Excerpt: ...ubd. To grant plaintiff's request for monetary sanctions in the amount of $1,860 against defendant Brooklyn Moving Inc. payable to plaintiffs counsel within thirty (30) days from the date of this order. Explanation: Code of Civil Procedure section 2023.010 defines "misuses of the discovery process" as including, "failing to respond or submit to an authorized method of discovery" and "disobeying a court order to prov-de discovery." (Code Civ. Proc...

Excerpt: ...ayra Corina Gonzalez is directed to submit a new proposed order. To set a status conference for Thursday, July 11, 2024, 3:30 p.m. in Department 503. Explanation: 1. Class Certification The court has already granted the motion for preliminary approval and certification of the class and found that the class is sufficiently numerous and ascertainable to warrant certification for the purpose of approving the settlement. There is no reason for the co...

Excerpt: ...ntiff"). The Complaint stated five causes of action: (1) breach of written contract; (2) breach of implied covenant of good faith and fair dealing; (3) interference with prospective economic advantage; (4) fraud; and (5) injunction. Trial was set for this matter for July 28, 2023. On July 27, 2023, Plaintiff filed a request for dismissal of the Complaint without prejudice; the dismissal was entered the same day. Defendant asserts that he is the p...

Excerpt: ...he moving party is entitled to judgment as a matter of law. (Code Civ. Proc., S437c, subd. (c).) In determining a motion for summary judgment, the court views the evidence "in the light most favorable to the plaintiff", liberally construing plaintiff's evidence and strictly scrutinizing the defendant's evidence. (Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243, 254.) The court does not weigh evidence or inferences (Aguilar v. Atlantic R...

Excerpt: ...d; 2) to Compel Responses to Form Interrogatories, Set One; 3) to Compel Responses to Special Interrogatories, Set One; and 4) to Compel Responses to Request for Production of Documents, Set One Motions by Manco, Strauss, and Leeds as to Discovery propounded by each of them on Plaintiff Balwinder Kaur ("Kaur"): 1) to Deem the Matters Specified in Request for Admissions, Set One, Admitted; 2) to Compel Responses to Form Interrogatories, Set One; 3...

Excerpt: ...xcusable neglect under Code of Civil Procedure, section 473, subdivision (b). Actual Notce "When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action." (Code Civ. Proc., S 473.5, subd. (a).) The ...

Excerpt: ...in the total amount of $1,875. Monetary sanctions are ordered to be paid within 30 calendar days from the date of service of the minute order by the clerk. Explanation: Objections The court overrules plaintiff's objections to paragraphs 5 and 8-12 of the Brar Declaration. Motion to Compel Attendance On April 25, 2023, plaintiff served a Notice of Deposition for General Motors' ("GM") Person Most Qualified ("PMQ") for May 23, 2023. (Sanjur-Van Bra...

Excerpt: ...sehold agreement with the defendants whereby they agreed to lease a single family residence located without Fresno County from defendants. The lease agreement was executed November 17, 2020. The lease included a move-in inspection sheet, notice of repair, and indemnity provisions. Plaintiff alleges that, on February 22, 2021, while residing upon the premises, she tripped and fell in a "defective portion" of the hal way, which caused serious injur...

Excerpt: ...gment in an achon brought by the government. The act authorizes a representative action only for the purpose of seeking statutory penalties for Labor Code violations (Lab. Code, secton 2699, subds. (a), (g)), and an action to recover civil penalties 'is fundamentally a law enforcement action designed to protect the public and not to benefit private parties. (Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 381.) A PAGA repre...

Excerpt: ...t first asking for leave of court to amend. (Code Civ. Proc., S 436; Hedwall v. PCMV, LLC (2018) 22 Cal.App.5th 564, 578.) To sustain the demurrer to the first, second and third causes of action as to defendants Mitch Herr, Vilay Lee, Cher Yang, and the Hmong Cultural New Year Celebration, Inc., to the entire operative complaint, without leave to amend. (Code Civ. Proc., S 430.10, subd. (e).) To sustain the demurrer to the first cause of achon as...

Excerpt: ...set in boldface type. Explanation: The Fair Employment and Housing Act ("FEHA") exempts religious associations or corporations which are not orgarized for private profit. (Gov. Code, S 12926, subd. (d).) Plaintiff argues that religious organizations are subject to FEHA, and that if they are not, then the doctrines of waiver and estoppel act to make defendant subject to FEHA as if the exemption did not apply. Essentially, plaintiff argues that def...

Excerpt: ...demurrers to plaintiff's first (breach of fiduciary duty), third (elder abuse), fifth (breach of implied covenant) and sixth (unfair business practice) causes of acton. To grant defendants' request for judicial notce. The court will take notice of its own records in the instant case for the fact of the filing of plaintiff's first amended complaint but not for the truth of the matters stated therein. Explanation: The express basis for the defendan...

Excerpt: ...intervene where the nonparty "claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by one or more of the existing parties." (Code Civ. Proc., S 387, subd. (d)(1)(B).) Where the court finds the nonparty's interests are a...

Excerpt: ...ter. Defendants The Dominion Courtyard Villas, Scott Ellis Enterprises LLC, Scott Ellis Enterprises LP, Barcelona Apartments, Casa Del Rio Apartments, Dartmouth Tower Apartments, Oxford Park Apartments, Reef Apartments, Scottsmen Apartments, Scottsmen Too Apartments, and Villa Faria Apartments (collectively "Defendants") object to the hourly rates sought, and some of the basis of the lodestar sought. Lodestar A court assessing attorney fees begin...

Excerpt: ...to this department, with all dollar amounts filled in, within 5 days of the clerk's service of this order. To set a hearing at December 4, 2024, at 3:30 p.m. in Department 503 as a hearing date for an Amended Judgment pursuant to Code of Civil Procedure section 384. A verified report of payouts of settlement funds and a proposed amended judgment shall be submitted no later than November 18, 2024. Explanation: "Before final approval, the court mus...

Excerpt: ...sion (a), "The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, ora mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be j...

Excerpt: ... Osborn and Carolyn Michalle Barnes, individually and as Trustee of the Homer R. Osborn Living Trust, UTD December 4, 2008, seek an order consolidating the unlawful detainer acton (case number 23CECL08578) with the civil action (case number 22CECG03938) since otherwise the unlawful detainer acton would proceed to trial before plaintiffs' claim to own title to the property could be decided, and could result in the forfeiture of plaintiffs' own pro...

Excerpt: ... are adequately protected, although there is less scrutiny of manageability issues. (Wershba v. Apple Computer, Inc. (2001) 91 cal.App.4th 224, 240; see Dunk v. Ford Motor co. (1996) 48 cal.App.4th 1794, 1803, fn. 9.) The trial court has a "fiduciary responsibility" as the guardian of the absentee class members' rights to decide whether to approve a settlement of a class action. (Luckeyv. Superior Court (2014) 228 Cal.App.4th 81, 95.) A precertif...

Excerpt: ... aside or judgment is entered (i.e„ giving the defendant the right to appeal). (Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 Cal.App.3d 381, 385.) Due process would not be served by allowing plaintiffs to give the defendant notice of a motion when defendant's right to defend herself regarding that motion had already been cut off. Further, Plaintiffs have already been told, via the court's Order Denying Application for Default Judgmen...

Excerpt: ...ve and file supplemental opposition by the close of business on February 15, 2024. Defendant shall serve and file its supplemental reply by the close of business on February 22, 2024. Explanation: Defendant General Motors has moved for summary judgment, or in the alternative summary adjudication of the plaintiff's claims for breach of express and implied warranties under the Song-Beverly Consumer Warranty Act. (Civil Code, S 1790, et seq.) Defend...

Excerpt: ...(a).) Explanation: Defendant Anglican Diocese of San Joaquin's (hereinafter "Defendant) motions cannot be granted, because its service of the subject discovery: form interrogatories, special interrogatories and document requests and these motion papers is defective. Defendant indicates that it, through its former counsel Rayma Church of Church Law Group, Inc., served the subject discovery requests directly on plaintiff M.S. on September 1, 2022, ...

Excerpt: ... 2023.030, subd. (d)(3).) To impose monetary sanctions in the amount of $2,030 against defendant Sandra Romero. Defendant Sandra Romero shall pay the monetary sanctions to plaintiff's counsel within thirty (30) days from the date of this order. Explanation: Code of Civil Procedure section 2023.010 defines "misuses of the discovery process" as including, "failing to respond or submit to an authorized method of discovery" and "disobeying a court or...

Excerpt: ...court, within 5 days of service of the minute order, a proposed judgment consistent with the court's summary judgment order. Explanation: Initially the court notes that while the opposition is submitted on behalf of both plaintiff Bee Sweet and defendant/cross-complainant Style-Line, in light of the settlement and contingent assignment of Style-Line's cross-claims to plaintiff, in this tentatve ruling the court will refer to the opposing parties ...

Excerpt: ..., 72.) Government Code section 911.2, subdivision (a) provides that such a claim is to be presented no later than six months after the accrual of the cause of action. (Gov. Code, S 911.2; Munoz v. State of California (1995) 33 Cal.App.4th 1767, 1775.) The policy behind the requirement to file a timely claim is threefold, as it 1) gives the entity an opportunity to promptly remedy the condition, 2) allows the entity to investigate while evidence i...

Excerpt: ...defendant in resisting the claims of a plaintiff." (Code Civ. Proc., S 387, subd. (b)(2).) "A nonparty shall petition the court for leave to intervene by noticed motion or ex parte application. The petition shall include a copy of the proposed complaint in intervention or answer in intervention and set forth the grounds upon which intervention rests." (Code Civ. Proc., S 387, subd. (c).) "The court may, upon timely application, permit a nonparty ...