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: ... (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...

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: ... Jondo LTD and Its Counsel of Record, Jackson Lewis P.C. ROA 35 Plaintiff Jesus Martinez moves to compel further responses to his first set of requests for admission (RFAs) and first set of special interrogatories (SIs) to Defendant Jondo Ltd. He also seeks a total of $9,232.50 in sanctions on the two motions, entered jointly and severally against Defendant and its counsel of record, Jackson Lewis, P.C. The Court rules as follows: 1. The request ...

Excerpt: ...s to rule on the parties' other objections. (CCP § 437c(q).) GROUNDS FOR RULING I. Background The plaintiffs in this case are the Prime Hospitals, which operate hospitals in Orange County. CalOptima administers health insurance programs for numerous Orange County residents. As relevant here, this includes residents who receive health insurance through Medi-Cal and Medicare. CalOptima has entered into contracts with each of the Prime Hospitals. U...

Excerpt: ...y or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. . . . Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his ...

Excerpt: ... 8 of the notice of motion and otherwise denied. Any amended complaint must be filed by July 3, 2023. The Court has not considered Plaintiff's citation to unpublished decisions of the California Superior Courts. “[A] written trial court ruling has no precedential value.” (Santa Ana Hospital Medical Center v. Belshe (1997) 56 Cal.App.4th 819, 831.) I. Standard of Review A party may move to strike “any irrelevant, false, or improper matter in...

Excerpt: ...est for judicial notice is GRANTED as to Exhibits A and G and otherwise DENIED. I. Background As alleged in the FAC, and taken as true for purposes of demurrer: Trividia manufactures glucose test strips used by persons with diabetes. During manufacture, the test strips are supposed to be sealed in vials to protect them from heat and moisture exposure. If the strips are exposed to air before they are opened for use, they can return incorrect resul...

Excerpt: ... II Association's underlying claims. This motion is DENIED. However, in the event that Travelers' pending motion for summary judgment against LaBarre is denied, then, for the reasons set forth below, the Court will reconsider this motion. At the hearing, the parties should be prepared to discuss a new hearing date for Travelers Casualty Insurance Company of America's motion for summary judgment on the operative 2AXC, as well as a new trial date. ...

Excerpt: ...unsel's prior declaration (ROA 177), Bose's $333,000 individual settlement was 53% of the overall maximum potential value (including his wrongful termination claims). Applying that 53% ratio to the wage-and-hour maximum value means Bose settled his individual wage-and-hour claims for $145,879.11. Assuming 544 class members, and accounting for all proposed deductions from the GSA, individual class members will receive an average of $361.29 to sett...

Excerpt: ...th a few tweaks. For example, and without limitation:  While the moving papers define “PAGA Members” and a “PAGA Period,” neither of these terms is defined in the agreement itself (i.e., the contract that binds the parties and that the administrator will implement).  The agreement provides for payment of a “reasonable amount” to the administrator, effectively asking the Court to write a blank check for administrative costs.  ...

Excerpt: ... punitive damages in the FAC is GRANTED. This is an unfair competition action. Defendants operate automotive fuel stations. They charge cash customers a lower price for fuel than credit customers. Plaintiff, on behalf of a putative class, contends Defendants' practices for posting prices at the pump are deceptive. (That is, Plaintiff does not challenge the “split price” system, only how Defendants post the prices at the pump.) He brings a cau...

Excerpt: ... Doe amendments. Plaintiff seeks to have the Court assess civil penalties against Dragna and Joutz individually as “other person[s] acting on behalf of an employer.” (Lab. Code § 558(a); see also Atempa v. Pedrazzani (2018) 27 Cal.App.5th 809 [plaintiff in PAGA matter may recover civil penalties against individuals under § 558(a)].) Dragna and Joutz were not named in any of Plaintiff's three pre-filing letters to the LWDA. They argue that b...

Excerpt: ...0 a.m. in Department CX104 to permit the parties to respond to the following items of concern. Any supplemental briefing shall be filed on or before July 18, 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 S...

Excerpt: ... and Uribe's was filed in Orange County. The cases were litigated separately. Crown and Uribe eventually agreed to a settlement that would encompass all of Garibay's claims. In order to oppose Uribe's settlement, Garibay moved to intervene in Uribe's case. Judge Sanders granted Garibay's motion to intervene, and Garibay formally opposed Uribe's approval motion. After Judge Sanders granted preliminary approval, Garibay opted out of the class porti...

Excerpt: ... signed the arbitration agreement. It is otherwise OVERRULED. In this wage-and-hour class action, Defendants seek to compel arbitration of Plaintiff's claims and stay the case pending completion of arbitration. Plaintiff argues Defendants have not proven the existence of an agreement, and even if they have, the agreement is unconscionable. The Court need only address the first question. Standard of Review The moving party always bears the burden ...

Excerpt: ...in defending against this motion is also DENIED. The Prime Hospitals seek sanctions under CCP S 128.7 for CalOptima's filing of its summary judgment/adjudication motion based on Government Claims Act noncompliance. The Court denied CalOptima's motion on May 26, 2023. (ROA 994.) The Prime Hospitals electronically served the moving papers on CalOptima on April 13, 2023. (ROA 947, II 27.) They filed the motion on May 10, 2023. This complies with the...

Excerpt: ... a new trial is GRANTED IN PART pursuant to CCP 657. The Court hereby modifies its March 20, 2023 ruling granting summary judgment by striking Section ("Direct Negligence"). The April 5, 2023 judgment in favor of Travelers and referencing the March 20, 2023 is vacated, and Travelers shall prepare a new judgment in light of the ruling on the present motion. EVIDENTIARY MATTERS LaBarre's two unopposed requests for judicial notice of documents filed...

Excerpt: ...368 4. Status Conference MOTION FOR LEAVE TO AMEND Plaintiff Maren S. Miller's motion for leave to file a Fifth Amended Complaint (5AC) is DENIED. Relevant Background This is a products liability action sounding in failure to warn. Plaintiff took Korlym, a drug manufactured by defendant Corcept Therapeutics Incorporated, to manage her symptoms from Cushing's disease. Plaintiff contends her Korlym use caused endometrial hypertrophy, polycystic ova...

Excerpt: ... Jay Prasad's Notice of Motion and Motion to Strike Portions of Hagin Enterprises' Third Amended Cross-complaint ROA 356 3. Cross-Defendant Commercial Bank of California's Notice of Motion and Motion to Compel Arbitration ROA 350 Before the Court are three motions: 2 3 Commercial Bank of California's ("CBCal") motion to compel arbitration. Electronic Commerce, LLC and related parties' (collectively, "EC") demurrer to the Third Amended Cross-compl...

Excerpt: ...("CalOptima") brings two motions against Plaintiffs Prime Healthcare Services - Garden City, LLC et al. (the "Prime Hospitals"), a motion for summary judgment/adjudication and a motion for defense costs. MOTION FOR SUMMARY JUDGMENT OR ADJUDICATION CalOptima's motion for summary judgment or adjudication is DENIED. CalOptima's request for judicial notice is GRANTED. In addition, the Court proposes on its own motion to take judicial notice of the do...

Excerpt: ... In reviewing the sufficiency of a complaint against a demurrer for failure to state facts sufficient to state a cause of action, the Court is guided by long-settled rules. The Court "treat(s) the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law." (Serrano v. Priest (1971) 5 Cal.3d 584, 591.) "The complaint must be construed liberally by drawing reasonable inferences from the...

Excerpt: ...nt with a group of defendants referred to as the "Shea Parties." The Shea Parties apply for a good faith determination under CCP S 877.6. Another group of defendants, the "PKG Parties," moves to contest the good faith determination. For the reasons set forth below, the Court GRANTS the Shea Parties' application for a good faith settlement determination and DENIES the PKG Parties' motion. Terms of Settlement Per the application at ROA 228, the ter...

Excerpt: ...P S 1032. Recoverable costs are set forth in CCP S 1033.5, which defines allowable, non-allowable and discretionary costs. (ld., S 1033.5(a), (b), 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." (ld., S 1033.5(c); see also Ladas v. California State Auto Assn. (1 gg3) 19 Cal.App.4th 761, 774.) Other costs may also be r...

Excerpt: ...The Court rules as follows: 2 3 The motion is GRANTED as to the first nine causes of action in the FAC. Plaintiff is ordered to arbitrate these claims on an individual basis. The motion is GRANTED as to the request to dismiss Plaintiff's class claims. The motion is DENIED insofar as Defendant seeks to compel arbitration of Plaintiff's individual PAGA claim. Instead, the PAGA claim will be stayed in its entirety (both individual and representative...

Excerpt: ...nt is DENIED. 2 Summary adjudication is GRANTED as to issues 1 and 4 in the notice of motion, DENIED as to issues 2, 3, and 6 in the notice of motion, and DENIED AS MOOT as to issue 5 in the notice of motion. 3. Summary adjudication is also DENIED as to Plaintiff's PAGA claim, an issue not listed in the notice of motion but raised in the memorandum of points and authorities. Defendant's objection to Plaintiff's deposition testimony (see Reply at ...

Excerpt: ...d, a redline 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 supporting papers on the LWDA. As to the Settlement: 5. 6. 7. 8. Are there any other actions (class, individual, or PACA, including PAGA actions in the pre-filing LWDA stage) that could be affected by this settlement? The class and PAGA periods extend through preliminary ...

Excerpt: ...D. Procedural Background Before addressing the merits, the Court describes the procedural history of this matter, which is relevant to the Court's rulings. The second page of the 2AC states: "This [case] includes the state claims (and not the Federal Claims) of Moon, et al. v. County of Orange, Case No. 8: 19-cv-00258-JVS-DFM, dismissed not on the merits." The federal case began as an ADA action filed by Moon against the County. Moon then filed a...

Excerpt: ...dants City of Newport Beach and Samir Ghosn, is GRANTED. Plaintiff Kyle Reeves may not take Smith's deposition until the expiration of the stay in Reeves II. Background This is the third case arising from the construction of Reeves' home in Newport Beach. Briefly, Reeves' City-approved construction plans had a third-floor loggia open to the weather. Reeves enclosed the loggia with windows and doors, and the City refused to issue a certificate of ...

Excerpt: ...nc., Aston Carter, Inc., and Actalent, Inc. Defendants' demurrer to the FAC is OVERRULED. Background As alleged in the FAC, and taken as true for purposes of demurrer: Golledge and Fibus are the founders of Jobot, a staffing/recruitment firm. They are also officers of the company. Plaintiffs are all direct or indirect subsidiaries of non-party Allegis Group, Inc., a competing staffing/recruitment company. Allegis is structured such that its subsi...

Excerpt: ...are represented by the Callahan & Blaine firm) move for the entry of sanctions against Plaintiffs Floyd Chodosh, Sue Eicherly, Myrle Moore, Ole Haugen, Todd Peterson, and Rodger Kane, Jr., as well as their counsel of record, Patrick J. Evans. The motion is brought pursuant to both CCP § 128.5 and CCP § 128.7(c)- (d). For the reasons set forth below, the Court rules as follows: 1. Defendant PBPA, which was not named as a moving party in the noti...

Excerpt: ...nc.; Allergan Sales, LLC; and Allergan, Inc. ("AbbVie Defendants"). The second is filed by Defendant Sofregen Medical, Inc. The Court will CONTINUE both motions for Plaintiff to take jurisdictional discovery. The record reflects that Plaintiff served special interrogatories and requests for production on both Sofregen and the AbbVie Defendants, and that on March 20 and 21, 2023, Sofregen and the AbbVie Defendants served objection-only responses t...

Excerpt: ...judicial notice is granted. OCTC has filed evidentiary objections. The Court overrules objections 1-3, 6 and sustains objections 4-5. On March 23, 2023, the day before the continued hearing on this motion for summary judgment, Plaintiff ARC Retail 1, LLC lodged a 21-page report prepared by its so-called "liability expert." This late, unauthorized submission has not been considered by the Court. GROUNDS FOR RULING Allegations of Second Amended Com...

Excerpt: ... (including the individual portion of her PAGA claim), to dismiss her class claims, to dismiss the representative portion of her PAGA claim, and to stay the case pending completion of arbitration. In the alternative to dismissal, Defendant asks that the representative portion of Plaintiff's PAGA claim be stayed pending completion of arbitration. For the reasons set forth below, the motion to compel arbitration is GRANTED. Plaintiff is to arbitrat...

Excerpt: ...ssues. The motion for summary judgment is DENIED. As to the motion for summary adjudication: 1. Summary adjudication is DENIED as to issues 1, 3, 6, and 7. 2. Summary adjudication is GRANTED as to issues 2, 4, and 5. The result of this ruling is that Vosko's waiting time, wage statement, and reimbursement claims fail, while his meal break, rest break, overtime, and retaliation claims survive, as does his prayer for punitive damages. PRELIMINARY M...

Excerpt: ...rk II Association. In the alternative, Travelers moves for summary adjudication of each cause of action in Sirco's FAC. For the reasons set forth below, the motion for summary judgment is GRANTED. EVIDENTIARY MATTERS A. La Barre's Objections Defendant LaBarre/Oksnee Insurance Agency, LLC has filed objections to Travelers' evidence in support of its motion. Travelers' motion is directed only at Sirco. Travelers seeks no relief via this motion agai...

Excerpt: ...he representative portion of Plaintiffs' PAGA claim. The motion is GRANTED IN PART and DENIED IN PART as set forth below. At the hearing, the parties should be prepared to discuss how to move forward in the case (e.g., by staying proceedings in this Court in favor of arbitration or vice versa). EVIDENTIARY MATTERS I. Evidentiary Objections The Court rules on Plaintiffs' evidentiary objections as follows: Objection 1: Overruled. Objection 2: Overr...

Excerpt: ... incurred since Seghal tendered defense of Plaintiffs' underlying claims to MKU. For the reasons set forth below, the motion is GRANTED as to both issues. I. Objections in Responsive Separate Statement MKU's responsive separate statement contains numerous objections in the responses to Seghal's undisputed facts. Evidentiary objections belong in separately filed objections, not responsive separate statements. The Court has disregarded all objectio...

Excerpt: ... of attorneys' fees. With one exception, both sides' motions are DENIED in their entirety. As to all parties except Kathleen Schowalter, the Court finds there is no prevailing party in this action. As to Schowalter, the Court finds the Palm Beach Park Association is the prevailing party for purposes of a fee award. If the Association wishes the Court to enter a fee award against Schowalter, it is to file a noticed motion to set the amount by Marc...

Excerpt: ...ive request for summary adjudication. PRELIMINARY MATTERS I. Judicial Notice Cla-Val seeks judicial notice of court records and various DTSC documents. (ROA 484.) The documents all appear to be proper subjects of notice under Evid. Code § 452(c) and (d). There are no objections. The request is GRANTED. II. Evidentiary Objections A. Fawaz Declaration Cla-Val has filed objections (ROA 518) to the Fawaz Declaration (ROA 500). The Court rules as fol...

Excerpt: ...The Court has reviewed the Morrison Declaration in support of the motion. The Court finds it contains all information necessary to satisfy CRC 3.1324(b). Cross-Defendants offer several reasons they believe Cross-Complainants have not complied with CRC 3.1324(b). None is availing. First, Cross-Defendants argue the claim of “newly discovered facts” is hollow because the underlying conduct has been at issue in every cross-complaint going back to...

Excerpt: ...2AC) of Plaintiff Spotted Shield LLC: 1. Defendants' demurrer is OVERRULED. 2. Defendants' motion to strike is DENIED in part and GRANTED in part. I. Demurrer A. Background The demurrer concerns the fourth cause of action for fraud, brought against Ponder alone. Ponder is the owner and managing member of EC. (2AC, ¶ 3.) As alleged in the 2AC: Spotted Shield and EC were parties to a Merchant Processing Agreement. The Agreement states, “[EC] wil...

Excerpt: ...ded complaint must be filed on or before March 6, 2023. PRELIMINARY CONSIDERATIONS Meet and Confer CCP § 430.41 requires a defendant to meet and confer before filing a demurrer. There is no indication Mercury did so—neither a declaration to that effect (as required by statute) nor even an unsworn statement in the demurrer papers. Mercury is advised to follow this statutory requirement in the future. Judicial Notice Both sides have filed reques...

Excerpt: ...laint (FAXC) of Gary L. Jarvis and Care West Insurance Risk Management, LLC is SUSTAINED WITHOUT LEAVE TO AMEND. Admiral's motion to strike is DENIED AS MOOT. Cross-Complainants' original cross-complaint brought two contract claims and a bad faith claim against Admiral. The Court sustained Admiral's demurrer with leave to amend. The FAXC abandons the contract claims, bringing only a bad faith claim. The Court held Cross-Complainants' original bad...

Excerpt: ...t affect any other aspect of these consolidated matters. The parties should be prepared to discuss the effect of this stay on the other related cases at the January 25, 2023 status conference. I. Background This matter arises from the aborted construction of a pharmaceutical manufacturing facility (“Project”). LCS Constructors, Inc. is a construction contractor. It had a prior relationship with Alliance Medical Products, Inc., a pharmaceutica...

Excerpt: ...tatus conference. The January 24, 2023 case management conference is off calendar. The Court DENIES RTI's request for judicial notice because it is irrelevant to this ruling. (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, helpful, or relevant”].) GROUNDS FOR RULING This is a PAGA action involving RTI's alleged violations of Labor C...

Excerpt: ...re no state law claims. The allegations in the underlying Muha (21-01233648) and Grabner (21-1233482) actions are identical. All plaintiffs (Muha, Chaning Grabner and Debra Grabner) are residents of Milwaukee County, Wisconsin. Experian, a consumer reporting agency, is headquartered in Costa Mesa. As permitted by the FCRA, Plaintiffs made demands for their credit reports from Experian. (See 15 U.S.C. § 1681g(a).) The “Summary of Rights” port...

Excerpt: ...ncreased Authority and Setting of Mandatory Settlement Conference ROA 831 4. Cross-Defendant Haro Pool Plastering Corp.'s Joinder to Geotechnical Solutions, Inc.'s Motion to Continue Trial ROA 860 5. Defendant/Cross-Complainant Aquarius Investments, Inc.'s Joinder to Geotechnical Solutions, Inc.'s Motion to Continue Trial ROA 835 6. Defendant and Cross-Complainant Jay Sehgal and Rita Sehgal's Joinder to Geotechnical Solutions, Inc.'s Motion to Co...

Excerpt: ... as to the request to compel individual arbitration. 2. The motion is GRANTED as to the request to dismiss the class claims without prejudice. 3. The motion is DENIED WITHOUT PREJUDICE as to the request to dismiss the representative portion of Plaintiff's PAGA claim. This case is STAYED pending the resolution of Plaintiff's individual arbitration. An arbitration review conference will take place on September 18, 2023 at 8:30 a.m. EVIDENTIARY MATT...

Excerpt: ...ubpoena is GRANTED. Respondents Cal-Lawyer, APC and the Law Offices of Daniel J. Tripathi (Cal- Lawyer's predecessor-in-interest) are ordered to produce all documents responsive to Defendants' subpoenas by January 23, 2023. Based on Defendants' statements in their reply brief, their request for sanctions against Respondents is WITHDRAWN. Respondents' cross-request for sanctions is DENIED. Although Respondents' opposition papers were untimely file...

Excerpt: ...r summary judgment or adjudication on standing grounds. The Court granted in part and denied in part that motion. It held that while Plaintiffs may have lacked Article III standing to pursue their claims in federal court, Article III standing rules do not apply in California courts. The Court found Plaintiffs had standing to pursue their first and third causes of action in California courts, but lacked standing to pursue their second cause of act...

Excerpt: ...atter brought by Plaintiff against the Church and Doe 2. The following background is drawn from the allegations of the FAC, which are assumed to be true for purposes of this demurrer. A. Structure of the Church The Church is led by a President, whose office is a corporation sole (i.e., the defendant here). The President selects two advisors to serve as his counselors. Together, they function as the First Presidency, the governing body of the Chur...

Excerpt: ...lainant Geotechnical Solutions, Inc.'s Notice of Motion for Good Faith Settlement Determination 877 4. Defendant/Cross-Complainant Aquarius Investments, Inc.'s Joinder to Geotechnical Solutions, Inc.'s Motion to Contest Good Faith Settlement of Kriza Corporation ROA 792 5. Defendants Jay and Rita Sehgal's Joinder in Geotechnical Solutions, Inc.'s Motion to Contest Cross-Defendant Krizia Corp.'s Application for Determination of Good Faith Settleme...

Excerpt: .... 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 proceedings, up to and including trial.” (Magpali v. Farmers Group, Inc. (1996) 48 Cal.App.4th 471, 487.) But the policy of liberality does not apply “[w]here inexcusable delay and probable prejudice to the opposing party is shown.” (Estate of Murphy (1978) 82...

Excerpt: ...gs on the complaint of plaintiffs Matthew Manning, Jr., Kaeyln Manning, Julia Manning, and Paige Manning (through her guardian ad litem, Erica Mitchell). The motion is DENIED. Defendants' request for judicial notice is GRANTED. I. Background As explained in prior orders and judicially noticeable documents: This case arises from a 2014 automobile accident that resulted in the death of Matthew Manning, plaintiffs' father. In 2015, the Mannings file...

Excerpt: ...AMEND. 2. As to the Authority's motion to strike: a. The motion is DENIED as to allegations concerning the Annual Pumping Allocation, with the exception of Annual Pumping Allocation allegations in Mojave's CEQA claim, which is GRANTED. b. The motion is DENIED as to the reverse validation allegations. The Authority's request for judicial notice is GRANTED. Mojave's objections to the Keigwin Declaration are OVERRULED. GROUNDS FOR DEMURRER RULING I....

Excerpt: ... individual arbitration. An arbitration review conference will take place on August 7, 2023 at 8:30 a.m. in Department CX-104. EVIDENTIARY OBJECTIONS Plaintiff objects to portions of the Santiago Declaration (ROA 62). The Court rules as follows: Objections 1, 4, 5, 8, 10: Sustained. Objections 2, 7, 11: Overruled. Objection 3: Sustained to the extent Santiago testifies about the documents Plaintiff actually received. Overruled to the extent Santi...

Excerpt: ...APC. For the reasons set forth below, the motion is GRANTED. The Court enters the following sanctions: 1. This action will be dismissed with prejudice. 2. Plaintiffs are ordered to pay Defendants $27,791.45 in sanctions. Of this amount, $23,607.45 is levied jointly and severally against Plaintiffs and their counsel. Defendants' two requests for judicial notice are GRANTED. I. Service and Filing Per a proof of service attached to the motion, the o...

Excerpt: ...e Court agreed with the Association that it had committed an error of law in its calculation of interest. Because this matter was tried to the Court instead of a jury, the Court exercised its power under CCP § 662 to modify the judgment rather than ordering a new trial. The motion was denied in all other respects. (ROA 2795) In the second motion, captioned a “Motion to Correct Clerical Error, to Vacate Judgment, and/or Motion for a New Trial,�...

Excerpt: ...fendant JA & Sons Community Care's Joinder to Defendant's Demurrer to Plaintiff's Complaint ROA 59 Defendants' demurrer to Plaintiff Jeissy Avila Ferreira's complaint is OVERRULED. Defendants shall file an answer to the complaint on or before January 4, 2023. REQUEST FOR JUDICIAL NOTICE Defendants' request for judicial notice is DENIED. Defendants seek notice of the articles of incorporation of Defendant ABN Resident Care, Inc. under Evid. Code �...

Excerpt: ...t (“REIR”) for the Project. For the reasons set forth below, the Court GRANTS the writ. I. BACKGROUND Bayside is the owner of 31.4 acres of property located at East Coast Highway in the City of Newport Beach, California between Newport Channel and Bayside Drive. (ROA 25, First Amended Verified Petition (Petition), ¶ 9; AR230.) Approximately 24 acres of Bayside's property are developed with mobile homes, and the remaining seven acres contain ...

Excerpt: ...gs, that the City of Newport Beach required the OCSD to have possession of the property before it would process needed permits. Based on the parties' arguments, the Court continued the hearing on the motion to December 14, 2022, the same date set for the hearing on the writ petition in the CEQA case. For the reasons previously stated and as set forth below, the motion for pre-judgment possession is GRANTED. As stated in the ruling granting the wr...

Excerpt: ...earing, Plaintiffs should be prepared to discuss the status of John Hanna, Doug Lee and Roger Kuo, who are named as defendants on the 20 th cause of action but do not appear ever to have been served with process. I. Factual Background The Court assumes the parties' familiarity with the general factual background of this case, which has been discussed at length in rulings from both this Court and the Court of Appeal. As alleged in the 2AC, the 20 ...

Excerpt: ...sed minute order nunc pro tunc that incorporates items 3 through 7 set forth on page 9 of Plaintiff's motion. MOTION TO QUASH SERVICE OF SUMMONS Defendant Borden Ladner Gervais LLP's (“BLG”) motion to quash service of summons is DENIED. BLG's objection to Exhibit 7 to the Wright Declaration (ROA 290) is OVERRULED. Wright declares the exhibit is an affidavit from Cherilyn Sheets, DDS. On its face, the affidavit purports to be from the prior Br...

Excerpt: ...NIED WITHOUT PREJUDICE as to the request to dismiss the representative portion of Plaintiff's PAGA claim. Best Buy is free to renew this request upon completion of the individual arbitration. 3. The representative portion of Plaintiff's PAGA claim is STAYED pending completion of the individual arbitration. 4. The motion is DENIED as to the request to “pause” accumulation of penalties on the representative portion of Plaintiff's PAGA claim. 5....

Excerpt: ...ing alleged violations of the Fair and Accurate Credit Transactions Act (FACTA). Plaintiff seeks to represent a class of persons nationwide who purchased merchandise with credit cards at Hibbett Retail's stores and received a receipt that contained the first six and last four digits of their credit card numbers, in violation of FACTA's requirement that only the last five digits be printed on a receipt. Hibbett Retail moves to strike the nationwid...

Excerpt: ...iefing on the issue of the alleged 2019 arbitration agreement between Zov's Bistro II and Plaintiff Natalio Cervantes. Upon review of the supplemental briefing, the Court orders as follows: 1. The motion is DENIED with respect to Cervantes. 2. As to Plaintiff Carlos Cruz, the Court adopts its earlier tentative ruling: the motion is GRANTED as to Cruz, but the arbitration of his wage-and-hour, UCL, and PAGA claims is STAYED pending resolution of C...

Excerpt: ... evidence immaterial to this ruling. GROUNDS FOR RULING This eminent domain case involves OC San's intent to take various property interests currently owned by Defendant Bayside Village Marina, LLC (“BVM”) in connection with a sewer replacement/refurbishment project. I. Procedural Prerequisites CCP § 1255.410(a)-(b) list a number of procedural prerequisites to bringing a motion for prejudgment possession. BVM does not challenge OC San's comp...

Excerpt: ...o arbitrate the individual portion of her PAGA claim. 2. The motion is DENIED WITHOUT PREJUDICE as to the request to dismiss the representative portion of Plaintiff's PAGA claim. Defendants are free to renew this request upon completion of the arbitration. 3. The case is stayed pending completion of the arbitration. An arbitration review hearing will take place on July 26, 2023 at 8:30 a.m. in department CX-104. Defendants' unopposed request for ...

Excerpt: ...the second through fifth causes of action is appropriate because those claims are barred by the economic loss rule. For the reasons set forth below, OCTC's motion is DENIED. The parties' requests for judicial notice are GRANTED. I. Factual Background The Court assumes the parties' familiarity with the facts of this matter and the related cases involving a mortgage fraud scheme perpetrated by Vinh Phan and his associates. As relevant here, Phan's ...

Excerpt: ...each set of requests as set forth below. All further responses ordered by the Court are to be served by December 9, 2022. Cla-Val also seeks sanctions against Fawaz on all seven motions, for a total of $22,785. This request is granted in part. Fawaz is ordered to pay Cla-Val $500 in sanctions by December 9, 2022. I. Background This is a subsurface contamination case that was originally brought as a class action, with Fawaz, the putative class rep...

Excerpt: ... pertaining to ovarian cysts (pp. 2-3 of the notice of motion to strike) and GRANTED as to the allegations pertaining to endometrial changes requiring hysterectomy (pp. 3-5 of the notice of motion to strike). At the hearing, the parties should be prepared to discuss whether leave to amend would be proper. Corcept's two requests for judicial notice, which appear identical in all material respects, are GRANTED. I. Relevant History This is a pharmac...

Excerpt: ...unty, including Medi-Cal enrollees served by defendant CalOptima. These patients usually present to the Prime Hospitals as emergency patients, so federal law requires the Prime Hospitals to treat them. The Prime Hospitals then bill CalOptima for treatment. Varis is a billing auditor retained by CalOptima to help reduce its spending. Broadly speaking, the Prime Hospitals allege that after they submit bills to CalOptima for treatment of Medi-Cal pa...

Excerpt: ...D. Based on statements in Defendants' reply brief, the representative portion of Plaintiff's PAGA claim is STAYED pending the outcome of Adolph v. Uber Technologies, S274671. An arbitration review conference will be held in Department CX-104 on May 1, 2023 at 8:30 a.m. Defendants' unopposed request for judicial notice is GRANTED. The Court DECLINES TO RULE on the parties' evidentiary objections, which all go to matters previously decided by Judge...

Excerpt: ...scope, this motion has somehow generated 57 pages of evidentiary objections, 38 pages from Plaintiffs and 19 pages from the Association. Many, if not most, of these objections contain arguments that properly should be part of the parties' motion papers. In the future, please limit objections to true evidentiary issues. All objections are OVERRULED. The Court separately notes that the Association's objections repeatedly make the same comment about...

Excerpt: ... will not affect the ability of other employees or the State of California to pursue claims for civil penalties based on the acts Plaintiff complains of. Defendant's request for judicial notice is GRANTED. I. Background A. Procedural History Plaintiff, represented by the Kingsley firm, filed this case in October 2021. (ROA 2.) It was originally a class action, with claims for meal breaks, rest breaks, reimbursement, wage statements, waiting time,...

Excerpt: ...) staying proceedings pending completion of arbitration. For the reasons set forth below, the Court orders as follows: 1. The request to compel arbitration is GRANTED. All Plaintiffs are ordered to separately arbitrate the individual portion of their PAGA claims. 2. The request to dismiss the representative portion of Plaintiffs' PAGA claims is DENIED WITHOUT PREJUDICE to renewal upon completion of the arbitrations. 3. This case is STAYED pending...

Excerpt: ...vative claims) pending the outcome of arbitration. The Court has reviewed the parties' supplemental briefing. For the reasons set forth in the September 16, 2022 minute order (incorporated here by reference), and for the reasons set forth below: 1. Defendants' motion to compel arbitration is DENIED as to Gallegos' second cause of action for sexual harassment and otherwise GRANTED in its entirety. Plaintiffs are to arbitrate their PAGA claims on a...

Excerpt: ...pposed request for judicial notice is GRANTED. I. Relevant Background The Court assumes the parties' familiarity with the factual background and procedural history of this case. As relevant to this motion, on September 6, 2022, the Court entered judgment in favor of the City and against Defendants. Specifically, the judgment provided: 1. Judgment was entered in favor of the City on its complaint against BA Hotel, Mona10, and Patricia Pham (the �...

Excerpt: ...of Plaintiff's PAGA claim. For the reasons set forth below, the Court orders as follows: 1. The motion to compel individual arbitration is GRANTED. This case is STAYED pending completion of Plaintiff's already-pending arbitration. 2. The request to dismiss the representative portion of Plaintiff's PAGA claim is DENIED WITHOUT PREJUDICE to reconsideration after Plaintiff's arbitration is complete. An arbitration review conference will be held on J...

Excerpt: ...n of arbitration. The Court rules as follows: 1. The request to compel arbitration is GRANTED. Plaintiff is ordered to arbitrate the individual portion of her PAGA claim. 2. The case is STAYED pending completion of arbitration. 3. The request to dismiss the representative portion of Plaintiff's PAGA claims is DENIED WITHOUT PREJUDICE to being renewed when the stay is lifted. An arbitration review conference will take place in Department CX-104 on...

Excerpt: ... Tina Jackson's Motion to Compel Further Responses to Plaintiffs' First Set of Requests for Admission to Defendant Todd Spitzer in his Official Capacity MOTIONS TO COMPEL Plaintiffs have filed two motions to compel further responses from Defendant Todd Spitzer, sued in his official capacity as the Orange County District Attorney. (The Court refers to “OCDA” unless Spitzer's personal identity is relevant.) Because the motions overlap, the Cour...

Excerpt: ... For the reasons set forth below, the motion to compel arbitration is GRANTED, and this case is STAYED pending the completion of arbitration. The request to dismiss the representative portion of Plaintiff's claim is DENIED WITHOUT PREJUDICE to reconsideration upon completion of arbitration. The Court has not considered the unpublished decisions of California Superior Courts cited by Plaintiff. “Even assuming for the sake of argument that [these...

Excerpt: ...5.) The Court has neither read nor considered the two decisions. As Plaintiffs point out in their objection to the RJN, the Court previously rejected a request from Defendant to take judicial notice of an unpublished Court of Appeal decision, so Defendant can hardly plead ignorance of the rule. (See ROA 1278.) Defendant didn't simply fail to heed that prior ruling: one of the decisions in its current RJN, Vazquez v. Warrant Distributing, Inc., is...

Excerpt: ...ficient to constitute a cause of action. For the reasons set forth below, the motion to dismiss is DENIED, the previous dismissal of Jene Park is confirmed, and the demurrer is SUSTAINED WITH LEAVE TO AMEND on grounds of uncertainty. Both sides' requests for judicial notice are GRANTED. I. Procedural Background The Court assumes the parties' familiarity with the general factual background of this motion, which has been discussed at length in ruli...

Excerpt: ...int (FAC), and (2) an order striking Plaintiffs' allegations and request for punitive damages, and their request for attorney's fees. For the reasons below, the Court makes the following rulings: 1. The Demurrer as to all causes of action is OVERRULED. 2. The Motion to Strike as to Punitive Damages (FAC ¶ 122, Prayer ¶ 2) is DENIED. 3. The Motion to Strike as to Attorney's Fees (Prayer ¶ 7) is DENIED. An answer must be filed on or before Octob...

Excerpt: ... should be filed on or before March 8, 2023. Defendants' request for judicial notice is GRANTED. The Court also proposes on its own motion to take judicial notice of the trial court file in Reeves I. I. Background This case, Reeves I, and Reeves v. Rezaei, No. 21-01186967 (Reeves II) all arise from the City's revocation of a certificate of occupancy for Reeves' home in Newport Beach. In Reeves I, Reeves seeks a writ of mandate directing the City'...

Excerpt: ...October 28, 2022. The supplemental briefs shall be no longer than seven pages and limited to the items of concern identified below. Any supplemental briefs in opposition to the motion shall be filed on or before November 4, 2022. The supplemental opposition briefs shall be no longer than seven pages and may only respond to points raised in the supplemental briefs in support; no additional argument in opposition will be permitted. No supplemental ...

Excerpt: ...Uber Technologies, Inc., No. S274671. For the reasons set forth below, Defendant's motion is GRANTED. Plaintiff is to arbitrate his claims on an individual basis, and the representative portion of his PAGA claim is stayed pending the decision in Adolph. The current case management conference of October 31, 2022 is vacated. An arbitration review conference will take place in Department CX-104 at 8:30 a.m. on June 1, 2023. EVIDENTIARY MATTERS Plain...

Excerpt: ...rth below, the Court orders as follows: 1. The motion is DENIED with respect to Cervantes. 2. The motion is GRANTED with respect to Cruz. However, pursuant to CCP § 1281.2(c), the Court STAYS enforcement of the arbitration agreement as to all claims except Cruz's FEHA claims. Defendants' request for judicial notice of the United States Supreme Court's opinion in Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906 is GRANTED. Plaintiffs' ...

Excerpt: ...ference will be held on May 31, 2023 at 8:30 a.m. in Department CX-104. EVIDENTIARY MATTERS Plaintiff's evidentiary objections are all OVERRULED. It appears to the Court that these objections are identical to objections previously overruled by the Court (Judge Di Cesare) in connection with a prior motion to compel arbitration. Plaintiffs' objections are therefore an improper attempt to reconsider the prior order. Plaintiff seeks judicial notice o...

Excerpt: ...ning, Jr., Kaeyln Manning, Julia Manning, and Paige Manning (through her guardian ad litem, Erica Mitchell). The Court rules as follows: 1. The motion for summary judgment is DENIED. 2. The motion for summary adjudication is GRANTED as to issues 1 and 2 inasmuch as Plaintiffs consent to the same in their opposition papers. 3. The motion for summary adjudication is DENIED as to issue 3. Defendants' request for judicial notice, which is unopposed, ...

Excerpt: ...e of Action, which /Cross-Complainants have voluntarily withdrawn. 2. The demurrer is OVERRULED as to alter ego liability. Demurring Cross-Defendants shall answer the SAXC on or before October 21, 2022. 1. Overview In evaluating a demurrer, the Court is guided by long-settled rules. The Court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.” (Serrano v. Pri...

Excerpt: ...Deputy T. Carrillo (the “County Defendants”) demur to all causes of action in the FAC, as well as to the class allegations therein. Second, Defendant Global Tel*Link Corporation (“GTL”) demurs to Plaintiffs' first and tenth causes of action, and to the sixth “cause of action” (more accurately, class allegations) insofar as Plaintiffs allege the existence of a “telephone class.” PROCEDURAL BACKGROUND Before addressing the merits of...

Excerpt: ...d The underlying First Amended Complaint of Plaintiff Sirco/Irvine Business Park II Association concerns insurance coverage. The Association is the community association for a three- building commercial condominium park in Santa Ana. In 2008, the Association took out an insurance policy on the condominium park. The policy (as renewed) was in effect on September 25, 2019, when a fire damaged one of the three buildings. The policy was issued by Tra...

Excerpt: ...e individual portion of his PAGA claim. 2. The case is STAYED pending completion of arbitration. 3. The request to dismiss the representative portion of Plaintiff's PAGA claim is DENIED WITHOUT PREJUDICE to being renewed when the stay is lifted. An arbitration review conference will take place in Department CX-104 on April 17, 2023 at 8:30 a.m. I. Factual Background Plaintiff was employed by Defendant as a bartender from 2019 to 2022. (Hailey Dec...

Excerpt: ...fore it can rule on the motion. To that end, the parties should be prepared to discuss the questions set forth below at the hearing. Depending on the answers, the Court may decide to invite supplemental briefing. I. Propriety of Motion Plaintiffs argue the AG's motion is an improper motion for reconsideration, or not even a motion for reconsideration at all, and should be denied on that basis alone. The Court disagrees. A. Untimely or Improper Mo...

Excerpt: ...llowing rulings: 1. The Demurrer to the 4 th cause of action for fraud is SUSTAINED with leave to amend. 2. The Demurrer to the 5 th cause of action for conversion is OVERRULED. 3. The Demurrer to the 6 th cause of action alleging a violation of Business & Professions Code § 17200 is SUSTAINED with leave to amend. 4. The Motion to Strike Punitive Damages is GRANTED with leave to amend. 5. The Motion to Strike Attorneys' Fees is DENIED. Any amend...