Excerpt: ...e motion is GRANTE D as to the request to vacate the current preliminary injunction. The motion is DENIED as to the request for a new preliminary injunction. As discussed below, this matter involves members of the Rhee family: decedent Henry Rhee, his wife Grace Rhee, their sons Thomas and Brian Rhee, and Thomas's wife Judy Ren. The Court refers to these persons by their first names for clarity. No disrespect is intended. EVIDENTIARY MATTERS I. ...

Excerpt: .... Univ ersity of San Francisco (2024) 100 Cal.App.5th 75 should inform its analysis. In their supplement, “Plaintiffs recognize Berlanga's persuasive force on this Court” and concede that “their arguments may, ultimately, may need to be decided in this District's appellate court.” (ROA 369 at p. 3.) To be clear, Berlanga is not merely persuasive authority in this Court, it is binding. (See Auto Equity Sales, Inc. v. Superior Court (1962) ...

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: ...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: ...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: ...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: ...for a properly noticed deposition. In a minute order dated January 27, 2023, the Court granted Defendant's motion to compel and ordered her to sit for deposition by February 17, 2023. (ROA 164.) Defendants renoticed Doe's deposition for February 15, 2023. This notice was electronically served on her counsel of record. (Lakhman Decl. Ex. 4.) On February 10, defense counsel followed up with a Zoom link for the deposition (which was to be conducted ...

Excerpt: ...this portion of his claim. For the reasons set forth below, the motion is GRANTED. PRELIMINARY MATTERS Because the evidence objected to is immaterial to the Court's ruling, the Court declines to rule on the parties' evidentiary objections. However, the Court must comment on Disney's “Objections to Purported Evidence Submi tted by Plaintiff in Support of His Separate Statement of Undisputed Material Facts,” which are included in Disney's reply...

Excerpt: ...tice is submitted, a redline showing all changes, deletions an d 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 copies of Plaintiffs' pre -filing letters to the LWDA. 2. Please provide proof of service o f the original settlement papers on the LWDA. Paragraph V of the agreement requires Plaintiffs to serve the LWDA, but the proof of s...

Excerpt: ...led a statement that would file an amended answer by the hearing date. As of the day before the hearing, the Court has no record of the amended answer having been filed. The Court takes Defendant's failure to oppose the demurrer as a concession, and on that basis sustains the demurrer. Defendant shall file an amended answer by April 2, 2024. For a complete record, Defendant shall also file by April 2 its original answer as no such filing can be f...

Excerpt: ...ed, a redline version showing all changes, deletions and additions must be submitted as well. In addition, Plaintiff must provide proof of service of any revised settlement agreement and supplemental papers on the LWDA. 1. In a supplemental declaration, Plaintiffs' counsel Millay Kogan states tha t no depositions were taken. But the prior declaration of Plaintiffs' counsel Vincent Granberry says Plaintiffs' depositions were taken. (ROA 131, ¶ 12...

Excerpt: ...edline 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 copies of all PAGA notice letters sent by Plaintiff to the LWDA. 2. Per a notice of related cases, there are two cases in Los Angeles titled Garibaldo vs. Ware Disposal, Inc. that are related to this matter. How will this settlement affect the Gari...

Excerpt: ...is GRANTED. The Reeds are ordered to file and serve t he FAXC (Rubin Decl., Ex. A) by March 22, 2023. The Court finds no prejudice will result from consideration of Azadian's untimely opposition. GROUNDS FOR RULING A court “may, in the furtherance of justice . . . allow a party to amend any pleading.” (CCP § 473(a)(1).) “[C]ourts are bound to apply a policy of great liberality in permitting amendments to the complaint at any stage of the...

Excerpt: ...d on Defendant Beverly Mitchell; Request for Monetary Sanctions Against Beverly Mitchell in the Amount of $1,560.00 ROA 832 3. Plaintiff Zenith Insurance Company's Notice of Motion and Motion to Compel Responses to Requests for Productions, Set One Propounded on Defendant Beverly Mitchell; Request for Monetary Sanctions A gainst Def endant Beverly Mitchell in the Amount of $1,560.00 ROA 833 Zenith Insurance Company has filed three motions co...

Excerpt: ...dant argues this case should be stayed in favor Gates, an earlier -fil ed action also pending in this department. It argues first that the case should be abated and second that the Court should exercise its discretion to stay this case. I. Abatement Defendant's argument for abatement conflates two separate concepts: the plea in abatement and the rule of exclusive concurrent jurisdiction. The Court considers each in turn. A. Plea in Abatement �...

Excerpt: ...posed request for judicial notice is GRANTED. I. Background This case, file d in 2022, is a wage-and -hour class action involving the non- exempt employees of Herbalife Manufacturing, LLC. Suri Figueroa, the sole remaining plaintiff in the operative Second Amended Complaint (2AC), brings the following claims: (1) minimum wage violat ions, (2) overtime violations, (3) meal break violations, (4) rest break violations, (5) sick time violations, (6)...

Excerpt: ...tted, a redline showing all changes, deletions and addi tions must be submitted as well. In addition, Plaintiff must provide proof of service of any revised settlement agreement and supplemental papers on the LWDA. As to the Settlement: 1. Please provide a copy of Plaintiff's pre -filing letter to the LWDA. 2. Are the parties aware of any actions, whether individual, class, or PAGA (including in the pre -filing LWDA stage) that may be affected ...

Excerpt: ... is DENIED. EVIDENTIARY MATTERS The Court incorporates by refe rence the portion of its prior tentative ruling regarding Best Buy's evidentiary objections. The Court DENIES Best Buy's request for judicial notice (ROA 179) as unnecessary. GROUNDS FOR RULING While the Court originally sought further briefing and evidence on the issue of whether Best Buy's counsel actually received an invoice from AAA by email on September 7, 2023, the Court ultima...

Excerpt: ...D pending completion of arbitration. An arbitration review conference will take place in Department CX -101 on November 18, 2024 at 8:30 a.m. Because no prejudice will result from consideration of Plaintiff's untimely, overlong opposition papers, the Court has elected to consider them. EVIDENTIARY MATTERS I. Plaintiff's Initial Objections A. Monica Stombaugh 1. Overrule. 2. Sustain on foundation grounds to the extent she testifies Plaintiff sign...

Excerpt: ... move to seal the following exhibits to the decla ration of Yvette Golan: 1. Exhibit AN: an email from Chapman's disability services office to plaintiff Findlay Grant informing him of accommodations the school will provide in response to his January 2020 request. 2. Exhibit BN: an email from Chapman's pr esident Daniele Struppa to the Chapman community announcing a phased return to campus in October 2020. 3. Exhibit BP: an email from Struppa to t...

Excerpt: ...f the Eighth Cause of Action in Plaintiff's Complaint ROA 186 Before the Court are two dem urrers to the complaint of Plaintiff Glenn Knott, as well as a motion to strike. Defendants Albertsons Companies, Inc. and The Vons Companies, Inc. (collectively, “Vons”) demur to the class allegations in Knott's complaint on the ground that the class clai ms (but not Plaintiff's individual claims) are barred by a class settlement in an action file...

Excerpt: ...pondent California Coastal Commission (“Commission”) demurs to the first amended petition (FAP) of Petitioner Friends of Newport Harbor. The demurrer is apparently joined by Real Party in Interest City of Newport Beach. The City has already answered the FAP, and it identifies no authority permitting a party that has already filed an answer to join ano ther party's demurrer. However, because the City seeks no relief on its own behalf (askin...

Excerpt: ...y on the bond. Olen's unopposed request for judicial notice is GRANTED. Olen 's objections to TPG's evidence are OVERRULED. TPG's objections to the Declaration of John G. McClendon are SUSTAINED inasmuch as the entire Declaration is not relevant to the Court's ruling. I. BACKGROUND This lawsuit alleging CEQA and other violations and a second lawsuit alleging violations of certain CC&Rs stem from TPG's plans to build a 312 -apartment complex (the ...

Excerpt: ...n May 30, 2024 at 9:00 a.m. A joint status conference sta tement shall be filed on or before May 23, 2024. Defendant's unopposed request for judicial notice is GRANTED. I. Background As alleged in the complaints, Plaintiffs are tenants at apartment complexes in Santa Ana managed by Advanced Management Compan y. Plaintiffs allege the apartment complexes are subject to the Santa Ana Rent Stabilization and Just Cause Eviction Ordinance (“Ordinanc...

Excerpt: ... the contract under which JAS Pacific performed services for the City. (Evid. Code § 452(h).) In addition, JAS Pacific has attempted to introduce new evidence on reply. The Court has not considered this evidence. (See Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1538 [“The general rule of motion practice, which applies here, is that new evidence is not permitted with reply papers.”].) GROUNDS FOR RULING I. Background This is one of three r...

Excerpt: .... A joint status conference statement shall be filed on or before May 23, 2024. Defendant's unopposed request for judicial notice is GRANTED. I. Background As al leged in the complaints, Plaintiffs are tenants at apartment complexes in Santa Ana managed by Advanced Management Company. Plaintiffs allege the apartment complexes are subject to the Santa Ana Rent Stabilization and Just Cause Eviction Ordinance (“Ordinance,” codified at Santa An...

Excerpt: ...24 at 8:30 a.m. in Department CX-101. GROUNDS FOR RULING I. Background Plainti
¯ Þled this class action/PAGA lawsuit on December 29, 2022. On October 23, 2023, a Þrst amended complaint (FAC) was Þled per stipulation of the parties. The FAC also is a class action with a PAGA component. Despite these pleadings, Plainti
¯'s opposition to the motion to compel arbitration refers to his lawsuit as “PAGA- only action.” (Opp. p. 2) He makes no r...

Excerpt: ...st to compel arbitration. Plainti
¯'s individual claims and the individual portion of Plainti
¯'s PAGA claim are to be arbitrated on an individual basis. 2. The motion is DENIED WITHOUT PREJUDICE as to the request to dismiss the remainder of the action, i.e., the representative portion of Plainti
¯'s PAGA claim. This portion of the case is STAYED pending the resolution of Plainti
¯'s individual arbitration. An arbitration review conference wi...

Excerpt: ...tted, a redline version showing all changes, deletions and additions must be submitted as well. In addition, Plainti
¯ must provide proof of service of any revised settlement agreement and supplemental papers on the LWDA. Preliminary Matters Plainti
¯'s request for judicial notice (ROA 80) is GRANTED, but only as to the existence of the exhibits, not to the truth of anything asserted therein. (Evid. Code § 452(d).) As to the Settlement: 1. The...

Excerpt: .... In the alternative, Travelers moves for summary adjudication of each cause of action in LaBarre's Third Amended Cross-Complaint (3AXC). For the reasons set forth below, the motion for summary judgment is GRANTED. EVIDENTIARY MATTERS A. LaBarre's Objections to the Declarations of Shadie Maghareh and Shryl Anderson All objections are overruled. B. Travelers' Objections to the Declaration of Neal Bordenave Objections 1-5, 8-13, and 15-17 are overr...

Excerpt: .... In the alternative, Travelers moves for summary adjudication of each cause of action in LaBarre's Third Amended Cross-Complaint (3AXC). For the reasons set forth below, the motion for summary judgment is GRANTED. EVIDENTIARY MATTERS A. LaBarre's Objections to the Declarations of Shadie Maghareh and Shryl Anderson All objections are overruled. B. Travelers' Objections to the Declaration of Neal Bordenave Objections 1-5, 8-13, and 15-17 are overr...

Excerpt: ...im STAYED pending completion of the arbitration. An arbitration review conference will take place on September 30, 2024 at 8:30 a.m. in Department CX-IOI. Plaintiff's objections to the Declaration of Salah Ali are OVERRULED except for objection no. 1 which is SUSTAINED. Defendants' initial request for judicial notice is DENIED as these rulings are not relevant. Defendants' supplemental request for judicial notice is GRANTED. 1. BACKGROUND Plainti...

Excerpt: ...d their counsel of record, Charles Lew and The Lew Law Firm, jointly and severally, to pay monetary sanctions to Plaintiff, by January 29, 2024 in the amount of $5,600.80 for attorney's fees and costs associated with the arbitration and this moton. l. Background Pursuant to their arbitration agreement, the parties stipulated to arbitration on July 7, 2022 (ROA 17) and the Court ordered the case stayed on July 25, 2022 (ROA 23). Plaintiff filed he...

Excerpt: ... and additions must be submitted as well. In addition, Plaintiffs must provide proof of service of any revised settlement agreement and supporting papers on the LWDA. As to the Settlement: 1. The Court, as well as the settlement (S 7.1), requires declarations from Defendant and counsel to confirm whether there any other actions (class, individual, or PAGA, including PAGA achons in the pre-filing LWDA stage) that could be affected by this settleme...

Excerpt: ...prejudicial to a party's right to a fair trial. Townsend v. Gonzalez (1959) 150 Cal. App. 2d 241, 249-50. Significantly, a new trial cannot be granted unless it is established that the error was prejudicial, i.e„ the error must likely have affected the outcome of the trial. (See Cal. Const., art. VI, S 13 ("No judgment shall be set aside, or new trial granted, ... [forl the improper admission or rejection of evidence . . . unless, after an exam...

Excerpt: ... Valley Water District's ("District") objections to the Declaration of Stephen Johnson, and the Authority's objections to the Declarations of Timothy Parker and Charles Krieger as those declarations are not relevant to the Court's ruling. l. OVERVIEW This lawsuit and the related actions involve adjudication of various parties' rights to groundwater in the Indian Wells Valley Basin. Among the claims at issue in a number of the lawsuits is the vali...

Excerpt: ...Trustees of the Johns Living Trust, dated August 13, 2007, James R. Glidewell, Randy D. Bohart, Bonnie L. Bohart, and Joshua Merrell & Kimberly Merrell, Trustees of the Merrell Family Trust dated November 16, 2011 is SUSTAINED. The demurrer to the fourth cause of action for declaratory relief is OVERRULED based on the remaining controversies set forth in the second and third causes of action. The parties' unopposed requests for judicial notice ar...

Excerpt: ...elling Place Anaheim (the "Church") and (2) Individual Defendants Alan Scott, Kathryn Scott, Jeremy Riddle, Kate Riddle, Gregory Scherer, Banning Leibscher, and Julian Adams are SUSTAINED. At the hearing, Plaintiffs should be prepared to explain how they believe further amending of the lawsuit will result in a viable cause of acton. EVIDENTIARY RULINGS The Court makes the following rulings on Defendants' requests for judicial notice: Exs. 1-4. GR...

Excerpt: ...ionally lodged under seal at ROA 247, 248. Motion to Seal Factors A court may order a record to be filed under seal only if it expressly finds facts establishing: 1) There exists an overriding interest that overcomes the right of public access to the record; 2) The overriding interest supports sealing the record; 3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; 4) The proposed sealin...

Excerpt: ...of the above two cases pursuant to CCP S 1048(a) is GRANTED. All future filings in this litigation shall be filed under case no. 21-1186967, with the caption of all pleadings listing both cases. FACTUAL BACKGROUND These two cases arise from the construction of Plaintiff Kyle Reeves' home at 7210 West Oceanfront in Newport Beach. The basic underlying allegations are the same in both. Reeves submitted his construction plans to the City for design r...

Excerpt: ...Following a hearing on the issue of attorney's fees and costs, Judge Prager issued a final award on September 13, 2023. (Huston Decl [ROA 198] Decl. Ex. A.) Among other things, the Final Award states Plaintiffs sought, but were denied attorney's fees and costs associated with pre-arbitraton litigation of this action. (ld. at 2-4.) This ruling was based on the Arbitrator's finding that the attorney's fee provision in the applicable agreement was n...

Excerpt: ...f's PAGA claim and stay the representative component pending arbitration. The motion is GRANTED. An arbitration review conference will take place on July 29, 2024 at 8:30 a.m. EVIDENTIARY MATTERS OGC has filed a request for judicial notice. (ROA 55.) Because the document for which judicial notce is sought was filed in this action, the request is DENIED AS MOOT. "It is not necessary to ask the court to take judicial notice of materials previously ...

Excerpt: ...ce Ms. Christopher has no personal knowledge or foundation to state what was received by Defendants. 2. Factual Background and Conclusions On December 9, 2022, the Court granted Defendant's moton to compel arbitration of the individual portion of this PAGA case and staying the representative portion until completion of the arbitration. (ROA 119) Thereafter, Plaintiff initiated and served a Demand for Arbitration with AAA in January 2023. On Janua...

Excerpt: ... on Objection Nos. 1—3 to Plaintiff's evidence because the Court does not deem such evidence material to its disposition of the motion under CCP S437c(q). As to Objection Nos. 4—5, the objections are overruled as the evidence is not hearsay since it is not offered for the truth, but to the show Plaintiff's state of mind. II. Plaintiff's Objections to (1) Defendant's Reply Separate Statement (ROA 174); (2) Supplemental Avila Declaration (ROA 1...

Excerpt: ...a redline showing all changes, deletions and additions must be submitted as well. As to the Settlement: 1. The table of contents indicates 1.18 contains the definition for "Gross Settlement Amount," but the Settlement omits that paragraph. 2. Please provide 60 days, rather than 45, for opt-outs, objections, and workweek disputes. (Agr. 1.11, 6.1.) 3. Section 1.33 regarding "Released PAGA Claims" must be limited to those specific Labor Code violat...

Excerpt: ...mount of $317,500, nor do the settlement components set forth in the supplemental declaration add up to $250,000. 2. The amount of PAGA penalties allocated to the LWDA and to the aggrieved employees. Sections 13 and 19 of the Quintilone supplemental declaration appear to conflict on these amounts. 3. The amount of incentive payment Plaintiff seeks to receive. Is it $10,000 per Section 23 of the supplemental declaration, or is it $3,000 per Sectio...

Excerpt: ...or laws." (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 72.) The Court will approve the follow-ng distributions: 1. Attorneys' fees and litigation costs in the amount of $2,000 from the $30,000 allocated to settle the PAGA claim. This award is discussed more fully below. 2. Litigation costs in the amount of $4,000, representing the full amount sought. 3. Administration costs in the amount of $2,950, representing the full amount sought. 4. ...

Excerpt: ...iff Esther Alarcon Ruiz's second and third causes of action, for breach of the implied covenant and negligence. The demurrer to both counts is SUSTAINED WITH LEAVE TO AMEND. Any amended complaint must filed by December 15, 2023. Defendants' request for judicial notice is GRANTED. l. Background As alleged in the complaint, Plaintiff is a tenant at the Villa Del Sol Apartment complex in Santa Ana. The complex is owned by Advanced Group 94-55 and ma...

Excerpt: ... of $23,155.07, the full amount sought. 3. Administration costs in the amount of $25,000, per the administrator's declaration. 4. Enhancements of $5,000 to Carillo-Salazar and Alaniz. In making these awards, the Court has considered only the factors set forth in Golba v. Dick's Sporting Goods, Inc. (2015) 238 cal.App.4th 1251 and Clark v. Am. Residential servs. L C (2009) 175 cal.App.4th 785. Pursuant to CCP S 384(b), Plaintiffs shall submit to t...

Excerpt: ...ase of Abdelmalak v. Prime Healthcare Anaheim, LLC, San Bernardino SC No. CIVS82127232. The Court rules as follows: 1. The request to compel individual arbitration is GRANTED. Plaintiff is ordered to arbitrate the individual portion of her PAGA claim per the parties' agreement. 2. The request to stay the representative portion of Plaintiff's PAGA claim pending completion of Plaintiff's individual arbitration is GRANTED. 3. The request to stay the...

Excerpt: ...ties' requests for judicial notice are DENIED because the evidence at issue is immaterial to the Court's ruling. (See Jordache Enterprises, Inc. v. Phleger & Harrison (1998) 18 Cal.4th 739, 748 fn. 6 [declining to take judicial notice of materials not "necessary, helpful, or relevant"].) For the same reason, the Court has not considered WnG's evidentiary objections. l. Factual Background A. Procedural History This matter arises from work performe...

Excerpt: ...iolations, and UCL violations (only to the extent it is derivative of unreimbursed business expenses), and (2) Plaintiffs Vasquez and Fuentes De Dios's claim for wage statement violations. 2. The motions are DENIED as to all remaining claims for relief (including Ramirez's claim for UCL violations to the extent it is derivative of nan-reimbursement claims). 3. The motions are DENIED insofar as Defendant seeks dismissal of class claims. As a resul...

Excerpt: ...he parties' settlement over the course of four years—either the original settlement or the new settlement the parties agreed to after preliminary approval was first granted. To be clear, the number 16 is not a typo. Those hearings were as follows: 1. 11/15/2019: Preliminary Approval moton heard and CONTINUED. 2.01/10/2020: Preliminary Approval motion heard and CONTINUED. 3. 07/31/2020: Preliminary Approval motion heard and CONTINUED. 4. 09/01/2...

Excerpt: ...ated wage-and-hour actions involving Defendant's non-exempt employees. The others are Ramirez v. Premier Contractors, Inc., No. 23-01321365, and Vasquez v. Premier Contractors, Inc., No. 23- 01326481. This matter, the first-filed of the three, was originally one of two Cabrera cases: Plaintiff Cabrera brought both a class-only action and a PAGA-only action. Cabrera then dismissed his class claims in exchange for an individual settlement, leaving ...

Excerpt: ...IED IN PART as follows. 1. The motion for summary judgment is DENIED as to all Moving Parties. 2. The motion for summary adjudication of the first cause of action (breach of contract) is GRANTED as to Santa Valencia and DENIED as to the remaining Moving Parties. 3. The motion for summary adjudication of the second cause of action (common counts) is DENIED as to all Moving Parties. 4. The motion for summary adjudication of the third cause of actio...

Excerpt: ...The motion is GRANTED. An arbitration review conference will take place on June 11, 2024 at 8:30 a.m. in Department CX-IOI. The Court has not considered the evidence submitted with Defendants' reply. (See Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537 he general rule of motion practice, which applies here, is that new evidence is not permitted with reply papers."].) GROUNDS FOR RULING This is a PAGA-only action involving the employees of Defen...

Excerpt: ...e showing all changes, deletions and additions must be submitted as well. In addition, please ensure that any factual assertions made in supplemental briefing are supported by admissible evidence (e.g., declarations). 1. As noted previously, the class is defined in terms of employees of the "Released Parties," which principally consist of LCC, Stauffer and Meiji. The definition has amended to exclude their attorneys, but their insurers remain par...

Excerpt: ...notice is submitted, a redline showing all changes, deletions and additions must be submitted as well. As to the Settlement: 1. What is the relationship between the two defendants? 2. Defendant's LWDA letter appears to menton only IClean, not Experience. Have administrative remedies been exhausted as to Experience? If not, can the Court approve a release of PAGA claims against Experience? 3. Apart from the Sanchez matter, are there any other acti...

Excerpt: ...ration demand with the American Arbitration Association, Retired Judge Ronald S. Prager was chosen as arbitrator. (O'Hare Decl. 4.) Judge Prager conducted an evidentiary hearing in February and March 2023. (ld., '15.) In May 2023, he issued an interim award on the issues presented at the evidentiary hearing, reserving other issues for a final award. (ld., 6.) Following a hearing on the issue of attorney's fees and costs, Judge Prager issued a fin...

Excerpt: ... the Court concludes there is no prevailing party in this matter. As a result, the motion is GRANTED and Defendants' claimed costs are stricken. At the hearing, the parties should be prepared to discuss the effect of the Court's prevailing party determination on Providence's memorandum of costs, which was filed on October 12. l. Background Providence's underlying lawsuit largely sounded in defamation. In brief, it alleged that Lozamira, Inc. and ...

Excerpt: ...sons set forth the writ petition is GRANTED, and the request for declaratory relief is DENIED. l. Factual Background Ray is the owner of a single-family residence at 337 Hawthorne Road in the City. The property is listed on the City's historic register as a C-rated structure. (AR14.) C-rated structures are "structures which contribute to the overall historic characteristic of the but are not unique or distinctive; however, these properties are st...

Excerpt: ...tion is GRANTED. An arbitration review conference will take place on June 26, 2024 at 8:30 a.m. On its own motion, the Court takes notice of the record in Estrada v. Magnit, LLC, No. 23-01320695 (the "Class Action"). Plaintiff's sole evidentiary objection is OVERRULED. l. Existence of Agreement to Arbitrate The Court has already considered the exact arbitration agreement at issue. In the Class Action, the Court concluded that Defendants had prove...

Excerpt: ...r, to stay this action pending the resolution of Cruz v. Nike Retail Services, Inc. (S.D.Cal. No. 3:23-cv-00874) (the "Federal Acton"). For the reasons set forth below, Defendant's demurrer is OVERRULED, but the motion to stay is GRANTED. This case is stayed pending resolution of the Federal Acton. A status conference shall take place on April 22, 2024 at 9:00 a.m. The parties shall file a joint status conference statement no later than April 15,...

Excerpt: ...D. I. Motion to Strike A. Disguised Demurrer As an initial matter, while the motion is captioned as one to strike and relies upon CCP S 435, CLI's pleadings challenge is actually a demurrer. CLI asks the Court to strike paragraphs 10 and 12-13 on the grounds that they are "irrelevant matter." But if these paragraphs are struck, the sole cause of action in the FAXC—breach of contract— would fail. These are the paragraphs that plead CLI's alleg...

Excerpt: ...128.7. Mr. Pennington should be prepared to address this issue at the hearing of this motion. PRELIMINARY MATTERS l. Defendant's Request for Judicial Notice (ROA 21) Defendant seeks judicial notice of five items. Plaintiff Jordan Nutter objects to items 3 and 4. Because Plaintiff does not object to notice of items 1, 2, and 5, the Court GRANTS notice of those items. As to items 3, notice is DENIED because Defendant seeks to have the Court take ju...

Excerpt: ...r respects. II. Hoffman's Evidentiary Objections CRC 3.1354(b)(3) requires evidentiary objections to "[q]uote or set forth the objectionable statement or material." Hoffman's objections cite objectionable deposition testimony by page and line number, but they do not quote or set forth the objectionable material. The Court DECLINES TO CONSIDER these objections for noncompliance with the Rules of Court. Ill. Hoffman's Reply Evidence With his reply,...

Excerpt: ...ordered to file and serve the 2AC by no later than October 20, 2023. l. Moton for Reconsideration Defendant Walt Disney Parks & Resorts, Inc. (WDPR) contends this motion is an improper motion for reconsideration of the Court's ruling on WDPR's moton for summary adjudication. The Court disagrees. In the MSA ruling, the Court held that Vosko's FAC was limited to the allegation that he was retaliated against when WDPR terminated him for complaining ...

Excerpt: ...complaint can be amended to avoid the preemption doctrine discussed below, it is inclined to grant the demurrer WITHOUT LEAVE TO AMEND. As a result of this ruling, Crocano's motion to compel further discovery responses is DENIED AS MOOT. The parties' requests for judicial notice are DENIED. (See Jordache Enterprises, Inc. v. Brobeck, Phleger & Harrison (1998) 18 Cal.4th 739, 748 fn. 6 [declining to take judicial notice of materials not "necessary...

Excerpt: ...8:23-cv-00610-DOC-JDE). Petitioner's moton is DENIED. l. Stay of City Case After this moton was filed, the United States Army Corps of Engineers—Real Party in Interest in the City Case—removed the City Case to federal court. Because this Court no longer has jurisdiction overthe City Case, the request to stay the City Case is denied. II. Stay of Commission Case The Commission Case, Corps Case and City Case all involve permits issued as part of...

Excerpt: ...e. By no later than October 20, 2023, the parties are ordered to file supplemental cross-briefs of no longer than five pages addressing the following issue. No responses to the cross-briefs will be permitted. Given this briefing schedule, the parties are ordered to appear at the October 6, 2023 either in person or via Zoom to discuss the upcoming trial date. Issue for Further Briefing Plaintiff's complaint in this matter attaches a one-page docum...

Excerpt: ...y file a motion to tax costs. Defendants have filed such a memorandum, and plaintiff Providence Capital Funding, Inc. has filed a motion to tax costs. The request for costs will be considered in connection with Providence's motion. l. Basis for Attorney Fee Request Lozamira and Maria Miramontes seek attorney fees pursuant to Civil Code S 1717(a), which provides: "In any action on a contract, where the contract specifically provides that attorney'...

Excerpt: ...lly Appearing Defendant Sofregen Medical Inc.'s Notice of Motion and Motion to Quash Service of Summons ROA 83 DEFENDANTS ABBVIE, INC. ET AL'S MOTION TO QUASH The Court has reviewed the supplemental briefing filed by the parties. Defendants AbbVie, Inc., Allergan USA, Inc., Allergan Sales, LLC, and Allergan, Inc.'s (collectively, the "Allergan Defendants") motion to quash service of summons is GRANTED. l. Standard of Review California courts may ...

Excerpt: ...s of the first amended complaint. For the reasons set forth below, the demurrer is SUSTAINED WITHOUT LEAVE TO AMEND. The motion to strike is therefore DENIED AS MOOT. Defendants' unopposed request for judicial notice of documents filed in Wyatt v. Orange County Courier Logistics, LLLP, No. 17-00937565, is GRANTED. l. Procedural History This is Defendants' second challenge to SCL's pleadings. The Court previously sustained Defendants' demurrer to ...

Excerpt: ...e three companies headed by Hootan Ataian, who is their chief executive officer. (ROA 309 1.) PSC performs build-outs and remodels of commercial and residential properties, PDC fabricates and installs countertops, and PSDC manages the sales of countertops. (ld., '1 2.) Employment records produced in discovery reflect that Viramontes was formally employed by PDC, Vaquerano was formally employed by PDC and PSDC, Castro was formally employed by PSDC...

Excerpt: ... Boudreaux. (The Court's docket does not reflect the filing of a joinder by Defendant Sofregen Medical, Inc.) This motion is CONDITIONALLY GRANTED provided the Allergan Defendants stipulate to make available to the Louisiana courts their current and former employees who are California residents, as well as any documents maintained in California. (See Stangvik v. Shiley Inc. (1991) 54 Cal.3d 744, 758.) Assuming the Allergan Defendants agree to thi...

Excerpt: ...ed under seal only if it expressly finds facts establishing: 1. There exists an overriding interest that overcomes the right of public access to the record; 2. The overriding interest supports sealing the record; 3. A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; 4. The sealing is narrowly tailored; and 5. No less restrictive means exist to achieve the overriding interest. (Cal. Rules ...

Excerpt: ... the material objected to does not affect the ruling. l. Background SBCTA intends to construct a project referred to as the Interstate 215 and university Parkway Interchange Improvement Project ("Project"). The Project will replace the current University Parkway interchange with a design that accommodates projected growth in both regional population and enrollment at California State University, San Bernardino. This achon concerns a property owne...

Excerpt: ...Superior Court (2020) 9 Cal.5th 279.) As a result, Zenith's claims may be tried to a jury only if there is a right to a jury trial for IFPA claims. under State ex rel. Rapier v. Encino Hospital Medical Center (2022) 87 Cal.App.5th 811, there is not. "The foremost consideration" for jury trial purposes "is whether the IFPA's remedies are equitable in nature." (ld., at p. 836.) Examining the language of the IFPA and the Legislature's intent in enac...

Excerpt: ...ts Alan Scott, Kathryn Scott, Jeremy Riddle, Katie Riddle, Gregory Scherer, Banning Leibscher, and Julian Adams are SUSTAINED WITH LEAVE TO AMEND. Any amended pleading must be filed by September 21, 2023. Defendants' requests for judicial notice are DENIED on the ground that the material at issue is immaterial to the Court's ruling on these demurrers. l. Factual Background The complaint is lengthy and detailed. The Court summarizes pertinent alle...

Excerpt: ...reto, both of which were previously filed in federal court. (See ROA 260, at p. 3, '1 6.) The Reeds are ordered to file their cross- complaint, and Azadian is ordered to file his answer thereto, by September 15, 2023. l. Background Azadian owns a property on Kings Road in the City. His property is traversed by a sewer easement held by the City. The lateral sewer line in the easement is roughly 70 years old, and Azadian alleges it is corroded and ...

Excerpt: ...No. 21-01237766, and Valencia v. Priority Workforce, No. 22-01244163. The Court will address both motions in a single order. These cases are overlapping wage-and-hour class actions. In both cases, defendants Priority Workforce, Inc. and Fresh Grill, LLC stipulated with the respective plaintiffs, Quetzally Sanchez and Maria Valencia, to dismiss their class claims, arbitrate their claims on an individual basis, and stay proceedings. Sanchez and Val...

Excerpt: ...ndants Priority Workforce, Inc. and Fresh Grill, LLC stipulated with the respective plaintiffs, Quetzally Sanchez and Maria Valencia, to dismiss their class claims, arbitrate their claims on an individual basis, and stay proceedings. Sanchez and Valencia responded by filing four separate demands for arbitration: each plaintiff filed a FEHA demand and a wage-and-hour demand. Each wage-and-hour demand simply attaches the operative class complaint i...

Excerpt: ...pondent City of Laguna Beach, and Real Party in Interest (RPI) 1902 Ocean Way, LLC. The City and RPI elected to file a joint supplemental brief. Upon review of all filings related to Petitioners' motion for a preliminary injunction, the motion is DENIED. I. Factual and Statutory Background This is a CEQA challenge to the City's adoption of its new Historic Resources Element, part of its overall updated Historic Preservation Program. As described ...

Excerpt: ...entative portion of that claim is stayed pending completion of arbitration. Plaintiff's evidentiary objections are OVERRULED. At the hearing, the parties should be prepared to discuss whether the companion class action, No. 22-01259919, must be stayed under CCP § 1281.4. An arbitration review conference is scheduled for April 30, 2024 at 8:30 a.m. in Department CX-101. GROUNDS FOR RULING I. Prior Briefing Defendants moved to compel individual ar...

Excerpt: ...discussed in Uribe v. Crown Building Maintenance Co. (2021) 70 Cal.App.5th 986, Uribe's 2016 pre-filing letter to the LWDA did not exhaust administrative remedies regarding cell phone reimbursement. As a result, the Court of Appeal overturned Judge Sanders' approval of the parties' PAGA settlement, which had the effect of nullifying the entire settlement agreement. Uribe filed an amended letter with the LWDA on June 24, 2022. (Alizadeh Decl., Ex....

Excerpt: ...ial notice is GRANTED. On its own motion, the Court will take judicial notice of its dismissal order in Plaintiff's related class action, i.e., Cabrera v. Premier Contractors, Inc., 22-01268395. (Evid. Code § 455(a).) 2. Background Currently this is a PAGA-only matter involving the non-exempt employees of Defendant, a construction company that employed Plaintiff Cabrera as a drywall installer. Per the operative complaint (ROA 2), the predicate L...

Excerpt: ...mitted, a redline showing all changes, deletions and additions must be submitted as well. Preliminarily, the moving papers were not accompanied by declarations attesting to any of the factual claims made in the moving papers or authenticating the documents attached to the moving papers. The Court cannot make the factual findings necessary for preliminary approval without admissible evidence. (This includes not only the additional information requ...

Excerpt: ...ail on the merits of its case at trial, and (2) the interim harm that the plaintiff is likely to sustain if the injunction is denied as compared to the harm that the defendant is likely to suffer if the court grants a preliminary injunction.'” (Take Me Home Rescue v. Luri (2012) 208 Cal.App.4th 1342, 1350.) The party seeking injunctive relief bears the burden of proof. (O'Connell v. Superior Court (2006) 141 Cal.App.4th 1452, 1481.) The first e...

Excerpt: ...ecause Plaintiff has not had an opportunity to address the evidence that Magnit is the successor by merger to Pro Unlimited, Inc., the Court, upon the request of Plaintiff, will continue the motion to September 15, 2023 at 9:00 a.m. in Department CX104 to allow Plaintiff to file the supplemental brief discussed below regarding the relationship between Magnit and PRO Unlimited, Inc. The supplemental brief, which should be limited to this single is...

Excerpt: ...ed wrongful retention of premiums charged during the COVID-19 pandemic, when miles driven plummeted, but Mercury charged rates (previously approved by the Insurance Commissioner) based on pre- pandemic driving levels. (CC ¶ 2.) In 2020, Mercury refunded a portion of those premiums through billing credits at the direction of the Commissioner. (CC ¶¶ 9-12.) In a March 2021 bulletin, the Commissioner directed California automobile insurers to ref...

Excerpt: ...nd structural engineering services for the project. Eidelstein contends the project was defectively constructed in various ways, and he has brought suit against several parties involved in the construction. As against Desai, he brings claims for breach of contract (the fourth cause of action) and professional negligence (the fifth cause of action). Desai demurs to the negligence claim. Desai's argument is straightforward. Eidelstein's negligence ...

Excerpt: ...er CCP § 1032. Recoverable costs are set forth in CCP § 1033.5, which defines allowable, non-allowable and discretionary costs. (Id., § 1033.5(a), (b), (c)(4).) Allowable and discretionary costs may be recovered only if “reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation.” (Id., § 1033.5(c); see also Ladas v. California State Auto Assn. (1993) 19 Cal.App.4th 761, 774.) Othe...

Excerpt: ...from the prior denial of their motion for leave to file a Third Amended Complaint (3AC), and (2) the County Defendants' demurrer to Plaintiffs' 2AC. The Court denied the § 473 motion and largely sustained the demurrer without leave to amend. (A single claim for battery remains.) The proposed order filed with the moving papers refers to “[t]he motion of Plaintiffs for an order requesting reconsideration from the Court's order of June 23, 2023 a...

Excerpt: ...elow, the motion is GRANTED as to special interrogatories 2-11 and 14 and otherwise DENIED. Plaintiff's request for sanctions is DENIED. GROUNDS FOR RULING I. SIs 1, 23-24, 26 KVS's responses to 1, 23-24, and 26 all close by saying that KVS has no aggrieved employees. This would ordinarily be an improper response, but Plaintiff's definition of “aggrieved employees” isn't along the ordinary lines of “all non-exempt employees.” Per the inst...

Excerpt: ..., LLC. In the alternative, Travelers moves for summary adjudication of each cause of action in LaBarre's Second Amended Cross-Complaint (2AXC). For the reasons set forth below, the motion is DENIED. EVIDENTIARY MATTERS A. LaBarre's Objections to Travelers' Evidence All objections are overruled. B. LaBarre's Objections to Travelers' Separate Statement Objections are properly raised to evidence, not facts in a separate statement. Objections cannot ...

Excerpt: ...seek a stay of this action based on (1) a plea in abatement, (2) the rule of exclusive concurrent jurisdiction, and (3) the Court's inherent power. They also argue Knott fails to plead facts sufficient to state a PAGA claim insofar as his PAGA claim is based on alleged violation of the Equal Pay Act. Defendant Kevin Curry contends Knott fails to state facts sufficient to constitute a cause of action against him, both because Knott does not plead ...

Excerpt: ...2023. If a revised settlement agreement and/or class notice is submitted, a redline showing all changes, deletions and additions must be submitted as well. In addition, Plaintiffs must provide proof of service of any revised settlement agreement and supporting papers on the LWDA. As to the Settlement: 1. The Court understands the parties' desire to adjust the class period to more closely correspond to their expectations when they originally reach...

Excerpt: ...is individual claims are ordered to arbitration per the parties' arbitration agreement. 2. Subject to the parties' stated positions at the hearing, the motion is CONTINUED as to the tenth cause of action (PAGA) to permit the filing of supplemental briefing discussed below. The Court proposes on its own motion to take notice of the docket in U Gym LLC v. Adzoh, No. 23-01327768. I. Terms of Agreement The purported arbitration agreement is attached ...

Excerpt: ...o such analysis was provided to the Court in connection with the approval motion in 2018, and, apart from a PAGA analysis of the potential cell phone penalties, no such analysis is provided with the current motion. Among other things, there is no indication of what value is placed on the settlement of the reimbursement claims involving uniforms/shoes, nor is there any valuation of the derivative claims that are part of the settlement. Presumably,...

Excerpt: ... (SCL). They also move to strike portions of the first amended complaint. For the reasons set forth below, the demurrer is SUSTAINED WITH LEAVE TO AMEND. The motion to strike is therefore DENIED AS MOOT. Any amended complaint must be filed by July 17, 2023. Defendants' unopposed request for judicial notice of documents filed in Wyatt v. Orange County Courier Logistics, LLLP, No. 17-00937665, is GRANTED. I. Factual Background The following backgro...