Excerpt: ...c performance of that contract. Little v. Pullman (2013 ) 219 Cal.App.4th 558, 565. The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. Id. Plaintiff argues defendant has not carried its burden of proving the existence of a valid arbitration ...

Excerpt: ...e Code section 583.310, (ii) continuing the trial date from July 1 5, 2024 to January 15, 2025, and (iii) continuing all trial -related deadlines to track the new trial date. Plaintiffs oppose. For the following reasons, defendants' motion is denied. 11 Section 583.310 provides that “[a]n action shall be brought to trial within five years after the action is commenced against the defendant.” For certain cases, including this one, this period...

Excerpt: ...ion: intentional interference with prospective economic relations, intentional interferenc e with contractual relations, and negligent interference with prospective economic advantage. For the following reasons, defendants' demurrers are sustained with leave to amend. allege facts demonstrating or excusing compliance with the claim presentation requirement. Otherwise, [their] complaint is In ruling on a demurrer, a court must accept as true all a...

Excerpt: ...f of service (ROA 138) does not reflect service of these documents on the LWDA. Plaintiff must file a proof of service reflecting service of the Order Granting Preliminary Approval and the motion for final approval and its supporting documents on the LWDA. 18 19 2. Has the deadline for exclusions, objections and disputes for the 22 remailed notices elapsed? If so, were any exclusions, objections or disputes received for the remailed notices? ...

Excerpt: ...er 31, 2023 were untimely. Motion (ROA 49) at 4:25 -28. Plain tiff served defendant with the Special Interrogatories and Requests for Production by email on September 27, 2023. Suh Decl. (ROA 39) Ex. A; Suh Decl. (ROA 45) Ex. A. Defendant's responses were due October 31, 2023, i.e., 30 calendar days, plus 2 court d ays for electronic service. Civ. Proc. Code §§ 1010.6(a)(3)(B), 2030.260(a), 2031.260(a). Defendant's responses were timely. Plaint...

Excerpt: ...ction (Set One), and Requests for Admissions (Set One). The court exercises its discretion to consider defendant's late -filed oppositions. For the following reasons, plaintiffs' motions are granted. Defendant asserts it has “never refused to provide the supplemental responses and will provide verified supplemental re sponses to the at issue discovery requests prior to the hearing on the Motions.” Gonzales Decl. (ROA 237) ¶ 10. Defense cou...

Excerpt: ...dismissal with prejudice on February 23, 2023 (ROA 19). For unknown reasons, the second amended complaint filed August 28, 2023 (ROA 57) includes Whang as a plaintiff. Second Amended Complaint (ROA 57) at 2:1, 5:1 - 3, 27:7. Whang filed a second request for dismissal with prejudice on October 4, 2023 (ROA 74) . Plaintiff confirms in her opposition what the court file reflects, i.e., that Whang dismissed his claims with prejudice and is no lo...

Excerpt: ...ot state the three declarations were served on the LWDA. Was the Orde r Granting Preliminary Approval (ROA 114) served on the LWDA? See ROA 125. Plaintiff must file a proof of service reflecting service of the declarations and the Order Granting Preliminary Approval on the LWDA. 2. How many class members are there? The Is las Declaration (ROA 128, ¶ 13) states there are 1,360 class members. The motion (ROA 127) states in one place there are 1,...

Excerpt: ...1. All demurrers to the first amended complaint based on Civil Procedure Code section 583.210 are overruled; 2. Lake's demurrer to Causes of Action Nos. 6 through 10 based on Labor Code section 2699.3 is overruled; 3. Diamond PEO, BZ Resources, VL Best PEO aka VL PEO, and Skyhigh PEO's demurrers to Causes of Action Nos. 6 through 10 based on Labor Code section 2699.3 are sustained without leave to amend; 4. Lake's demurrer to the first amended ...

Excerpt: ...Plaintiff's counsel should submit a declaration i n support of the requested attorneys' fees and litigation costs that includes: a. A statement that the hourly rate for each attorney is the reasonable and usual hourly rate charged by that attorney for similar services; b. The total number of hours worked by each attorney on the case; and c. If fees are sought for paralegals, verification that each paralegal meets the requirements of Business & P...

Excerpt: ...009) 46 Cal.4th 969, 986 . PAGA settlements are subject to trial court review “to determine whether [they are] fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future ones, and to maximize enforcement of state labor laws.” Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77. The court has reviewed and considered the papers filed in support of plaintiff's motion for approval of ...

Excerpt: ...led in support of the motion (ROA 187, 194 and 197) do not reflect servi ce on the LWDA. Plaintiff must file a proof of service identifying the specific documents served on the LWDA, when plaintiff served the documents, and how service was effected. 2. The motion does not provide sufficient information for the court to evaluat e whether the consideration being received for the release of class members' claims is reasonable in light of the stre...

Excerpt: ...mount be added to the gross settlement amount? How will the class mem bers be advised of this potential change in the settlement amount? If defendants have not paid the late fees, when will they do so? 2. Paragraph 4(e) of the Second Amended Settlement Agreement (ROA 459, Ex. 1) states defendants may void the settlement i f the number of persons who submit requests for exclusion is equal to or in excess of 10% of the total number of persons to wh...

Excerpt: ...rety. Brill Notice of Motion (ROA 47) at 1:25- 27; LNBYG Notice of Motion (ROA 9) at 2:6 -7. For the following reasons, Brill's and LNBYG's motions are granted. Factual background and allegations Stroj and Brill are both lawyers, although, as alleged in Stroj's complaint, Stroj was suspended from the practice of law for two years beginning in August 2021 “for illegal gambling that took place back in 2015.” Complaint (ROA 1) ¶ 23. Stroj alleg...

Excerpt: ...bing why the cy pres recipient (Legal Aid Foundation of Los Ang eles) is an appropriate recipient. The Supplemental Srourian Declaration (ROA 89) states: “Legal Aid Foundation of Los Angeles is an appropriate recipient because INSERT.” Supp. Srourian Decl. (ROA 89) ¶ 5. A declaration should be submitted describing why the cy pres recipient is an appropriate recipient. 2. The amendment to the settlement agreement (Supp. Srourian Decl. (ROA 89...

Excerpt: ...e documents, and how service was effected. 2. Were the moti on papers served on defendants? The only proof of service in the court file related to the motion papers is the proof of service attached to the Quezada Declaration (ROA 225), which states that only the Quezada Declaration was served on defendants. 3. Was the order granting preliminary approval (filed 6/16/23, ROA 212) served on the LWDA? Plaintiff must file a proof of service reflec...

Excerpt: ...ix months of Þling. For the following reasons, defendants' motion is denied. Section 583.310 provides that “[a]n action shall be brought to trial within Þve years after the action is commenced against the defendant.” For certain cases, including this one, this period was extended for six months by COVID-19 pandemic emergency rules. Section 583.360(a) states that dismissal for failure to bring a case to trial within the required period is ma...

Excerpt: ...at contract. Little v. Pullman (2013) 219 Cal.App.4th 558, 565. The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. Id. American Express does not contend Anca and American Express entered into a signed arbitration agreement. American Express ...

Excerpt: ...ictional discovery. 6 Motion to quash based on service of Eduardo Cosentino in British Columbia CG is a Spanish company headquartered in Spain. Vela Decl. (ROA 266) ¶ 4. Plainti
¯s personally served Eduardo Cosentino, CG's Executive Vice President for Global Sales, with the summons and complaint in Burnaby, British Columbia on September 13, 2023. Metzger Decl. (ROA 486) Ex. 4. CG contends personal service on its Executive Vice President for Glo...

Excerpt: ...�c performance of that contract. Little v. Pullman (2013) 219 Cal.App.4th 558, 565. The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. Id. Defendant carried its burden of proving the existence of a valid arbitration agreement by the preponde...

Excerpt: ...ims are dismissed without prejudice. The right to arbitration depends upon contract; a petition to compel arbitration is simply a suit in equity seeking specific performance of that contract. Little v. Pullman (2013) 219 Cal.App.4th 558, 565. The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of prov-ng by a preponderanc...

Excerpt: ...refers only to the "proposed settlement." Plaintiff must file with the court a proof of service identifying the specific documents served on the LWDA, when plaintiff served the documents, and how service was effected. As to the settlement: 2. The Jusuf Declaration (ROA 454, at 'l 2) states the settlement is with defendant Capital Logistics & Warehousing Group, Inc. The settlement agreement (Jusuf Decl. Ex. 1, at 1:2-3) states the settlement is wi...

Excerpt: ...10, for all civil actions filed on or before April 6, 2020, the time in which to bring the action to trial is extended by six months for a total time of five years and six months." Defendants' reliance on Ables v. A. Ghazale Bros. , Inc. (2022) 74 Cal.App.5th 823 is misplaced. In Ables, the plaintiff's personal injury action was set for trial five years and seven months after it was filed. The trial court granted the defendants' motion to dismiss...

Excerpt: ...ourt (and this department) entitled Porcayo v. So Cal Land Maintenance, Inc. and Stephen Holt Guise, OCSC case No. 2021-01236054. Civ. Præ code S 430.10(c). This is a plea in abatement: "A plea in abatement pursuant to section 430.10, subdivision (c), may be made by demurrer or answer when there is another action pending between the same parties on the same cause of action." Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781, 787...

Excerpt: ...rt. In the absence of contrary court order, a civil litigant's right to discovery is broad. Williams v. Superior Court (2017) 3 Cal.5th 531, 551. MFor discovery purposes, information is relevant if it "might reasonably assist a party in evaluating the case, preparing for trial, or facilitating settlement . " [Citation.] Admissibility is not the test and information unless privileged, is discoverable if it might reasonably lead to admissible evide...