Excerpt: ...are the t hree members of the Forefront 405 Owners Association. The association manages office property in a common interest development. There is a split on the board, and the plaintiff constantly finds itself on the losing end of 2 -1 votes. The main dispute her e is over whether maintenance of the parking lot (a permitted activity) includes the construction of other amenities/developments to the office property, such as basketball courts, etc...

Excerpt: ...Villageway M anagement, Inc., and that the 90-day period ended on September 4, 2018 —is GRANTED. The court notes that no opposition was filed. 3. Defendants' evidentiary objections nos. 1 -47 to plaintiff's memorandum of points and authorities and response to the summary judgment motion are disregarded. They are not evidentiary objections. 4. Defendants' objection nos. 48 -63 are OVERRULED. 5. Plaintiff filed a document entitled “Objections...

Excerpt: ... declarati on of non-monetary status stricken immediately, it is DENIED. To the extent it seeks an order shortening time, it is also DENIED. Plaintiff has failed to show an emergency or why the matter cannot be heard in the ordinary course. This latter is without prejudice to the filing of a noticed motion to be placed on the court's regular law and motion calendar. Demurrer Defendant State of California Department of Health Care Services filed...

Excerpt: ...nd unintelligible. ” (Cal. Code Civ. Proc., § 430.10, subds. (e) & (f); see Cal. Code Civ. Proc., § 430.50, subd. (a) [demurrer may be taken to whole pleading or to any of the causes of action stated therein].) “A person against whom a complaint or cross -complaint has been fi led may, within 30 days after service of the complaint or crosscomplaint, demur to the complaint or cross -complaint.” (Cal. Code Civ. Proc., § 430.40, subd. (a)....

Excerpt: ...r than her i nitial request. No explanation is given as to why Plaintiff now seeks a sanction amount 37 times greater than initial requested. Plaintiff contends in her moving papers, that Defendants failed to timely pay fees or costs to initiate an arbitration procee ding. Indeed, in her moving papers, Plaintiff cites to and relies exclusively on Code Civ. Proc. §1281.97(a) quoting as follows: “In an employment or consumer arbitration that req...

Excerpt: ...lment” against Ford, based on allege d defects in her vehicle, but asserts only economic losses. Under the economic loss rule (the “ELR”), where a purchaser's expectations in a sale are frustrated because the product is not working properly, the remedy is in contract alone, for he has suffer ed only economic losses. (Robinson Helicopter Co., Inc. v. Dana Corp. (2004) 34 Cal.4th 979, 988.) Claims for monetary losses between contractual p...

Excerpt: ...llegations in the complaint, defendants (including these Doe defendants), “distribute and sell their kratom products to residents in California pursuant to a false and misleading marketing campaign.” The complaint further alleges that defendants do not disclose the serious health risks of the product; nor state that the product is the subject of warnings from poison control centers and is known to be not safe for human consumption. And it spe...

Excerpt: ...on letter were attached to the complaint. However, the plaintiff alleged that because the damages were “ongoing and exceeded $10,000” the amount of damages claimed was “omitted” from the form because “that portion was inapplicable.” The city argues that plaintiff 's failure to state the amount claimed is a material defect and the demurrer must be sustained without leave to amend. Without properly seeking judicial notice, the demurrer ...

Excerpt: ...odin (1998) 17 Cal. 4th 599, 615–617; Exxess Electronixx v. Heger Realty Corp. (1998) 64 Cal.App.4th 698, 706– 707.) Civil Code section 1717 applies only in an action “on a contract.” The meaning of “on a contract” has been liberally construed to mean any action involving a c ontract for the purposes of section 1717. (Turner v. Schultz (2009) 175 Cal.App.4th 974, 979– 80.) Here, it is undisputed that Selene is the prevailing party. ...

Excerpt: ... Protectiv e Order as to Requests for Production are DENIED. Interrogatories and Requests for Admission Plaintiffs have not established their burden of justifying their additional discovery. A propounding party may justify propounding additional special interrogatori es or requests for admissions based on the complexity or quantity of issues within the case. (CCP §§ 2030.040(a)(1) and 2033.040(a).) Here, Plaintiffs only offered justifications ...

Excerpt: ...al.App.4th 267, 288 (Kim) [evidence of damages is required for default judgment]; see also ROA No. 356 –Heidary Decl., in passim [one -page conclusory declaration].) There is also no affidavit of notice. (See Code Civ. Proc., § 587; Bae v. T.D. Service Co. of Arizona (201 6) 245 Cal.App.4th 89, 108, fn. 15.) Even if plaintiff had complied with the foregoing requirements, the request for default judgment would still be denied because the operat...

Excerpt: ...th 1236, 12631264, emphasis added.) Here, Petitioner claims injury on January 25, 2023. For claim filing purposes, six months means the longer of six calendar months or 182 days. (City of Pasadena v. Sup.Ct. (Jauregui) (2017) 12 CA5th 1340, 1346, fn. 4; Gonzales v. C ounty of Los Angeles (1988) 199 CA3d 601, 604). Six months from this date is July 25, 2023. Leave to file a late claim must be requested within a “reasonable time” and in no ev...

Excerpt: ...ent: 27 1. D efendant's Notice of Non-opposition (ROA 300, at 5:17) states “over 400” class members opted out. How many class members opted out? The settlement administrator should submit a declaration stating the number of notices sent, the number of opt outs, and the number of class members. 2. How will individual PAGA payments be calculated? In addition, what is the estimated high, low and average PAGA payment? 3. What is plaintiff's expec...

Excerpt: ...ovision in paragraph 1.37 is overbroad. Amended Nordrehaug Decl. (ROA 217) Ex. 1 (Class Action and PAGA Settlement Agreement, ¶ 1.37). 10 11 The release must be fairly tailored to the claims that were or reasonably could have been asserted in the lawsuit based on the facts alleged in the operative complaint, i.e., the second amended complaint filed February 7, 2024 (ROA 239). 3. The Released PAGA Claims provision in paragraph 1.38 is overbroad....

Excerpt: ...iled to fil e an opposition. In reviewing the complaint, it is unclear what causes of action are being alleged and against whom. However, the gravamen of the complaint appears to be rooted in a negligence claim. Defendant's first argument that plaintiff's complai nt fails to plead any of the elements of dangerous condition of public property under Government Code section 835 is well taken. Moreover, Defendant also appears correct in its asserti...

Excerpt: ...stems, f/k/a T riumph Structures – Los Angeles, Inc., a California corporation and Triumph Group, Inc. “The party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law. That is because of the general principle that a party who seeks a court's action in his favor bears the burden of persuasion thereon. (See Evid. Code, § 500.) There is ...

Excerpt: ...ay of the case rests within the discretion of the court. The alleged acts occurred between December 2018 and March 2019. The children were pre -teens. They are now around 16 years old. The civil complaint was filed July 21, 2020. Evans filed an answer June 11, 2021. A jury trial has been scheduled for February 3, 2025. In the criminal case, a pre -trial conference is set for May 22, 2024, and trial is set for June 6, 2024. Bail is set at $1 mil...

Excerpt: ...First Set of Form Interrogatories, is GRANTED. Code of Civil Procedure section 2030.290 states, in part, “If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply: (a) The party to whom the interrogatories are dire cted waives any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the p...

Excerpt: ... Kodaka, I nc., Kodania, Inc., Eiwa International, Inc., Apex Seafood, Inc., Ocean Green Seafood Inc., Blue Marine Seafood, Inc., Jade Equities, LLC, Shujen Ho, aka Jane Ho, and Chingying Chen (collectively, “Responding Defendants”) was electronically served on two s elf-represented litigants, Eiji Ota and Katoko Ota. It does not appear these two self -represented litigants affirmatively consented to electronic service. (Cal. Rules of Ct., Ru...

Excerpt: ... granting petitioner's writ of administrative mandamus. Judgment (ROA 600). The judgment states petitioner shall recover its costs against the California Department of Insurance as to the petition for writ of administrative mandamus in accordance with Government Cod e section 11523 and Civil Procedure Code sections 1094.5(a) and 1095 in an amount to be determined. Id. Petitioner filed its costs memorandum on September 25, 2023 (ROA 607) seeking ...

Excerpt: ...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.” (Code Civ. Proc., § 436.) Health & Safety Code sec tion 1430 is part of the Long Term Care Act, which “is a ‘detailed statutory scheme regulating the standard of care provided by skilled nursing facilities to their patients....

Excerpt: ...e meet and confer, pursuant to Code of Civil Procedure S ection 435.5. The Court notes that Defendant failed to adequately meet and confer before filing this Motion. The Court will exercise its discretion to consider the merits of the Motion at this time but admonishes Def endant that the future failure to comply with all applicable statutes and rules may result in a motion being taken off calendar in the future or sanctions, where appropriate. ...

Excerpt: ...face, purp ort to be a contract between the plaintiff and plaintiff's employer —a fact that defendants' counsel had confirmed in an e -mail to the plaintiff's counsel. Defendants' counsel attempted to disavow that concession during oral argument, essentially on the gr ound it was not a judicial admission, and in any event, it was made before counsel had all the facts. That argument is unpersuasive. Even if the arbitration agreement were enforc...

Excerpt: ...d without prejudice. As discussed further below, the May 2, 2024 hearing on defendants' motion to compel arbitration is continued to August 29, 2024. Defendants have moved to compel arbitration of this coordinated proceeding. Plaintiffs oppose, including based on plaintiffs' contention that the transportation worker exemption in section 1 of the Federal Arbitration Act (FAA) applies and exempts this case from arbitration. Defendants' motion to co...

Excerpt: ...lack of specific jurisdiction, the plaintiff has the initial burden of demonstrating, by a preponderance of the evidence, facts justifying the exercise of jurisdiction. Ziller Electronics Lab GmbH v. Superior Ct. (1988) 206 Cal.App.3d 1222, 1232 -33; Sacramento Sun creek Apts., LLC v. Cambridge Advantaged Props. II, L.P. (2010) 187 Cal.App.4th 1, 9. The plaintiff must do more than allege jurisdictional facts; the plaintiff must provide affidavit...

Excerpt: ...ns for lack of specific jurisdiction, the plaintiff has the initial burden of demonstrating, by a preponderance of the evidence, facts justifying the exercise of jurisdiction. Ziller Electronics Lab GmbH v. Superior Ct. (1988) 206 Cal.App.3d 1222, 1232 -33; Sacrament o Suncreek Apts., LLC v. Cambridge Advantaged Props. II, L.P. (2010) 187 Cal.App.4th 1, 9. The plaintiff must do more than allege jurisdictional facts; the plaintiff must provide af...

Excerpt: ...e of C ivil Procedure section 2025.290 provides that depositions in civil cases are generally limited to seven hours of testimony. However, a party is only entitled to ask questions at deposition which are “reasonably calculated to lead to the discovery of admiss ible evidence.” (Code Civ. Proc. § 2017.010.) At this time, Defendant has not shown it is necessary for the Court to enter an order preemptively limiting Defendant's deposition. How...

Excerpt: ...tion to co mpel 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 any fact necessary to its defense. Id. Defendant has carried its burden...

Excerpt: ...endant has filed late oppositions. Any party to the action or the witness may bring a motion to quash a subpoena and may request the Court to quash it entirely, modify it, or direct compliance with it upon those terms and conditions as the court shall declare inc luding protective orders. In addition, the court may make any other order as may be appropriate to protect the moving party from unreasonable or oppressive demands including unreasonabl...

Excerpt: ...appear fo r the deposition “without having served a valid objection under Section 2025.410.” (Code Civ. Proc., § 2025.450, subd. (a).) A written objection to a deposition notice must be served at least three calendar days prior to the date for which the deposition i s scheduled. (Code Civ. Proc., § 2025.410, subd. (a).) The Counsel for each side made some agreements, the details of which are disputed. Parties agreed that that the second ses...

Excerpt: ...resulting from the breach, and damage to plaintiff. Ann M. v. Pacific Plaza Shopping Center, 6 Cal. 4th 666, 673 (1993) (disapproved on another ground in Reid v. Google, Inc., 50 Cal. 4th 512, 527 (2010), fn. 5). Pursuant to the Complaint, Plaintiffs own property in a c ommon interest development which is managed by the Northwood Villa Homeowners Association (the “HOA”). Compl. ¶¶ 1,4. The HOA contracted with Defendant to provide property ...

Excerpt: ...n for tortious interference with contractual and business relations against Defendants Ralph Lauren and Swim USA, and sixth cause of action for conspiracy against Defendants Ralph Lauren and Swim USA. The Court rules as follows: The Demurrer is SUSTAINED WITH LEAVE TO AMEND as to the fourth cause of action for fraudulent concealment. Pursuant to Civil Code section 1710(3) fraud by concealment is the “suppression of a fact, by one who is bound t...

Excerpt: ...437c(a)(1).) “A p arty may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damag...

Excerpt: ...stitution or laws of the United States, or of the rights secured by the Constitution or laws of this state, the Attorney General, or any district attorney or city attorney may bring a civil action for injunctive and other appropriate equitable relief in the name of the people of the State of California, in order to protect the peaceable exercise or enjoyment of the right or rights secured. An action brought by the Attorney General, any district a...

Excerpt: ...a motion pursuan t to Section 391.1 is filed prior to trial the litigation is stayed, and the moving defendant need not plead, until 10 days after the motion shall have been denied, or if granted, until 10 days after the required security has been furnished and the moving defendant given written notice thereof. When a motion pursuant to Section 391.1 is made at any time thereafter, the litigation shall be stayed for such period after the denial ...

Excerpt: ...content of a website. (Searles Valley Minerals Operations, Inc. v. State Board of Equalization (2008) 160 Cal.App.4th 514, 519; See also LG Chem, Ltd. v. Superior Court of San Diego County (2022) 80 Cal.App.5th 348, 362, fn. 7.) Pursuant to Code of Civil Procedure sec tion 436, the Court may, upon a motion made pursuant to section 435 or at any time in its discretion, strike out “any irrelevant, false, or improper matter inserted in any pleadin...

Excerpt: ...Chang's medical condition.” On 12/12/23, the Court granted Plaintiff Dean Chang's (Plaintiff) unopposed motion to compel the deposition of Defendant Lucille Chang (Defendant), ordering Defendant to appear for deposition and produce documents pursuant to the deposi tion notice no later than 2/29/24, and awarding sanctions of $4,525 in sanctions against Defendant. Defendant did not oppose the motion to compel her deposition which was granted on 1...

Excerpt: ...voluntarily waives each party's right to a jury trial and court trial. (Lazarus v. Titmus (1998) 64 Cal.App.4th 1242, 1248).” (ROA No. 10.) The present motion to compel arbitration was filed on 8/24/23 and is unopposed. On 1/8/24, Plaintiff filed and served a subst itution of attorney stating that counsel Lenden Webb substituted for Plaintiff's former counsel Christopher Olsen. On 1/9/24, the Court continued the hearing on this motion and ord...

Excerpt: ... not opposed t his Motion and has failed to meet that burden. Further, it is clear that the questions do not implicate any private communications between Defendant and her attorneys and the attorney -client privilege does not apply. As for privacy, there must be a legally protected privacy interest, an objectively reasonable expectation of privacy in the given circumstances, and a threatened intrusion that is serious. (Williams, 3 Cal.5th at p. 5...

Excerpt: ...e untimely reply. All briefs should be filed as required by the code. First Cause of Action (Civil Conspiracy to Commit Extortion): This cause of action is not sufficiently pled. Initially, the court overrules the challenge this cause of action is barred by certain terms of the Settlement Agreement. Le's claims include a claim to rescind the Settlement Agreement. If Le succeeds in rescinding the Settlement Agreement, then its terms would not bar...

Excerpt: ...essor in interest to Leonel Cordova and the Estate of Leonel Cordova (collectively, Plaintiffs). As set forth below, the demurrer is SUSTAINED WITHOUT LEAVE TO AMEND. On October 2, 2023, the court sustained the Defendants' demurrer to the first cause of action for negl igence and allowed the Plaintiffs 20 days leave to amend. The basis for granting leave to amend was to allow Plaintiffs to either consolidate the negligence and premises liability...

Excerpt: ...e allegations are mere conclusions. [Citations.] Some particularized facts demonstrating a constitutional deprivation are needed to sustain a cause of action under the Civil Rights Act. [Citations.]” (Bach v. County of Butte (1983) 147 Cal.App.3d 554, 564) When address ing federal statutes, it is appropriate to apply federal law. (Bach v. County of Butte (1983) 147 Cal.App.3d 554, 563 [“we hold that the state courts of California should apply...

Excerpt: ..., (5) bre ach of implied in fact contract, (6) work, labor, and services rendered, (7) recovery of stolen property received pursuant to Penal Code §496, (8) intentional interference with contractual relations, (9) intentional interference with prospective economic relations, and (10) negligent interference with prospective economic relations. 1. Actual Fraud The elements of fraud are: "(a) [a] misrepresentation (false representation, conceal...

Excerpt: ... inten t to perform. “ ‘ “ Promissory fraud” is a subspecies of fraud and deceit. A promise to do something necessarily implies the intention to perform; hence, where a promise is made without such intention, there is an implied misrepresentation of fact that may be actionable fraud .' ” (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 973−974, internal citations omitted.) “Under Civil Code section 1709, one is liab...

Excerpt: ...aintiff is overruled as the papers were received timely, though improperly served. Plaintiff Pam Ragland filed a Complaint against Defendant Jeralyn Hirst (Jerri Hirst) for: (1) Personal Injury; (2) Willful Misconduct; (3) Intentional Infliction of Emotional Distress : and (4) Negligent Infliction of Emotional Distress. On 5/4/23 Plaintiff filed a First Amended Complaint (FAC) to add a fifth cause of action for Negligence. Defendant demurs t...

Excerpt: ...'s breach and resulting damage.” (Harris v. Rudin, Richman & Appel (1999) 74 Cal. App. 4th 299, 307.) “If the action is based on alleged breach of a written contract, the terms must be set out verbatim in the body of the complaint or a copy of the written agreement mus t be attached and incorporated by reference.” (Id.) Here, Plaintiff alleges that on or about March 28, 2022, Plaintiff and Defendant entered into a “purported contract�...

Excerpt: ... of action for declaratory and injunctive relief. The demurrer is SUSTAINED IN PART and OVERRULED IN PART as set forth below. Second Cause of Action (Breach of Oral Contract): “The elements of a breach of oral contract cause are: ‘(1) existence of the contract; ( 2) plaintiff's performance or excuse for nonperformance; (3) defendant's breach; and (4) damages to plaintiff as a result of the breach.' [Citations.]” (Aton Center, Inc. v...

Excerpt: ...e of the no tice of ruling. Plaintiff Keisha Lee seeks an award of attorney's fees in the amount of $19,249 and costs in the amount of $1,425.54 from Defendant Jaguar Land Rover North America, LLC and Defendant Jaguar Land Rover Newport Beach pursuant to the SongBeve rly Consumer Warranty Act. Basis for Award of Attorney's Fees The Song -Beverly Consumer Warranty Act (SongBeverly Act), Civil Code section 1790 et seq., states that “[i]f the buye...

Excerpt: ... Deputy Mica h Sulham, Deputy Adam Copeland, Deputy Frank Deleo, Deputy Susan Orellana and Deputy Mark Odom. Service of Process and Opposition Plaintiff served the instant motion on Defendants' Counsel to four electronic mail addresses, all with domain name “ccmslaw. com.” Specifically, Plaintiff served the motion on “[email protected]”, “[email protected]”, “[email protected]”, and “[email protected]”. However, Defenda...

Excerpt: ...MING EVENTS : None FACTS/OVERVIEW: This is a putative wage -and - hour class action and PAGA matter. On March 4, 2015, Plaintiff Raul Camacho, individually and on behalf of all others similarly situated, filed a Class and Representative Action Complaint against Defendant Residential Fire Systems, Inc. (ROA 2.) The Complaint alleged seven causes of action for: 1. Failure to Pay All Overtime Wages; 2. Minimum Wage Violations; 3. Rest Period Violat...

Excerpt: ...hat party has proved each element of the cause of action entitling the party to judgment on the cause of action. Once the plaintiff or cross- complainant has met that burden, the burden shifts to the defendant or cross -defendant to show that a triable issue of one or mo re material facts exists as to the cause of action or a defense thereto. The defendant or cross- defendant shall not rely upon the allegations or denials of its pleadings to show...

Excerpt: ...sed class ac tion and PAGA settlement. UPCOMING EVENTS: None FACTS/OVERVIEW: This is a putative wage -and -hour class action and PAGA matter. On November 5, 2020, Plaintiff Nicole Grimes, individually and on behalf of other members of the general public similarly situate d (“Plaintiff”), filed a Complaint against Defendant Pacific Cardiovascular Associates Medical Group, Inc. (“Defendant”). (ROA 2.) The Complaint alleges nine causes of ...

Excerpt: ...r in the la st seven years; (2) someone who “repeatedly relitigates or attempts to relitigate, in propria persona” matters that have been finally determined against him or her; (3) someone who "while acting in propria persona, repeatedly files unmeritorious motions, pleadings, or other papers . . . or engages in other tactics that are frivolous or solely intended to cause unnecessary delay.” Code of Civil Procedure § 391(b). Code of ...

Excerpt: ...f, Hospitality Marketing Conc epts, LLC (“HMC”). For th e reasons set forth b elow, both motions are DENIED. Motion 1: The Ramadans' Motion A. Issues One and Two (Alter Ego Liability as to HMC) “In California, two conditions must be met before the alter ego doctrine will be invo ked. First, there must be such a unity of interest and ownership between the corporation and its equitable owner that the separate personalities of the corporation ...

Excerpt: ...e to Requests for Production of Documents (Set Three) is GRANTED. Defendant Capital Managers, LLC is ORDERED to serve full, complete, and verified responses and responsive documents to Cardflex Inc.'s Requests for Production to Capital Managers, LLC, Set 3, without ob jections, within 10 days of this ruling. Defendant Eventus Holdings, LLC is ORDERED to serve full, complete, and verified responses and responsive documents to Requests for Produ...

Excerpt: ...-42, 55 -56 is GRANTED in part and DENIED in part. Defendant General Motors, LLC is ORDERED to serve full, complete, and verified responses to Form Interrogatories – General, Set One, Interrogatories Numbers 12.1 and 15.1 within 30 days of service of the notice of r uling. Defendant General Motors, LLC is ORDERED to serve full, complete, and verified responses to Plaintiff's Special Interrogatories to Defendant General Motors, LLC, Set One, I...

Excerpt: ...Plaintiff is self-represented. California Rules of Court, Rule 2.251(c)(3)(B) 6 provides that self - represented parties “are to be served by non -electronic methods unless they affirmatively consent to electronic service.” Code of Civil Procedure section 1010.6 provi des for electronic service of documents in cases filed on or after 1/1/19, but section 1010.6 subdivision (d)(4) states local rules requiring electronic filing and service mus...

Excerpt: ...they are not mat erial to the disposition of the motion. Additionally, the Court declines to issue an advisory ruling on the issue of waiver of attorney -client privilege, because an assertion of the privilege is not before the court. Merits Taylor Graphics moves, under C CP section 425.16, for an order striking the following allegations in Espinosa's Cross -Complaint: “[Taylor Graphics breached the Lease and caused a nuisance for] failing and ...

Excerpt: ... not moot. Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants(2007) 148 Cal. App. 4th 390, 405- 407. Code Civ. Proc. section 2031.310 provides, in relevant part, that “any party may obtain discovery” by “inspecting, copying, testing, or sampling d ocuments, tangible things, land or other property, and electronically stored information in the possession, custody, or control of any other party to the action.” Code Civ. P...

Excerpt: ...ng the cl ass and aggrieved employee allegations in the First Amended Complaint. UPCOMING EVENTS: 1. Motion to Compel Responses to Special Interrogatories – April 5, 2024 2. Motion to Compel Responses to Requests for Production – April 5, 2024 3. Motion to Appear Pr o Hac Vice – May 31, 2024 FACTS/OVERVIEW: This is a putative wage -and -hour class action and PAGA matter. On February 7, 2022, Plaintiff Alondra Rosas Valencia, as an individua...

Excerpt: ...ng and rec eiving extensions of time, the Cosic Defendants served unverified responses consisting of boilerplate objections to each and every request. Plaintiff's counsel attests that on October 19, 2023, he sent a meet and confer letter to Defendants' counsel regard ing the deficiencies in his discovery responses and requesting supplemental responses within seven days. (See, e.g., ROA 82, Declaration of Shawn S. Dargahi (“Plaintiff's Counsel...

Excerpt: ...ed a Class Action Complaint against Defendant Prospera Management, Inc. (“Defendant”). (ROA 2.) The original Complaint alleged several causes of action for Labor Code wage - and -hour violations. On September 7, 2023, pursuant to stipulation and order, Plaintiff dismissed her individual claims and putative class action claims without prejudice, and filed the operative First Amended Complaint (“FAC”) alleging a single cause of action for ...

Excerpt: ... to exercise t he option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010) . . . [¶] (b) The party propoun ding the interrogatories may move for an order compelling response to the interrogatories. Defendant properly served its Form Interrogatories (Set One) on Plaintiff on April 11,...

Excerpt: ...s will be sp lit between the two law firms representing plaintiff and the class, so that the court can approve separate attorneys' fees awards. The initial preliminary approval papers stated there was no fee splitting, without any supporting citation. The Class Notic e said that Class Counsel is Kingsley and Kingsley, but Abramson Labor Group is on the caption and plaintiff declares in ¶6 of his declaration that he consented to a fee -splitting...

Excerpt: ...1) the existen ce of the contract, (2) [the party's] performance or excuse for nonperformance, (3) the [other party's] breach, and (4) resulting damages to the [party].” (Maxwell v. Dolezal (2014) 231 Cal. App. 4th 93, 97- 98.) A complaint need only plead the legal effect or substance of the contract's material terms, even for oral contracts. (See, e.g., Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616 [“An oral contrac...

Excerpt: ...ustained without leave to amend. Aiding and Abetting Fraud or Breach of Fiduciary Duties (Seventh Cause of Action) The seventh cause of action is against the Starboard Defendants for "aiding and abetting fraud and/or breach of fiduciary duties". (TAC, at pp. 54 -57.) TPG alleg es Starboard had actual knowledge of Defendant Honarkar's planned fraud and breach of fiduciary duties, and that Starboard “actively concealed” that it was �...

Excerpt: ...aking or damaging by a public entity of a valuable property right; (2) that the taking or damaging was for a public use; and (3) that the invasion or appropriation directly and specifically affected the property owner to his or her injury. (City of Los Angeles (201 1) 194 Cal. App. 4th 210, 221.) Plaintiff alleges that the following constitute a taking: (1) Defendant's refusal to issue Plaintiff a business license for a four month period startin...

Excerpt: ...nes, and to maximize enforcement of state labor laws.” (Moniz v. Ade cco USA, Inc. (2021) 72 Cal.App.5th 56, 72.) Because it appears Defendant provided Pick Up Stix releases to employees in both English and Spanish, the Court will require that notice of this settlement be given in both English and Spanish. The Court approve s the following distributions: 1. Attorneys' fees and litigation costs in the amount of $108,750. The grounds for this awa...

Excerpt: ...eet their initial burden of establishing a written agreement exists between the parties that includes a prevailing party contract, as required under Civil Code section 1717. Civil Code section 1717(a) states, “In any action on a contract, where the contract specific ally provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the pa...

Excerpt: ... Busine ss and Professions Code section 17200 (UCL) are both based on the same common nucleus of facts as the cause of action for misappropriation of trade secrets and are therefore superseded by the California Uniform Trade Secrets Act (CUTSA). (See K.C. Multimed ia, Inc. v. Bank of America Technology & Operations, Inc. (2009) 171 Cal.App.4th 939, 958959, 962 (K.C. Multimedia) [CUTSA preemption]; Angelica Textile Servs., Inc. v. Park (2013) 220 ...

Excerpt: ...fer obligation pr ior to filing the motion, and further attempts to meet -and -confer would have been futile under the circumstances. The court notes the following: Defendant proffers evidence that her attorney, Mark S. Ashworth, sent Plaintiff a detailed initial meet- and-c onfer letter on at least three separate occasions – on September 27, October 5, and October 17, 2023. (Ashworth Decl., ¶ 2; Exh. A.) “At some point Plaintiff called [Mr...

Excerpt: ...of the defendant's allegations as being true.'” (People ex rel. Becerra v. Superior Court (2018) 29 Cal.App.5th 486, 499.) Here, as in Becerra, defendant has “denied all of [plaintiff's] allegations . . . . This alone should have precluded judgment on the pleadings.” (B ecerra, supra, 29 Cal.App.5th at p. 499; accord 8/14/23 answer at p. 2. [defendant “denies generally and specifically each and every cause of action and allegation”...

Excerpt: ...s should be prepared to discuss the deadline for answering or otherwise responding to the 3AC. EVIDENTIARY MATTERS Defendant Orange County Health Authority dba CalOptima (“CalOptima”) has filed unnumbered evidentiary objections to the Prime Hospitals' evidence. The Court numbers them sequentially for the purposes of ruling on them. 1. Overruled. 2. Overruled. 3. Sustained on hearsay grounds as to the sentence “The judgment was entered afte...

Excerpt: ...Complaint (the o perative pleading) filed by Plaintiff NANCY L. ROJO (“Rojo”). Rocha's alternative motion for summary adjudication of issues is therefore MOOT. Only the 5th and 6th causes of action of the Third Amended Complaint remain. 5th C/A (financial elder abuse) Th e fifth cause of action for financial elder abuse alleges, inter alia: Rocha used an expired Memorandum of Understanding (MOU) to take, deprive, misappropriate, and retai...

Excerpt: ...glish is n ot his native language. (Pedraza Decl., ¶¶ 10 -12.) The DRP states in relevant part: Arbitration shall be the sole and exclusive remedy for any dispute, grievance, claim, or controversy of any kind or nature (a "claim") arising out of, related to, or con nected with your employment application with the Company, your employment relationship with the Company, your engagement with the Company, and the termination of your employm...

Excerpt: ... or to produc e any document, electronically stored information, or tangible thing under the deponent's control that is specified in the deposition notice or a deposition subpoena, the party seeking discovery may move the court for an order compelling that answer or pro duction.” A deponent who has objected to a question and refused to answer bears the burden of justifying such refusal on the motion to compel. (Weil & Brown, Cal. Practice ...

Excerpt: ...Eviden ce Code section 1157 preserves the secrecy of the proceedings and records of peer review bodies and of organized committees of hospital or professional associations charged with evaluating and improving the quality of care rendered by specified health care professionals. The burden is on the facility, as the party resisting discovery, to establish that the information falls within the class of material protected under Section 1157. (Santa...

Excerpt: ...des, “Any city receiving notice of the action filed against the board and the county may, within 30 days of the receipt of that notice, intervene in that action.” The court need not concern itself with what the statute might imply, because the text is unambiguous. The right of intervention belongs to a city, and DWA is not a city. As the court noted in Busse v. United PanAm Financial Corp. (2014) 222 Cal. App. 4th 1028, 1038, “The classic ...

Excerpt: ...nst him. Plaintiff asserts these causes of action against Defendant CITY only. The Court DENIES Defendants' request for judicial notice of Exhibits D and E. These documents are not the proper subject of judicial notice. As to Defendant's special demurrer, the Court OVERRULE S same. These causes of action are not so unintelligible that Defendants cannot reasonably respond. Any ambiguities can be clarified through discovery. (Lickiss v. Financial ...

Excerpt: ...day, December 13, 2023, on December 18, 2023, plaintiff and cross -defendant filed a declaration for an automatic extension. The extension expired on January 17, 2024, but the demurrer and motion to strike were not filed until March 1, 2024. And then, cross -defendant s et the matters for hearing on May 16, 2024, in violation of Rules 3.1320(d) and 3.1322(b) of the California Rules of Court [demurrer must be set for a hearing within 35 days of ...

Excerpt: ...iminary Appr oval (ROA 255) served on the LWDA? Plaintiff must file a proof of service with the court reflecting service of the August 26, 2020 order on the LWDA. 2. Has defendant paid all sums owed under the settlement? See Hernandez Decl. (ROA 265) ¶ 15. If not, w hen will defendant pay the outstanding sums owed? 3. Was the escalator clause triggered? 4. The settlement administrator should state whether any disputes were received. 5. The set...

Excerpt: ...lation of Class and PAGA Action Settlement, ¶ 4(A)). The release must be fairly tailored to the claims that were or reasonably could have been asserted in the lawsuit based on the facts alleged in the operative complaint. E.g., the word “reasonably” should be i nserted before “could have been pled”; “[t]he Complaints” should be replaced with “[t]he Second Amended Complaint”; and the phrase “(including the contemplated Second Am...

Excerpt: ...operly serve an amen ded Complaint by April 3, 2023, or thereafter; that at the May 4, 2023, Case Management Conference, Plaintiff had still not filed the First Amended Complaint and represented to the Court that one would be filed but that one had still not been filed and tha t Plaintiff never requested additional time to file and serve an amended complaint, and no extension was granted. Defendant asserts that the entry of default appears to...

Excerpt: ...tion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dismissal without the need for trial. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 8 26, 843.) BREACH OF ORAL CONTRACT – 1ST cause of action In this action, Plaintiff asserts that approximately 60 years ago, it entered into an oral contract with W...

Excerpt: ...initial matter, the court not es Officer Clay was dismissed from Plaintiffs' Complaint on 03/21/24 and Officer Clay dismissed his Cross -Complaint on the same date. (ROA 117, 119.) Thus, Officer Clay is no longer a party to this action. Accordingly, Defendants' request for judgment in f avor of Officer Clay is DENIED AS MOOT. The City raises several arguments in support of its contention that it is entitled to summary judgment in its favor as to ...

Excerpt: ... A. Ju dgment Creditor can correct its name. A court of general jurisdiction has the power, after final judgment and regardless of lapse of time, to correct clerical errors or misprisions in its records, whether made by the clerk, counsel, or the court itself, so that the records will conform to and speak the truth. (Estate of Goldberg (1938) 10 Cal.2d 709, 713.) This inherent power is confirmed by statute. “The court may, upon motion of the ...

Excerpt: ...ion. For the followi ng reasons, defendants' motion is granted in part and denied in part. The sixth cause of action (failure to provide accurate wage statements) and the seventh cause of action (failure to reimburse for expenses) in plaintiff's complaint are ordered to arbitr ation. The remaining claims are stayed pending completion of the arbitration. Civ. Proc. Code § 1281.4. Defendants' motion to strike the class allegations is denied. The a...

Excerpt: ...urt Orde r Plaintiff's motion to compel compliance with this court's order of September 28, 2023, is DENIED. Further responses were served on October 4, 2023, but plaintiff complains the responses are “nearly identical” to the prior responses. The motion is not accompanied by a separate statement as required by Rule 3.1324 of the California Rules of Court, and the motion fails to establish how the responses were not compliant with the court's...

Excerpt: ...1, 2023 be deemed admi tted and conclusively established for all purposes in this action. Defendants additionally move for an order awarding monetary sanctions against Plaintiff in the sum of $690 each for three filed motions for a total of $2,070 for all motions. Defendants contend that Plaintiff has not served responses to the discovery at issue and that Plaintiff has asserted that she has already responded to the discovery via her complaint a...

Excerpt: ... must consider the objections to the interrogatories, the interrogatories themselves, the pleadings, and the contentions of the interrogating party as to the purpose and validity of the interrogatories. (Columbia Broadcasting System, Inc. v. Superior Court for Los Angeles C ounty (1968) 263 Cal.App.3d 12, 18- 19.) “If the interrogatories stray too far and seek information which cannot reasonably serve the acknowledge purposes of pretrial discov...

Excerpt: ...o effectua te personal service. Instead, Plaintiff served all Defendants by emailing the summons and complaint to Defendant Chavez. Defendants argue that Chavez did not agree to accept service of the summons and complaint by email and further did not agree to accep t service on behalf of the other Defendants. Defendants also argue that Plaintiff did not establish that she made diligent attempts to personally serve Defendants prior to serving them...

Excerpt: ...ive dam ages, Plaintiff must establish Defendants are guilty of oppression, fraud, or malice. (Civ. Code § 3294(a).) Moreover, Civil Code section 3294(b) provides, “An employer shall not be liable for damages pursuant to subdivision (a), based upon acts of an em ployee of the employer, unless the employer had advance knowledge of the unfitness of the employee and employed him or her with a conscious disregard of the rights or safety of others...

Excerpt: ...he Estate o f Jeffrey Russell, Case No. 213400266 (the “Utah Probate Case”). Plaintiffs contend that the issues in the Utah Probate Case are substantively identical to these proceedings as it involves many of the same claims at issue and the same parties here. The C ourt disagrees. Plaintiffs' claims in the Utah action are as follows: (1) determining invalidity of purported trust; or in the alternative (1) enforcing decedent's contract to lea...

Excerpt: ...rt ORDERS that the version of the Declaration of Jemma E. Dunn in Support of Plaintiff Jane Doe 7030's Opposition to NewportMesa Unified School District's Motion for Summary Judgment that does not redact Plaintiff's true name, (ROA #144), shall not be made available to the public without court order. The court ORDERS that the version of the Declaration of Jemma E. Dunn in Support of Plaintiff Jane Doe 7030's Opposition to NewportMesa Unified Sc...

Excerpt: ...ent Reques ts 1-5. Non -Party Avalon Laboratory Services, LLC is ORDERED to serve full, complete, and verified responses and responsive documents to Document Requests 6 and 7 of the Deposition Subpoena for Production of Business Records Served on Nonparty Avalon Labo ratory Services, LLC, within 30 days of service of the notice of ruling. Defendant Integritox Laboratories, LLC (Defendant Integritox) and Defendant Laboratory Services, MSO, LLC (D...

Excerpt: ...and First A mended Complaint (FAC) for lack of personal jurisdiction due to defective service. Standard to Quash Service of Process A court lacks jurisdiction over a defendant if there has not been proper service of process upon that defendant.  (See Ruttenberg v. Ruttenberg (1997) 53 Cal.App.4th 801, 808.) Therefore, “[a] defendant, on or before the last day of his or her time to plead or within any further time that the court may for good c...

Excerpt: ...hard moves to dismiss the 1st, 2nd, and 3rd Causes of Action of the Complaint for Property Damages, Breach of Contract, Fraud and Punitive Damages filed by Plaintiff Daniel Escamilla. 1st Cause of Action (Willful Misconduct Resulting in Property Damage) The crux of Plaintiff's claim is that Defendant rented a 2018 Ford F- 150 Lariat vehicle and caused damage to it when he had a duty not to do to so. Defendant argues that Plaintiff lacks standing...

Excerpt: ...electronic service RELIEF SOUGHT: Moving Plaintiffs move for an order to compel Defendants to provide responses to Requests for Production of Documents, and to impose monetary sanctions on Defendants. UPCOMING EVENTS: 1. Motion for Summary Judgment/Summary Adjudication – May 24, 2024 2. Status Conference – October 2, 2024 FACTS/OVERVIEW: This is an individual wage -and -hour action and representative PAGA action. This is not a class action. O...

Excerpt: ... On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that any of the following apply: [¶] (1) An answer to a particular interrogatory is evasive or incomplete. [¶] (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those d ocum en ts i s i n ad eq uate. [ ¶] ( 3 ) A n ob j ect...

Excerpt: ...ing. Plain tiff Meadows Bank LP is ORDERED to pay to Defendant Kimberly Ann Gavin sanctions in the amount of $1,600 (4 hours x $400 per hour) within 30 days of service of the notice of ruling. If the sanctions are not paid in a timely manner, they shall accrue intere st at the legal rate of 10% per annum. Defendant Kimberly Ann Gavin (Defendant Gavin) moves to compel Plaintiff Meadows Bank to provide further responses to Requests for Production o...