Excerpt: ...30 p.m. in Department 403 for the defendant corporation to obtain counsel. Explanation: Corporations may not represent themselves before the court in propria persona, nor can corporations represent themselves through their officers, directors, or any other employee who is not an attorney. (CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1145.) Corporations must be represented by an appropriately licensed attorney in court...

Excerpt: ...tual costs. The terms of the settlement allow up to $20,000 in costs. The settlement administrator, ILYM Group is charging a flat fee of $9,675.00. The remaining $317,860.24 is to be put toward the payment of PAGA penalties with 75% (238,395.18) to the LWDA and 25% ($79,465.06) to the aggrieved employees. Separately from the gross settlement amount, plaintiff is settling his individual claims against defendant for $7,500 in exchange for a general...

Excerpt: ...he court.” (Lab. Code, § 2699, subd. (i)(2).) The statute does not explain what exactly the trial court should consider when reviewing a proposed PAGA settlement. However, recently the Court of Appeal in Moniz v. Adecco USA, Inc., (2021) 72 Cal.App.5th 56, did provide some guidance. The court explained that “many federal district courts have applied the ‘fair, reasonable, and adequate' standard from class action cases to evaluate PAGA sett...

Excerpt: ... service by the clerk of the minute order. All new allegations in the Second Amended Complaint are to be set in bold type. To overrule the demurrer to the Second Cause of Action To sustain the demurrer to the Fifth Cause of Action. Plaintiff is given leave to amend on the condition that he is able to allege compliance with the Tort Claims Act. If plaintiff chooses to further amend, he is allowed 30 days' leave to file a Second Amended Complaint. ...

Excerpt: ...lames BBQ, pursuant to Code of Civil Procedure sections 428.10, 426.50 and 428.50.1 Defendant contends that it seeks to state a claim against a third-party, Rollin Flames, BBQ. Plaintiff opposes on the grounds that Rollin Flames BBQ is plaintiff's fictitious business name, and has always been run as a sole proprietorship. (Aguilar Decl., ¶¶ 2- 3.)2 Whether the cross-complaint states a claim against an existing party or a third-party, and thus w...

Excerpt: ...32, subd. (a).) Moreover, “[e]xcept as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.” (Code Civ. Proc., § 1032, subd. (b).) “A prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of service of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 664.5 o...

Excerpt: ...32, subd. (a).) Moreover, “[e]xcept as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.” (Code Civ. Proc., § 1032, subd. (b).) “A prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of service of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 664.5 o...

Excerpt: ...nd request for stay, set to be heard on March 1, 2023. On December 8, 2022, defendant filed the instant motion for stay pursuant to Code of Civil Procedure section 1281.4. Code of Civil Procedure section 1281.4 provides, in pertinent part: If an application has been made to a court of competent jurisdiction, whether in this State or not, for an order to arbitrate a controversy which is an issue involved in an action or proceeding pending before a...

Excerpt: ...Defendants shall meet and confer in good faith effort to resolve the discovery disputes. If the disputes are not resolved, defendant shall file a separate statement of all items in dispute for each motion. A meet and confer declaration, the separate statement, supplemental opposition and reply, papers shall be filed per Code of Civil Procedure section 1005, subdivision (b), based on the continued hearing date. Monetary sanctions requested by defe...

Excerpt: ... 502 to inform the court of the total amount actually paid to the class members, pursuant to Code of Civil Procedure section 384, subdivision (b), so that the judgment can be amended and the distribution of any cy pres funds can be ordered. Documentation as to the amount paid to class members must be filed on or before January 31, 2024. Explanation: Final Approval of Settlement California Rules of Court, rule 3.769(g) states: “Before final appr...

Excerpt: ...ve award to the class representative. Explanation: 1. Class Certification In its order granting preliminary approval of the class settlement, the court has already determined that certification of the class for the purpose of settlement is proper here. Nothing has changed since the court made its order granting preliminary approval. Therefore, the court intends to grant certification of the class for the purpose of finally approving the settlemen...

Excerpt: ...ion agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the revocation of t...

Excerpt: ...onsumer Warranty Act.” (Dagher v. Ford Motor Co. (2015) 238 Cal.App.4th 905, 929; Code Civ. Proc., § 473, subd. (a)(1) [“The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend ….” Emphasis added.) The amended complaint shall be filed within ten (10) days from the date of this order. New or different allegations in the second amended complaint are to be set in boldface type. Explanation: Summar...

Excerpt: ...tion, including a cause of action asserted in a cross-complaint, or of any separate issue or of any number of causes of action or issues, preserving the right of trial by jury required by the Constitution or a statute of this state or of the United States.” Code of Civil Procedure section 598 provides in pertinent part as follows: “The court may, when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling...

Excerpt: ...1032, subd. (a).) Moreover, “[e]xcept as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.” (Code Civ. Proc., § 1032, subd. (b).) “A prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of service of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 664.5...

Excerpt: ...on, Set One Plaintiff's Motion to Compel Defendant to Provide Verifications to Form Interrogatories, Set Two Plaintiff's Motion to Compel Defendant to Provide Verifications to Special Interrogatories, Set Two Plaintiff's Motion to Compel Defendant to Provide Verifications to Requests for Production, Set Two Plaintiff's Motion to compel Defendant to Provide Verifications to Requests for Admission, Set Two Plaintiff's Motion to Compel Deposition of...

Excerpt: ...2, subd. (a).) Moreover, “[e]xcept as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.” (Code Civ. Proc., § 1032, subd. (b).) “A prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of service of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 664.5 or...

Excerpt: ... (a).) Moreover, “[e]xcept as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.” (Code Civ. Proc., § 1032, subd. (b).) “A prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of service of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 664.5 or the dat...

Excerpt: ...nd that plaintiff, who bought the vehicle at issue “used,” cannot pursue a breach of implied or express warranty claims under Song-Beverly against GM about a vehicle that it did not purchase as a “new motor vehicle.” GM's position is supported by the recent appeals court decision of Rodriguez v. FCA US, LLC (2022) 77 Cal.App.5th 209, 217, review granted, July 13, 2022, S274625. Rodriguez held that a used vehicle that is still covered by t...

Excerpt: ... deny Defendants' motions to compel responses to form interrogatories, special interrogatories, production of documents and requests for admissions admitted, as verified responses have been provided. To grant Defendants' sanctions. Plaintiff is ordered to pay monetary sanctions in the amount of $1,325 to the Freeman Law Group within 30 days. (Code Civ. Proc. §§ 2023.010, 2033.280.) To deny Plaintiff's request for sanctions. To deny the Request ...

Excerpt: ...th and seventh causes of action in his complaint. (Code Civ. Proc. § 437c.) To deny plaintiff's motion for summary judgment as to defendants' cross-complaint. (Ibid.) Explanation: Plaintiff's Motion for Summary Adjudication of Plaintiff's Sixth and Seventh Causes of Action: Plaintiff moves for summary adjudication of the sixth and seventh causes of action of his complaint, which seek a determination that defendants Moghaddam and Najjaran are alt...

Excerpt: ...d 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. In addition, there does not appear to be any reason for the court to reconsider its decision granting certification of the class. Therefore, once the uncertainties outlined below are cured, the court intends to certify the class for the purpos...

Excerpt: ...o requires certification of a preliminary settlement class. (Cal. Rules of Court, rule 3.769, subd. (d).) “If the court grants preliminary approval, its order must include the time, date, and place of the final approval hearing; the notice to be given to the class; and any other matters deemed necessary for the proper conduct of a settlement hearing. (Cal. Rules of Court, Rule 3.769, subd. (e).) “If the court has certified the action as a cla...

Excerpt: ....) Explanation: Petitioner California FAIR Plan Association is the insurer of the home owned by Respondent Amanda Arteno. On September 6, 2020 the home sustained fire and smoke damage and Respondent submitted a claim for the loss under the insurance policy issued by Petitioner. A contractor hired by Respondent prepared an estimate for the cost to repair the damages and return the property to its pre-loss state. The contractor's estimate is signif...

Excerpt: ...ator's award. (Code Civ. Proc., § 1285.2.) If oral argument is timely requested, the matter will be heard on Wednesday, February 22, 2023 at 3:30 p.m. in Dept. 503 Explanation: Under Code of Civil Procedure section 1285, “Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award.” (Code Civ. Proc., § 1285.) “A response to a petition under this chapter may request the court t...