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...

Excerpt: ...end is denied. McClain's unopposed request for judicial notice is granted in part and denied in part. A. Background The case centers on a dispute involving a 50‐foot‐wide, 435‐foot‐long gravel section of Murchie Mine Rd. to the east and west of the Stonebridge and Deer Creek Park neighborhoods (the “Easement”). There are two affected properties: one owned by the McClain Defendants (the “McClain Property”) and the other owned by th...

Excerpt: ...r and sanctions is continued on the Court's own motion to January 20, 2023, at 10:00 a.m., in Department 6. The Court is in receipt of Plaintiffs' counsel's declaration in support of its opposition to GVD's motion as well as its previous declarations of necessity (attached to GVD's moving papers). The Court is, however, still in need of additional information from Plaintiffs to assess whether the special interrogatories and requests for admission...

Excerpt: ...e, mistake, neglect, or other cause, may apply to the court … to file a cross‐complaint, to assert such cause at any time during the course of the action. The court … shall grant, upon such terms as may be just to the parties, leave … to file the cross‐complaint, to assert such cause if the party who failed to plead the cause acted in good faith. This subdivision shall be liberally construed to avoid forfeiture of causes of actions. The...

Excerpt: ...endants' motion to strike or tax costs is granted in part and denied in part. As to Plaintiff's motion for attorneys' fees, it is granted as follows: Plaintiff is awarded attorney's fees in the amount of $949,592.62, consisting of a lodestar of $633,061.75 and a multiplier of 1.5. Plaintiff is also granted the additionally requested attorneys' fees incurred in connection with the present motion in the unadjusted amount of $8,704.50. As to Defenda...

Excerpt: ...lainant is granted leave to amend and must file her amended cross‐complaint within ten (10) days of this Court's order. Background Plaintiff in this matter is AFT Investors, LLC (“AFT”) and by verified complaint sues Defendants – Charles Smith, Tamara Smith, and Christine Felley (“Felley”) – for nonpayment of a written promissory note and for foreclosure on the deed of trust. AFT's complaint concerns three separate pieces of propert...

Excerpt: ...ts own files and records in that case. For the reasons discussed more fully below, the Court finds good cause to continue the impending trial under Rule 3.1332(c)‐(d). Defendant's motion is granted and a brief continuance will be granted. Discovery cut‐off and other deadlines will track with the newly set trial dates. Appearances are required to set a new date for trial. The parties are to meet and confer in advance of the hearing to discuss ...

Excerpt: .... (1) Class Administrator The Parties have agreed to an estimated payment of no more than $7,000 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 ...

Excerpt: ...vides in pertinent part: “The court may, upon any terms as may be just, relieve a party … from a judgment, dismissal, order, or other proceeding taken against him or her through … mistake, inadvertence, surprise, or excusable neglect.” For purposes of Section 473(b), the term “proceeding” is construed broadly and refers to effectively “[a]ll the steps or measures adopted in the prosecution or defense of an action.” (Zellerino v. B...

Excerpt: ... class notice is adequate; (5) that the proposed cy pres recipients are appropriate under Code of Civil Procedure section 384; (6) that the class administrator is appropriate and the proposed costs for such administration as reasonable; and (7) that the requested attorneys' fees and costs and class incentive payment are reasonable. The motion is thus granted as prayed. Counsel is directed to provide the Court with proposed dates for a hearing on ...

Excerpt: ...by the court].” Procedural requirements include: (1) a copy of the proposed amended pleading; (2) a separate declaration detailing the effect of the amendment, why it is necessary and proper, when the facts giving rise to the amended allegations were discovered, and why it was not made earlier. (Ca. Rules of Court, Rule 3.1324(a)‐(b).) General guidelines governing this type of relief provide that it should be requested promptly on discovery o...

Excerpt: ... of Civil Procedure section 1008. Defendant Vail's request for separate sanctions under Code of Civil Procedure section 473(b) and 128.7 are both denied. Sanctions are only available under Section 473(b) if Plaintiff prevails. As to the Section 128.7 request, such a request has not here “be[en] made separately from other motions or requests ….” Vail must, if it seeks sanctions under Section 128.7, bring a separate noticed motion for that pu...

Excerpt: ...y order. As discussed more fully below, Defendants' motion is granted in part and denied in part. Defendants' request for terminating sanctions in the form of a dismissal with prejudice is denied. Defendants' alternate request for an order “precluding Plaintiff from using any documents in this case including in opposition to any Motion for Summary Judgment or at trial” is also denied. Defendants' alternate request for evidentiary sanctions as...

Excerpt: ...Discussion: Plaintiff first attempted unsuccessfully to file its motion for summary judgment (“MSJ”) and supporting papers on August 18, 2022. Its supporting documents were successfully filed on the same date and include: (1) the separate statement in support of the MSJ; (2) a declaration from Plaintiff's counsel Ashley Mulhorn; (3) declaration of Plaintiff's qualified witness; (4) notice of lodging of proposed order; (5) a proposed order; an...

Excerpt: ...ion, opposition filings, as well as Plaintiff's reply. Plaintiff's motion is hereby denied on procedural grounds for failure to comply with Ca. Rules of Court, Rule 3.1113, to wit: for counsel's failure to provide a compliant memorandum in support of her motions. Plaintiff's motions are also facially untimely as plead, having been filed in excess of the time authorized under Code of Civil Procedure sections 430.40(b), 435(a)(2), and Rule 3.1322, ...

Excerpt: ...representative are appropriate for appointment; (3) that the proposed settlement agreement is fair and reasonable; (4) that the proposed class notice is adequate; and (5) that the requested attorneys' fees and costs and class incentive payment are reasonable. The Court is concerned, however, that Plaintiffs have not provided sufficient information to allow for the Court to assess the propriety of the proposed class administrator and the proposed ...

Excerpt: ...ially proper, and are set forth in a verified memorandum, the burden is on the objecting party to show that such costs are not properly chargeable or are unreasonable. (Nelson, supra, 72 Cal.App.4th at 130‐132.) If, however, the costs do not appear proper, if their necessity seems facially doubtful, and if the items are properly challenged, then the burden is on the party claiming the costs to establish their necessity. (Id .) “The court's fi...