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: ...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: ...nt 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.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A “party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact. . . .” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) “A...

Excerpt: ...court notes it is unclear whether the papers were properly served on Defendants. The proofs of service filed on March 1, 2024 (ROA 31, 33) are internally inconsistent. The proof of service on the judicial council form states the documents identified in the attachme nt were personally served on Nino Riazati on March 1, 2024, at 10:05 a.m., at 4343 Von Karmen Ave, Ste. 250, Newport Beach, CA 92660, which is the office of Plaintiff's counsel. This...

Excerpt: ...in Departme nt N15. Plaintiff Tesser, LLC is ORDERED to serve by mail all application papers and notice of this ruling on Defendant Bridget Simpson, Defendant Lee B. Simpson, and their counsel of record. Plaintiff Tesser, LLC applies for a right to attach order and order for issuance of a writ of attachment against Defendant Bridget Simpson aka Bridget Scordo (Defendant Bridget) and Defendant Lee B. Simpson (Defendant Lee) in the amount of $358,5...

Excerpt: ...limited to t he “four corners” of the pleading (which includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code §§ 451 or 452. Although California courts take a liberal view of inartfu lly drawn complaints, it remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to inform the defendant of what plaintiff is c...

Excerpt: ...Cal.App.5th 356, 384.) Plaintiffs are granted limited leave to amend, however, to plead this remedy within the underlying cause of action they believe supports this relief. The demurrer to the second cause of action for conversion and the third cause of action for tr espass to chattel, is sustained, on the basis Plaintiffs have not alleged interference with Plaintiff's possession of the identified property. (PCO, Inc. v. Christensen, Miller, Fin...

Excerpt: ...Inc., M S Int ernational, Inc., Lotte Chemical California, Inc., and NGY Group (Orange County) Inc. demur to the fourth cause of action for fraudulent concealment. For the following reasons, the demurrers are overruled. In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. A demurrer challenges only the legal sufficiency of the affected pleading, not the...

Excerpt: ...oval of the class action and PAGA settlement. UPCOMING EVENTS: None FACTS/OVERVIEW: This is a putative wage -and -hour class action and PAGA matter. The operative First Amended Complaint (“FAC”) was filed March 24, 2021 (ROA 55), and alleges the following eight causes of action: 1. Failure to Pay Minimum Wages; 2. Failure to Pay Overtime; 3. Failure to Provide Rest Breaks; 4. Failure to Provide Meal Periods; 5. Failure to Provide Accurate Wa...

Excerpt: ...ff requests be stricken. (Id., 3:20 -22.) The memorandum also seeks an order striking the separate statement and references in Defendants' brief to the facts contained in the separate statement. (Id., 8:14 -16.) The Court considers this a motion to strike the entire separate statement only. (Cal. Rules of Ct., Rule 3.1322(a).) “The paragraphs in a separate statement should be limited to facts that address the elements of a cause of action or an...

Excerpt: ... an ov erlong brief due to Defendant's improperly single -spacing and use of less than 12 point font for numerous footnotes. The court is inclined to continue the hearing, and trial as necessary, to order Defendant to file a compliant memorandum and permit Plaintiff to respond pursuant to Code Civ. Proc. §437c. The court will hear from counsel on this point. Issues with Defendants' Moving Papers The Memorandum For its memorandum in support of i...

Excerpt: ...802 for Defendant's fa ilure to reimburse necessary business expenses. (ROA 2.) On July 16, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”) adding a PAGA claim. (ROA 17.) The class consisted of those employees who sought mileage/travel reimbursement. An Unlaw ful Business Practices claim is alleged on the same basis. The PAGA claim is based on violations of Labor Code sections 2802 and 204 (timely payment of wages). The L...

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...

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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...h 1422. “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action…it is not only error but abuse of discretion”.  Morgan v. Superior Court  (1959) 172 Cal.App.2d 527.        Plaintiff argues that Defendant' s proposed A...

Excerpt: ...Plaintiff has failed to adequately allege a cause of action for intentional interference with expected inheritance (IIEI). An IIEI claim requires: 1) an expectancy of inheritance; (2) proof amounting to a reasonable degree of certainty that the bequest would have been in effect at the time of the testator's death; (3) that the defendant(s) had knowledge of the expectation of inheritance; (4) that interference was conducted by independently to...

Excerpt: ...n is overruled. The demurrer is sustained as to the third cause of action is sustained without leave to amend. Dependent Adult Abuse/Neglect (First Cause of Action) The first cause of action is for dependent adult abuse/neglect. “The purpose of the [Elder Abuse Act] is essentially to protect a particularly vulnerable portion of the population from gross mistreatment in the form of abuse and custodial neglect.” (Delaney v. Baker (1999) 20 Cal...

Excerpt: ...n will receive.' [Citations.]” (People ex rel. Allstate Ins. Co. v. Weitzman (2003) 107 Cal.App.4th 534, 538 (Weitzman).) The term “qui tam” comes from the Latin expression “qui tam pro domino rege quam pro se ipso in hac parte sequitur,” which means, “'who pursues this action on our Lord the King's behalf as well as his own'.” (Ibid.) The Insurance Frauds Prevention Act (IFPA) was enacted in 1993 to combat workers' ...

Excerpt: ...ble result in light of the quality of the result obtained, the work performed by class counsel, a review of the billing records provided, and the estimated lodestar. In approving this amount and examining the billing records provided, the Court is not approving any particular hourly billing rates proposed by class counsel. 2. Litigation costs in the amount of $40,571.39, the full amount sought. 3. An enhancement of $2,500 to Plaintiff. In making ...

Excerpt: ...ing party is required to set forth specific facts showing good cause justifying the discovery sought by the inspection demand, pursuant to Code of Civil Pro cedure section 2031.310, subdivision (b)(1). To establish “good cause,” the burden is on the moving party to show both: (1) relevance to the subject matter (e.g., how the information in the document would tend to prove or disprove some issue in the case); and (2) specific facts justifyi...

Excerpt: ...ed, a redline showing all changes, deletions and additions must be submitted as well. In addition, please provide proof of service of any revised agreement on the LWDA. As to the Settlement: 1. Please provide a copy of Plaintiff's pre - filing letter to the LWDA . 2. Are there any other actions, whether individua l, class, or PAGA (including in the pre -filing LWDA stage) that may be affected by this settlement? 3. Please provide 60 days, rathe...

Excerpt: ...erbroad word “REFER”. Defendants also must serve all d ocuments responsive to Request for Production Nos. 14, 19, 20- 22, 45, 50, 56, 58- 60, 70-72 and 75 within 20 days, except that Request Nos. 14, 19, 56 and 72 will be deemed to exclude the overbroad word “REFER”. Such documents should include the pay summaries, time records, commission reports and commission summaries for all putative class members. Defendants also must serve a veri�...

Excerpt: ...lectively “Goe Forsythe”) and Attorney MICHAEL LEBOFF and the Law firm KLEIN & WILSON (collectively “ LeBoff”). The Parks move pursuant to Code of Civil Procedure section 2031.285, which provides in pertinent part: (a) If electronically stored information produced in discovery is subject to a clai m of privilege or of protection as attorney work product, the party making the claim may notify any party that received the information of the...

Excerpt: ...t argues that it only agreed to “perform” and not t o “complete” the work. Such appears to be a tortured reading of the parties' agreement and not consistent with the apparent intent of the parties. For example, Defendant's interpretation of the word “performed” would allow Defendant to merely begin the r epair/replace work without ever having to complete the work. The agreement entered into on or about May 9, 2023, called for work to...

Excerpt: ...ed “Grievance of Disputes”) that states the following, in relevant part: [A]ll employee claims or disputes concerning violations of, or arising under Wage Order 16 (except as noted in the immediately preceding paragraph), the California Labor Code Sections identified in California Labor Code section 2699.5 as amended, all derivative claims under California Business and Professions Code section 17200, et seq., all associated penalties, and fe...

Excerpt: ...ertsons, Inc. v. Superior Court (2008) 168 Cal.App.4th 1403, 1420- 1421; see Joyce v. Ford Motor Co. (2011) 198 Cal.App.4th 1478, 1489 [a motion to withdraw or amend an admission “would have been granted as long as the trial court determined that [defendant's] mistake in ad mitting the matter was not clearly inexcusable and withdrawal would not substantially prejudice [plaintiff]”].) “Section 2033.300 eliminates undeserved windfalls obtaine...

Excerpt: ...ealment, or nondisclosure); (b) knowledge of falsity (or ‘scienter'); (c) intent to defraud, i.e., to induce reliance; (d) justifiable reliance; and (e) resulting damage. [Citation.]” (Small v. Fritz Companies, Inc. (2003) 30 Cal.4th 167, 173, internal quotation marks omitted.) In this medical negligence case, Plaintiff alle ges in the FAC that prior to Dr. Hennessy treating him, the defendants “made written affirmative representations ass...

Excerpt: ... from other matters properly subject to judicial notice. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The issue is the sufficiency of the pleading, not the truth of the facts alleged. Thus, no matter how unlikely or improbable, the allegations made must be accepted as true for the purpose of ruling on the demurrer. (Del E. Webb Corporation v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) Absent court orders or other items subject to j...

Excerpt: ...d, and (3) it has filed a separate motion for a stay that has not yet been heard. The four discovery motions (ROAs 60, 64, 68, and 72) are GRANTED. Defendant is ORDERED to serve verified responses within 15 days. Sanctions are ORDERED against defendant and its counsel, joint and several, in the amounts requested in th e motions, payable to the plaintiff within 15 days. The defendant's request for sanctions is DENIED. Procedural Background The c...

Excerpt: ...ditions that the defendants caused, (c) she is concerned t hat she will be blackballed in the industry for suing her prior employer, and (d) defendants are trying to obtain a litigation advantage by making her disclose her real name, and they are seeking to shame and embarrass her. Code of Civil Procedure section 367 provides that an action “must be prosecuted in the name of the real party in interest, except as provided by statute.” Plaintif...

Excerpt: ...e profession commonly possess and exercise; (2) a brea ch of the duty; (3) a proximate causal connection between the negligent conduct and the injury; and (4) resulting loss or damage.” (Lattimore v. Dickey (2015) 239 Cal.App.4th 959, 968.) “The standard of care against which the acts of a physician are to b e measured is a matter peculiarly within the knowledge of experts; it presents the basic issue in a malpractice action and can only be p...

Excerpt: ...same].) Specifically, defendants failed to m eet their initial burden as to Noticed Issue No. 1 because the issue fails to completely dispose of any cause of action. (See Code Civ. Proc. § 437c, subd. (f)(1).) Defendants met their initial evidentiary burden as to Noticed Issues No. 3. & 5, Even if d efendants had met their initial burden as to each noticed issue, plaintiffs met their shifted burden to show triable issues of material fact. (See ...

Excerpt: ...b)(2).) “‘The Discovery Act requires that, prior to the initiation of a motion to compel, the moving party declare that he or she has made a serious attempt to obtain “an informal resolution of each issue.” [Citations.] This rule is designed “to encourage the parties to work out their differences informally so as to avoi d the necessity for a formal order....” [Citation.] This, in turn, will lessen the burden on the court and reduce t...

Excerpt: ... if a statement of compliance with the demand is incomplete, a rep resentation of inability to comply is inadequate, or an objection is without merit or too general. (Code Civ. Proc., § 2031.310(a).) The motion must set forth specific facts showing good cause to justify the discovery sought. (Code Civ. Proc., § 2031.310(b).) A party may move for an order compelling further responses to interrogatories if the party deems an answer to be evasive...

Excerpt: ...nd what procedure s Defendant followed to respond to Plaintiff's request, if any; and (2) any repairs and service reflected in the Global Warranty History Report applicable to the Subject Vehicle. The deposition shall occur at a mutually- agreeable time and place on or before April 15, 2024. Any party may obtain discovery by taking in California the oral deposition of any person, including any party to the action. (See Code Civ. Proc., § 2025.0...

Excerpt: ...ng party has 30 days after service of a demand for inspection to ser ve a response, Page 4 of 16 unless the parties agree to extend the date for a response and the agreement is “confirmed in a writing that specifies the extended date . . . for the service of a response.” (Code Civ. Proc. §§ 2031.260(a), 2031.270(a) -(b).) If a party to whom requests for production of documents were directed fails to serve a timely response, the propoundin...

Excerpt: ...(Law Offices of David S. Karton v. Segreto (2009) 176 CA4th 1, 9— § 1286 is mandatory in this respect.) A court has the power to vacate or correct an arbitrator's award on specific grounds. (CCP § 1286.) Unless a petition to correct or vacate the award has b een timely filed, the court must render a judgment confirming the arbitrator's award. [See CCP § 1286 —“the court shall confirm the award as made …”; see also Valsan ...

Excerpt: ... on appeal and thus it is entitled to its costs so l ong as those costs were timely requested and are allowable. In its opposition, filed the same day, defendant states that, “Hussein has indicated he does not challenge Defendants appellate cost bill.” But, in Hussein's reply, he iterates that he does chal lenge defendant's right to costs on appeal. He iterates that defendant “forfeited” its right to those costs because it failed to fil...

Excerpt: ... that no signed order to show cause was issued for the present OSC hearing. Wh ile the Court previously issued a signed OSC for the OSC hearing on 01/25/24, that OSC was taken off calendar and the OSC was then continued to 03/28/24. (See ROA 2222.) The Court only issued a minute order continuing the OSC to the current date of 03/28/2 4. No signed order was issued. Because the OSC must formally notify respondent of the time and place of the contem...

Excerpt: ...intiff Michael Kinney (“Plaintiff”). The Motion is GRANTED as to COAs 5 and 6 but DENIED as to COAs 3 and 4. As a preliminary matter, Plaintiff claims that this Motion is untimely under C.C.P. § 425.16(f). However, although it is based on allegations that were also made in a prior pleading, the statutory deadline is reopened for a new COA in an amended pleading, even if based on protected activity alleged in the original complaint. (Starview...

Excerpt: ...ers, directors, managing agents, employees, or agents o f entity deponents who are most qualified to testify on its behalf].) If the party being deposed objects to the deposition notice, it must object to same at least three calendar days prior to the date for which the deposition is scheduled. (Code Civ. Proc. , § 2025.410, subds. (a) & (b).) “If, after service of a deposition notice, a party to the action or an officer, director, managing a...

Excerpt: ...een filed may object, by demurrer or answer as provided in S ection 430.30 , to the plead ing on any on e or more of the followin g grounds: … (e) The pleading does not state facts sufficient to constitute a cause of action. (f) The pleading is uncertain. As used in this subdivision, ‘uncertain' includes ambiguous a nd unintelligible.” (Code Civ. Proc., § 430.10, subds. (e) & (f); see Code Civ. Proc., § 430.50, subd. (a) [demurrer may be...