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