Excerpt: .... (Herman Feil, Inc. v. Design Ctr. of Los Angeles (1988) 204 Cal.App.3d 1406, 1414; see Air Line Pilots Ass'n v. Miller (1988) 523 U.S. 866, 876.) Both state and federal law provide for enforcement of arbitration agreements. (Code Civ. Proc., §§ 1280 et seq.; 9 U.S.C. §§ 1 et seq.) Here, it is undisputed that the Federal Arbitration Act (“FAA”) applies. A petition to compel arbitration must show: (1) the existence of a dispute between th...

Excerpt: ...nitial 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 theories, the defendant has the burden of demonstrat...

Excerpt: ...vide a legitimate, nonretaliatory explanation for its acts, and (3) the plaintiff show this explanation is merely a pretext for the retaliation. [Patten v. Grant Joint Union High School Dist. (2005) 134 Cal.App.4th 1378, 1384] To establish a prima facie case of retaliation a plaintiff must show (1) she engaged in a protected activity, (2) her employer subjected her to an adverse employment action, and (3) there is a causal link between the two. I...

Excerpt: ...nts”) were filed and served late in violation of Code Civ. Proc. § 437c(b)(2). However, the Court will consider the opposing papers. Plaintiff's Request for Judicial Notice The Court DENIES Plaintiff's request to judicially notice the screenshots and/or documents from the California Secretary of State website and from the California Medical Board, attached as Exhibits 2 and 5 to Plaintiff's Compendium of Evidence (“COE”), as they are not r...

Excerpt: ...that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorneys' fees in addition to other costs. (See also Code Civ. Proc., § 1033.5(a)(10)(A).) Reasonable attorneys' fees shall be fixed by the court and shall be an element of the costs of...

Excerpt: ... did not file a reply. Subject to any objection by Defendants to the untimely opposition, the Court will exercise its discretion and consider Plaintiff's untimely opposition and objection. Defendant shall advise the Court at the hearing whether it waives the untimely opposition, or whether it seeks to have the hearing continued so that it may have the opportunity to file a reply. Plaintiff's objection to the demurrer on the ground the demurrer is...

Excerpt: ...nal Health 301, Inc. v. Tyco Electronics Corp. (2008) 169 Cal.App.4th 116, 133-134 (Cardinal Health) [tolling during repairs generally rests on same legal basis as estoppel]; Superior Dispatch, Inc. v. Insurance Corp. of New York (2010) 181 Cal.App.4th 175, 186 (Superior Dispatch) [“A defendant may be equitably estopped from asserting a statutory or contractual limitations period as a defense if the defendant's act or omission caused the plaint...

Excerpt: ...and (3) a motion to compel Defendant to serve further responses to Plaintiffs' Special Interrogatories, Set One, 1-13, 15-27, and 30-42. The Court rules on each motion separately, below. Motion to Compel Compliance Asan initial matter, the Court notes the potential inconsistency between Plaintiff's request to compel Defendant to comply with its original responses to the RFPs at the same time she demands different responses in place of the origina...

Excerpt: ...tinue to employ a worker known to be ineligible (8 U.S.C. §1324a(a)(2)), any state law award that compensates an unauthorized alien worker for loss of employment during the post-discovery period directly conflicts with the federal immigration law prohibition against continuing to employ workers whom the employer knows are unauthorized aliens.” (Id. at 424). “Such an award would impose liability on the employer for not performing an act (cont...

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: ...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: ...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: ...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: ...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: ...vice of the verified response, or any supplemental verified response, or on or before any specific later date to which the propounding party and the responding party have agreed in writing,” or “the propounding party waives any right to compel a further response to the interrogatories.” (C.C.P. §2030.300(c)). The statutes outlining the time requirements for filing a Motion to Compel Further Responses are “mandatory and the court may not ...

Excerpt: ...2009) 180 Cal.App.4 th 932, 938), Plaintiff has an express written contract for the development and delivery of the prototype machine. Defendant failed to meet its initial evidentiary burden for noticed issue No. 2 by establishing that Plaintiff waived its right to performance. Defendant met its initial burden to show the action has no merit as to Noticed Issues No. 1, 3-4, and 6-8. (See Code Civ. Proc., § 437c, subds. (a), (p)(2) [burden]; Agui...

Excerpt: ...nd which does not exceed the reasonable costs to the local government of providing the service or product”. Thus, the portion of the City of Anaheim's Electric Utility fees that represents the reasonable cost to the City of providing the service is not a tax. But the City's Electric Utility also pays to the City's general fund an amount of up to 4% of the Electric Utility's gross revenue earned during the previous fiscal year. Plaintiff contend...

Excerpt: ...bson (2011) 195 Cal.App.4th 1, 15.) Defendant has failed to meet this burden. First, contrary to defendant's contentions, plaintiff did not expressly agree to arbitrate her claims against FMC. The arbitration agreement explicitly requires only plaintiff and the nonparty seller to resolve “any dispute between us”—i.e., any disputes between plaintiff and the seller (including the seller's employees, agents, successors, and assigns)—by bindi...

Excerpt: ... the court on April 16, 2021, and therefore relevant for the court to consider in ruling on defendants' Motions to Quash, set for hearing on October 15, 2021. Contrary to plaintiffs' contentions, however, whether Northwood Investors operated as an advisor or manager to three entities that funded a Joint Venture known as NW Congress Center, LLC, which itself was based in California, is irrelevant to the jurisdictional analysis. Nor are plaintiffs ...

Excerpt: ... the plume emanating from the 2040 Site where both entities operated. These Defendants contend that this information is material to the trial since it potentially affects both the declaratory relief action and the reasonableness of the District's investigatory costs. In response, the District points out, among other things, that this new data does not differ materially from Defendants' existing evidence regarding the distal end of the plume. (Opp...

Excerpt: ...rporate Status A corporation whose powers have been suspended for nonpayment of the corporate franchise tax lacks capacity to sue in California courts; and, if sued, it lacks capacity to defend. (Rev. & Tax Code, § 23301; Reed v. Norman (1957) 48 Cal.2d 338, 342; see Bourhis v. Lord (2013) 56 Cal.4th 320, 324; Color-Vue, Inc. v. Abrams (1996) 44 Cal.App.4th 1599, 1603-1604 [“suspension of corporate powers results in a lack of capacity to sue, ...

Excerpt: ...FAC pleads in conclusory fashion that he was an employee at the time of his interviews. Conclusory allegations are permitted if they are supported by other factual allegations in the complaint. (Perkins v. Superior Court (1981) 117 Cal.App.3d 1, 6.) However, Defendants contend that this conclusion is not supported by any other factual allegation in the FAC. The Court finds that the allegations set forth in Paragraphs 7, 8, 14-21 of the FAC are su...

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: ...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: ...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 ...