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...

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: ...ndividual basis, including the individual portion of her PAGA claim, as to all named defendants. 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. 4. An arbitration review conference will take place on May 17, 2023 at 8:30 a.m. in Department CX-104. I. Factual Background Defendants in this ma...

Excerpt: ...ent, LLC is SUSTAINED WITHOUT LEAVE TO AMEND. Cross-complainants' cross-claims are DISMISSED WITH PREJUDICE. Admiral's motion to strike is DENIED AS MOOT. I. Factual Background Cross-Complainants' XC expressly incorporates the allegations of Admiral's FAC, so the Court assumes all of the following to be true for purposes of this demurrer. Cross-Complainants were among the defendants in an underlying case, JPH Consulting, Inc. v. Jarvis, No. 15-00...

Excerpt: ...2 to file a second amended complaint. A status conference will be held on October 4, 2022 at 8:30 a.m. in conjunction with the related case of Luangphonh v. Better Mortgage Corporation 21-1190771. A joint status conference statement should be filed on or before September 27, 2022. Both sides cite unpublished California Superior Court decisions in their papers. “Even assuming for the sake of argument that [these cases] involve[] the same issue a...

Excerpt: ...ration. The Court rules as follows: 1. The motion is GRANTED IN PART AND DENIED IN PART as to the request to compel arbitration. Specifically: a. The motion is GRANTED to the extent Plaintiffs' claims are not based on sexual harassment. b. The motion is DENIED to the extent Plaintiffs' claims are based on sexual harassment. At the hearing, the parties should be prepared to discuss the extent to which Plaintiffs' claims are based on sexual harassm...

Excerpt: ...l arbitration; (2) dismissing Plaintiffs' class claims without prejudice; (3) dismissing Plaintiffs' PAGA claim, and (4) staying proceedings pending the outcome of arbitration. Numerous related defendants have filed a joinder in the motion. (The Court refers to all defendants as “Fitness 19” unless their separate corporate identities are relevant.) The Court rules as follows: 1. The request to order Plaintiffs' claims to individual arbitratio...

Excerpt: ... LLC demur to portions of the First Amended Cross-Complaint (“FAXC”) of Defendants/Cross- Complainants JD Equity Holdings LLC and Jacob Daniels. The Court rules as follows: 1. The demurrer is SUSTAINED based on defect/ misjoinder of parties per CCP § 430.10(d) by virtue of adding Darnell Ponder as a cross-defendant and the 10 th cause of action for constructive trust without leave of court. 2. The demurrer is OVERRULED as to alter ego liabil...

Excerpt: ... of Plaintiff's PAGA claim. This portion of the case is STAYED pending the resolution of Plaintiff's individual arbitration. 3. The Court sets an arbitration review conference for March 29, 2023 at 8:30 a.m. EVIDENTIARY OBJECTIONS Plaintiff offers four objections to the Kourasis Declaration submitted in support of Defendant's motion. Objections 1 and 2 are SUSTAINED. Objections 3 and 4 are OVERRULED; however, the Court will not rely on this testi...

Excerpt: ...ies on two questions: 1. Is an administrative appeal pursuant to Public Resources Code § 21151 governed by the 14-day period for appeals provided by Laguna Beach Municipal Code section 25.05.070(A)? If not, what is the applicable period? Also, if not, what is the effect, if any, of Petitioners' late-filed appeal that the City rejected as untimely? 2. Is there authority for the situation where an administrative appeal has been withdrawn and the t...

Excerpt: ...ual portion of Plaintiff's claim is to be arbitrated, and the representative portion of Plaintiff's claim is stayed pending the resolution of the arbitration. An arbitration review conference will take place on March 29, 2023 at 8:30 a.m. EVIDENTIARY OBJECTIONS All of Plaintiff's evidentiary objections are OVERRULED. Defendants' objection to Plaintiff's declaration is OVERRULED. Defendants' objections to the declaration of Amir Nayebdadash are al...

Excerpt: ... Plaintiff's PAGA claim is to be arbitrated on an individual basis. 2. 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. 3. As discussed below, the Court is willing to consider a request for limited further briefing from Plaintiff given the way Defendant handled the two arbitration agreements at...

Excerpt: ...idual basis and dismiss the representative portion of her PAGA claim. Section 3 of the parties' arbitration agreement provides: “Private attorney general representative actions brought on behalf of the state under the California Labor Code are not arbitrable, not within the scope of this Agreement and may be maintained in a court of law.” (Becker Decl., Ex. A, at p. 2.) Because the parties agreed that PAGA actions cannot be arbitrated, Defend...

Excerpt: ... the representative portion of their PAGA claims. The Court rules as follows: 1. The motion is GRANTED as to the request to compel arbitration. The individual portion of each Plaintiff's PAGA claim is to be arbitrated on an individual basis. 2. The motion is DENIED WITHOUT PREJUDICE as to the request to dismiss the representative portion of Plaintiffs' PAGA claims. This case is STAYED pending the resolution of Plaintiffs' individual arbitrations....

Excerpt: ...�Extraction Fee.” The motion is otherwise granted in its entirety. The parties' unopposed requests for judicial notice are GRANTED. GROUNDS FOR RULING A court “may, in the furtherance of justice . . . allow a party to amend any pleading.” (CCP § 473(a)(1).) “[C]ourts are bound to apply a policy of great liberality in permitting amendments to the complaint at any stage of the proceedings, up to and including trial.” (Magpali v. Farmers ...

Excerpt: ...irst Action, the Court will determine whether the case can proceed and whether leave to amend will be permitted. The parties' unopposed requests for judicial notice are GRANTED. GROUNDS FOR RULING A demurrer lies when there are two actions pending in California state courts “between the same parties on the same causes of action.” (CCP § 430.10(c).) “In determining whether the causes of action are the same for purposes of pleas in abatement...

Excerpt: ...he August 19, 2022 hearing (either in person or via Zoom) to discuss the issues set forth below. The Court notes the existence of a related class action, Salcido v. NJOORD, No. 22- 1258984. It appears Plaintiff Frederick Salcido erroneously filed his opposition documents in the class action instead of this case. Because no prejudice will result if the Court considers the misfiled documents, the Court will exercise its discretion to consider them....

Excerpt: ...ntiff Maria Ruiz's Individual PAGA Claim; (2) Dismiss Plaintiff's Non-Individual PAGA Claims; and (3) Stay Action Defendant Chartwell Staffing Services, Inc. has filed two motions to compel arbitration, one against Plaintiff Moises Mendoza and one against Plaintiff Maria Ruiz. Defendants Laguna Cookie Company, Inc. and D.F. Stauffer Biscuit Co., Inc. (collectively, “Laguna Defendants”) move to join in Chartwell's motions and have filed their ...

Excerpt: ... The Court rules as follows: 1. Defendants' motion to compel arbitration is GRANTED. Plaintiffs are ordered to separately arbitrate their individual PAGA claims. 2. This case is STAYED until Plaintiffs' individual arbitrations conclude. 3. Defendants' request to dismiss Plaintiffs' representative PAGA claims is DENIED without prejudice to reconsideration when the stay is lifted. An arbitration review conference will take place on March 15, 2023 a...

Excerpt: ...rted failure to warn of dangers allegedly associated with Korlym, a name-brand drug it manufactures. Exhibit D to the Moccio Declaration is a compilation of “MedWatch” reports—adverse event reports submitted by Corcept to the FDA as part of Corcept's mandatory reporting duties. These reports were obtained by Plaintiff in the course of discovery. She relied on them in her motion for leave to file a fourth amended complaint, and the Court gra...

Excerpt: ... Alltops, Inc. dba All-Tops Roofing; and Qwest Drywall (collectively, the “Settling Parties”). For the reasons set forth below, Wolfenden's motion is DENIED. I. Factual and Procedural Background The underlying complaint in this action sounds in negligence, contract, and misrepresentation. Defendant Boss Ventures owned a property in Laguna Beach consisting of two separate cottages on one parcel. It hired Wolfenden, a licensed general contracto...

Excerpt: ...essional negligence), eleventh (intentional infliction of emotional distress), twelfth (unjust enrichment), thirteenth (unfair insurance practices), fourteenth (declaratory relief), and fifteenth (punitive damages). CDA contends (1) Wright fails to state facts sufficient to constitute a cause of action (CCP § 430.10(e)), and (2) Wright's complaint is uncertain, ambiguous, or unintelligible (CCP § 430.10(f)). For the reasons set forth below, the...

Excerpt: ...are Anaheim, LLC, San Bernardino SC NO. CIVSB2127232. JUDICIAL NOTICE Both sides ask the Court to take judicial notice of superior court rulings regarding PAGA claims based on the HWHFA. In their papers, the parties cite these rulings for their perceived persuasive value. “Even assuming for the sake of argument that [these cases] involve[] the same issue as the case before [the Court] . . . a written trial court ruling has no precedential value...

Excerpt: ...l first address the demurrer, then the motion for leave to file a 4AC, then the trial continuance motion. That is, the scope of permitted amendment for the 4AC will be informed by the Court's ruling on the demurrer to the 3AC. In opposition to the demurrer, Olen argues that if the Court grants leave to amend, “this demurrer will be moot.” (Demurrer Opp. at p. 2.) The Court will not permit Olen to avoid a potentially meritorious demurrer to th...

Excerpt: ...S MOOT. I. Factual Background Cross-Complainants' XC expressly incorporates the allegations of Admiral's FAC, so the Court assumes all of the following to be true for purposes of this demurrer. Cross-Complainants were among the defendants in an underlying case, JPH Consulting, Inc. v. Jarvis, No. 15-00823625. Admiral had issued a professional liability policy in favor of Care West that insured both Care West and Jarvis. Cross-Complainants tendere...

Excerpt: ...ant to this motion and somewhat confusing. The Court recounts facts necessary to resolution of this motion. This matter is an individual action with a PAGA component. Broadly speaking, Plaintiffs allege Defendants violated wage-and-hour laws and that Plaintiffs were constructively terminated for complaining about those violations. Plaintiffs are represented by the EFLL firm and LaCour. Aguilar, who is not a Plaintiff here, worked for Defendants u...

Excerpt: ...nd 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 Cal.App.3d 304, 311.) Leave to amend may be denied where amendment would be futile (see Foxborough v. Van Atta (1994) 26 Cal.App.4th 217, 230), but “the preferable practice would be to permit the amend...

Excerpt: ... addition, Plaintiffs must provide proof of service of any revised settlement agreement and supporting papers on the LWDA. As to the Settlement: 1. Apart from the included actions in this matter, are there any actions, whether individual, class, or PAGA (pending or in the pre-filing LWDA stage) that may be affected by this settlement? 2. Please provide copies of all class representatives' pre-filing letters to the LWDA (and any amendments thereto...

Excerpt: ...tions 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. Are there any other actions, whether individual, class, or PAGA (pending or in the pre-filing LWDA stage) that may be affected by this settlement? 2. Please provide for 60 days, rather than 45, for opt-outs, objections, and disputes. 3. Paragraph 47(i) of the agreeme...

Excerpt: ...l of Ray's application to remodel a home on Hawthorne Road in the City. Petitioners contend the home has considerable historic value that would be diminished by the remodel, and the City's Design Review Board violated CEQA in October 2020 when it approved the application based on a negative declaration. This demurrer focuses on exhaustion of administrative remedies. As relevant here, the FAP alleges as follows: City staff conducted an initial stu...

Excerpt: ...ligence). I. Background 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 po...

Excerpt: ... violations they personally suffered. Plaintiffs' class claims are dismissed without prejudice. Plaintiffs' PAGA claim, to the extent it seeks to recover civil penalties for Labor Code violations suffered by other employees, is dismissed without prejudice. I. Background A. Procedural Background This matter involves employees of the Fitness 19 chain of health clubs. Plaintiffs, who worked at Fitness 19's Huntington Beach location, originally filed...

Excerpt: ... addition, Plaintiff must provide proof of service of any revised settlement agreement and supplemental papers on the LWDA. 1. Please provide a copy of Plaintiff's pre-filing letter to the LWDA. 2. Counsel states there are three known cases with similar claims pending against Defendants, the claims in one of which will be released by this settlement and one in which similar claims will be dismissed. (Mem. at 17.) As to the latter, will those clai...

Excerpt: ...inally a PAGA-only matter brought against Defendants U Gym, LLC and Costa Mesa Gym, LLC, both alleged as doing business as UFC Gym Costa Mesa. In August 2021, U Gym, LLC settled a related PAGA case pending in Sacramento Superior Court, Manzares v. U Gym, LLC, Sacramento SC No. 34-2020- 00284868. (1 st Perez Decl., ¶ 4.) Plaintiff and Defendants apparently agreed the Manzares settlement extinguished Plaintiff's PAGA claim against U Gym, LLC, but ...

Excerpt: ...s well. In addition, Plaintiff must provide proof of service of any revised settlement agreement and supplemental papers on the LWDA. As to the Settlement: 1. Please provide a copy of Plaintiff's pre-filing letter to the LWDA. 2. Are there any other matters, whether individual, class, or PAGA, pending or in the pre-filing LWDA stage, that could be affected by approval of this settlement? 3. Please explain the starting date for the PAGA period. Fr...

Excerpt: ...rvice of summons. 2. Defendants Sun Life Financial, Inc. and Sun Life Assurance Company of Canada's (collectively “Sun Life” unless the separate identities of Sun Life Financial and Sun Life Assurance are relevant) demurrer to the complaint of Plaintiff Robert S. Wright. 3. Sun Life's motion for sanctions against Wright. The Court addresses each motion in turn. Broadly speaking, this action arises from Wright's attempt to claim long-term disa...

Excerpt: ... take judicial notice of materials not “necessary, helpful, or relevant”].) I. Standard of Review in § 1983 Cases The City demurs to Reeves' second cause of action, for violation of 42 U.S.C. § 1983. The usual standards for a general demurrer are inapplicable to § 1983 claims brought in state court. Rather, “the state courts of California should apply federal law to determine whether a complaint pleads a cause of action under section 198...

Excerpt: ...or State Farm Mutual Automobile Insurance Company (“State Farm”) applies for an order determining the proper allocation of the proceeds of its settlement with Defendants Sonny Rubin, M.D., et al. (“Rubin”), as required by Ins. Code § 1871.7. Per the Fawaz Decl. (ROA 133) and exhibits thereto, neither the Orange County District Attorney's office nor the Insurance Commissioner object to the settlement or the proposed allocation. The applic...

Excerpt: ...efendant The Ballot Box, Inc. filed an opposition to Plaintiffs' motion. Because Plaintiffs' motion seeks relief only against the Association, not Ballot Box, Ballot Box lacks standing to oppose the relief sought. The Court therefore has not considered Ballot Box's opposition, only the Association's. The Association has filed evidentiary objections to the declarations of Robert C. Pack and Boyd L. Hill. Objections 11 and 12 to the Pack Declaratio...

Excerpt: ...cial notice is GRANTED. I. Factual Background At the demurrer stage, a court must “take as true all properly pleaded material facts.” (Southern California Gas Leak Cases (2019) 7 Cal.5th 391, 395.) But there are two exceptions to this rule applicable here. First, ESE argues the sham pleading doctrine applies to discrepancies between the prior 1AC and the operative 2AC. “The allegations in a plaintiff's complaint constitute judicial admissio...

Excerpt: ...tion 5500) of Division 3 of the Business and Professions Code, or of a person holding a valid registration as a professional engineer issued pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, or a person holding a valid land surveyor's license issued pursuant to Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code.” CCP § 435.11(h) provides that if th...

Excerpt: ...tted 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. Paragraph 116 of the complaint lists several Labor Code violations as PAGA predicates that do not appear to be mentioned in the pre-filing letter to the LWDA. (E.g., sick leave, vacation pay, and seating violations.) Has Plaintiff adequately exhausted administrative remedies with respe...

Excerpt: ...tion. For the reasons set forth below, the Settling Parties' motion is GRANTED. I. Factual Background Boss Ventures owned a property in Laguna Beach consisting of two separate cottages on one parcel. It hired Wolfenden, a licensed general contractor, to remodel the property. Among other things, Wolfenden was to join the two cottages in a single structure and remediate a water intrusion issue in the basement of one cottage. When Wolfenden's work w...

Excerpt: ...es, and to maximize enforcement of state labor laws.” (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 72.) The Court also approves the current version of the notice. The Court approves the following distributions: 1. Attorney's fees in the amount of $350,625 to Protection Law Group and $318,750 to Lawyers for Justice. The grounds for the fee award are discussed below. 1. Litigation costs in the amount of $17,142.71 to Protection Law Group ...

Excerpt: ...ged since the settlement was valued. Specifically, he notes that at the end of 2021, Defendant reclassified a number of job titles from exempt to non-exempt. As a result, “the 15% increase in number of employees did not fairly represent the change in overall class size.” (2 nd Supp. Moon Decl. ¶ 3(a).) This explanation creates several new problems the Court does not believe can be cured with further briefing or with minor tweaks to the settl...

Excerpt: ...dgment, the Court vacated the prior judgment in the Association's favor, which allowed the Association to recover unpaid rent from Plaintiffs, with offsets for money owed in restitution to Plaintiffs on their TILA claim. Instead, the Court entered judgment in favor of Plaintiffs for restitution, plus postjudgment interest dating to April 14, 2016, the date of the prior judgment entered by Judge Moss. (See ROA 2776.) “When a judgment is modified...

Excerpt: ...n III-B below—namely, whether the Court can assume for class certification purposes that the time that an employee clocks- in is considered compensable work time based on both the evidence and the law. Among other things, the parties should address whether there is a rebuttable presumption that timecard clock-in times are actual hours worked. The parties may submit up to 10 additional declarations in support of their positions, as well as exist...

Excerpt: ...Plaintiff Felicia Hernandez filed this PAGA-only case against Defendant, seeking to recover civil penalties for a number of Labor Code violations allegedly committed against Defendant's non-exempt employees. Defendant contends Plaintiff signed an arbitration agreement when she began her employment. (Plaintiff disputes whether she signed the purported agreement. For purposes of the present motion only, the Court assumes, without deciding, that she...

Excerpt: ...t Corp. moves to compel individual arbitration of Plaintiff Tanisha Robinson's claims, dismiss her class claims, and stay or dismiss this case. Defendant Ingram Micro Inc. has filed a joinder arguing that although it is a non-party to the arbitration agreement at issue, it may nonetheless compel individual arbitration of Plaintiff's claims. For the reasons set forth below, the motion is GRANTED. Plaintiff's claims against Volt and Ingram are orde...

Excerpt: ... 4. Defendant James Tromblee, Jr.'s Joinder to Defendant Polymer80, Inc.'s Demurrer ROA 315 5. Status Conference Before the Court are two demurrers to the operative complaints in the underlying Cardenas and McFayden actions. The two complaints are treated as a single pleading by the parties for demurrer purposes. ROA 290 is the demurrer of Defendants Blackhawk Manufacturing Group, Inc.; Ghost Firearms, LLC; MFY Technical Solutions LLC; and Thunde...