Excerpt: ...construe the failure to file a memorandum as an admission that the motion is not meritorious and there is cause for its denial. (Cal. Rules of Court, rule 3.113, subd. (a).) Nonetheless, it is assumed that Petitioner is seeking relief from dismissal under Code of Civil Procedure section 473, and the motion has been analyzed based on that assumption. The reason Petitioner gives to justify relief from dismissal is that he did not know about the Ord...

Excerpt: ...lly and Singh's motion to strike the request for attorney's fees, and to deny as to the remaining requests. (Code Civ. Proc. §436.) Explanation: Demurrer Special demurrer Special demurrers are disfavored, “and are granted only if the pleading is so incomprehensible that a defendant cannot reasonably respond.” (Lickiss v. Financial Industry Regulatory Authority (2012) 208 Cal.App.4th 1125, 1135; Merlino v. West Coast Macaroni Mfg. Co. (1949) ...

Excerpt: ...g Materials Co. Tentative Ruling: To overrule all special demurrers. To overrule all general demurrers to the fourth through eighth causes of action. To sustain the general demurrers to the second and third causes of action with leave to amend. To grant the motions to strike allegations relating to punitive damages with leave to amend. To deny the balance of the motions to strike. The plaintiffs shall file and serve a Second Amended Complaint wit...

Excerpt: ...ins unanswered, as plaintiff has failed to provide any valid basis to determine potential damages. Considering that counsel interviewed some fifty of the class members (almost 1/6th of the class) and obtained payroll and time records, the employment of an expert to determine a violation rate and consequent probable damages in a statistically valid manner should be relatively uncomplicated, but is necessary. b. Standards An agreement of the partie...

Excerpt: ...Rules of Court, rule 3.350(b).) A copy of this order shall be filed in each case, and all subsequent documents shall be filed only in the lead case. (Cal. Rules of Court, rule 3.350(c).) Explanation: “A consolidation of actions does not affect the rights of the parties. The purpose of consolidation is merely to promote trial convenience and economy by avoiding duplication of procedure, particularly in the proof of issues common to both actions....

Excerpt: ...Explanation: Under Code of Civil Procedure section 387, subdivision (d)(2), “The court may, upon timely application, permit a nonparty to intervene in the action or proceeding if the person has an interest in the matter in litigation, or in the success of either of the parties, or an interest against both.” Also, under Labor Code section 3852, “Any employer who pays, or becomes obligated to pay compensation, or who pays, or becomes obligate...

Excerpt: ...planation: Code of Civil Procedure section 473 authorizes the trial court, in its discretion, to allow amendments in furtherance of justice. (Code Civ. Proc., § 473; Cherrigan v. City etc. of San Francisco (1968) 262 Cal.App.2d 643, 653.) Where no prejudice is shown to the adverse party, “courts are bound to apply a policy of liberality in permitting amendments to the complaint at any stage of the proceedings, up to and including trial.” (At...

Excerpt: ...e granted if the manager class were limited to manager‐level employees who did not met the salary test set forth in Title 8, California Code of Regulations, section 11070, for exempt status. It could also be met for the hourly employees. All claims at issue could be certified as class claims but for the reimbursement claim, for which no policy is shown, and if that claim were limited to cell phone usage. The record does not support certificatio...

Excerpt: ...nated from their employment with defendant Kings View Corporation because of their age. In additional to discrimination and wrongful discharge causes of action, plaintiffs allege causes of action for intentional infliction of emotional distress and harassment. Defendant Leon Hoover, Kings View Corporation's CEO, demurs to the intentional infliction of emotional distress and harassment causes of action. Both causes of action are premised on the al...

Excerpt: ...motion to dismiss, motion for joinder, or such other procedural vehicle as might be appropriate. The demurrer to the Third Cause of Action is sustained without leave to amend, unless Plaintiffs request oral argument and make a specific proffer of facts in accordance with Code of Civil Procedure §430.41, subdivision (e)(1). The demurrers to the Fifth Cause of Action are sustained with leave to amend. Plaintiff may allege the facts as set forth in...

Excerpt: ...th through eleventh causes of action. To sustain the demurrer as to the twelfth cause of action, for failure to allege whether the contract is written, oral, or implied by conduct. (Code Civ. Proc. § 430.10, subd. (g).) To grant leave to amend as to the twelfth cause of action. Plaintiffs shall serve and file their second amended complaint within ten (10) days of the date of service of this order. All new allegations shall be in boldface. Explan...

Excerpt: ...ion of the First Amended Complaint (FAC) alleged against Defendants Laton Unified School District, Laton High School, and Jason Krikava for failing to file the claims within the applicable statute of limitations. Defendants shall have ten (10) court days in which to respond the FAC. Explanation: A general demurrer admits the truth of all material allegations and a Court will “give the complaint a reasonable interpretation by reading it as a who...

Excerpt: ...ed judgment consistent with the court's summary judgment order. Explanation: As the moving parties, defendants bear the initial burden of proof to show that plaintiffs cannot establish one or more elements of their causes of action or to show that there is a complete defense. (Code Civ. Proc. § 437c(p)(2).) Only after the moving party has carried this burden of proof does the burden of proof shift to the other party to show that a triable issue ...

Excerpt: ...nd to comply with section 430.41 prior to the potential filing of any future demurrer. Because Defendant Self has been dismissed from the case, the demurrer on Defendant Self's behalf is overruled as moot. Explanation: A general demurrer admits the truth of all material allegations and a Court will “give the complaint a reasonable interpretation by reading it as a whole and all its parts in their context.” (People ex re. Lungren v. Superior C...

Excerpt: ...ivil Procedure § 664.6 provides, in pertinent part, as follows: If parties to pending litigation stipulate . . . orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. Here, there is no ...

Excerpt: ...the motion is denied as to any of the causes of action, then the entire motion must be denied. (Homestead Savings v. Superior Court (1986) 179 Cal.App.3d 494, 497‐498.) Next, Sarantos contends that he is entitled to summary judgment as to all causes of action because neither he nor any manager of Club 500 authorized, directed, or ratified the conduct of their employee, Nai Saelee, when she wrote “Blackiiee” on plaintiff's receipt and told h...

Excerpt: ... are imposed against plaintiff and her attorney, Rodney C. Haron. Sanctions must be paid to the Law Offices of Lewis Brisbois Bisgaard & Smith within 30 days after service of this order. Explanation: “Any party may obtain discovery . . . by taking in California the oral deposition of any person, including any party to the action. . . .” (Code Civ. Proc., § 2025.010.) Code of Civil Procedure section 2025.450, subdivision (a) provides for a mo...

Excerpt: ...the medical profession under similar circumstances.” (Mann v. Cracchiolo (1985) 38 Cal.3d 18, 36.) Thus, in “‘any medical malpractice action, the plaintiff must establish: “(1) the duty of the professional to use such skill, prudence, and diligence as other members of his profession commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection between the negligent conduct and the resulting injury; and (4) ac...

Excerpt: ...n order relieving them from their waiver of objections to the request for production of documents, set one. (Code Civ. Proc. § 2031.300, subd. (a).) To grant defendants' motion for a protective order precluding them from producing documents containing proprietary and confidential information. (Code Civ. Proc. § 2031.060, subd. (a), (b).) Explanation: Motion for Relief from Waiver of Objections: Defendants seek relief under Code of Civil Procedu...

Excerpt: ...sis for his 42 U.S.C. section 1983 claim, as well as other claims. Plaintiff shall have ten (10) court days in which to file and serve a first amended complaint. Any new or changed allegations must be set forth in boldface typeset. To deny the motion to compel without prejudice. Explanation: Demurrer Plaintiff's complaint is over 100 pages in length and recounts his disagreement with a course of treatment implemented by defendants from 2005 to 20...

Excerpt: ...v. Eden Township Hospital Dist. (1992) 4 Cal.App.4th 1488, 1497.) Explanation: No suit for money or damages may be maintained against a governmental entity unless a formal claim has first been presented to that entity, and has been rejected, or is deemed rejected by the passage of time. (Gov. Code, §§ 945.4, 912.4; see Munoz v. State of Calif. (1995) 33 Cal.App.4th 1767, 1776.) The pre‐lawsuit claim must be presented to the governmental entit...

Excerpt: ...nna Owens in Bernard v. Ashria Holdings, LLC, Case No. 17CECG04106. To deny the motion with respect to the representation of co‐defendants Mao Vang and Jose Yepez. Explanation: Defendant Ariyanna Owens (“Owens”) moves to disqualify William Braun (“Braun”) from further representation of Ashria Holdings, LLC (“Ashria”), Mao Vang, Jose Yepez and Owens. A trial court's authority to disqualify an attorney derives from the court's inheren...

Excerpt: ... Kaur Bains, BKSG Transportation, LLC, Karnvir Singh, AM2 Logistic, Inc., shall provide verified responses to plaintiff's Requests for Production, Set One without objection within 10 days of the clerk's service of this minute order. To order defendants Mawinder Kaur Bains, BKSG Transportation, LLC, Karnvir Singh, AM2 Logistic, Inc., jointly and severally, to pay to plaintiff Julie Su, Labor Commissioner for the State of California, Department of ...

Excerpt: ...d Fred Avalli. (Code Civ. Proc. § 437c.) Explanation: With regard to the first cause of action for breach of contract, plaintiff has met its burden of producing evidence showing that defendants breached their agreement with plaintiff, and that plaintiff was damaged as a result. The elements of a breach of contract claim are (1) the existence of a contract between the parties, (2) plaintiff's performance or excuse for nonperformance, (3) defendan...

Excerpt: ...for discovery over trial by surprise, must construe the facts before it liberally in favor of discovery, may not use its discretion to extend the limits on discovery beyond those authorized by the Legislature, and should prefer partial to outright denials of discovery. [Citation.]” (Williams v. Superior Court (2017) 3 Cal.5th 531, 540; see Code Civ. Proc. §2017.010.) “Unless otherwise limited by order of the court in accordance with this tit...