Excerpt: ...ettlement agreement', to avoid use of limited Court time and resources. The parties are reminded to properly bookmark their filings. As to the Settlement 1. Although the Individual Settlement Payment is based on number of work weeks worked during the Class Period, the Settlement provides that the Class Notice will give Class Members the number of bi-weekly pay periods worked and permits them to object to the number of pay periods. Settlement, ¶7...

Excerpt: ... apple”): • [7:141] At least one case holds such demurrers are improper because the court is “foreclosed from rendering a new determination on the viability of those claims” absent a timely motion for reconsideration under CCP § 1008 (see ¶ 7:155.2 ff., 9:324 ff.). [Bennett v. Suncloud (1997) 56 CA4th 91, 96-97, 65 CR2d 80, 83] • [7:142] Other courts have allowed demurrers to amended pleadings on grounds previously overruled because �...

Excerpt: ...e facts alleged. Thus, no matter how unlikely or improbable, the allegations made must be accepted as true for the purpose of ruling on the demurrer. (Del E. Webb Corporation v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) Absent court orders or other items subject to judicial notice, or items attached as exhibits to the complaint, the court may not consider the contents of pleadings or other exhibits when ruling on a demurrer. (Day ...

Excerpt: ...dentity and the specialty, if any, of the person(s) who will perform the examination. (Code Civ. Proc., § 2032.310(b).) Defendant filed an amended notice of motion complying with the statute. Code of Civil Procedure Section 2032.220(a) provides that any defendant may demand one physical examination of the plaintiff seeking damages for personal injuries. A party desiring to obtain discovery by a second physical examination or mental examination m...

Excerpt: ...ng in various locations, depending on the classification of the action and the classification of the parties. (Rycz v. Superior Court of San Francisco County (2022) 81 Cal.App.5th 824.) “Where there are multiple parties and causes of action, venue may be proper in more than one county.” (Id.) Code of Civil Procedure section 395(a), provides, in pertinent part: “Except as otherwise provided by law and subject to the power of the court to tra...

Excerpt: ...Demurrer to the First Amended Cross- complaint (“FACC”). (ROA 265) The court overruled the First, Third and Fourth Causes of Action. The court sustained with leave to amend the Fifth, Seventh and Eighth Causes of Action. On 5/10/22, the Second Amended Cross-Complaint (SACC) was filed. (ROA 225). The causes of action were for (1) Rescission; (2) Breach of Contract; (3) Constructive Fraud; (4) Promissory Fraud; (5) Fraud (Intentional Misreprese...

Excerpt: ... or her mistake, inadvertence, surprise, or excusable neglect.” (Code Civ. Proc., § 473(b).) Application for an order for relief “shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.” (Ibid.) The law strongly favors an exercise of discretion in favor of granting relief so that matters can be heard on their merits. (Shapiro v. Clark (2008) 164 Cal.App.4th 112...

Excerpt: ... Does not Constitute a Dangerous Condition As a Matter of Law. Defendants are entitled to summary adjudication on the first and second causes of action related to the purported trip and fall incident because any alleged defect is trivial, minor and insignificant. ISSUE 2: Essex Had No Duty to Warn Plaintiff of an Open and Obvious Condition on the Premises. Defendants are entitled to summary adjudication on the first and second causes of action re...

Excerpt: ...nt to contract, by way of the Settlement Agreement entered between the parties, and pursuant to code, i.e., California Labor Code sections 226(e)(1), 218.5, and 1194, which allows the prevailing employee to recover attorney fees. Plaintiffs seek $165,000 in attorney fees based upon the cap agreed upon by the parties, even though the actual fees incurred are in excess of $375,000. Defendants contend the Settlement Agreement provides that for the p...

Excerpt: ...equate value, costs of repair and replacement of the defective product or consequent loss of profits— without any claim of personal injury or damages to other property.... [Citation.] [Citation.] Simply stated, the economic loss rule provides: [W]here a purchaser's expectations in a sale are frustrated because the product he bought is not working properly, his remedy is said to be in contract alone, for he has suffered only economic losses. Thi...

Excerpt: ...6, 850.) “A prima facie showing is one that is sufficient to support the position of the party in question.” (Id. at 851.) A defendant moving for summary judgment satisfies his or her initial burden by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to the cause of action. (Civil Proc. Code, § 437c(p)(2).) A cause of action “cannot be established” if the undisputed facts ...

Excerpt: ...use of action for breach of contract, second cause of action for implied contractual indemnity, third cause of action for express contractual indemnity and fifth cause of action for equitable contribution in Friendly Center's SACC. Catholic Charities demurs generally and specially to the fourth cause of action for equitable indemnity, sixth cause of action for third party tort of another, and seventh cause of action for declaratory relief alleged...

Excerpt: ...the invoices of Cross-Defendants' counsel, which are not the proper subject of judicial notice. Although the Court declines to take judicial notice of the billing invoices, the Court will consider the invoices as evidence supporting the motion, because Cross-Defendants' counsel has submitted a declaration laying foundation for the invoices. Therefore, Cross- Complainant's objection to Exhibit C is overruled. The Cross-Complaint was an “Action o...

Excerpt: ...t admissible. The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. Code Civ. Proc. § 473(a) (1). The court may likewise, in its discretion, after notice to the adverse party...

Excerpt: ... Amended Cross-Complaint This motion originally came on for hearing on August 8, 2022. In its ruling, the Court indicated that The One Solution had failed to comply with the procedural requirements of Rule 3.1324(a). The Court permitted The One Solution an opportunity to submit further briefing. (See ROA 549.) The One Solution submitted further briefing on August 16, 2022, as requested by the Court. Based on the moving papers and the further brie...

Excerpt: ...the ground that these massive discovery requests are “excessive, irrelevant and/or outside the scope of permissible discover in terms of time and place and are otherwise duplicative and result in unwarranted annoyance, oppression, and undue burden and expense to Plaintiff.” Plaintiff's MPA at 1. For the reasons set forth below, the Motion is GRANTED in part and DENIED in part. Plaintiff argues there is “no justification for such excessive d...

Excerpt: ...n, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” The grounds for a motion to strike must “appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” Code Civ. Pro...

Excerpt: ...o declaration of plaintiff Amanda Barnard Stoddard are OVERRULED in their entirety. KA's Objections to Declaration of Tionna Dolin are SUSTAINED in their entirety. Plaintiff's Objections to Declaration of Mandyjay Lewis are OVERRULED in their entirety. Procedural defect: Plaintiff opposes the Motion on the grounds that KA's alternative Motion for Summary Adjudication is procedurally defective because the Notice of Motion fails to comply with Cali...

Excerpt: ... Automobile Insurance Company (CAIC) moves for summary judgment or, in the alternative, summary adjudication on the Complaint of Plaintiffs Matt Puccio and Lisa Puccio, individually and as trustees of the Puccio Family Trust dated September 5, 2007. Plaintiffs are the insureds under Homeowners Insurance Policy No. CAHP0000367644 (Policy) Defendant, effective 05/10/2019 to 05/10/2020. Plaintiffs experienced water loss under their kitchen sink on 0...

Excerpt: ...cause of action if that party has shown that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. [Citation.] If the defendant does so, the burden shifts back to the plaintiff to show that a triable issue of fact exists as to that cause of action or defense… A triable issue of material fact exists ‘if, and only if, the evidence would allow a reasonable trier of fact to ...

Excerpt: ... (“Aptim”) employees, David Gunn, Mark Matten, Jonathan Hunt and Sonjay Redway, to appear and produce documents at deposition is moot as the four witnesses have appeared for deposition. (Miner Declaration in Support of Opposition, ¶ 2; Reply at 1:28- 2:3.) The Court finds that sanctions are not warranted against either party. (C.C.P. § 2025.450(g)(1).) The correspondence shows that defense counsel was engaging in meet and confer efforts to ...

Excerpt: ...iled by plaintiff against the two defendants, and both defendants filed a single opposition to all six, which prompted plaintiff to file a single reply. Defendants contend that the vast majority of discovery requests at issue are moot because they served a supplemental response to the discovery, i.e., a “second amended and supplemented omnibus objections and responses of defendants Dyllon and Chase Whitaker to form interrogatories, requests for...

Excerpt: ...sam” individually) and Danielle Darwish (“Plaintiffs” together with Hassam). The court finds a preliminary injunction (“PI”) should not be issued in this instance. The Temporary Restraining Order (“TRO”) that was granted on 08/15/22 is also ordered to be terminated. The court notes Plaintiffs have put forth almost no, or at most excessively minimal, legal basis, arguments, and evidence in support of their request for a PI. Instead, ...

Excerpt: ...party is likely to sustain if the injunction is denied and the harm the opposing party is likely to suffer if the injunction is granted. (White v. Davis (2003) 30 Cal.4th 528, 554; Teamster Local 856 v. Priceless, LLC (2003) 112 Cal.App.4th 1500, 1509.) The moving party bears the burden of presenting facts establishing that it is reasonably probable that the moving party will prevail on the merits. (Fleishman v. Superior Court (2002) 102 Cal.App....

Excerpt: ...oli & Purdy, PC, without leave to amend. Plaintiff shall have 33 days to file an amended pleading. Defendants Paoli & Purdy, PC, Court Purdy, and William Paoli demur to the First Amended Complaint (FAC) of Plaintiff Alicja Matak. Although Plaintiff has since filed a Second Amended Complaint (SAC), the amendments primarily addressed the claims against non- moving Defendant Jaroslaw Geier. Further, Plaintiff's counsel indicated that Plaintiff inten...