Excerpt: ...pretrial settlement. (Legis. counsel's Dig., Assem. Bill No. 237 (2000—2001 Reg. sess.) 5 stats. 2001, summary Dig., pp. 181-182; cal. Law Revision Com. com., 19 West's Ann. Code Civ. Proc. (2007 ed.) fall. S 1260.040, p. 523.) Secton 1260.040 authorizes a party to an eminent domain action to file a motion requesting a ruling on "an evidentiary or other legal issue affecting the determination of compensation" and provides that the trial court m...

Excerpt: ... will run from service of the order by the clerk. All new allegations shall be in boldface type. Explanation: First Cause of Action — Disability Discrimination Defendants attack this cause of action on the ground that that plaintiff does not allege that she suffered from a qualifying disability — the hand injury does not constitute a qualifying disability. Specifically, plaintiff alleges that she suffered a "hand injury" while on the job, and...

Excerpt: ...stigation reports created by the defendant or its risk management department with the dominant purpose of preparing for anticipated litigation are subject to the attorney-client privilege. "Where, as here, a corporate employer requires that employees make a report, the privilege of that report is determined by the employer's purpose in requiring the report. When the corporate employer has more than one purpose in requiring the report, the dominan...

Excerpt: ...of express and implied warrantes concerning this vehicle underthe Song-Beverly Consumer Warranty Act (Civ. Code, SS 1790, et seq.). Nissan moves to compel plaintiff to arbitrate these claims based on the Retail Installment Sales Contract ("RISC") she signed when she purchased the subject vehicle. Evidentary Objections Plaintiff's evidentiary objections are overruled. As defendant correctly argues on reply, the party moving to compel arbitration d...

Excerpt: ...proval 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 pro#r. (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 of an uncontested motion for class cer...

Excerpt: ...d from these records, are confidential and shall not be disclosed in any criminal or civil proceeding except by discovery pursuant to Sections 1043 and 1045 of the Evidence Code." Evidence Code secton 1043 requires a noticed motion which identifies the records sought, and "affidavits showing good cause for the discovery or disclosure sought, setting forth the materiality thereof to the subject matter involved in the pending litigation and stating...

Excerpt: ...ased risk that the named plaintiffs and class counsel will breach the fiduciary obligations they owe to the absent class As a result, such agreements must withstand an even higher level of scrutiny for evidence of collusion or other conflicts of interest than is ordinarily required under Rule 23(e) before securing the court's approval as fair." (Koby v. ARS National Services, Inc. (9th Cir. 2017) 846 F. 3d 1071, 1079.) "[l]n the final analysis it...

Excerpt: ...l Prmædure section 473, subdivision (b), prov-des for discretionary relief from a default or default judgment that has been entered due to mistake, surprise, inadvertence, or excusable neglect. Civ. Proc. S 473, subd. The party seeking relief must bring his or her moton within a reasonable time, not to exceed six months from the date of entry of the default or default judgment. (Ibid.) "Where the mistake is excusable and the party seeking relief...

Excerpt: ...Restoration International DRI, Inc. to Respond to Form Interrogatories, Set One, and Imposing Monetary Sanctions 3) Moton by Plaintiff CVE Contracting Group, Inc. for Order Compelling Defendant Disaster Restoration International — DRI, Inc. to Respond to Request for Production of Set One, and Imposing Monetary Sanctions Tentative Ruling: To grant plaintiff's motion to deem requests for admission admitted. The truth of the matters specified in t...

Excerpt: ... 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 that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been ...

Excerpt: ...minute order. Given this order, plaintiff's default prove-up, with evidentiary hearing is ordered off calendar as moot. Explanation: Timeliness of Motion to Set Aside Default The court fails to understand plaintiff's argument that the set aside motion was not timely filed (Opposition, p. 5:11). The only basis offered for this, as far as the court can see, is that defendants "unreasonably" waited until after the defaults were entered to seek relie...

Excerpt: ...udgment pursuant to the terms of the settlement." It also provides that the parties may request that the court "retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement." (Code Civ. Proc. S 664.6.) Due to the summary nature of the statute authorizing judgment to enforce a settlement agreement, strict compliance with its requirements is prerequisite to invoking the power of the court t...

Excerpt: ... a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, ...

Excerpt: ... 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 March 12, 2024. Explanation: Final Approval of Settlement California Rules of Court, rule 3.769(g) states: "Before final approval, the court must conduct...

Excerpt: ...tement of Damages Tentative Ruling: To grant defendant's moton to deem requests for admissions admitted, and to award sanctions in the amount of $430 against plaintiff, payable within 20 days of the date of this order, with the tme to run from the service of this minute order by the clerk. The truth of the matters specified in the Request for Admission, Set One, are to be deemed admitted, unless plaintiff serves, before the hearing, a proposed re...

Excerpt: ...ys of the date of service of this order. All new allegations shall be in boldface. Explanation: First Cause of Action: Plaintiff has not alleged any facts showing how defendants are liable for violating the FDCPA. Plaintiff has not alleged any facts at all with regard to defendants West Coast Capital Group, Inc. or California TD Specialists, or made any attempt to show how they violated the FDCPA. Thus, he has not stated a claim against West Coas...

Excerpt: ...and request for production of documents, set one. (Code Civ. Proc. SS 2030.290; 2031.300.) Plaintiff is deemed to have waived all objections to the discovery requests. (Ibid.) Plaintiff shall serve her verified responses to the discovery requests without objections within 15 days of the date of this order. To grant the defendant's motion for sanctions against plaintiff and her attorney, in the amount of $720. Plaintiff shall pay sanctions within ...

Excerpt: ...oval, the court must conduct an inquiry into the fairness of the proposed settlement." Subsection (h) states: "If the court approves the settlement agreement after the final approval hearing, the court must make and enter judgment. The judgment must include a provision for the retention of the court's jurisdiction over the parties to enforce the terms of the judgment. The court may not enter an order dismissing the action at the same time as, or ...

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

Excerpt: ...he motion for summary judgment is untimely, "highly prejudicial," and violates due process. (Opp. at p. 3:17.) However, the authority offered as support for proposition that - Gamble v. Los Angeles Dept. of Water and Power (2W2) 97 Cal.App.4th 253 (Gamble) - specifically conditioned its reversal on the record's absence of a suggestion that the judge presiding over the summary judgment motion was unavailability. (ld. at p. 259.) Here, in light of ...

Excerpt: ...of judgment pursuant to Code of Civil Procedure, section 724.050. If a money judgment has been satisfied, the judgment debtor, the owner of real or personal property subject to a judgment lien created under the judgment, or a person having a security interest in or a lien on personal property subject to a judgment lien created under the judgment may serve personally or by mail on the judgment creditor a demand in writing that the judgment credito...

Excerpt: ...terms of Code of Civil Procedure section 474 have not been complied with, the purported defendant has not been named as such in the complaint. A service upon one not named in a complaint does not confer jurisdiction to proceed upon the complaint against him, and a motion to quash is proper.” (Maier Brewing Co. v. Flora Crane Service, Inc. (1969) 270 Cal.App.2d 873, 875; see also McClatchy v. Coblentz, Patch, Duffy & Bass, LLP (2016) 247 Cal.App...

Excerpt: ...), which Plaintiff propounded on the Defendant on December 17, 2021, within 10 days of service of this Order. To order Defendant to provide objectionless and verified responses to Form Interrogatories, Set One (1), which Plaintiff propounded on the Defendant on December 17, 2021, within 10 days of service of this Order. To order that the matters set forth in Plaintiff's Request for Admissions, Set One (1), which Plaintiff propounded on Defendant ...

Excerpt: ..., plaintiff signed a Retail Installment Sales Contract (“RISC”) which contained an arbitration clause. Problems with the vehicle ensued, and this “lemon law” action was filed on 2/23/21, against both Clovis Chrysler and FCA. The Complaint alleges the following causes of action: (1) Violation of Subdivision (d) of Civil Code section 1793.2; (2) Violation of Subdivision (b) of Civil Code section 1793.2; (3) Violation of Subdivision (a)(3) o...

Excerpt: ... clerk of the minute order. Explanation: Statutory Relief: The trial court has broad discretion to vacate the judgment and/or the clerk's entry of default that preceded it. However, that discretion can be exercised only if the moving party establishes a proper ground for relief, by the proper procedure, and within the statutory time limits. (Cruz v. Fagor America, Inc. (2007) 146 Cal.App.4th 488, 495.) The court is empowered to relieve a party �...