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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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 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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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...