Excerpt: ...documents the efforts undertook by plaintiff's counsel to discuss with the defendant the issues raised in this motion for judgment on the pleadings. CCP §439 requires that (a) before filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purpose of determining ...

Excerpt: ...be distributed to the LWDA consistent with the Settlement Agreement and the remaining 25% paid to the aggrieved employee to be determined by dividing the number of pay periods he or she worked during the PAGA period by the total aggregate number of pay periods and then multiplying this amount by the PAGA Aggrieved Employee payment. The court approves the gross settlement and the manner of distribution to the LWDA and the aggrieved employees. The ...

Excerpt: ..., the petition is procedurally deficient and the requested transfer is unreasonable and not in the best interests of payee Skyler Castillo. Here, payee seeks to transfer payments of $30,000.00 due to him on April 8, 2025 from a structured settlement created for a personal injury claim. The compensation for this transfer is $15,000.00 with a discount rate of 19.11% The petition indicates that payee is 27 years old, single, no dependents, and has n...

Excerpt: ...ng be submitted in advance of this hearing: (1) PAGA counsel to supplement their declarations to set forth the lodestar method utilized to warrant requested attorney fees and an itemization showing how requested costs were calculated; (2) a non-hearsay declaration from plaintiff itemizing the duties she performed and time invested in this matter to justify the requested enhancement payment; and (3) a non-hearsay declaration from the settlement ad...

Excerpt: ...efendant Mary Correa (“Mary”) has failed to perform obligations required of her under the agreement. Francisca seeks an order to enforce the settlement agreement under CCP 664.6. Francisca's prior two motions were denied by the court, without prejudice for an insufficient showing that Mary has refused to comply with the settlement terms. The settlement agreement relied on by Francisca provides that Mary will convey her interest in the subject...

Excerpt: ...roval shall be set for October 7, 2021; 8:30 am; Dept 1. The parties need not file for a second time the moving papers and declarations already on file with the court. Updated declarations shall be filed at least 10 court days prior to the next hearing date. Plaintiffs move for: (1) preliminary approval of their proposed class action settlement with defendant USA Waste of California, Inc; (2) provisional certification of a proposed settlement cla...

Excerpt: ... review of the contract attached to plaintiff's complaint appears to have imposed the following obligation on the defendant: (1) To Live Stream 2-3 times a week at 9:20 Eastern time for a few hours; (2) To post Watch lists 2-3 times a week; (3) To work on Education materials (videos, PDF, etc) and (4) Post monthly Challenges starting at $500.00 for 30 days (month) to be reset and started again for the next 30 days. This agreement also contains a ...

Excerpt: ...inary approval shall be set for September 16, 2021; 8:30 am; Dept 1. The parties need not file for a second time the moving papers and declarations already on file with the court. Plaintiff moves for preliminary and conditional approval of a proposed class action settlement between plaintiff Rubio Chaidez, the proposed class action representative, and defendant United Ag Personnel Management, Inc. The proposed settlement would resolve various wag...

Excerpt: ... in Department 1 of this court on November 4, 2021, at 8:30 AM. This is a continued hearing on plaintiff's motion for preliminary approval of a proposed class settlement, as well as provisional certification of a settlement class described in the motion, appointment of the class representative, appointment of class counsel, scheduling of a hearing on final approval of the settlement, appointment of a third-party settlement administrator, and appr...

Excerpt: ...s scheduled in Department 1 of this court on November 18, 2021, at 8:30 AM. This is a continued hearing on plaintiff's motion for preliminary approval of a proposed class settlement, as well as addition of Costamanga Farms 1 and E & C Farms, LLC as defendants, provisional certification of a settlement class described in the motion, appointment of the class representative, appointment of class counsel, scheduling of a hearing on final approval of ...

Excerpt: ...ary Approval shall be set for September 2, 2021; 8:30 am; dept 1. The parties need not file for a second time the moving papers and declarations already on file with the court. Plaintiff moves for preliminary approval of a proposed class settlement, provisional certification of a settlement class described in the motion, appointment of the class representative, appointment of class counsel, scheduling of a hearing on final approval of the settlem...

Excerpt: ... on general negligence and premises liability arising from an alleged slip and fall injury at a Costco store location. Plaintiff Jorge Saavedra, on behalf of Citali Saavedra, a minor, commenced this action June 5, 2020, against defendant Costco Wholesale Membership, Inc., and Doe defendants 1 – 25. Trial is presently scheduled for August 16, 2021. Defendant's motion for summary judgment, or, in the alternative, summary adjudication, and pleadin...

Excerpt: ...rrogatories, set one, special interrogatories, set one, and request for production of documents set one. Plaintiff Jeffrey A. Brown dba Brown Security shall provide full and complete verified responses to these interrogatories and inspection demand without objection within thirty days from the service of the notice of this ruling. Plaintiff shall also pay monetary sanctions in the amount of $500 in fees and $90 in costs, for each motion, to defen...

Excerpt: ...Court 3.1345 (a) requires that any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement. The motions that require a separate statement include a motion are: (1) To compel further responses to requests for admission; (2) To compel further responses to interrogatories; (3) To compel further responses to a demand for inspection of documents or tangible things; (4) To compe...

Excerpt: ... To grant plaintiff's motion to compel further responses to plaintiffs' form interrogatories 13.1 and 13.2 (set two) propounded to defendant Helena Agri-Enterprises, LLC. Defendant Helena shall provide a full and complete verified amended response without objection no later than thirty days from the date of this ruling. (2) To grant in part and deny in part plaintiff's motion to compel further responses to Item #9 of plaintiffs' request for produ...

Excerpt: ... for a second time the moving papers and declarations that are already on file with the court. This is a PAGA action where the parties have reached a settlement of $190,000. Seventy-five percent of the net settlement amount shall be distributed to the LWDA consistent with the Settlement Agreement and the remaining 25% paid to the aggrieved employee to be determined by dividing the number of pay periods he or she worked during the PAGA period by t...

Excerpt: ...ng the settlement. 1,185 notices were mailed. 11 notices remain undeliverable. As of May 14, 2021, the claims administrator had received no objections or requests to opt out of the settlement from class members. Class members had until May 24, 2021 to object or opt out. Plaintiff's counsel shall appear at the hearing if any objections to the settlement were received between May 14th and May 24th. On February 18, 2021, the court granted preliminar...

Excerpt: ...d verified responses without objections to Form Interrogatory 17.1 and Requests for Admission Nos. 5 and 6 no later than 30 days from the notice date for this ruling. Defendant Ivany shall also pay monetary sanctions in the amount of $560.00 to plaintiff's counsel under CCP §2023.030(a); CCP §2030.300(d) and CCP §2033.290(d) no later than 30 days from the notice date of this ruling. All parties were given proper notice of this motion. There ha...

Excerpt: ... moves for summary judgment asserting his care and treatment of Plaintiff met the applicable standard of care. Moving Defendant also asserts Plaintiff's claims are time barred. Summary judgment is granted when no triable issue exists as to any material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).) "[T]he party moving for summary judgment bears an initial burden of production to make a...

Excerpt: ...ement under CCP 877 and 877.6. Proof of service in the file indicates notice of the motion was adequate. There has been no response to this motion. CCP § 877.6 affords the court with the discretion to determine whether a settlement reached by opposing parties in litigation is in good faith such that it is "within the reasonable degree of the settling tortfeasor's proportional share of comparative liability for the plaintiff's injuries" based on ...

Excerpt: ...on must be accepted as true. Couglas v. E. & J. Gallo Winery (1977) 69 Cal.App.3d 103, 114. An exception, however, is that the general rule is limited to those material facts properly pleaded, and does not apply to conclusions of fact or law. Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125. For example, a bare allegation that an act is illegal, unlawful, unauthorized, wrongful, or fraudulent is a conclusion of law that need...

Excerpt: ...the action titled Avila v. Cigna Health & Life Insurance Company and Does 1‐100, inclusive, Tulare County Superior Court Case No. VCU 284920. The Santiago case shall be deemed to be the lead case for these consolidated actions and all papers and things to be filed in these cases shall be filed in the Santiago case file. Counsel in the Santiago case shall be deemed to be lead counsel for this consolidated action unless otherwise agreed to by the...

Excerpt: ...fs signed separation agreements at the termination of their employment with defendant CVT, LLC that would release CVT from any of the causes of action that the plaintiffs raise in their complaint. Plaintiffs dispute the enforceability of these separation agreements but nonetheless stipulate with defendant CVT that the question of the enforceability of these separation agreements is a threshold issue that should be resolved before the parties proc...

Excerpt: ...onal service on Mr. Greenwood at the address where the nuisance exists and a forwarding address for Mr. Greenwood that the Postal Service provided to the City's process server, the City has been unsuccessful in its efforts to personally serve Mr. Greenwood. CCP §415.50 provides for the publication of a summons in a newspaper of general circulation in the county where the defendant is known or believed to reside. Publication of a summons under §...

Excerpt: ...aintiff should not submit the entire motion and initial declaration a second time. Insufficient information has been submitted as to various provisions of the settlement agreement for the court to make the merits evaluation required by Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 129. 1. Sufficiency of Amount of Settlement ($750, 000) The gross settlement amount is $1,046,264 00. Plaintiff estimates the total number of class mem...