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: ...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 Based on Defendants' statements in their reply brief, their request for sanctions against Respondents is WITHDRAWN.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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...) 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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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...