Excerpt: ...aid progra m, administered by the Department of Health Care Services (DHCS or Department). (42 U.S.C., § 1396a.) When a Medi -Cal beneficiary is injured and medical expenses are paid on their behalf, DHCS may assert a lien on a personal injury settlement. However, w here the Medi -Cal beneficiary's injury case settles for less than the full amount of damages, any Medi -Cal lien must be reduced based on a reasonable apportionment of the amount ...

Excerpt: ...te, in a writing signed by the parties outside the presence of the court or 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.” “If the court determines that the parties entered i...

Excerpt: ...ttorney F ee Split Agreement. To approve the requested settlement administration fees of $4,250 to Phoenix Class Action Admiration. Explanation: Because an aggrieved employee's action under the [PAGA] functions as a substitute for an action brought by the governm ent itself, a judgment in that action binds all those, including nonparty aggrieved employees, who would be bound by a judgment in an action brought by the government. The act author...

Excerpt: ...ays of service of the order by the clerk. Explanation: “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading ... ” (Code Civ. Proc., § 473, subd. (a)(1).) The court's discretion will usually be exercised liberal ly to permit amendment of the pleadings. (See Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) Here, however, the motion fails to comply with the Rules of Court, and se...

Excerpt: ...ts shall submit a proposed judgment consistent with the court's ruling within ten (10) days from the date of this order. Explanation: Summary Judgment A trial court shall grant summary judgment where there are no triable issues of material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., §437c, subd. (c); Schacter v. Citigroup (2009) 47 Cal.4th 610, 618.) The moving party bears the initial burden of product...

Excerpt: ...: Judgment on the Pleadings A motion for judgment on the pleadings has the same function as a general demurrer but is made after the time for demurrer has expired, and so the rules governing demurrers apply. (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4 th 995, 999.) As in demurrers, grounds for the motion must appear on the face of the challenged pleading or on facts which the court may judicially notice. (Saltarelli & Steponovich v. Doug...

Excerpt: ...n an action under the Song–Beverly Act “shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reas onably incurred by the buyer in connection with the commencement and prosecution of such action.” (Civ. Code, § 1794, subd. (d).) The statute “requires the trial court to mak...

Excerpt: ...ivers Alliance (NCRA), et al.'s, motion for attorney's fees, in the amount of $84,837.98. To grant defendants California Water Impact Network (CWIN), et al.'s, motion for attorney's fees, in the amount of $8,985.00. To grant defendants County of San Jo aquin and County of Trinity's motion for attorney's fees, in the amount of $87,465.00. Explanation: All three sets of defendants have moved for supplemental attorney's fees under Code of Civil Proc...

Excerpt: ...nt (the "FAC") that he purchased a 2018 Chevrolet Silverado (the "Vehicle") on April 5, 2019. The plaintiff alleges the defendant, General Motors LLC, ("GM") had exclusive knowledge that the Vehicle had a "Transmission Defect," based on multiple sources of information , including internal reports, customer complaints made directly to GM, and technical service bulletins. This information was not available to the pub...

Excerpt: ...ff in this case, Jose Rios Garcia, alleges a single cause of action against the County of Fresno (the "County") for premises liability arising from an accident that occurred when he bumped into a glass window and cut his eye after previously undergoing eye s urgery. Grounds for Demurrer The County demurs generally on the ground that the plaintiff fails to state a cause of action because: (1) under Government Code section 945.6, he failed ...

Excerpt: ... Offi ce. Defendants' counsel is to prepare proposed orders for the court to include this information, which shall be provided by plaintiff's counsel. To grant defendants attorney's fees in the sum of $2,063.75. (Code Civ. Proc., § 405.30.) Plaintiff shall pay the attorney's fees to defendants' attorney within 30 days of service of the order by the clerk. Explanation: A lis pendens may be expunged on the grounds of 1) a void and invalid lis pend...

Excerpt: ... d that there is no need to suspend or revise the Orders entered on December 20, 2023. Explanation: The Notice of Attorney's Charging Lien was overlooked by the court when it initially reviewed the three Petitions, and by the time petitioners' attorne y filed a late Response on December 18, 2023, the court's Tentative Ruling had already been posted on the Tentative Ruling document that was published on December 19, 2023. So this was also overloo...

Excerpt: ...f the second amended complaint with leave to amend. The plaintiff is granted leave of 10 days to file his first amended complaint, which will run from service by the clerk of the minute order. New language must be set in boldface type. Explanation: The plaintiff, Joshua Spengeman, filed his complaint in this action on September 6, 2022, to recover for harassment, discrimination, retaliation, and assault he experienced on his job as an employee...

Excerpt: ...er second amended complaint within 10 days of the date of service of this order. All new allegations shall be in boldface. Explanation: “ ‘Code of Civil Procedure section 473, which gives the courts power to permit amendments in furtherance of justice, has r eceived a very liberal interpretation by the courts of this state.... In spite of this policy of liberality, a court may deny a good amendment in proper form where there is unwarranted de...

Excerpt: ...�� 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 enf orceable, save upon such grounds as exist at law or in equity for the revocation of any contract. (9 U.S.C. § 2.) “In recognition of Congress' principal purpose of ensuring that private arbitr...

Excerpt: ...ant Est ate of Mine, LLC's responses to Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One. To deny plaintiff's motion to deem requests for admissions admitted. (St. Mary v. Superior Court (2014) 223 C al.App.4th 762, 776.) To impose monetary sanctions in favor of plaintiff and against defendant Estate of Mine, LLC. (Code Civ. Proc. §§ 2023.010, subd. (d), 2030.290, subd. (c), 2031....

Excerpt: ...reed to arbitrate.” (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 H ealth Care Center (2013) 220 Cal.App.4th 534, 541.) Defendant American Honda Motor Co., Inc. (“Honda”) moves to compel arbitration of plaintiffs' action pursuant to an arbitration cla...

Excerpt: ... 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.) “In proceedings under this chapter, the court shal l order the notice expunged if the court finds that the pleading on which the notice is based does not contain a real property claim.” (Code Civ. Proc., § 405.31.) In addition, “the court shall order th...

Excerpt: ...gations shall be in boldface. Explanation: Defendant General Motors, LLC (“Defendant”) moves to strike the prayer for punitive damages from the Second Amended Complaint (“SAC”).1 Defendant argues that punitive damages are not authorized under the Song -Beverly Consumer Warranty Act, and unsupported by the allegations to satisfy Civil Code section 3294. Plaintiffs Ismael Sanchez and Esperanza Rios Velarde (collectively “Plaintiffs”) ag...

Excerpt: ... -day lea ve to amend period. The time in which the answer can be amended will run from service by the clerk of the minute order. Explanation: Defendant MB, a limited liability company, filed its Answer to the Complaint on December 12, 2022. The answer was si gned by legal counsel at that time, but on December 20, 2022 MB filed a substitution of attorney, relieving its former attorney as counsel and substituting itself as legal representative. ...

Excerpt: ...to enter a corrected judgment because the original judgment incorrectly states that defendant Charmla Capanaro has a 3.5% interest in the property, when in fact she has a 4% interest. Also, Charmla has now passed away, so the judgment needs to be corrected to substitute her testate and intestate successors as the property owners in her place. The court does have the power to correct clerical errors in its judgment. (In re Goldberg's Estate (1938)...

Excerpt: ...oes not dispute that there exists an agreement to arbitrate, and that its cross- claims fall within the scope of the agreement. (Clark Decl., Exh. 1, ¶ 23.) In fact, the cross- claims were previously asserted by Joesclub in arbitration before LMI filed the C omplaint in this unlimited civil action. The arbitration proceeding was closed for lack of payment of on the retainer fee by Joesclub. (Clark Decl., Exh. 4.) Accordingly, the basic criteria...

Excerpt: ... acti on and the prayer for attorney's fees. (Code Civ. Proc. § 430.10, subd. (e).) To sustain the general demurrer to the sixth and seventh causes of action. (Code Civ. Proc. § 430.10, subd. (e).) Plaintiff is granted 10 days' leave to file the Second Amended Complaint, which will run from service by the clerk of the minute order. New allegations/language must be set in boldface type. To deny the motion to strike. To grant defendant's request...

Excerpt: ...o the Second Amended Complaint. The time in which the answers can be filed will run from service by the clerk of the minute order. To sustain the demurrers by both defendants as to the second cause of action, without leave to amend. Defendants are directed to submit to this court, within 7 days of service of the minute order, a proposed judgment dismissing the second cause of action as to both defendants. To grant the motion to strike the prayer...

Excerpt: ...n: Defendant demurs to the third cause of action for fraud on the ground that plaintiff fails to state facts sufficient to state a cause of action. Stating a Fraud Cause of Action “ ‘The elements of fraud, which give rise to the tort action for deceit, are (a) misrepresentation (false representation, concealment, or nondisclosure); (b) knowledge of falsity (or “scienter”); (c) intent to defraud, i.e., to induce reliance; (d) justifiable ...