Excerpt: ..., Inc. Explanation: Cross-defendant Induser Poniente has moved to dismiss or stay the action on the ground that California is an inconvenient forum, as the parties have already agreed to try the action in El Ejido, Spain. under Code of Civil Procedure secton 410.30, "When a court upon motion of a party or its own moton finds that in the interest of substantial justice an action should be heard in a forum outside this state, the court shall stay o...

Excerpt: ... a parallel criminal proceeding should be made in light of the particular circumstances and competing interests involved in the case. This means the decision maker should consider the extent to which the defendant's Fifth Amendment rights are implicated. In addition, the decision maker should generally consider the following factors: (1) the interest of the plaintiffs in proceeding expeditiously with this litigation or any particular aspect of it...

Excerpt: ...s 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 August 1, 2024. Explanation: 1. Final Class Approval The court has already granted the motion for preliminary approval and certification of the class and found that the class is sufficiently numerous...

Excerpt: ...the demurrers without leave to amend. The prevailing parties are directed to submit to this court, within seven days of service of the minute order, a proposed judgment dismissing the action as to the demurring defendants. Explanation: Plaintiff Abel Perez filed a first amended complaint (FAC) against defendants Watchtower Bible and Tract Society of New York, Inc., Watch Tower Bible and Tract Society of Pennsylvania, and Christian Congregation of...

Excerpt: ...her upcoming hearings. Explanation: Quashing Service of Summons The proof of service purporting to serve moving defendant shows service by substituted service on December 10, 2020, but it was not filed until June 20, 2023. Defendant filed this motion as soon as it learned plaintiff intended to treat this service as valid, even though defense counsel had spoken with plaintiff and informed her that defendant believed it was invalid and that she nee...

Excerpt: ...her upcoming hearings. Explanation: Quashing Service of Summons The proof of service purporting to serve moving defendant shows service by substituted service on December 10, 2020, but it was not filed until June 20, 2023. Defendant filed this motion as soon as it learned plaintiff intended to treat this service as valid, even though defense counsel had spoken with plaintiff and informed her that defendant believed it was invalid and that she nee...

Excerpt: ... order. Explanation: Meet and Confer Under Code of Civil Procedure section 430.41, "[blefore filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer." (Code Civ. Proc., S 430.41, subd. (a).) "As par...

Excerpt: ...s for lack of standing pursuant to the United States Supreme Court's decision in Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906, 1925 ("Viking River"). The court intends to grant the petition to compel the arbitration of plaintiff's individual PAGA claims, however, the representative PAGA claims are stayed. Plaintiff Ariel Reyes was employed by defendant Mad Duck Brewing, LLC from November 2021 through January 2022 as a cook. On July...

Excerpt: ... this minute order. Explanation: Plaintiff filed her original complaint which, stated eight (8) causes of action: religious discrimination (FEHA, Gov. Code S 12940(a)), harassment (FEHA, Gov. Code S retaliation (FEHA, Gov. Code S 12940(h)), hostile work environment (Gov. Code S 12940(k)), failure to engage in interactive process re accommodation (Gov. Code S failure to reasonably accommodate (Gov. Code S 12940(1)(1)), violation of labor code S 11...

Excerpt: ...ettlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors .„." (Code Civ. Proc., S 877.6, subd. under Tech-Bilt, Inc. v. Woodward-Clyde & Assocs. (1985) 38 Cal.3d 488 (Tech-Bilt), whether the settlement falls within the parameters of the good faith "ball park" is evaluated from the information available at the time of settlement, "including a rough approximation of plaintiffs' total recovery an...

Excerpt: ...ervice of the order by the clerk. Explanation: On April 18, 2023, defendant Labiak filed motions to compel further responses to requests for admission, requests for production of documents, and form interrogatories. Four motions were calendared, but it appears that Labiak twice filed the moton directed at the form interrogatories. Hence, there were really only three motions. Plaintiff Zupancic was unrepresented at the time she served the response...

Excerpt: ... reason for the court to reconsider its decision granting certification of the class. Therefore, the court certifies the class for the purpose of final approval of the settlement. 2. Settlement a. Legal Standards "When, as here, a class settlement is negotiated prior to formal class certification, there is an increased risk that the named plaintiffs and class counsel will breach the fiduciary obligations they owe to the absent class members. As a...

Excerpt: ... Joyce Henry cannot appear in court for her disabled adult daughter, Charmaigne Tyler. While Probate Code sec
Ÿon 3500 allows parents to Þle pe
Ÿ
Ÿons for compromise of a minor child's claim, there is no equivalent for disabled adults. Sec
Ÿon 372 of the Code of Civil Procedure provides that, when a person lacking legal capacity to make decisions or a person for whom a conservator has been appointed is a party, “that person shall appear ei...

Excerpt: ...tions conditionally: If Plaintiff fails to comply with the court's December 15, 2022, order within 10 days of the clerk's service of this minute order, then the court grants the issue and evidence sanctions requested by the City of Fresno (the City), as set forth below. Explanation: Monetary Sanctions The failure to respond to a discovery request is a "misuse of the discovery process" under Code of Civil Procedure section 2023.010, subdivision (d...

Excerpt: ...desire to amend, the Second Amended Complaint shall be filed within ten (10) days from the date of this order. The new amendments shall be in bold print. Should plaintiff elect not to amend, demurring defendants shall file responsive pleadings within twenty (20) days from the date of this order. Explanation: First thru Third Causes of Action: Breach of Contract, Implied Covenant, and Common Counts Standing can appropriately be tested by a general...

Excerpt: ...int ("FAC") on 3/13/20, alleging that during a 2015 surgical procedure a part of the coil deployment system, a 24 cm long wire fragment, was left within Zachary Costi that should have been removed during the procedure. (FAC "1 12, 15, 15.) The device was not discovered until 2/1/19. The first two causes of action are essentially for medical malpractice, asserted against treating physicians. The third is for products liability (design and manufact...

Excerpt: ... claims. Explanation: In moving to compel arbitration, a defendant must prove by a preponderance of evidence the existence of the arbitration agreement and that the disputes are 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.) (Hotels Nevada v. L.A. Pacific Center, Inc. (2006) 144 Cal.App.4th 754, 758.) Writte...

Excerpt: ...laint. (Code Civ. Proc., S 430.10, subd. (e).) The time in which the complaint may be amended will run from service of the order by the clerk. All new allegations shall be in boldface type. Explanation: Strike the TAC The court may, on motion or at any time in its discretion, strike a pleading or allegations from a pleading in two situations: (a) the allegation is "irrelevant, false, or improper" or "superfluous" or "abusive" and (b) where the "p...

Excerpt: ...ll run from service by the clerk of the minute order. Explanation: Demurrer Generally The function of a demurrer is to test the sufficiency of a plaintiff's pleading by raising questions of law. (Plumlee v. Poag (1984) 150 Cal.App.3d 541, 545.) The test is whether plaintiff has succeeded in stating a cause of action; the court does not concern itself with the issue of plaintiff's possible difficulty or inability in proving the allegations of the ...

Excerpt: ...e following conditions, the motion is: (1) brought before the same judge that made the order; (2) made within 10 days after service upon the party of notice of the entry of the order; (3) based on new or different facts, circumstances, or law; and (4) made and decided before entry of judgment. Code of Civil Procedure section is jurisdictional. (Gilberd v. AC Transit (1995) 32 Cal.App.4th 1494, 1499.) A party requesting the court reconsider its pr...

Excerpt: ...-defendants' demurrer and motion to strike set for September 12, 2023. Explanation: The default entered on April 24, 2023 was in error. The March 8, 2023 prtnf of service as to defendant was defective because the time did not indicate whether it was served at 11:00 a.m. or II:W p.m. and was signed on February 29, 2022, predating the filing of the complaint. The court may correct clerical mistakes in its judgment or orders and set aside any void j...

Excerpt: ...e 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 July 3, 2024. Explanation: 1. Class Certification The court has already granted the motion for preliminary approval and certification of the class, and has found that the class is sufficiently numerous and ascertainable to warrant certification for the purpose of approving the settlement. In addition,...

Excerpt: ...n 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 July 3, 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, t...

Excerpt: ...ts for judicial notice, subject to limitations as described in the explanation below. Explanation: Defendant City of Fresno moves to strike the entire complaint under Code of Civil Procedure section 425.16, contending that the complaint is a strategic lawsuit against public participation ("SLAPP suit"), and thus it is subject to being stricken unless plaintiff can show by admissible evidence that he has a probability of prevailing on the merits o...

Excerpt: ...na Luna motion and as to the Rufino Hernandez motion. Explanation: "Any party may obtain discovery . by taking in California the oral depsition of any person, including any party to the action." (Code Civ. Proc., S 2025.010.) Proper service of a notice of deposition compels any deponent to attend, to testify, and to produce documents if requested. Civ. Prcyc., S 2025.280, subd. (a).) Where a party deponent fails to appear at a properly noticed de...