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 �...

Excerpt: ...30 p.m. in Department 403 for the defendant corporation to obtain counsel. Explanation: Corporations may not represent themselves before the court in propria persona, nor can corporations represent themselves through their officers, directors, or any other employee who is not an attorney. (CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1145.) Corporations must be represented by an appropriately licensed attorney in court...

Excerpt: ...nd request for stay, set to be heard on March 1, 2023. On December 8, 2022, defendant filed the instant motion for stay pursuant to Code of Civil Procedure section 1281.4. Code of Civil Procedure section 1281.4 provides, in pertinent part: If an application has been made to a court of competent jurisdiction, whether in this State or not, for an order to arbitrate a controversy which is an issue involved in an action or proceeding pending before a...

Excerpt: ... (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 or the dat...

Excerpt: ...ion 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 waived by the petitioner; or (b) Grounds exist for the revocation of t...

Excerpt: ...o requires certification of a preliminary settlement class. (Cal. Rules of Court, rule 3.769, subd. (d).) “If the court grants preliminary approval, its order must include the time, date, and place of the final approval hearing; the notice to be given to the class; and any other matters deemed necessary for the proper conduct of a settlement hearing. (Cal. Rules of Court, Rule 3.769, subd. (e).) “If the court has certified the action as a cla...

Excerpt: ...Thursday, February 16, 2023 at 3:00 p.m. in Dept. 403. Explanation: Because Plaintiff does not dispute Giumarra's request for its “Filing and Motion fees” ($1,115.00), “Jury Fees” ($150.00), or “Deposition Costs” ($1,777.85), those costs are not taxed. At issue are Defendant Giumarra's request for its expert witness fees under Code of Civil Procedure section 998, subdivision (c)(1) ($27,485.50), its “Fees for Electronic Filing or Se...

Excerpt: ...ursuant 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).) The statute does not explain what exactly the trial court should consider when reviewing a proposed PAGA settlement. However, recently the Court of Appeal in Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56 did provide some guidance. The court explained that “many federal distri...

Excerpt: ...b) and 2031.300, subd. (b).) To impose monetary sanctions in favor of Plaintiff Noe Aguilar and against Defendant Erik Scott. (Code Civ. Proc. §§ 2030.290, subd. (c) and 2031.300, subd. (c).) Defendant is ordered to pay monetary sanctions in the amount of $600 to the Grossman Law Offices, APLC law firm within 30 days of the clerk's service of the minute order. Explanation: A party that fails to serve a timely response to a discovery request wai...

Excerpt: ...ting the tentative ruling on defendant's demurrer to the complaint pursuant to Code of Civil Procedure section 1008, subdivision (a). As a preliminary matter, section 1008 requires a motion for reconsideration to be heard by the judge or court who made the order. The statute's requirement for the motion to be addressed to the “same judge or court” has been interpreted to mean that if the original judge is unavailable, another judge of the sam...

Excerpt: ...nation: 1. Class Certification a. Standards First, the court must determine whether the proposed class meets the requirements for certification before it can grant preliminary approval 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 proper. (Luckey v. Superior Court (2014) 22...

Excerpt: ...n before it can grant preliminary approval 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 proper. (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 ...

Excerpt: ...ended Complaint by plaintiff be filed by an attorney licensed to practice law in California. Plaintiff is granted 30 days' leave to a First Amended Complaint within the limitations above. The time in which the answer can be filed will run from service by the clerk of the minute order. To grant the Request for Judicial Notice Explanation: 1. Demurrer based on Res judicata Because there has already been Small Claims litigation and a judgment betwee...

Excerpt: ...precede the trial of any other issue or any part thereof in the case….” (Code Civ. Proc., § 598.) Similarly, Code of Civil Procedure section 1048 provides that “[t]he court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action…or of any separate issue or of any number of causes of action or issues.” (Code Civ. Proc., �...