Excerpt: ...ims and cross‐claims alleged against them in this consolidated action. (Code Civ. Proc. § 437c.) Explanation: Defendants have met their burden of presenting evidence showing that they were not negligent and did not cause or contribute to the injuries suffered during the subject accident. Hub Group has presented evidence that it was not the owner of the trailer towed by Jorge Torres at the time of the accident, and it had no involvement in the ...

Excerpt: ... settlement of any civil action filed pursuant 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).) There are very few cases discussing section 2699, and none discuss the standards under which a court is to assess a settlement. Nor has the legislature provided any structure or standards for making the assessment. Published California case law...

Excerpt: ... it deems proper … [¶] (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” (Code Civ. Proc., § 436, subd. (b).) Although the court may strike pleadings “not filed in conformity with its prior rulings” (Ricard v. Grobstein, Goldman, Stevenson, Siegel, LeVine & Mangel (1992) 6 Cal.App.4th 157, 162), motions for such relief are “addressed to...

Excerpt: ...nt of $1,425, payable by plaintiffs and by defendants John G. Hein and Specialty Fresh, jointly and severally, on or before February 15, 2022. Explanation: Subject Complaint The subject complaint was filed by plaintiffs Raul Santellan and RNS Farms, a California limited liability company, against defendant John G. Hein and his company Specialty Fresh, a California limited liability company; defendant Mike Watts, and his company Grow Pure Citrus, ...

Excerpt: ...l arbitration, defendants must prove by a preponderance of evidence the existence of the arbitration agreement and that the dispute is covered by the agreement. The party opposing the motion must then prove by a preponderance of evidence that a ground for denial of the motion exists (e.g., fraud, unconscionability, etc.). (Rosenthal v. Great Western Fin'l Securities Corp. (1996) 14 Cal.4th 394, 413‐414; Hotels Nevada v. L.A. Pacific Ctr., Inc. ...

Excerpt: ...es to the requests for production of documents, and to compel third party Cal Pure Produce, Inc. to produce documents in compliance with the business records subpoena. Defendants and Cal Pure shall serve further responses and produce documents within 30 days of the date of service of this order. Also, to the extent that defendants or Cal Pure withhold any documents under a claim of privilege, they shall provide a privilege log. (Code Civ. Proc., ...

Excerpt: ...ontract, plaintiff has met its burden of producing evidence showing that defendant breached its lease 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) defendant's breach, and (4) resulting damage to plaintiff. (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821.) Her...

Excerpt: ...int seeks to recover civil penalties under the Private Attorneys General Act of 2004 (“PAGA,” Lab. Code, §§ 2698 et seq.) for labor violations that defendants allegedly committed against their non‐exempt employees. Defendants move for summary adjudication of the ninth cause of action, arguing that the PAGA notice1 was defective. Specifically, they argue the notice was defective because: (1) it did not adequately allege “facts and theori...

Excerpt: ...f Court, rule 3.770.) Explanation: 1. Introduction “The superior court shall review and approve any settlement of any civil action filed pursuant 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).) 2. Notice to Labor and Workforce Development Agency Plaintiff's counsel states that notice of the settlement was given to the Labor and Workfor...

Excerpt: ...Code, § 2699, subd. (l)(2).) PAGA itself does not set forth a clear applicable standard for approval of such settlements. (See Flores v. Starwood Hotels & Resorts Worldwide, Inc. (C.D. Cal. 2017) 253 F.Supp.3d 1074, 1075; Patel v. Nike Retail Services, Inc. (N.D. Cal., May 8, 2019) 2019 WL 2029061, at *2 [“PAGA does not establish a clear standard for evaluating PAGA settlements.”].)1 Accordingly, this court assesses settlement proposals unde...

Excerpt: ...clarations will not be considered in any way in connection with the motion for class certification or any other proceeding unless nonparties John Morquecho and Ruben Vela submit to deposition. To deny all requests for sanctions. (Code Civ. Proc., § 1987.2.) Explanation: Non‐parties John Morquecho and Ruben Vela failed to appear for their depositions despite issuance of subpoenas requiring their appearance. Defendant sought to depose these indi...

Excerpt: ...nce charges totaling over $460,000. (Mayhew Decl. ¶ 2‐3.) Defendant Billan is a resident of Arizona, and defendant Melonco, LLC is also based in Arizona. The court's file does not reflect that defendant Billan has been served in this action. Notice of the hearing must be served on the defendant at least 16 court days before the hearing. (Code Civ. Proc., §§ 484.040, 1005, subds. (a)(1) & (b).) A proof of service must be filed with the court ...

Excerpt: ...within 30 days of the clerk's service of the minute order. Explanation: Background Plaintiff is a joint powers authority organized and existing under the Commission of the California Statewide Communities Development Authority. Defendant is the owner in fee simple of the residential property located at 2286 East Sierra Avenue, in Fresno, California. Plaintiff and defendant allegedly contracted for the loan of monies to secure improvements to defe...

Excerpt: ...gment is granted when there is no triable issue as to any material fact and the moving party is entitled to judgment as a matter of law.'” (Lopez v. Superior Court (1996) 45 Cal.App.4th 705, 713, quoting Code Civ. Proc., § 437c, subd. (c).) To prevail on a motion for summary judgment, it is the defendant's burden to prove there is a complete defense or that the plaintiff cannot establish one or more elements of each of his causes of action. (B...

Excerpt: ...inute order by the clerk, to file and serve a first amended complaint. Explanation: Complaint In a Judicial Council form complaint, plaintiff appears to allege two causes of action against defendant: (1) workplace discrimination/wrongful termination and (2) negligence.2 The allegations in support of the complaint are set forth in attachments to the complaint, specifically an undated letter from plaintiff to the court (which plaintiff refers to as...

Excerpt: ...onses to Requests for Production of Documents, Set One Tentative Ruling: To deny. Explanation: Motions to compel further responses to interrogatories or requests for production must be accompanied by a declaration showing a “reasonable” and “good faith” attempt to resolve the issues outside of court. (Code Civ. Proc., §§ 2016.040, 2030.300, subd.(b), 2031.310, subd. (b)(2).) Various factors may be considered by the court in determining ...

Excerpt: ... plaintiff filed Case No. 21CECG00398 (“00398”) against defendants Henry Nunez and Henry Nunez Law Corporation for professional negligence and breach of fiduciary duty claims. Plaintiff now brings the present motion to consolidate the two cases. When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the acti...

Excerpt: ...ents; and Request for Monetary Sanctions Tentative Ruling: To grant and to award monetary sanctions in the total amount of $730 against plaintiff David Herrera, and his attorney Justin B. Toobi, jointly and severally, payable within 20 days of the date of this order, with the time to run from the service of this minute order by the clerk. Plaintiff shall serve verified responses without objections, to defendant Falcon Private Security, Inc.'s For...

Excerpt: ...re the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” (Code Civ. Proc., §1048, subd. (a).) Consolidation promotes trial convenience by avoiding duplicative procedures, particularly in proving issues common to both actions. (See McClure v. Donovan ...

Excerpt: ...ee. Plaintiff alleges that defendants entered into a contract to purchase four trailers, and defendants breached the agreement by failing to make the required payments. A party moving for summary judgment bears the initial burden of production to make a prima facie showing that no triable issue of material fact exists. Only when the initial burden of production is met, does the burden shift to the responding party to demonstrate the existence of ...

Excerpt: ...grant the motion to strike, in part, and strike paragraph 36, p. 10:8‐10; to deny as to the remainder of the items. (Code Civ. Proc., § 436.) Defendants shall file their answer to the SAC within 10 days of the date of service of the order by the clerk. Explanation: Demurrer Fifth Cause of Action The fifth cause of action is for intentional interference with prospective economic advantage. The cause of action vaguely alleges that plaintiffs and...

Excerpt: ... defamation, false light, and interference with prospective economic advantage against defendants. Each cause of action refers to or relies on two types of statements: statements made on a GoFundMe page, and statements made to or reported by various news publications. Defendants now bring a special motion to strike the entirety of plaintiffs' complaint, pursuant to Code of Civil Procedure section 425.16. Code of Civil Procedure section 425.16 (th...

Excerpt: ... issues the parties have not agreed to arbitrate.” (Garlach v. Sports Club Co. (2012) 209 Ca1.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 Hyundai Motor America (“HMA”) admits it is not a signatory to the arbitration agreement in...

Excerpt: ... against public participation (SLAPP) statute. (Code Civ. Proc., § 426.16, subd. (g).) To condition relief on limiting the scope of discovery. To deny plaintiff's motion in all other respects. To continue the hearing to December 16, 2021, at 3:30 p.m., in Department 503, to allow the parties to address the proposed scope of discovery as it relates to the legitimate business purpose argument and the discovery parameters allowed pursuant to the an...

Excerpt: ...f service of the minute order by the clerk. Explanation: Demurrer Defendants Orange Cove Amaya Associates ("Amaya") and AMG & Associates, LLC ("AMG") (collectively referred to as “defendants” for purposes of these motions) demur to each cause of action of the complaint, both generally for failure to state a cause of action, and specially, for uncertainty. (Code Civ. Poc., § 430.10, subd. (e), (f).) The court will quickly dispose of the speci...