Excerpt: ...d for March 17, 2022. The District's motion to continue the trial date and for a corresponding extension of the discovery cutoff dates is granted as prayed. The parties shall meet and confer in advance of the hearing to discuss agreeable trial dates. Defendant's motion for summary judgment is continued on the Court's own motion to April 28, 2023, at 10:00 a.m., in Department 6. The District's Motion for Continuance of Trial Dates In evaluating a ...

Excerpt: ...rocedure section 527.5. Section 527.6(s) provides in pertinent part: "The prevailing party in an action brought pursuant to this section may be awarded court costs and attorney's fees, if any." "[T]he decision whether to award attorney fees to a prevailing party—plaintiff or defendant—under section 527.6[(s)] is a matter committed to the discretion of the trial court." (Krug v. Maschmeier (2009) 172 Cal.App.4th 796, 802.) Defendant may seek r...

Excerpt: ...clude, among others, a special hospital district for the State of California. Plaintiff Streamline was awarded three separate contracts from 2019 to 2021, which involved constructon related to exit and security doors (the "Security Door Project'), the extended care cosmetic improvements project (the "ECC Project"), and the Incline Village Community Hospital Sterile Processing Department project (the "SPD Project"). Plaintiff Streamline was the De...

Excerpt: ...ter is before the Court on Plaintiff's request to order production of documents from Defendants pursuant to Code of Civil Procedure section 1987(c). For the reasons discussed more fully below, the motion is denied without prejudice. Plaintiff has failed to provide the required notice and to show the required “good cause.” Code of Civil Procedure section 1987 provides that where a party timely serves a notice to appear and to produce documents...

Excerpt: ...efore the Court on Plaintiff's motion to compel further responses to its requests for admissions (“RFAs”) set one, special interrogatories (“SROGS”) set one and form interrogatories set one. Plaintiff's motion is denied without prejudice for failure to comply with the mandatory separate statement requirements as described in Rules of Court, Rule 3.1345. Given the procedural deficiencies, the Court has not considered the merits of the unde...

Excerpt: ...ances are required by counsel for all parties. The matter is before the Court for a continued hearing on Plaintiff's motion for preliminary approval of class action settlement. The Court previously heard the matter on January 27, 2023, and requested supplemental briefing, declarations, and or other pleadings to address two issues, to wit: (1) the appropriateness of the proposed class administrator; and (2) Plaintiff's request to approve an amendm...

Excerpt: ... noted and overruled. The Court has inherent authority to control the proceedings before it to achieve substantial justice. (Rutherford v. Owens-Illinois, Inc. (1997) 16 Cal.4th 954, 967; see also Code of Civil Procedure §§ 128, 187; Phillips v. Phillips (1953) 41 Cal.2d 869, 874.) As to the motion, Defendant has made the requisite showings that his RFAs were timely propounded, the time for response has elapsed, and no answers, documents, reque...

Excerpt: ...should be provisionally certified; (2) that Class Counsel and the Class representative are appropriate for appointment; (3) that the proposed settlement agreement is fair and reasonable; and (4) that the proposed class notice is adequate. The motion is thus granted as prayed. Plaintiff indicates in his motion that class counsel will, in connection with their motion for final approval of the settlement, submit their corresponding request for attor...

Excerpt: ...and motion for mandatory relief also filed on November 10, 2022 (the “November 10th Motion for Reconsideration”). Plaintiff filed the latter two motions during the pendency of the first and after the Court issued its tentative ruling proposing to deny the motion. For the reasons discussed more fully below, Plaintiff's motions are denied. Defendant Vail's request for separate sanctions under Code of Civil Procedure section 473(b) and 128.7, ma...

Excerpt: ...penalties in the amount of $600.00. This matter then came before this Court on Appellant's appeal of administrative fines/penalties pursuant to Government Code section 53069.4(b)(1). Appellant filed his appeal on or about August 6, 2021. Pursuant to the statute, the Court conducted a de novo review based on the contents of the local agency's file, including a written transcript of the administrative hearing. The matter was argued by counsel on Se...

Excerpt: ...d. Defendant or his counsel are ordered to pay monetary sanctions in the amount of $1,560.00. Defendant's request for the Court to take judicial notice of court minutes in the San Diego Superior Court is denied. It is undisputed that the Court may take notice of a court record under Evidence Code section 452(d). (See Wolf v. CDS Devco (2010) 185 Cal.App.4th 903, 914.) That record to be noticed must nonetheless be relevant to the issues at bar. (S...

Excerpt: ...o more than $8,000 to the proposed settlement administrator, Phoenix Settlement Administrators (“Phoenix”). Phoenix is tasked with sending class notices and generally administering this settlement. The Court is not initially satisfied for the purposes of preliminary approval that the payment to Phoenix is reasonable and appropriate at this time. Plaintiffs have not submitted a declaration from the proposed class administrator or a copy of its...

Excerpt: ...motion is denied as moot in light of Defendant's serving of substantially compliant responses after the filing of the present motion. Plaintiff's request for monetary sanctions in connection with this motion is, however, granted as prayed. Defendant or his counsel are ordered to pay monetary sanctions in the amount of $1,560.00. Defendant's request for the Court to take judicial notice of court minutes in the San Diego Superior Court is denied. I...

Excerpt: ...their contents or their proper interpretation. 1. Background Plaintiff is a corporation formed for the purpose of providing home automation services in the Verdi and Tahoe areas. Defendant is allegedly a former director, shareholder, and employee of the company. Plaintiff contends that, while Defendant was still a director, officer, and shareholder of the company, he misled customers by telling them that Plaintiff was incompetent to provide servi...

Excerpt: ...estern Sierra Medical Clinic. Defendant contends that Plaintiff entered into agreements to resolve the disputed issues in mediation and then in arbitration and has filed a motion to compel arbitration set to be heard on February 3, 2023. Plaintiff has filed a motion to compel further responses, which is also pending on the same date. Defendant herein seeks to stay proceedings in this matter pending the Court's determination on its motion to compe...

Excerpt: ...rt's order. The Court intends to set this matter for further evidentiary hearing on the issuance of a restraining order. Defendant will be permitted to file a written response to the petition. Counsel for the parties are to meet and confer in advance of the hearing to discuss agreeable dates for an evidentiary hearing. The parties shall also be prepared to address whether the reissuance of a temporary restraining order is appropriate during the p...

Excerpt: ...are awarded attorneys' fees in the amount of $66,668.00. Costs are awarded in the amount of $7,558.83. Plaintiffs shall submit a conforming order within seven (7) days of the Court's final ruling. No appearances are required. (1) Background This case involves a dispute between former landlords and tenants. Plaintiffs brought the present action alleging that Defendants damaged the subject real property (and its contents) during their lengthy tenan...

Excerpt: ...iles. (Evidence Code § 452(d).) Plaintiff is granted leave to amend and shall file an amended complaint within ten (10) days of this Court's order. Analysis (i) Legal Standard on Demurrer A demurrer is properly brought where defects appear on the face of the complaint or from a judicially noticeable matter. (Code of Civil Procedure §§ 430.10, 430.30, 432.10.) But “[w]hen any ground for objection to a complaint or cross‐complaint does not a...

Excerpt: ... involves employment‐related claims brought by former employee, Plaintiff Dylan Storey (“Storey”), whom Defendant claims was terminated for legitimate reasons insofar as he was an at‐will employee with no contract of employment for a definite term. Plaintiff's primary contention is that he was induced to move from Colorado with his family by virtue of Defendant Tahoe Sierra Eye & Optical's (“TSEO”) false employment promises and that h...

Excerpt: ...riefing and two supplemental declarations, including relevant attachments in support of the motion. The Court is tentatively satisfied of all of the following: (1) that the class should be provisionally certified; (2) that Class Counsel and the Class representative are appropriate for appointment; (3) that the proposed settlement agreement is fair and reasonable; (4) that the proposed class notice is adequate; (5) that the proposed cy pres recipi...

Excerpt: ... to the reasonableness/amount of the requested fees and provides the following analytic framework as a guidepost for such argument. A. Analysis “Upon motion, a court may award attorneys' fees to a successful party against one or more opposing parties in any action which has resulted in the enforcement of an important right affecting the public interest[.]” (Code of Civil Procedure § 1021.5.) Our high court has defined the express criteria un...

Excerpt: ...proximately ninety (90) days will be granted. Discovery deadlines will track with the newly set trial dates as prayed. Appearances are required to set a new date for trial. The parties are to meet and confer in advance of the hearing to discuss agreeable trial dates. Motion for Continuance of Trial Dates In evaluating a motion for continuance, the Court is guided by consideration of the non‐exclusive list of factors contained in Rules of Court,...

Excerpt: ... made the requisite showings that discovery requests were timely propounded, the time for response has elapsed, and no answers, documents, requests for extensions, or other responses have been received. Defendant's motion to compel responses to the form interrogatories is thus granted as prayed. Defendant's motion to compel responses to requests for admissions is, for the reasons discussed more fully below, denied without prejudice. Defendant is ...

Excerpt: ...s as prayed in the amount of $2,860.00. (1) Background On or about August 2, 2022, Plaintiff served their special interrogatories set one, nos. 1‐74 (the “SROGS”) on Defendant. Plaintiff gave Defendant numerous extensions to answer the SROGS, which he ultimately did on or about October 14, 2022. Defendant objected to SROGS 36‐74 on the basis that the number propounded exceeded the maximum allowed under Code of Civil Procedure section 2030...

Excerpt: ...ions. In connection with its opposition to the motion to compel, Plaintiff also brings a request for judicial notice in a pending case in the California Supreme Court: Adolph v. Uber Technologies. For the reasons discussed more fully below, Defendant's motion to compel arbitration is granted in part and denied in part. Defendant's motion to compel arbitration of Plaintiff's individual PAGA claim is granted. Defendant's motion to dismiss the repre...