Excerpt: ... of the previous litigation, and thus were virtually represented in the lawsuit”]; accord, Triplett v. Farmers Ins. Exchange (1994) 24 Cal.App.4th 1415, 1422; Misik v. D'Arco (2011) 197 Cal.App.4th 1065, 1074, 130 Cal.Rptr.3d 123 [court may amend judgment to add alter egos of the judgment debtor at any time]; Robbins v. Blecher (1996) 52 Cal.App.4th 886, 892 [alter ego requirements]; Associated Vendors, Inc. v. Oakland Meat Co. (1962) 210 Cal.A...

Excerpt: ...ntiff David Vasquez's delay in filing a claim that the Court should enter summary judgment in Defendants' favor. (See ROA 201, at Ruling p. 16.) The Court ordered this briefing because Defendants first raised the delay/prejudice issue in their reply, and due process required that Plaintiffs be permitted a chance to respond. No supplemental briefing was filed. For the reasons set forth below, and for the reasons set forth in the Court's original p...

Excerpt: ...n that there is no triable issue of material fact and that he is entitled to judgment as a matter of law.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A “party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact. . . .” (Ibid.) “A prima facie showing is one that is sufficient to support the position of the party in que...

Excerpt: ...lameda County Superior Court) granting a stay pending an appeal of a remand order. (Reply at p. 4.) The Court has neither read nor considered the superior court rulings cited by the parties. “Even assuming for the sake of argument that [these cases] involve[] the same issue as the case before [the Court] . . . a written trial court ruling has no precedential value.” (Santa Ana Hospital Medical Center v. Belshe (1997) 56 Cal.App.4th 819, 831.)...

Excerpt: ...has been made, the court determines whether the opposing party has demonstrated a probability of prevailing on the claim. Navellier v. Sletten (2002) 29 Cal.4th 82, 88. Step One: Protected Speech? Yes. “At the first step, the moving defendant bears the burden of identifying all allegations of protected activity, and the claims for relief supported by them. When relief is sought based on allegations of both protected and unprotected activity, th...

Excerpt: ...are of liability for the plaintiff's injuries. (Tech-Bilt, Inc. v. Woodward-Clyde & Assoc. (1985) 38 Cal.3d 488, 499.) The factors to determine good faith, include: (1) a rough approximation of plaintiffs' total recovery and the settlor's proportionate liability; (2) the amount paid in settlement; (3) the allocation of settlement proceeds among plaintiffs; (4) the recognition that a settlor should pay less in settlement than he would if he were f...

Excerpt: ...n addition, Plaintiff must provide proof of service of any revised settlement agreement and supplemental papers on the LWDA. As to the Settlement: 1. Plaintiff's pre-filing letter to the LWDA is supposed to be an exhibit to the complaint, but it is not attached. Please provide a copy. 2. Are there any other matters, whether individual, class, or PAGA, pending or in the pre-filing LWDA stage, that would be affected by approval of this settlement? ...

Excerpt: ...nerally understands the PAGA analysis provided and would not question a set-aside of $10,000 for the PAGA cause of action, if counsel made it clear that every class member is also an aggrieved employee, and vice versa, such that everyone taking part in the settlement shares equally. That means the PAGA portion to aggrieved employees pours into the net settlement amount, which is then distributed to all class members and not just certain ones. Bec...

Excerpt: ...een Plaintiff Wayne Calco and Ossur. Ossur demurred to Calco's original complaint. In support of its demurrer, Ossur sought judicial notice of the services agreement, which it conditionally lodged under seal. Rather than oppose the demurrer, Calco filed a first amended complaint. Ossur's demurrer therefore went off calendar. Ossur's motion to seal remains on calendar. Ossur contends the services agreement is a trade secret that contains proprieta...

Excerpt: ...ons commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection between the breach and the resulting injury; and (4) actual loss or damage resulting from the attorney's negligence.” (Kumaraperu v. Feldsted (2015) 237 Cal.App.4 th 60, 66). “A plaintiff seeking to recover such damages must allege a causal connection between the defendant's breach of duty and the injury.” (Id. at 66). “Where the pleaded facts ...

Excerpt: ... three Requests for Judicial Notice are granted. However, while courts may take judicial notice of public records and their dates, parties and legally operative language, they do not accept the truth of matters stated in those documents. Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal. App. 4th 256, 264-65; Herrera v. Deutsche Bank National Trust Co. (2011) 196 Cal. App. 4th 1366, 1375. The standing issues in this case exist, at least in part, ...

Excerpt: ...s for misuse of discovery lies within the trial court's discretion. (Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 991.) The moving party need only show the failure to obey the court's earlier discovery orders. Thereafter, the burden of proof shifts to the party seeking to avoid sanctions to establish a satisfactory excuse for his or her conduct. (Corns v. Miller (1986) 181 Cal.App.3d 195, 201; Puritan Ins. Co. v. Superior Court (Tri...

Excerpt: ...or he has suffered only economic losses.” (Robinson Helicopter, Co., Inc. v. Dana Corp. (2004) 34 Cal. 4th 979, 988 [internal quotations and citations omitted].) Economic loss consists of “damages for inadequate 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 ....” (Id. [internal quotations and citations omitted].) “The econ...

Excerpt: ... levying officer “property in defendant's possession.” (Application 1.d.(1).) Such property consists of “tangible personal property in the debtor's control or possession, which includes chattel paper, instruments, negotiable documents and certain types of securities.” (Pacific Decision Sciences Corp. v. Superior Court (2004) 121 Cal.App.4th 1100, 1108-1109.) Upon filing of the complaint, or at any time thereafter, a plaintiff may apply fo...

Excerpt: ...ntiffs claim that FFIC improperly denied coverage related to business loss resulting from the COVID-19 pandemic and governmental orders shuttering businesses. Plaintiffs claim the insurance broker, Bizlinks, was negligent in failing to obtain proper insurance. The FAC states that the “novel coronavirus is mainly spread through airborne droplets containing the SARS-CoV-2 virus that … physically alter and damage the air, including the air withi...

Excerpt: ...from those expressly alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” Perez v. Golden Empire Transportation Transit District (2...

Excerpt: ...t meet his burden of proof. At best, he “believes” this defendant has had other monetary or financial transactions within this state and has visited here several times since 2007. b. Personal Jurisdiction The plaintiff asserts the court has personal jurisdiction over this defendant because Singh loaned money to defendant Global, a California corporation. Singh has received money in repayment from checks written in California and any enforceme...

Excerpt: ... Action for Products Liability-Negligent Failure to Warn; Sixth Cause of Action for Breach of Implied Warranty of Merchantability for a Particular Purpose; Seventh Cause of Action for Breach of Warranty; and Ninth Cause of Action for Breach of Contract. Plaintiffs' Late Opposing Papers All opposition papers to a motion for summary adjudication must be served on the moving party and filed with the court at least 14 days before the date set for hea...

Excerpt: ...(ROA 66) because they are not in the form required by CRC, Rule 3.1354. Rather than object to specific evidence, Defendant offers objections to each of Plaintiff's responses to the Undisputed Material Facts. (See Hodjat v. State Farm Mut. Auto. Ins. Co. (2012) 211 Cal.App.4th 1, 8, finding the trial court did not abuse its discretion when it refused to rule on objections which did not comply with CRC 3.1354). Defendant's “Undisputed” Material...

Excerpt: ... moving papers supporting a motion to compel an answer to a deposition question or to compel production of a document or tangible thing from a nonparty deponent must be personally served on the nonparty deponent unless the nonparty deponent agrees to accept service by mail or electronic service at an address or electronic service address specified on the deposition record. A proof of service must be filed with the court clerk at least 5 court day...

Excerpt: ...rds and time sheets. Request no. 4 seeks documents relating to business related travel expenses and/or mileage reimbursements to Andrade. Code of Civil Procedure section 2031.210(a) states: “(a) The party to whom a demand for inspection, copying, testing, or sampling has been directed shall respond separately to each item or category of item by any of the following: (1) A statement that the party will comply with the particular demand for inspe...

Excerpt: ...lows: “The proper venue for any proceeding at law or in equity shall be Maricopa County, Arizona. The parties hereto hereby waive any right to object to venue in Maricopa County, Arizona.” Plaintiff argues that Paragraph 18 is unenforceable under Labor Code § 925, which states, in relevant part, as follows: “(a) An employer shall not require an employee who primarily resides and works in California, as a condition of employment, to agree t...

Excerpt: ...ompel Defendants to sign all documents to complete settlement (the “Motion”), and the applicable law. For the following reasons, the Motion is DENIED. More specifically, the court DENIES the portion of the Motion to compel Defendants to sign all documents to complete settlement and the court DENIES the portion of the Motion to reset trial. Summary of Relevant Procedural History On May 17, 2016, Plaintiffs filed the complaint in this case. (RO...

Excerpt: ...e motion is DENIED. Requests for determination of good faith settlement are governed by Code of Civil Procedure section 877.6, which provides, in pertinent part: (a) . . . (2) [A] settling party may give notice of settlement to all parties and to the court, together with an application for determination of good faith settlement and a proposed order. The application shall indicate the settling parties, and the basis, terms, and amount of the settl...

Excerpt: ...Discovery, Generally In Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 402 (internal quotation marks omitted), the appellate court described the civil discovery process: The Civil Discovery Act provides litigants with the right to broad discovery. In general, any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action ...