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 Based on Defendants' statements in their reply brief, their request for sanctions against Respondents is WITHDRAWN.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