Excerpt: ... 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 notice in the manner provided in subdivision (b) of Section 1005." (Code Civ. Proc., S 877.5, subd. (a)(l).) A determination that the settlement was made in good faith bars any other joint tortfeasor or co-obligor from further claims against the settling tortfeasor or...

Excerpt: ...ward. Explanation: 1. 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 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) ...

Excerpt: ...anguage must be set in boldface type. Explanation: The Fair Employment and Housing Act ("FEHA") exempts religious associations or corporations which are not organized for private profit. (Gov. Code, S 12926, subd. (d).) Plaintiff concedes that the religious exemption in FEHA would normally apply to defendant, but that defendant's acts of displaying ant-discriminatory posters constitutes a waiver of the religious organization exemption and that de...

Excerpt: ...5 and Exhibit A. To overrule plaintiffs remaining objections. To reserve the issue of sanctions. If oral argument is timely requested, the matter will be heard on Friday, June 2, 2023, 3:30 p.m. in Dept. 403. Explanation: Notice Counsel is required to provide notice to the opposing party when issuing a third party subpoena for business records. (See Code Civ. Proc„ S 2025.220, subd. (b); California Shellfish Inc. v. United Shellfish Company (19...

Excerpt: ...es, Set One, and Request for Production of Documents, Set One. Plaintiff Melinda Frias is ordered to serve verified responses, without objections, to plaintiff Sylvia Kissing's Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One, no later than 30 days from the date of this order, with time to run from the service of this minute order by the clerk. To impose monetary sanctions in favor ...

Excerpt: ...eighth, and ninth causes of action, with leave to amend. To sustain cross-defendant Guardian Angel's Adult Day Health Care, LLC's demurrer to the fourth and fifth causes of action, without leave to amend. To overrule on all other grounds. Cross-complainant shall serve and file her second amended cross-complaint within ten (10) days of the date of service of this order. All new allegations shall be in boldface Explanation: Cross Complaint Generall...

Excerpt: ...dant Martin R'Nha to provide verified responses to form interrogatories, special interrogatories, and requests for production of documents. To order defendant to pay sanctions of $1,005. Defendant shall serve his verified responses without objections within 20 days of the date of service of this order. Defendant shall pay sanctions to plaintiff's counsel within 30 days of the date of service of this order. To grant the motion to compel defendants...

Excerpt: ...ontract; (2) breach of implied covenant of faith and fair dealing; (3) interference with prospective economic advantage; (4) fraud; and (5) injunction. The court notes the unusual timing of the present motion, which the court finds materially affects the consideration of the moton. A party may move for summary judgment at any time after 60 days have elapsed since the general ap#arance in the action or proceeding of each party against whom the mot...

Excerpt: ...rsuant 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. Documentaton as to the amount paid to class members must be filed on or before April 17, 2024. Explanation: Final Approval of Settlement California Rules of Court, rule 3.769(g) states: "Before final approval, the court must conduct an inquiry into the fairness of the proposed settlement." S...

Excerpt: ...om service by the clerk of the minute order. Explanation: Demurrer The function of a demurrer is to test the suffciency 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 Belf with the issue of plaintiff's possible difficulty or inability in proving the allegations of his complaint. (Highlander...

Excerpt: ...f an undertaking. Explanation: A right to attach order, stating the amount to be secured by the attachment, shall issued if the court finds all of the following: 1. the claim upon which the attachment is based is one upon which an attachment may be issued; 2. the plaintff has established the probable validity of the claim upon which the attachment is based; 3. the attachment is not sought for a purpose other than the recovery on the claim upon wh...

Excerpt: ...fth causes of action. Code of Civil Procedure section 437c, subdivision (f)(l), provides that "[a] party may move for summary adjudication as to one or more causes of action within an acton if that party contends that there is no affirmative defense thereto A motion for summary adjudication shall be granted only if it completely disposes of a cause of action ..." Plaintiff must "prove[ ] each element of the cause of achon entitling the party to j...

Excerpt: ...ion). Plaintiff brings a complaint against defendant Hyundai Motor America for breach of express and implied warranties concerning this vehicle under the Song-Beverly Consumer Warranty Act (Civ. Code, SS 1790, et seq.). Defendant moves to compel plaintiffs to arbitrate these claims based on the Retail Installment Sales Contract ("RISC") they signed when they purchased the subject vehicle. No Automatic Stay Now in Place Defendant's Notice of Motio...

Excerpt: ...rder and Code of Civil Procedure section 872.720. The court intends to appoint a partition referee pursuant to Code of Civil Procedure section 873.010 in the interlocutory judgment, however the name of the referee shall be left blank so that the court can determine who should be appointed. To grant all requests for judicial notice. Explanation: Burden on Summary Judgment As the party moving for summary judgment, plaintiff bears an overall burden ...

Excerpt: ...cre walnut orchard is part of the larger parcel. To deny plaintiff's motion to exclude the expert testimony of Stephen Roach. Explanation: Moton to Exclude Expert Testimony: Plaintiff moves to exclude Mr. Roach's testimony under Code of Civil Procedure section 1260.040, which states, "If there is a dispute between plaintiff and defendant over an evidentiary or other legal issue affecting the determination of compensation, either party may move th...

Excerpt: ... summary judgment of the first amended third cross-complaint in favor of cross-defendant O'Brien Steel, Inc. To deny summary adjudication of the second and fifth causes of action of the first amended third cross-complaint in favor of crosscomplainant American Crane Rental, Inc. Explanation: Summary Judgment Cross-defendant O'Brien Steel, Inc. ("OBE") seeks summary judgment of the first amended third cross-complaint ("TCC") against cross-complaina...

Excerpt: ...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) 228 Cal.App.4th 81 (rev. denied); see also Newberg, Newberg on Class Actions (T.R. Westlaw, 2017) Section 7:3: ...

Excerpt: ...val of the proposed settlement. An agreement of the parties is not suffcient 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 of an uncontested motion for class certifi...

Excerpt: ...d reasonable attorney's fees pursuant to P.C. section 120.4(f)(3)(H)") is stricken. The motion to strike the remaining portions of the Second Amended Complaint is denied. Defendant shall file a responsive pleading within ten days of service of this order by the clerk. Explanation: Demurrer Defendant James Harold Pardieu, Jr. ("defendant") demurs to the first, third, and fourth causes of action in the operative Second Amended Complaint ("SAC") on ...

Excerpt: ... of fault. (CINIe Civ. Proc., S 473, subd. (b).) To sustain the demurrer to the first, third, and fifth causes of achon with leave to amend, and to sustain the demurrer to the second and fourth causes of action without leave to amend. Civ. S 430.10, subds. (e), Plaintiff is granted 20 days' leave to file the second amended complaint. The time to file the second amended complaint will run from service by the clerk of the minute order. All new alle...

Excerpt: ...eking revocation of the court's March 28, 2023 Law and Mohon Minute Order adopting the tentative ruling on its applications of Chad R. Hutchinson and Mark A. Dreher to appear pro hac vice. The applications were denied without prejudice for failure to timely notify the State Bar of the hearing of the applications and failure to pay the fees to the State Bar. (Cal. Rules of Court, rule 9.40, subds. (c)(l) and Under Code of Civil Procedure section 1...

Excerpt: ...App.4th 81 (rev. denied).) "Confronted with a request for settlement-only class certification, a district court need not inquire whether the case, if tried, would present intractable management problems for the proposal is that there will be no trial. But other specifications of the rule those designed to protect absentees by blocking unwarranted or overbroad class definitions — demand undiluted, even heightened, attention in the settlement con...

Excerpt: ...f Fresno Code Enforcement Division and John Giannetta's demurrer to the first amended complaint, with leave to amend. (Code Civ. Proc. S 430.10, subd. Plaintiffs 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 be in boldface. Explanation: Defendants Fresno County Tax Collector Oscar Garcia ("Garcia"), and City of Fresno, City of Fresno Code Enforcement Div...

Excerpt: ...o file its answer to the complaint, with the time to from service of the minute order by the clerk. If oral argument is timely requested, such argument will be entertained May 3, 2023, at 3:30 p.m. in Department 403. Explanation: On three separate days in July 2021, plaintiff, a customer of defendant bank's predecessor- in-interest, presented a Euro Check for deposit into his personal checking account: 1) Deposit 1 on July 13, 2021, for €7,000....

Excerpt: ...iscovery moot in light of striking defendant's answer. To deny the requests for monetary sanctions. 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 l...