Excerpt: ...Court for the District of Nevada which granted Plaintiff's unopposed Motion for Relief from Automatic Stay, and which has original and exclusive jurisdiction over Petersen -Dean, Inc.'s bankruptcy petition and Plaintiff's petition for relief from the automatic stay. A petition in bankruptcy creates an automatic stay of all judicial proceedings against the debtor. (11 U.S.C. § 362(a), emphasis added.) “Upon the filing of a bankruptcy proceeding...

Excerpt: ...ff's argument is not persuasive. As an initial matter, Plaintiff fails to identify any authority where issues of what dates an employee was eligible for leave under the FMLA/CFRA/PDLL can be summarily adjudicated as an issue of duty. Second, even if this is properly characterized as an issue of duty, it is 12 still not an appropriate matter for summary adjudication because adjudication these issues will not entirely dispose of any cause of action...

Excerpt: ...cific Design Sciences Corp. v. S uperior Court (2004) 121 Cal.App.4th 1100, 1106.) Plus, under C.C.P. §483.010, attachment may be issued only if the claim sued upon is: (1) a claim for money based on a contract (express or implied); (2) the claim is for a fixed or readily ascertainable amount not less than $500, exclusive of costs, interest and attorney's fees; (3) the claim is not secured by real property (or was originally so secured, but due ...

Excerpt: ...urt's order; t he remittitur issued on September 11, 2024. For the following reasons, plaintiff's motion is granted as set forth below. The court of appeal ordered plaintiff is entitled to an award of its costs on appeal. Plaintiff's costs memorandum filed October 21, 2024 (ROA 1655) states plaintiff incurred $2,692.20 on appeal ($430.20 in filing fees and $2,262.00 for preparation of the original and copies of the clerk's transcript or appendix)...

Excerpt: ... Bifurcation Code of Civil Procedure section 1048(b) provides as follows: The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, including a cause of action asserted in a cross - complaint, or of any separate issue or of any number of causes of action or issues, preserving the right of trial by jury required by the Cons...

Excerpt: ...ervice reflec ting service of the December 12, 2024 Order Granting Preliminary Approval on the LWDA. 2. The settlement administrator states that 30 notices were returned by the post office, 23 notice packets were remailed, and that 5 notices were deemed undeliverable. Singh Decl. (ROA 127) ¶¶ 9 - 10. What happened to the other two notices that were returned by the post office (i.e., 30 - 23=7, but 5 notices were deemed undeliverable). 3. Has th...

Excerpt: ...App.4th 651, 658.) Pursuant to Code of Civil Procedure section 438, subdivision (b)(1), a party may move for judgment on the pleadings. A defendant may move for a judgment on the pleadings on the ground that the complaint does not state facts sufficient to constitute a cause of action against that defendant. (Code Civ. Proc., § 438, subd. (c)(1)(B).) The grounds for a motion for judgment on the pleadings “shall appear on the face of the challe...

Excerpt: ... the Legislature has no power to create liability for past conduct where no enforceable claim existed. The District contends that AB 218 violates Article XVI, section 6 of the California Constitution, which prohibits gifts of public funds. Page 12 of 25 Assembly Bill 218 (AB 218) amended Civil Procedure Code section 340.1 to allow plaintiffs to bring claims for childhood sexual assault until January 1, 2023, even where the statute of limitations ...

Excerpt: ...s. See Maruky an Decl. (ROA 128) ¶ 36. By plaintiff's counsel's calculation (Marukyan Decl. (ROA 128) ¶ 36), defendant's maximum total exposure is estimated to be more than $90,000,000. The parties must explain why the proposed settlement amount of $2,500,000 is fair and reasonable. In addition, plaintiff's counsel's valuation (Marukyan Decl. (ROA 128) ¶ 36) relies on significant and seemingly duplicative discounts, each of which requires furt...

Excerpt: ... all or part of the real property is situated. The notice shall contain the names of all parties to the action and a description of the property affected by the action.” (Code Civ. Proc., § 405.20.) A “real property claim” is defined as “cause or causes of action in a pleading which would, if meritorious, affect (a) title to, or the right to possession of, specific real property or (b) the use of an easement identified in the pleading, o...

Excerpt: ...The parties sh ould provide the estimated average, high and low amounts for the individual class and PAGA payments. 27 3. Plaintiff should provide the named plaintiff's anticipated total amount to be received (including for any individual claims and excluding any enhancement payment). 4. When are the class and PAGA releases effective? The court will not require the class members to release their claims before defendant pays all sums owed. 5. Purs...

Excerpt: ...persuasion and burden of proof by a preponderance of the evidence to negate the plaintiff's claim. It may do this by demonstrating the claim has no merit, 9 that the plaintiff cannot prove an element of the claim, or that the defendant has a complete defense entitling it to judgment as a matter of law. (Code Civ. Proc. § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850 -51.) Torres first contends that Plaintiffs do not ha...

Excerpt: ...ecause the alleged con duct is neither severe nor pervasive. To establish a prima facie case of unlawful harassment under FEHA, a plaintiff must show “(1) he was a member of a protected class; (2) he was subjected to unwelcome ... harassment; (3) the harassment was based on [the plaintiff's membership in an enumerated class]; (4) the harassment unreasonably interfered with his work performance by creating an intimidating, hostile, or offensive ...

Excerpt: ...default on two separate l oans. The first two causes of action are for Breach of Contract and Breach of Guaranty as to Loan No. 1 and the second two cause of action are for Breach of [Type here] [Type here] [Type here] Contract and Breach of Guaranty as to Loan No. 2. Copies of the business loan agreements are attached as Exhibits 1 and 3 to Sandra Otero's declaration. “A party may move for summary judgment in an action or proceeding if it is c...

Excerpt: ...nse, claims for damages, or issues of duty” sought to be adjudicated]; Schmidlin v. City of Palo Alto (2007) 157 Cal.App.4th 728, 74 4 6 [same]; see also Planet Bingo LLC v. Burlington Insurance Company (2021) 62 Cal.App.5th 44, 57 [same].) Plaintiffs' motion is DENIED to the extent it seeks summary judgment on the complaint, and GRANTED to the extent it seeks summary judgment on the cross -complaint. The complaint. To the extent the motion see...

Excerpt: ... Plaintiff fell and t hat Defendants did not own or control the sidewalk at issue. Defendant Magtech also argues that it did not own or control the property because it is a lessee. Plaintiff opposed both motions. The City opposed TE & P's motion. Page 19 of 25 The parties agree that Defendant TE & P owns the property abutting the sidewalk and that Defendant Magtech leases that property from Defendant TE & P. As an initial matter, Plaintiff's requ...

Excerpt: ... denied in pa rt. The right to arbitration depends upon contract; a petition to compel arbitration is simply a suit in equity seeking specific performance of that contract. Little v. Pullman (2013) 219 Cal.App.4th 558, 565. The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence a...

Excerpt: ...ons on October 11, 2024. (Decl. of Enav, ¶ 16, Ex. 4). O n October 14, 2024, Plaintiffs' counsel followed up with Defendant's counsel and sent an email requesting alternative dates for the deposition to occur. To date, no alternative dates have been provided. (Decl. of Enav, ¶¶ 19, 20). Defendant contends that this motion is premature and moot because on November 4, 2024, counsel for American Honda sent an email informing Plaintiffs' counsel t...

Excerpt: ...res that the response to each interrogatory must contain an answer with the information sought, an exercise of the party's option to produce writings, or an objection. Each response must be “complete and straightforward as the information reasonably available to the responding party permits. (Code Civ. Proc., § 2030.220, subd. (a).) “Parties must state the truth, the whole truth, and nothing but the truth in answering written interrogatories...

Excerpt: ...urt as it rel ates to this issue will be 6 binding on the Contract Action — i.e., that the articles identified in the China Actions were published by Lou, that those articles were false and defamatory, and that the damages to Bank of Fushun for those publications was 500 yuan and 2000 yuan. Whether or not those publishing constitute a breach of the settlement agreement and all other issues raised in the Contract Action will be decided before th...

Excerpt: ...e defendants o r some of them reside at the commencement of the action is the proper court for the trial of the action.” Additionally, “if a defendant has contracted to perform an obligation in a particular county, the superior court in the county where the obligation is to be performed, where the contract in fact was entered into, or where the defendant or any defendant resides at the commencement of the action is a proper court for the tria...

Excerpt: ...or responding me morandum may exceed 15 pages ...” (emphasis added). Plaintiff's brief was 35 pages, not including any exhibits, attachments, table of contents, table of authorities or proof of service. Plaintiff egregiously violated this rule by adding 20 pages. Pursuant to Cal. R. Ct, rule 3.1113, subd. (g), “A memorandum that exceeds the page limits of these rules must be filed and considered in the same manner as a late -filed paper.” A...

Excerpt: ....) Here, Defend ants move to strike the Doe amendments by which they were added as parties to this action. If a plaintiff is “ignorant of the name of a defendant,” the plaintiff “must state the fact in the complaint,” and, when the defendant's true name is discovered, “the pleading or proceeding must be amended accordingly.” (Code Civ. Proc. § 474.) “Where a complaint sets forth, or attempts to set forth, a cause of action against ...

Excerpt: ... the court. (Code Civ. Proc. § 436.) Civil Code § 3294 provides that punitive damages may be awarded in an action for breach of an obligation not arising from contract, if the plaintiff proves by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice. In general, breach of the implied covenant gives rise to contract damages only. In the insurance context, however, breach of the implied covenant (often c...

Excerpt: ...ns. The motion is denied as to request nos. 1, 3-4, 9 -15, 17, 21. Legal Standard for Motion to Compel “[A]ny party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any motion made in that action, if the matter is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence. Discovery may r...