Excerpt: ...ject to the moton to strike for the purpose of determining if an agreement can be reached that resolves the objections to be raised in the motion to strike. If an amended pleading is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a motion to strike the amended pleading. (Code Civ. Proc., S 435.5, subd. (a), emphasis added.) In order to obtain an extension of time to file a respo...

Excerpt: ...'s motion to compel arbitration moot. Explanation: On June 29, 2022, plaintiffs filed the present achon regarding the purchase of a 2020 Chrysler Pacifica, which plaintiffs allege came with certain warranties. Problems with the vehicle ensued which form the basis of the instant complaint for damages. Plaintiffs brought five causes of achon against defendant FCA US, LLC ("FCA"), and one cause of action against defendant Fresno Chrysler Jeep Inc. d...

Excerpt: ...of his PAGA claim against defendant, and dismiss the representative portion of the PAGA claim. To stay the court action pending the outcome of arbitration. (Code Civ. Proc. S 1281.4) 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...

Excerpt: ...ent. 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, 93-95.) "Class certification requires proof (1) of a sufficiently numerous, ascertainable class, (2) of a well-defined community of interest, and (3) that certification will provide substant...

Excerpt: ...of the date of mailing of this order. Explanation: Plaintiff's first amended complaint fails to allege that she complied with the requirements of the Government Tort Claims Act, and therefore it fails to state any valid causes of action against defendants West Park Elementary School District and Kimberly Vivenzi. "[Government Codel Section 905 requires the presentation of 'all claims for money or damages against local public entities,' subject to...

Excerpt: ...r an Order Compelling Plaintiff's Further Responses to Requests for Admission Tentative Ruling: To grant in part defendant's motion to compel plaintiff to provide further responses to Form Interrogatories — General, and order plaintiff to provide further responses to Nos. 2.11(b), 8.5, 8.6, 8.7, 8.8. To deny the motion as to Nos. 2.3, 2.11(a), 8.4, 11.1, 11.2. To grant in part defendant's motion to compel plaintiff to provide further responses ...

Excerpt: ...ial fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., 5437c, subd. (c); Schacter v. Citigroup (2009) 47 Cal.4th 610, 618.) "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., S 437c subd. (f)(l); see also Catalano v. Superior Court (2000) 82 Cal.App.4th 91, 97 [piecemeal...

Excerpt: ...ent can be amended and the distribution of any cy pres funds can be ordered. as to the amount paid to class members must be filed on or before March 5, 2024. 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. In addition, there do...

Excerpt: ...t Beau Pennington only. 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. Explanation: Non-solicitation/Non-compete Agreements and Trade Secrets Business and Professions Code section 16600 states, "Except as provided in this chapter, every contract by which anyone is restrained from engaging in a lawful prof...

Excerpt: ...t for Production of Documents, Set One (1), which Defendant propounded on the Plaintiff June 24, 2022, within 10 days of service of this Order. To order Plaintiff to provide objectionless and verified responses to Form Interrogatories, Set One (1), which Defendant propounded on the Plaintiff on June 24, 2022, within 10 days of service of this Order. To order Plaintiff to provide objectonless and verified responses to Special Interrogatories, Set ...

Excerpt: ... to file the First Amended Cross-complaint, which will run from service by the clerk of the minute order. New allegations/language must be set in boldface type. Explanation: Cross-complaint Generally For a cross- complaint, claims against the plaintiff can be asserted regardless of the subject matter relationship; however, for claims against anyone else, the claims must relate to the subject matter or transaction alleged in the plaintiff's compla...

Excerpt: ... 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.) “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....

Excerpt: ...n of the cross-complaint. Explanation: 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(c); Schacter v. Citigroup (2009) 47 Cal.4th 610, 618.) The issue to be determined by the trial court in consideration of a motion for summary judgment is whether or not any facts have been presented which give rise to a triable ...

Excerpt: ...cur within 21 days of the date of this Order. To impose $2,453.10 in monetary sanctions against Defendant Ralph's Grocery Company dba Food's Co., to be paid to counsel for Plaintiff within 30 days of service of the Order by the clerk. Explanation: Code of Civil Procedure section 2025.450 provides, in pertinent part, as follows: (a) If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee...

Excerpt: ...for recovery of a monetary judgment for $386,092.76 granted on July 28, 2011 from the United States Bankruptcy Court. (See Complaint, ¶ 5; Ex. A.) Defendant - who was the debtor in the bankruptcy proceeding - appealed the judgment, and the Ninth Circuit Court of Appeals published its final decision on July 28, 2014 (“2014 Decision”). (See In re Shawn Deitz (9th Cir. 2014) 760 F.3d 1038, 1039 [holding that the Bankruptcy Appellate Panel (“B...

Excerpt: ... to the “American rule” that each party bears its own attorney fees. (Olson v. Automobile Club of Southern California (2008) 42 Cal.4th 1142, 1147.) The fundamental objective of the private attorney general doctrine is to encourage suits enforcing important public policies by providing substantial attorney fees to successful litigants in such cases. (Graham v. DaimlerChrysler Corp. (2004) 34 Cal.4th 553, 565 (Graham).) Under section 1021.5, t...

Excerpt: ...truck as the representative of the PAGA action. Defendant moves under Wesson v. Staples the Office Superstore, LLC. ((2021) 68 Cal.App.5th 746, 763 [“Wesson”].) There, the Second District Court of Appeals noted that the question of whether trial courts have inherent authority to ensure that PAGA claims will be manageable at trial, and to strike such claims if they cannot be managed, was one of first impression. (Id. at p. 755.) The Second Dis...

Excerpt: ...ave to amend is granted only as to the portions of the operative complaint pertaining to plaintiff's representative status and the estate's survivor's claims to allow plaintiff to allege sufficient facts to show the parties' intent to include her in her representative capacity as a party to the Tolling Agreement. Leave to amend as to the allegations pertaining to the other heirs' wrongful death claims is denied. (Code Civ. Proc., §§ 435, 436.) ...

Excerpt: ...arbitration “if it determines that an agreement to arbitrate the controversy exists.” (Code Civ. Proc., § 1281.2.) However, there is “no public policy in favor of forcing arbitration of issues the parties have not agreed to arbitrate.” (Garlach v. Sports Club Co. (2012) 209 Cal.App.4th 1497, 1505.) Thus, when a motion to compel arbitration is filed and accompanied by prima facie evidence of a written agreement to arbitrate the controvers...

Excerpt: ...473 as well as the court's equitable authority. (See Notice of Motion, p. 1:25; Motion p. 6:4.) The motion was first filed over two years ago on July 13, 2021. Plaintiff has requested numerous continuances, thus delaying the hearing and merits ruling, as well as flagrantly violating the local rules. “A party seeking relief under [Code of Civil Procedure] section 473(b) must file the motion within a reasonable time but not longer than six months...

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: ...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: ...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...