiffs motion to consolidate cases is granted. This matter shall be consolidated with case number 22CV01773 entitled David Matthew...

Excerpt: ...Compames: Great Lakes Reinsurance (UK): Lloyd' s UnderwriterSyndicate: Sompo Canopius dba Canopius Underwriting Agency Inc , Westport Insurance Corporation: and Zurich Insurance PLC Branch: Ron H. Bumov ski For Defendant Liberty Mutual Fire Insurance Company: Nicholas J _ Boos For Defendant Chubb Insurance Company of Canada: No appearance RULNG For the reasons set forth below, Defendant Lexington Insurance Company's demurer to Plaintiffs complain...

Excerpt: ...motion to enforce settlement and enter judgment and requests supplemental briefing, the Court will grant the motion, in part, and enter judgment against Defendant Andrea Leon in the amount of $2,560.25. Plaintiff shall submit a corrected proposed judgment and give notice of this ruling to Defendant at all known addresses. Background On February 14, 2022, Plaintiff Aspire General Insurance Company (Aspire) filed a complaint alleging two causes of ...

Excerpt: ...pion AQD, LLC: Joy Bertrand; Thomas S. Moring, Jaburg & Wilk, P.C. RULING (1) As set forth herein, the motion of plaintiff Pootie Pie Properties, LLC, to compel further responses to requests for admission, set one, from defendant Ricky Lyons is granted to compel further responses to requests for admission Nos. 1 through 8, 12, 15, 16, 18, 19, 21 through 35, 37 through 46, 48, and 52. The motion is denied as to further responses as to form interro...

Excerpt: ...ng, LLC, Yolanda Apodaca, Jay Konheim, and Wendy McCaw: Zachary T. Elsea, Amber Henry, Eisner, LLP RULING (1) For all reasons discussed herein, the motion of Plaintiff Oscar Chavez to compel Defendant Ampersand Publishing LLC, to serve further responses to Plaintiff's set one requests for production of documents is granted. Defendant shall serve verified further responses to Plaintiff's set one request for production of documents nos. 2, 3, 6, an...

Excerpt: ... Pet Hospital, Inc. Petvet Care Centers (California), Inc., and David P. Dawson: Nancy Yaffe, Daniel V. Kitzes, Fox Rothschild LLP RULING For the reasons set forth herein, Plaintiff's motion for final approval of class action and PAGA settlement and motion for attorney fees, costs, expenses, and representative enhancement payments are each granted in accordance with this ruling. Counsel shall appear at the hearing of this motion and shall be prep...

Excerpt: ... Trust dated June 2, 2004: Roben B _ Forouzandeh: Cory T _ Baker: Reicker, Pfau, Pyle & McRoy LLP RULING For all reasons discussed herein, Defendant David Back's motion to compel further responses to form interrogatories and for sanctions is granted. On or before April 15, 2023, Plaintiff Leticia Parra shall serve verified further responses to Defendant's form interrogatory Nos. 50.1 through 50.6 in accordance with this ruling and without objecti...

Excerpt: ...aintiff and Defendants. Background Plaintiff Califomia Coastal Ventures, LLC ("CCV"') filed its operative first amended complaint ("FACE) against Defendants Coastal Holding Company, LLC ("CHC"), Coastal Mergersub 2: LLC and Julian Michalowski on December 16: 2022. As alleged in the complaint: CCV is a Califomia LLC located in San Diego Califomia_ Defendant Coastal MergerSub 2 is a Califomia LLC into which CHC merged Mith and is now CHC' s success...

Excerpt: ...drick RULING For all reasons discussed herein, the Court grants the special motion to strike of Cross- Defendants David Ormsby and Cynthia A. Ormsby, Co-Trustees of the David and Cynthia Ormsby 2019 Trust, dated April 25, 2019, in part, and orders paragraph 12 of the Cross- complaint filed by Cross-complainant Glenn J. Ritsema, as Trustee of the Glenn J. Ritsema Trust dated April 12, 2018, stricken. In addition, and for all reasons herein, the Co...