Excerpt: ...shall be submitted to the agency at the same time that it is submitted to the court." (Lab. Code, S 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 district courts have applied the 'fair, reasonable, an...

Excerpt: ...o, City of Fresno Code Enforcement Division and John Giannetta's demurrer to the Second Amended Complaint, with leave to amend. (Code Civ. Proc. S 430.10, subd. Plaintiffs Bryce D. Hovannisian and Lindsay E. Hovannisian shall serve and file an amended complaint within ten (10) days of the date of service of this order by the clerk. All new allegations shall in boldface. Explanation: Defendants Fresno County Tax Collector Oscar Garcia ("Garcia"), ...

Excerpt: ...It argues that its attorney, Sumair Sandhu, had intended to file a demurrer and/or a motion for change of venue, but another attorney at the defense firm instead mistakenly filed the answer and crosscomplaint. Declarations from both defense attorneys are presented in support of the motion. While the court does not doubt counsels' contention that an excusable mistake was made, and it also agrees with the reply argument that there has been no unrea...

Excerpt: ...serve and file supplemental opposition by the close of business on December 7, 2023. Defendant shall serve and file fts supplemental reply by the close of business on December 15, 2023. The trial date of October 30, 2023 is off calendar. Explanation: Defendant General Motors has moved for summary judgment, or in the alternative summary adjudication of the plaintiffs claims for breach of express and implied warranties under the Song-Beverly Consum...

Excerpt: ...ance Corporation are directed to file an answer within ten days of service of the minute order by the clerk. Explanation: The court initially notes defendants Sordi Properties and The La Hacienda Condominiums Maintenance Corporation, erroneously sued as La Hacienda Condominiums Maintenance Group, (collectively "Defendants") failure to demonstrate compliance with Code of Civil Procedure section 430.41, subdivision (a), which requires parties to me...

Excerpt: ...v. Proc„ SS 436, subd. (a); 431.10, subd. (c)), and, as recogn-zed in plaintiff's opposition, it is "[t]he policy of the law [l to construe the pleadings "liberally 'with a view to substantial justice.' (Citation.)" (Opp. at p. 2:27- 28.) It is also well settled that "[o]nce the employer admittedly becomes vicariously liable for the negligent acts of the employee, there is no remaining basis at a future trial to attempt to prove the negligence ...

Excerpt: ...d conditionally under seal (and served as set forth in the Rules). Other particulars required on a motion to seal are set forth in the Rules. The court will not address the merits until the moton is correctly filed and the Rules of Court are properly followed. (See Cal. Rules of Court, Rules 2.550-2.551.) Furthermore, it should be noted that the proposed sealing must be narrowly tailored, since sealing court records conflicts with the First Amend...

Excerpt: ...rocedure. Once a motion to compel answers is granted, continued failure to respond or inadequate answers may result in more severe sanctions, including evidence, issue or terminating sanctions, or further monetary sanctions. (Code Civ. Proc. SS 2030.290, subd. (c), 2031.300, subd. Sanctions for failure to comply with a court order are allowed only where the failure was willful. (R.S. Creative, Inc. v. Creative Cotton, Ltd. (1999) 75 cal.App.4th 4...

Excerpt: ...timony by defendant Susan Patten ("Defendant") in an underlying probate proceeding. The Complaint states five causes of action: (1) abuse of process; (2) breach of contract; (3) constructive trust; (4) fraudulent inducement; and (5) intentional infliction of emotional distress. Defendant brings the present special motion to strike ("anti SLAPP") against the entirety of the Complaint pursuant to Code of Civil Procedure section 425.16. A SLAPP suit...

Excerpt: ...ive damages allegations, once plaintiff has obtained discovery of further facts warranting punitive damages. Defendants shall file their answer(s) to the FAC within 10 days of service of the order by the clerk. Explanation: "The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading, (b) Strike out al...

Excerpt: ...ded Cross-complaint, which will run from service by the clerk of the minute order. New allegations/language must set in boldface type. Explanation: Cross-Defendant SpotOn Transact, LLC ("SpotOn") demurs to the third and fourth causes of action in cross complainants' second amended cross-complaint (SACC) on the basis that each falls to state facts sufficient to state a cause of action. (Code Civ. Proc. 5430.10, subd. (e).) Additionally, SpotOn dem...

Excerpt: ... However, "[al 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." (CCP S 437c(f)(1); see also Catalano v. Superior Court (20CO 82 Cal.App.4th 91, 97 [piecemeal adjudication prohibitedl.) The ultimate burden of persuasion rests on defendant, as the moving party. The initial burden of production is on defendant to show by a preponde...

Excerpt: ...ee-prong analysis: identifying the issues as framed by the pleadings; determining whether the moving party has established facts negating the opposing party's claims and justifying judgment in the movant's favor; and determining whether the opposition demonstrates the existence of a triable issue of material fact. (Hutton v. Fidelity National Title Co. (2013) 213 Cal.App.4th 485, 493.) The moving party bears the burden of showing the court that t...

Excerpt: ...or Production of Documents (set three) within twenty (20) days from the date of this order. Plaintiff Kathleen Slatic shall pay monetary sanctions of $807.50, payable to counsel for Daniel Ashley within twenty (20) days from the date of this order. To set a status conference on Tuesday, November 13, 2023 at 3:30 p.m. in Dept. 403 re compliance with this order and the imposition of issue/terminating sanctions. On or before November 1, 2023 Plainti...

Excerpt: ...herein on October 5, 2022. Plaintiff's complaint, against each of the other drivers, alleges a claim for negligence resulting in personal injury and property damage. On November 8, 2022, defendant Macias filed his general denial and asserted six (6) affirmative defenses. Subsequently, the parties entered into a stipulation whereby plaintiff was to file a first amended complaint. On March 30, 2023, defendant Mac:ias filed his answer to the first a...

Excerpt: ...Kræker, M.D. ("Defendant") brings the present general demurrer as to the first cause of action, for medical battery, for failure to state facts sufficient to constitute an action. On a demurrer a court's function is limited to testing the legal suffciency of the complaint. A demurrer is simply not the appropriate procedure for determining the truth of disputed facts. (Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 113-...

Excerpt: ...Group, LLC's Answer to Complaint filed on January 20, 2022; (2) PEP Partners, LLC's and LJ88C Group, LLC's Crosscomplaint filed on January 20, 2022; and (3) PEP Partners, LLC's and UBBC Group, LLC's Answer, filed on May 17, 2022, to Cross-complaint of Green Capital Investments, LLC and Green Capital Management Services, Inc. The court also enters the defaults of PEP Partners, LLC and UBBC Group, LLCto the complaint of plaintiff West Elm, LLC, and...

Excerpt: ...t against plaintiff and cross-defendant Michael Menefee ("Cross-Defendant") regarding the use and enjoyment of 9714 South Leonard Avenue, Selma, California (the "Property"). Cross-complainants bring two causes of action of assumpsit, for unpaid rent, and for unjust enrichment. Cross-Defendant brings the instant demurrer to the Cross-complaint on several grounds: (1) the first cause of action fails to state the nature of the contract; (2) the firs...

Excerpt: ...f's evidentiary objections to portions of the Alejandra Garcia Declaration, the court is not making a ruling as to paragraph 9 as the court is not considering the 2009 agreement. The court is sustaining the objections to paragraphs 10 and 13. The court is overruling the objection to paragraph 11, with the exception of the words, "...that had been enclosed with the Memo..." Explanation: Under the Federal Arbitration Act ("FAA"), A written provisio...

Excerpt: ...e section 877.6, "Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors, upon giving notce in the manner provided in subdivision (b) of Section 1005." (Code Civ. Proc. S 877.6(a)(1).) "The issue of th...

Excerpt: ... exercise of the constitutional rights to petition or engage in free speech. (Code Civ. Proc., 5425.16, subd. (a).) plaintiffs/crossdefendants prevailed on their ant-SLAPP motion as to the defendant/crosscomplainant's cross complaint. The prevailing defendant on a special motion to strike "shall be entitled" to recover his or her attorney fees and costs, and this fee award is mandatory. (Code Civ. Proc., S 425.15, subd. (c); Ketchum v. Moses (2W1...

Excerpt: ... judgment consistent with the summary judgment rulings within ten (10) days from the date of this order. 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., S437c, 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 ...

Excerpt: ...ense to the complaint." (Code Civ. Proc., S 438, subd. (c)(1)(A).) Like a demurrer, a motion for judgment on the pleadings attacks defects disclosed on the face of the pleadings or by matters that may be judicially noticed. (Alameda County Waste Management Authority v. Waste Connections US, Inc. (2021) 67 Cal.App.5th 1162, 1173- 1174.) A motion for judgment on the pleadings is similarto a demurrer in most respects. (Ibid.) Except as provided in t...

Excerpt: ...t One) admitted. The truth of the matters specified in the Requests for Admissions are to be deemed admitted unless defendant Alan Stark serves, before the hearing, a proposed response to the Requests for Admission that is in substantial compliance with Code of Civil Procedure section 2033.220. To grant monetary sanctions against defendant Alan Stark in the total amount of $510. Monetary sanctions are ordered to be paid within 30 calendar days fr...

Excerpt: ...grant the motion for protective order. (Code Civ. Proc. SS 2030.090, subd. (b)(3) and 2031.060, subd. (b)(2).) Defendant shall serve responses to Form Interrogatories, Set One, Request for Production of Documents, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set Two, within 10 days of service of the minute order. To impose monetary sanctions in favor of defendant Foster Poultry Farms, LLC and against plainti...