Excerpt: ...vidual or as a class representative. Defendant contends in the demurrer that plaintiff Antigua Cantina lacks standing to pursue relief because it is a dissolved corporation. In the motion for judgment on the pleadings, defendant contends that plaintiff lacks standing because any interests it had in the pending dispute were transferred to the Chapter 7 trustee after it filed for bankruptcy protection. Plaintiff concedes one, but not the other. Sep...

Excerpt: ...n the evidence presented, that the settlement is fair, adequate, and reasonable. The purpose of the requirement is to protect class members whose voices may not have been heard by the negotiating parties. Luckey v. Superior Court (2014) 228 Cal.App.4 th 81, 93. The trial court has broad discretion to determine whether the settlement is fair. Some of the factors to consider include:  the strength of plaintiffs' case;  the risk, expense, comp...

Excerpt: ...hearing, the trial court must make a finding, based on the evidence presented, that the settlement is fair, adequate, and reasonable. The purpose of the requirement is to protect class members whose voices may not have been heard by the negotiating parties. Luckey v. Superior Court (2014) 228 Cal.App.4 th 81, 93. The trial court has broad discretion to determine whether the settlement is fair. Some of the factors to consider include:  the stre...

Excerpt: ...ployees with all required overtime pay;  Violations of Labor Code sections 1182.12, 1194, 1197, and 1197.1, and the applicable IWC Wage Order for Defendant's failure to compensate Plaintiff and Aggrieved Employees with at least minimum wages for all hours worked;  Violation of Labor Code sections 226.7, 512(a), and 1198, and the applicable IWC Wage Order for Defendants' failure to provide Plaintiff and Aggrieved Employees with meal periods;...

Excerpt: ... Pay Rest Period Compensation (Cal. Lab. Code section 226.7);  Failure to Furnish Accurate Wage and Hour Statements (Cal. Lab. Code section 226);  Failure to Pay Wages Upon Discharge (Cal. Lab. Code section 201);  Statutory Penalties (Cal. Lab. Code sections 203 and 558);  Failure to Indemnify and Illegal Deductions from Wages (Cal. Lab. Code section 2802);  Retaliation (Cal. Lab. Code sections 1102.5, 98.6);  Wrongful Terminati...

Excerpt: ...ion case at issue in federal court. When plaintiffs filed this action, they served Notice of a Related Case, identifying that case as follows:  Dawkins v. Carrington, 0:20-cv-60998, S.D. Fla, filed 05/20/20 However, according to the defense, the related case for purposes of the requested stay is actually:  Thomas-Lawson v. Carrington, 2:20-cv-07301, C.D. Cal, filed 12/16/19 Pursuant to CCP §128(a)(3), every court has the power to provide f...

Excerpt: ...ing on a narrow list of concerns. Counsel responded with substantive supplemental papers adequately addressing this Court's queries as follows:  Any related cases? No.  Allocation mechanism? Negotiated between counsel.  Cy pres interests? No.  Remove objection hurdle. Done.  Revise release scope. Done.  Notice to members in Spanish? Yes. Now that the procedural concerns have been resolved, it is time to consider the settlement i...

Excerpt: ...ain and submit accurate itemized wage statements. She further contends that defendants rounded hours down and failed to honor overtime requirements for shifts exceeding 10 hours. Plaintiff further contends that defendants' meal and rest policies and procedures failed to comply with California law because she (and others) were required to remain “on-call” during meals/breaks. Plaintiff filed this action on 11/20/15. Trial is currently set for ...

Excerpt: ...rprise or excusable neglect to support relief. This is measured by an objective, reasonably prudent person (or here, counsel) standard. (Department of Water & Power v. Superior Court (2000) 82 Cal.App.4th 1288, 1293.) Petitioner has the burden to show the relief is warranted. (Ebersol v. Cowan (1983) 35 Cal.3d 427, 430–432; Department of Water & Power, 82 Cal.App.4th at 1293.) In general, the court examines (1) the nature of the mistake or negl...

Excerpt: ...ngaged in limited email discourse regarding the scope of discovery sought by Sunshine. In short, Sunshine wanted documents that might prove the Receiver was biased and motivated by personal, improper reasons. On 08/21/20, Receiver filed the pending motion to quash, insisting that some of the document requests were overbroad and “not relevant.” Receiver did not object to being deposed, but apparently wanted to preserve contentions while still ...

Excerpt: ...hat the dispute had been settled. On 10/13/17, the parties executed a Settlement Agreement. The key terms were as follows:  Defendant to pay plaintiff a single lump sum of $50,000.00 “by January 15, 2018, or receipt of plaintiff's signature on this agreement, whichever is later;”  Defendant to execute a stipulated judgment in the amount of $94,600.00, to be filed only if settlement payment “is not made.”  Plaintiff “may not ass...

Excerpt: ...tual attorney fees for prevailing in this special proceeding. Both sides appear ready to concede that the underlying contract between the parties contains a type of attorney fee clause. There are three agreements at play: 1. Indemnity Agreement – which obligates defendant's LLC to “fully protect, defend and save [Fidelity] harmless from any and all loss, costs, damages, attorneys and solicitors fees” arising out of a mechanics lien issue. T...

Excerpt: ...rage Country Club Homeowners Association v. Hazelbaker (2016) 2 Cal.App.5th 252, 262.) Lack of prejudice is also a relevant factor. (See Mann v. Cracchiolo (1985) 38 Cal.3d 18, 30; see also Orange County Superior Court Local Rule 352.) Objection re Prematurity of Starr/Hunt's Petition to Confirm: Similarly, the Petition to confirm the award is not fatally premature in its timing. The Heimlich decision did not speak to a trial court's lack of all ...

Excerpt: ...esentations. This settlement led to a coverage dispute between Premier Bank and its E&O carrier, Progressive. Although the latter denied coverage, it eventually agreed to pay Premier $350,000 with a release of any related claims for reimbursement. Plaintiffs asked Premier Bank to pay them for their investigatory (albeit non-retained) efforts in the approximate amount of $170,000. Premier Bank ultimately paid plaintiffs $99,000 in exchange for a r...

Excerpt: ...de § 17701.05(b).) A limited liability company has a legal existence separate from its members. (Denevi v. LGCC (App. 6 Dist. 2004) 121 Cal.App.4th 1211, on subsequent appeal 2004 WL 2416546, unpublished, review denied.) Similarly, an LLC must maintain an agent for service of process. (Corp. Code § 17057(b).) As a legal entity (like a corporation), an LLC must appear in court through counsel. [U]nder a long-standing common law rule of procedure...

Excerpt: ...aintiff submitted a proposed application for renewed judgment on 05/28/20, seeking a new judgment amount of $ 1,022,564.00. Pursuant to CCP § 683.020, no money judgment can be enforced 10 years after the date of its entry unless an application for renewal has been made. Since the 10 year period arguably ran on 04/22/20, the application was late and the judgment lapsed on its face. Nevertheless, as is now common knowledge, this Court was deemed t...

Excerpt: ...hanged materially. The City is now in agreement with the new owner as to the next steps. There is no dispute for this Court to resolve regarding the property. Rather than interim fees, and who to pay, this Court sets an OSC re: discharge of the receiver, final accounting, closing of the receivership, dismissal of the pending petition, and an award of fees/costs. A case becomes moot when a court ruling can have no practical impact or cannot provid...

Excerpt: ...est on two primary bases: respondents are not parties to the contract containing the prevailing party attorney fee clause; and even if respondents could recoup fees, the amount sought is unreasonable. The Court finds that the petitioners are entitled to reasonable attorney fees but the amount thereof will be determined at the continued hearing. As a general rule, only signatories to a contract containing an attorneys' fees provision are entitled ...

Excerpt: ...ated with Premier Bank, but nevertheless felt that the sale was problematic. As it turns out, they may have been on to something since Premier Bank ultimately paid Valley Capital $675,000 in “damages” for accounting misrepresentations. This settlement led to a coverage dispute between Premier Bank and its E&O carrier, Progressive. Although the latter denied coverage, it eventually agreed to pay Premier $350,000 with a release of any related c...

Excerpt: ...on (2009CV899) was concluded by way of a default judgment in Fremerman's favor for the aggregate amount of $146,716.40. The default was not for want of any initial appearance, but rather as a terminating sanction for discovery abuses. Kim was represented by counsel in the Colorado action. On 04/04/11, Fremerman assigned all rights and interest in the judgment to Judicial Assertion Systems, Inc. On 04/15/11, Judicial Assertion Systems made applica...

Excerpt: ...as follows: 1. Defendants misappropriated AGA's trade secrets, and were unjustly enriched in the amount of $1,028,431.00; 2. Defendants negligently interfered with AGA's prospective economic advantage but caused no economic harm; 3. Johnson breached his duty of loyalty but caused no economic harm. Following motions for costs and fees, the matter was taken up on appeal to the DCA. Therein, a decision was rendered affirming most of what the trial c...

Excerpt: ...ict a deposition notice for Nguyen. The deposition was continued to 01/09/20. Neither Nguyen nor counsel appeared for the deposition. State Farm brought forth a number of discovery motions, which were heard by this Court on 12/06/19. In pertinent part, Nguyen was given 15 days to provide verifications, and 45 days to appear for deposition. State Farm was ordered to give notice and file proof thereof. On 12/09/19, State Farm filed a Notice of Ruli...

Excerpt: ...t Late Claim on September 30, 2019. Petition, Ex. 5 [Hamilton Decl.], at ¶3. As such, to be timely, Petitioner's cause of action must not have accrued prior to September 30, 2018. There is no dispute that more than half of the incidents complained of occurred after September 30, 2018. See Petition, Ex. 1, Attachment 1; Opp., at p. 7. Respondent presents no authority on the accrual date when there are a series of incidents of abuse and neglect th...

Excerpt: ...Court intends to issue its ruling. The Court's decision is based on the records of the case and the reasonable inferences to be drawn from the evidence. For the reasons stated below, third party Mr. Joshua Bates' claim is Denied. The third party claimant has the burden of proof at the hearing. (CCP § 720.360.) The community estate is generally liable for a debt incurred by either spouse before marriage. (Fam. Code § 910.) The separate property ...

Excerpt: ... and from the subsequent modifications agreed to by the parties. Defendant alleges Plaintiff is precluded from seeking that $71,000 on the basis of res judicata due to the terms of the Settlement Agreement (“Agreement”) the parties entered into in the present matter on or about 05/29/12. Motion, Ex. B. Defendant argues that Plaintiff's Second Amended Complaint (“SAC”) contains four brief references to “equalization payments” (SAC ¶¶...