Excerpt: ...Los Alamitos Medical Center, Inc.; and (3) Defendants' motion for protective order. Plaintiff's two motions to compel further responses to Special Interrogatories and Request for Production of Documents, respectively, are CONTINUED to 1/21/22 at 9:30 a.m. in this department. Defendants' Motion for Protective Order actually consists of a motion for protective order relating to twenty-nine different sets of discovery relating to discovery served by...

Excerpt: ...a. Plaintiffs are appointed class representatives. Setareh Law Group and Robinson Calcagnie, Inc. are appointed class counsel. GROUNDS FOR RULING Remaining at issue is the geographic scope of the class. Walmart contends the class must be limited to Californians (more properly, persons who suffered alleged FCRA violations in California), while Plaintiffs ask the Court to certify a nationwide class. Walmart argues that because the Court has decided...

Excerpt: ...1994) 8 Cal.4th 975, 984-985; Nwosu v. Uba (2004) 122 Cal.App.4th 1229, 1246-1247.) A self-represented litigant is not entitled to any greater consideration than other litigants and attorneys. (Petrosyan v. Prince Corp. (2013) 223 Cal.App.4th 587, 594 [self-represented litigants are entitled to same treatment as represented parties].) Requests for Judicial Notice The court grants Plaintiff's request for judicial notice (“RJN”) of the opinion ...

Excerpt: ...ction is sustained without leave to amend. The demurrer as to the first cause of action is overruled. Request for Judicial Notice Defendants request judicial notice of the District Court's July 30, 2019 Order granting summary judgment in favor of Defendants in a prior federal case brought by Plaintiff arising from the same events. The court grants the request only to establish the contents of the judicial orders, findings, conclusions and judgmen...

Excerpt: ...ation provided, and the estimated lodestar. In approving these amounts and examining the billing records provided, the Court is not approving the hourly billing rates proposed by class counsel. 2. Litigation costs of $24,273.36, representing the full amount sought. 3. Administration costs in the amount of $9,500, per the administrator's declaration. 4. Enhancements of $5,000 to Aranda and $2,500 to Michel. In making these awards, the Court has co...

Excerpt: ...ent to the Settlement, an amended proposed Notice and preliminary approval order are submitted, redlined versions showing all changes, deletions, and additions must also be submitted electronically to the Court, else they will not be reviewed. 1. There is a place in the Settlement for Defendant's authorized representative to print a name, but that has not been completed. 2. The operative Complaint (FAC ¶ 20) contains a limitation to “Janitoria...

Excerpt: ... action. (People v. Superior Court (Cahuenga's the Spot) (2015) 234 Cal.App.4th 1360, 1376.) A complaint need only meet fact-pleading requirements, which requires a statement of facts constituting a cause of action in ordinary and concise language, and should allege ultimate facts that, as a whole, apprise defendant of the factual basis of the claim. (Code Civ. Proc. §425.10(a)(1); Navarrete v. Meyer (2015) 237 Cal.App.4th 1276, 1284.) In ruling...

Excerpt: ...nt. (¶27(b), ¶28, ¶38 and ¶60 of Complaint). Thus, Plaintiff alleges “unnecessary and injurious methods of operation,” which prevent the application of the immunity articulated in C.C.P. §731a. Additionally, Plaintiff's allegations of negligence assert conduct which is not expressly authorized by statute, as contemplated in Civil Code §3482. The potion of the Demurrer directed to Plaintiff's claims for Negligence, however, is SUSTAINED,...

Excerpt: ...ction 51 et seq. under either of two grounds asserted: (1) a predicate violation of the American with Disabilities Act, 42 U.S.C. § 12181, et seq. (the “ADA”); and (2) an alleged intentional discrimination against disabled persons in the provision of facilities and services. As to the first ground, Defendant contends that the Complaint fails to allege any “nexus” between the alleged barriers encountered on the Website and the alleged con...

Excerpt: ...ended pleading remain within the court's cognizance and the alteration of such statements by amendment designed to conceal fundamental vulnerabilities in a plaintiff's case will not be accepted.” (Lockton v. O'Rourke (2010) 184 Cal.App.4th 1051, 1061). Likewise, if a party files an amended pleading and attempts to avoid the defects of the original Complaint by either omitting facts that rendered the prior Complaint defective or by adding facts ...

Excerpt: ... as to El Gaucho #2 and El Gaucho #11 because Plaintiff failed to allege any facts identifying the location where she worked and/or whether El Gaucho #2 or El Gaucho #11 actually employed her such that they should be included in this lawsuit and held liable for her claims. The FAC alleges that El Gaucho #2 and El Gaucho #11 were operated by, managed by, wholly owned by, alter-egos of, and for all purposes existed as one-in the same with defendant...

Excerpt: ...pposition: 1:3- 6). Indeed, a review of the Complaints attached to Defendant's Request for Judicial Notice confirms the prior Complaints overlap with the Complaint herein. (See Exhibits A through D to Defendant's RJN). The claims asserted within these Complaints are asserted against Defendant Windsor Capital Group, Inc. and encompass identical classes. (See ¶1 of Exhibit A, ¶13 of Exhibit B, ¶2 of Exhibit C and ¶16 of Exhibit D to Defendant's...

Excerpt: ...d access. (Id. at ¶ 5.) The easement has been subject to litigation between Defendant Yee and the prior property owners, resulting in Stipulated Judgments in 2003 and 2013. (Id. at ¶¶ 5-9.) After learning of the prior stipulated judgments, Plaintiff approached Defendant in an attempt to avoid any litigation related to the easement. (Complaint ¶ 10.) Defendant responded by stating, through counsel, a number of objections to the proposed housin...

Excerpt: ...RRULED. Defendants' objections (ROA 1251 and 1254) to Plaintiff's Request for Judicial Notice are OVERRULED. Plaintiff's request for judicial notice (ROA 1192) is GRANTED. The Court SUSTAINS Plaintiff's Objection No. 1 (ROA 1264) to the entirety of the Philips Declarations and exhibits thereto (ROA 1251 and 1256) for noncompliance with CCP § 2015.5 for failing to state they were signed under penalty of perjury under the laws of the State of Cali...

Excerpt: ...dants may have had in the property was extinguished by payment in full of the underlying debt. This motion was originally calendared for August 12, 2021, but the court questioned whether a quiet title action could be determined on a summary judgment motion given that a quiet title action could not be determined on default by way of a 585 packet; a hearing was required. (ROA 707.) The parties were given the opportunity to file additional points an...

Excerpt: ...he dangerous condition; and (4) the entity either created the condition, or had actual notice or constructive notice of its existence, and there was sufficient time before the injury for it to have taken remedial action.” (People ex rel. Dep't of Transportation v. Superior Ct. (1992) 5 Cal.App.4th 1480, 1484–1485 [citing Gov. Code § 835; Dominguez v. Solano Irrigation Dist. (1991) 228 Cal.App.3d 1098, 1102].) The City first argues that the s...

Excerpt: ...t to a subpoena served on February 19, 2021. Bowermaster moves pursuant to Code of Civil Procedure section 1987.1 and 2025.480. Code of Civil Procedure section 1987.1 states, in part, “(a) If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonab...

Excerpt: ...20; February 22, 2021; and March 16, 2021, without substantial justification despite Lone Oak's efforts to meet and confer in good faith; that Z-Wang cancelled the agreed-upon depositions for February 22, 2021 and March 16, 2021, at the last minute, and that Z-Wang's high blood pressure is an insufficient excuse to avoid deposition as he is in possession of information important to the issues in the lawsuit. Lone Oak also contends that monetary s...

Excerpt: ... tracking the prevalence of the TIPM (Totally Integrated Power Module), Engine, and Transmission Defects plaguing Plaintiffs' vehicle, establishing that FCA previously knew of said defects but nevertheless refused to repurchase the vehicle. Plaintiffs claim the responses consist of pure, boilerplate objections and utterly non- responsive statements and that FCA has failed to provide any e-mails and other electronically stored information or searc...

Excerpt: ...nses to those requests within 15 days of this order. The motion is DENIED as to RFAs 10-14, 34 and 36. Both parties' requests for sanctions are DENIED. As a preliminary matter, the Court notes that Plaintiff's separate statement fails to comply with CRC, Rule 3.1345(c). The RFAs responses in question each incorporate Defendant's response to RFA 1. Plaintiff did not include that response in the separate statement. Rule 3.1345(c) requires that the ...

Excerpt: ...isdiction founded on the defendant's minimum contacts with the forum. (Ziller Electronics Lab GmbH v. Superior Court (1988) 206 Cal.App.3d 1222, 1229; Bank of America v. Jennett (1999) 77 Cal.App.4th 104, 115.) On a motion challenging the assertion of personal jurisdiction, the plaintiff has the burden of proof. (Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413; Burdick v. Superior Court (2015) 233 Cal.App.4th 8, 17.) The plaintiff must meet...

Excerpt: ...ormerly known as California Creationz, Inc. Notwithstanding Plaintiff's failure to comply with the meet and confer requirements under Code of Civil Procedures sections 435.5 (motion to strike) and 439 (motion for judgment on the pleadings), the merits are discussed below. Plaintiff argues that California Creationz, Inc. was suspended, its name was taken by a third party, and now a California corporation under certificate number C4710227. Plaintif...

Excerpt: ...tion 473(d) (“Section 473(d)”) provides that a judge may, on motion of either party and after notice to the other party, set aside any void judgment or order. The court retains the inherent power to vacate orders on equitable grounds where a party establishes that the judgment or order was void for lack of due process or resulted from extrinsic fraud or mistake. (County of San Diego v. Gorham (2010) 186 Cal.App.4th 1215, 1228 [citing Ansley v...

Excerpt: ...s Defendant Casa de Laguna Owners Association, Inc. (ROA 110, Notice of Mtn. at 1:26; see also Memorandum of Points and Authorities at 3:3-4.) As an initial matter, the court finds Casa de Laguna does not have standing to bring the Motion. “ ‘Standing' is a party's right to make a legal claim and is a threshold issue to be resolved before reaching the merits of an action.” (Said v. Jegan (2007) 146 Cal.App.4th 1375, 1382. In Librers v. Blac...

Excerpt: ...fendant moving for summary judgment bears the initial burden to show the plaintiff's action has no merit. It may do this by demonstrating the action has no merit, that plaintiff cannot prove an element of his or her claim, or that it has a complete defense entitling it to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851.) If a plaintiff has pleaded several theor...