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...

Excerpt: ...represents a reasonable compromise, given the magnitude and apparent merit of the claims being released, discounted by the risks and expenses of attempting to establish and collect on those claims by pursuing litigation. The court has a fiduciary responsibility as guardians of the rights of the absentee class members when deciding whether to approve a settlement agreement . . . The courts are supposed to be the guardians of the class.” (Kullar ...

Excerpt: ... timely requested, the matter will be heard on Wednesday, February 22, 2023 at 3:30 p.m. in Dept. 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 court to reconsider its decision granting certific...

Excerpt: ...timely requested, the matter will be heard on Wednesday, February 22, 2023 at 3:30 p.m. in Dept. 503 Explanation: Under the Federal Arbitration Act (“FAA”), A written provision in … a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction, or the refusal to perform the whole or any part thereof, … shall be valid, irrevocable, and enforceable, save ...

Excerpt: ...Thursday, February 16, 2023 at 3:00 p.m. in Dept. 403. Explanation: Because Plaintiff does not dispute Giumarra's request for its “Filing and Motion fees” ($1,115.00), “Jury Fees” ($150.00), or “Deposition Costs” ($1,777.85), those costs are not taxed. At issue are Defendant Giumarra's request for its expert witness fees under Code of Civil Procedure section 998, subdivision (c)(1) ($27,485.50), its “Fees for Electronic Filing or Se...

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).) Items of allowable costs are set forth in Code of Civil Procedure section 1033.5, subdivision (a), and disallowed costs are set forth in subdivision (b). Items not expressly mentioned in the statute “upon application may...

Excerpt: ...1. Class Certification a. Standards First, the court must determine whether the proposed class meets the requirements for certification before it can grant preliminary approval of the proposed settlement. An agreement of the parties is not sufficient to establish a class for settlement purposes. There must be an independent assessment by a neutral court of evidence showing that a class action is proper. (Luckey v. Superior Court (2014) 228 Cal.Ap...

Excerpt: ...ursuant to [PAGA]. The proposed settlement shall be submitted to the agency at the same time that it is submitted to the 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 distri...

Excerpt: ...ation has been resolved. (Code Civ. Proc., § 1281.4.) To order defendant to pay plaintiffs' court costs in the amount of $514.16. (Code Civ. Proc., § 1293.2.) Defendant shall pay costs to plaintiffs within 30 days of the date of this order. Explanation: Pursuant to California Code of Civil Procedure section 1281.2, On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and tha...

Excerpt: ...ave to amend as to plaintiffs Leslie Trew and Najib Allabadi. To grant leave to amend as to plaintiff Zade Allabadi. To grant the motion to strike the prayer for attorney's fees, as improperly alleged. (Code Civ. Proc., §§ 435, 436.) To deny leave to amend to seek attorney's fees. Plaintiffs shall serve and file their first amended complaint within 10 days of the date of service of this order. All new allegations shall be in boldface. To order ...

Excerpt: ... the order by the clerk. Explanation: Notwithstanding defendant's protestation, it appears that plaintiffs' counsel engaged in adequate and good faith meet and confer efforts prior to bring this motion. Plaintiffs' counsel exchanged multiple meet and confer letters with defense counsel about the disputed responses in May 2022 after receiving defendant's responses and objections to the subject discovery. Plaintiffs' counsel made several attempts t...

Excerpt: ...b) and 2031.300, subd. (b).) To impose monetary sanctions in favor of Plaintiff Noe Aguilar and against Defendant Erik Scott. (Code Civ. Proc. §§ 2030.290, subd. (c) and 2031.300, subd. (c).) Defendant is ordered to pay monetary sanctions in the amount of $600 to the Grossman Law Offices, APLC law firm within 30 days of the clerk's service of the minute order. Explanation: A party that fails to serve a timely response to a discovery request wai...

Excerpt: ...f the minute order. All new allegations in the Second Amended Complaint are to be set in boldface type. Explanation: In relevant part, Code of Civil Procedure section 436 empowers the court to (a) strike out any irrelevant, false, or improper matter inserted in any pleading, and (b) strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state. Civil Code section 3294 allows for the recovery of punitive d...

Excerpt: ...l within 30 days of the date of service of this order. Explanation: Under Code of Civil Procedure section 405.30, any party, or any nonparty with an interest in real property affected by a lis pendens, can move to expunge the lis pendens at any time after the notice of pendency of action has been recorded. (Code Civ. Proc. § 405.30.) There are four bases upon which a party may seek to expunge: (1) the lis pendens is void and invalid (id., § 405...

Excerpt: ...t requests for entry of default and for default judgment. To grant monetary sanctions in the amount of $510 as plaintiff's reasonable expenses pursuant to Code of Civil Procedure section 2023.030, subdivision (a), but to deny plaintiff's request for sanctions against defendant's counsel pursuant to Code of Civil Procedure section 128.5. To find the Request to have Requests Admitted and the Motion to Compel Attendance moot. Explanation: There is e...

Excerpt: ...15 Cal.App.4th 1205, 1207.) The court does not decide the merits of the issues, but merely discovers, through the medium of affidavits or declarations, whether there are issues to be tried and whether the parties possess evidence that demands the analysis of a trial. (Melamed v City of Long Beach (1993) 15 Cal.App.4th 70, 76; Molko v Holy Spirit Ass'n (1988) 46 Cal.3d 1092, 1107; Schwoerer v Union Oil Co. (1993) 14 Cal.App.4th 103, 110.) In short...

Excerpt: ...duty.” (Paramount Petroleum Corp. v. Superior Court (2014) 227 Cal.App.4th 226, 242.) Consequently, “[a] motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.” (Code of Civ. Proc., § 437c subd. (f)(1); see also Catalano v. Superior Court (2000) 82 Cal.App.4th 91, 97 [piecemeal adjudication prohibited.].) In addition, “[s]umma...

Excerpt: ...ting the tentative ruling on defendant's demurrer to the complaint pursuant to Code of Civil Procedure section 1008, subdivision (a). As a preliminary matter, section 1008 requires a motion for reconsideration to be heard by the judge or court who made the order. The statute's requirement for the motion to be addressed to the “same judge or court” has been interpreted to mean that if the original judge is unavailable, another judge of the sam...

Excerpt: ...nation: 1. Class Certification a. Standards First, the court must determine whether the proposed class meets the requirements for certification before it can grant preliminary approval of the proposed settlement. An agreement of the parties is not sufficient to establish a class for settlement purposes. There must be an independent assessment by a neutral court of evidence showing that a class action is proper. (Luckey v. Superior Court (2014) 22...

Excerpt: ...n before it can grant preliminary approval of the proposed settlement. An agreement of the parties is not sufficient to establish a class for settlement purposes. There must be an independent assessment by a neutral court of evidence showing that a class action is proper. (Luckey v. Superior Court (2014) 228 Cal. App. 4th 81 (rev. denied); see also Newberg, Newberg on Class Actions (T.R. Westlaw, 2017) Section 7:3: “The parties' representation ...

Excerpt: ...frontation, attacking CrossComplainant, surreptitiously recording it, and using the footage in an effort to have CrossComplainant unjustly fired, is so extreme as to be beyond all bounds of decency tolerated by society.” (Cross Complaint, ¶ 22.) A SLAPP suit (Strategic Litigation Against Public Participation) is a suit brought “primarily to chill the valid exercise of constitutional rights of freedom of speech and petition for redress of gri...

Excerpt: ...is a suspended corporation and thus has no right to appear in the action or move to set aside the default. (Corp. Code § 2205; Palm Valley Homeowners Assn. v. Design MTC (2000) 85 Cal.App.4th 553, 560; Timberline, Inc. v. Jaisinghani (1997) 54 Cal.App.4th 1361, 1365‐1366.) The court intends to take judicial notice of the California Secretary of State's website, which shows that Midline is a suspended corporation. The court intends to deny the ...

Excerpt: ....” (Garlach v. Sports Club Co. (2012) 209 Cal.App.4th 1497, 1505) “Thus, in ruling on a motion to compel arbitration, the court must first determine whether the parties actually agreed to arbitrate the dispute.” (Mendez v. Mid‐Wilshire Health Care Center (2013) 220 Cal.App.4th 534, 541.) Defendant Nissan North American, Inc. (“Nissan”) moves to compel arbitration of plaintiffs' action on an arbitration clause in a retail installment s...

Excerpt: ... process” to include “failing to respond or submit to an authorized method of discovery” and “disobeying a court order to provide discovery.” (Code Civ. Proc. § 2030.010, subds. (d) & (g).) Code of Civil Procedure section 2023.030 states, in relevant part: To the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, person, or atto...

Excerpt: ...intiff's claim for violation of the Federal Locomotive Inspection Act (“LIA”), 49 U.S.C. § 20701, et seq. under the Federal Employers' Liability Act (“FELA”), 45 U.S.C. § 51, et seq. Under 45 U.S.C. section 51, Every common carrier by railroad while engaging in commerce between any of the several States or Territories, … shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce, �...