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: ...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: ...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: ...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: ... 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: ...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: ...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: ... 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: ...-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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ... 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: ...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: ...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: ...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...