Excerpt: ...which determination is sought." Plaintiff has previously been given leave to amend and has failed to state facts that the County has any interest in the real property at issue. Secondly, as to all causes of action, Plaintiff has failed to allege that he has filed a Govt Tort Claim before filing suit as required by Gov. Code SS 905, 945.4. Claims presentation are jurisdictional and mandatory. (Fidelity & Deposit Co. v. Claude Fisher, Co. (1958) 16...

Excerpt: ... Ins. co. v. US Airways, Inc. (2011) 52 Cal.4th 590, 129 Cal.Rptr.3d 601, 258 P.3d 737 (SeaBrjght).) This means that a hirer is typically not liable for injuries sustained by an independent contractor or its workers while on the job. Commonly referred to as the Privette doctrine, the presumption originally stemmed from the followng rationales: First, hirers usually have no right to control an independent contractor's work. (Privette, at p. 693, 2...

Excerpt: ...ration of further litigation, and the settlement amount—these factors can be useful in evaluating the fairness of a PAGA settlement." Moniz v. Adecco USA (2021) 72 cal.App.5th 56, 77. Here, the court finds that the settlement is fair and reasonable. The terms of the settlement provide a proportional distribution to each aggrieved employee based on the number of at-issue pay periods worked plus an additional $5.00 each. This distribution is fair...

Excerpt: ... Ins. co. v. US Airways, Inc. (2011) 52 Cal.4th 590, 129 Cal.Rptr.3d 601, 258 P.3d 737 (SeaBrjght).) This means that a hirer is typically not liable for injuries sustained by an independent contractor or its workers while on the job. Commonly referred to as the Privette doctrine, the presumption originally stemmed from the followng rationales: First, hirers usually have no right to control an independent contractor's work. (Privette, at p. 693, 2...

Excerpt: ...gment Standard A defendant may move for summary judgment where "it is contended that the action has no merit " Code of Civil Procedure S 437c, subd. (a). "A defendant has met his or her burden of showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to that cause of action." at subd. (p)(2). "O...

Excerpt: ...verning general demurrers apply. "[T]he court passing upon the question of the demurrer may look to affidavits filed on behalf of plaintiff, and the plaintiff's answers to interrogatories, as well as to the plaintiff's responses to requests for admissions. E. webb corp. v. structural Materials co. (1981) 123 cal.App.3d 593, 604. In the present case, the admissions order demonstrates, among other things, the following: (1) Defendant complied with ...

Excerpt: ... trial court has broad discretion to determine whether the settlement is fair. It should consider relevant factors, such as the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discovery completed and the stage of the the experience and views of counsel, the presence of a governmental par...

Excerpt: ...ivil Procedure section 473(b) on grounds of "mistake, inadvertence, surprise, or excusable neglect." " 'In order to qualify for [discretionary] relief under section 473, the moving party must act diligently in seeking relief and must submit affdavits or testimony demonstrating a reasonable cause for the default.' " Huh v. Wang (2(m) 158 Cal.App.4th 1406, 1419. "In other words, the court's 'discretion may be exercised only after the party seeking ...

Excerpt: ...ir costs on appeal. Appellate costs include attorney's fees when they are permitted by statute or law. California Rules of court, rule code Civ. Proc. SS 1034. Plaintiffs argue they are entitled to appellate attorney fees based on Code of Civil Procedure section 1036, which provides, in relevant part: In any inverse condemnation proceeding, the court rendering judgment for the plaintiff by awarding compensation, , shall determine and award or all...

Excerpt: ...the ICF cause of action for wrongful foreclosure. The H08R only provides regulatory protections for foreclosures related to a party's principal residence. See Civil Code S 2924.15. Here, Plaintiff admits that both lots were "vacant" at the time of the Notces of Default. Exhibit C to the First Amended Complaint, at 55. Moreover, Plaintiff has admitted that he resides in Ohio. See RJN Exhibits 3, 6, 8, 13-14, and 23- 25. Plaintiff has also failed t...

Excerpt: ...murrer was sustained, but that is all." Community Water Coalition v. Santa Cruz County Local Agency Formation Com (2011) 200 Cal.App.4th 1317, 1329, citing People ex rel. Dept. Pub. Wks. v. Clausen (1967) 248 Cal.App.2d 770, 785—786. " 'The plaintiff may not amend the complaint to add a new cause of action without having obtained #rmission to do so, unless the new cause of action is within the scope of the order granting leave to amend.' " Ibid...

Excerpt: ... Cross-Complainant has failed to allege a speciÞc misrepresenta
Ÿon or omission that was made and the damages that stemmed therefrom. Allega
Ÿons that cross-defendant Malone sought to be a 1099 worker rather than a salaried employee do not demonstrate how Cross-Complainant was defrauded. As to the third cause of ac
Ÿon for professional negligence, the Cross-Complaint fails to allege the speciÞc professional services retained by Cross-Complai...

Excerpt: ...7 case, filed a request for judicial notice regarding Mr. Deal and orally requested the Court to strike all pleadings/ filings by Deal in both cases because Deal is allegedly a vexatious litigant who failed to obtain this Court's order of approval pursuant to Code of Civil Procedure section 391.7, subdivision (b), before making those filings. The Court issued an order to show cause why that relief should not be granted and directed the parties to...

Excerpt: ...roneously sued as RCI Property Management) ("RCI"), the Court does not believe that all the proposed amendments are futile. " 'Generally, motions for leave to amend are liberally granted. ' " Foroudi u Aerospace Corporation (2020) 57 Cal.App.5th 992, "However, 'leave to amend should not be granted where, in all probability, amendment would be futile. ' " ld. at IWI. " ' "Leave to amend should be denied only where the facts are not in dispute, and...

Excerpt: ...ivision (a), the trial court in its discretion may allow a third party to intervene in litigation pending between other parties if " '(1) the proper procedures have been followed; (2) the nonparty has a direct and immediate interest in the action; (3) the intervention will not enlarge the issues in the litigation; and (4) the reasons for the interventon outweigh any opposition by the parties presently in the action. [Citation.]' [Citation.] The p...

Excerpt: ... v. County of Monterey (2008) 167 cal.App.4th 1379: In determining the amount of reasonable attorney fees to be awarded under a statutory attorney fees provision, the trial court begins by calculating the "lodestar" amount. The "lodestar" is "the number of hours reasonably expended multiplied by the reasonable hourly rate." To determine the reasonable hourly rate, the court looks to the "hourly rate prevailing in the community for similar work." ...

Excerpt: ...hat he could take advantage of me"- foundation, speculation. All other objections are overruled. The Court sustains the following objections (in whole or part) by Plaintiff to the Fitzhugh Declaration: (1) Objection 1 — foundation, conclusion, expert opinion; (2) Objection 4 — foundation, speculation; (3) Objection 7 in part, to wit: "Ms. Rith must have been able to...work." — speculation; (3) Objection 16 hearsay ; (4) Objection 17 in part...

Excerpt: ...ds outlasts its jurisdiction to grant relief pursuant statute, its inherent power is narrower than its ability to grant relief under 473(b), and it is exercised only in exceptional circumstances. (See, e.g., Rappleyea v. Campbell (1994) 8 Cal.4th 975, 98; Mechling v. Asbestos Defendants (2018) 29 Cal.App.5th 1241, 1246. In considering a request for relief from default on equitable grounds, courts apply a three-part test: "first, the defaulted par...

Excerpt: ...ng the appropriate penalty, and we must uphold the court's determination absent an abuse of discretion. [Citation.] We defer to the court's credibility decisions and draw all reasonable inferences in support of the court's ruling. "Despite this broad discretion, the courts have long recognized that the terminating sanction is a drastic penalty and should be used sparingly. [Citation.) A trial court must be cautious when imposing a terminating san...

Excerpt: ...eady parties or (2) he claims an interest relating to the subject of the action and is so situated that the disposition of the action in his absence may (i) as a practical matter impair or impede his ability to protect that interest or (ii) leave any of the persons already parties subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations by reason of his claimed interest. If he has not been so joined, the ...

Excerpt: ...ive condition existed aside from the lack of a "Certificate of Occupancy," and have also failed to set forth any specific damages. Defendant RCl's unopposed Motion to Strike is granted without leave to amend. Plaintiffs have failed to show that any acts committed by RCI were willful, reckless, or done in conscious disregard for the safety and rights of others. The burden is on the complainant to show the court that a pleading can be amended succe...

Excerpt: ...rty's project and to allow project activities unaffected by the air quality issue with the EIR found by the Court of Appeal to move forward while the City revises the EIR at issue. Petitioner Community Environmental Advocates oppose the same. Save Our Capitol! v. Department of General Services (2023) 87 Cal.App.5th 655, delineates the applicable standard for the request made: CEQA "allows a trial court to leave project approvals in place. CEQA do...

Excerpt: ...o. (1996) 48 Cal.App.4th 1794, 1802.) Counsel should include additional information regarding the specific documents reviewed and the extent of discovery conducted prior to agreeing to settle the case. (2) Plaintiff has not submitted a declaration from the proposed class representative evidencing that she has agreed to act as the same and understands her responsibilities. (See Soderstedt u CB/Z Southern California, LLC (2011) 197 cal.App.4th 133,...

Excerpt: ...kin presiding. A judgment was thereafter entered in favor of Plaintiffs in the amount of $88,304.53 against Defendant Forest River, Inc. ("Forest River"). An additional $12,962.00 was awarded to Plaintiffs against both Forest River and Timothy DeMartini d.b.a. DeMartini RV Sales ("DeMartini"). Plaintiffs were determined to be the prevailing party and the amount of attorneys' fees, costs, and expenses to be awarded were deferred until such time as...

Excerpt: ...iction of emotional distress occurring in connection with Plaintiff's prior employment with BMI. Plaintiff moves to strike BMI's verified answer averring that its corporate status has been suspended/forfeited since on or about January 4, 2021, as a result of its failure to comply with Franchise Tax Board ("FTB") requirements (failure to file tax returns as required). Plaintiff contends that, as a forfeited corporation, BMI is disallowed from defe...