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...

Excerpt: ...l confirmation from the LWDA that plaintiff submitted with the moving papers and supplemental papers (Bokhour Decl. (ROA 131) Ex. C; Supp. Bokhour Decl. (ROA 146) Ex. A) refer only to the "proposed settlement." In addition, the Bokhour Declaration (ROA 131) at paragraph 64 states plaintiff served the proposed settlement on the LWDA, but does refer to service of the moving papers on the LWDA in contrast to paragraph 5 of the Supplemental Bokhour D...

Excerpt: ...re presumed to be open. Cal. R. Ct. 2.550(c). A record must not be filed under seal without a court order. Cal. R. Ct. 2.551 (a). The court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties. ld. A party requesting that a court record be filed under seal "must file a motion or an application for an order sealing the record." Cal. R. Ct. 2.551(b)(1). "The motion or application must be accomp...

Excerpt: ... or the MVP IUL Accelerator policies relating to product design, design and content of illustrations, design and content of MARKETING MATERIALS, disclosures of PDX POLICY or MVP IUL Accelerator policy charges and the PERFORMANCE FACTOR, the use and content of TRAINING MATERIALS, and analyses of future financial performance." under California's broad discovery laws, plaintiff is entitled to discovery of "any matter not privileged, that is relevant...

Excerpt: ...d (Settlement Agreement '1 22 (Davis Decl. (ROA 90) Ex. 1)). In addition, the PAGA Period defined in the class notice (S 7) is not consistent with paragraph 22 of the settlement agreement. What is the end date of the PAGA Period? 2. The definition of "Released Class Claims" (Settlement Agreement '1 29 (Davis Decl. (ROA 90) Ex. 1)) should be limited to the claims asserted in the operative complaint or that reasonably could have been asserted in th...

Excerpt: ...le, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future violations, and maximize enforcement of state labor laws. See Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 55, 77. 3. Regarding the cy pres recipient (Legal Aid Foundation of Los Angeles), the parties and defendants' counsel should submit declarations stating that they do not have any interest in or relationship with the recipient. A declaration...

Excerpt: ...m certification that render proceeding as a class superior to the alternatives. In turn, the community of interest requirement embodies three factors: (1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the class; and (3) class representatives who can adequately represent the class." Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004, 1021 (internal quotes and citations omit...

Excerpt: ... rule, or an order of the court. Cal. Civ. Proc. Code S 436. The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notce. Civ. Proc. Code S 437(a). Defendant contends the court should strike several portions of the first amended complaint in which plaintiff allegedly defines the class period as follows: "'[t]he term Class Period is defined as any t...

Excerpt: ...tion 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 proving by a preponderance of the evidence any fact necessary to its defense. ld. ...

Excerpt: ...event the VA2 and VA4 air gaps are delisted. The court also inquired about the likelihood that the VA2 and/or VA4 air gaps will be delisted. 8/31/23 Order (Judge Wilson). Plaintiff states in his supplemental brief (ROA 115) that he will monitor the listed status of the VA2 and VA4 air gaps by checking the "appropriate website monthly," and will bring an appropriate moton "in the event of violation of the injunction." How long will plaintiff monit...

Excerpt: ...litigation costs (not to exceed); $7 for settlement administration costs (not to exceed); and $90ßW03 total PAGA penalties ($67,500.W to the LWDA). Plaintiff is ordered to submit a revised order within 5 court days that includes the following revisions: A. The title of the document on the caption page should include "and PAGA" before "settlement." 8. The preliminarily approved disbursements and not to exceed amounts should be set forth in the pr...

Excerpt: ...ambiguous since it is not limited to claims, etc. for civil penalties under PAGA." 8/3/23 Order (Judge Wilson). The parties revised some of the releases, but did not address this issue with res#ct to section D.I. of the settlement agreement. In its September 14, 2023 order, the court observed that the release in section 0.1. remained overly broad and ambiguous. 9/14/23 Order. The release in section D.l. remains overly broad and ambiguous as it is...

Excerpt: ...]ased on information from Defendants' counsel and Plaintiff's counsel, the dispute was rejected because pertained to tme the Class Member worked for a different employer." The Notice(s) of Dispute, including any accompanying documentation, should be filed with the court. See Order Granting Preliminary Approval of Class Action and PAGA Settlement Ex. 1 (Amended Settlement Agreement & Stipulation, 47) (5/12/23, ROA 115). In addition, counsel should...

Excerpt: ...ice of the motion for final approval on the LWDA. 2. Plaintiff's counsel must disclose whether counsel has any fee-splitting arrangement with any other counsel, including the exact percentages, or confirm none exists. Barnes, Crosby, Fitzgerald & Zeman, LLP v. Ringler (2012) 212 Cal.App.4th 172, 184; Cal. R. Ct. 3.759(b). As to the proposed order 3. The first paragraph should refer to the Addendum to the Joint Stipulation of Settlement and includ...

Excerpt: ...ed complaint alleges four causes of action against the Commenda entities: breach of fiduciary duty; aiding and abet-tng breach of fiduciary duty; negligence; and receiving stolen property pursuant to Penal Code section 496. Plaintiff's claims arise out of California transactions, including an Assignment for the Benefit of Creditors (ABC) and the creation of a California subsidiary (GPAR) to serve as the assignee for the ABC transaction. For the f...

Excerpt: ...certification that render proceeding as a class superior to the alternatives. In turn, the community of interest requirement embodies three factors: (1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the class; and (3) class representatives who can adequately represent the class." Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004, 1021 (internal quotes and citations omitte...

Excerpt: ....e„ a class action in the Central District of California. Civ. Proc. Code S 430.10(c); Notce of Motion at 2:8-10. 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. This special demurrer lies only where th...

Excerpt: ...acopian Decl. Ex. A) is not signed. 2. The First Amendment does not address whether the deadline for submitting workweek challenges for remailed Class Notices is 60 days from the date of remailing. The revisions in paragraph 56(c) of the First Amendment address opt-out requests, and paragraph 57(c) does not address the extension of the challenge period for remailed notices. The revised proposed order applies the extension to challenges. See Revis...

Excerpt: ...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, including the supplemental papers, filed in support of plaintff's motion for approval of a...

Excerpt: ... that if escalator clause applies "the Gross Settlement Amount shall be increased proportionally by the Workweeks worked in excess of 11,550 workweeks multiplied by the per Workweek Value"). Also, citing section 3.2.4 of the settlement agreement, the Supplemental Gould Declaration states the escalator clause is not applicable and Workweek Value "is calculated based upon the agreed upon GSA amount." Supp. Gould Decl. (ROA 96) 3. Section 3.2.4 stat...

Excerpt: ...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, including the supplemental papers, filed in support of plaintiff's motion for approval of a $50,000 PAGA se...

Excerpt: ...e revised Proposed Order (ROA 266) served on the LWDA? The proof of service (ROA 270) does not reflect service of those documents on the LWDA. As to the settlement: 2. The Supplemental McNicholl Declaration states the parties have filed a stipulation for plaintiff Diaz to file a third amended complaint that modifies the proposed class to match the settlement. Supp. McNicholl Decl. 8. No stipulation has been filed with the court. Accordingly, neit...

Excerpt: ...tructed the parties to include in the proposed order a determination of how the case would be resolved, i.e., by means of an order approving the settlement and entry of judgment, or by means of an order approving the settlement with a request for dismissal of the action to be filed later. The amendment to the settlement agreement (Pimentel Decl. Ex. 2 (Amendment No. 1 to Joint Stipulation of PAGA Settlement and Release)) requires both entry of ju...

Excerpt: ...ndment to any pleading ... ." The court's discretion will usually be exercised liberally to permit amendment of the pleadings. Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428. Plaintiffs seek leave to file a first amended complaint to add a cause of action for "unlawful retaliation by landlord." Plaintiffs allege that after they "organized and/or participated in an association or organization to exercise their rights under the law...

Excerpt: ...ition. For the following reasons, defendants' demurrer is overruled. In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th...

Excerpt: ...g reasons, defendants' demurrer is sustained with leave to amend. In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 13...

Excerpt: ...affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint, a court will not consider facts that have not been alleged in the complai...

Excerpt: ...et One) on January 28, 2022. On April 29, 2022 defendant served responses. Plaintiff's counsel sent defense counsel a meet and confer letter on June 3, 2022. Goldsmith Decl. Ex. 3. Defense counsel replied to plaintiff's counsel's letter by letter on June 13, 2022. Id. Ex. 4. In the June 23, 2022 letter, defendant agreed to produce (i) additional responsive “TSBs” (Request No. 29); (ii) upon entry of a protective order, defendant's “Warranty...

Excerpt: ...ntiff Patricia Kells as trustee of the Patricia Lynn Kells Living Trust. The court granted defendants' motion for summary judgment on March 9, 2023. See 3/9/23 Order & 3/27/23 Judgment. For the following reasons, defendants' motion is granted. A. Entitlement to Attorneys' Fees Plaintiff is the widow of Robert T. Kells, Jr. (Robert) a former member of defendant Blueridge Business Group. Robert initially owned 20% of Blueridge; Robert sold 5% of hi...

Excerpt: ...udgment on the cause of action. Cal. Civ. Proc. Code § 437c(p)(1). Once the plaintiff has met that burden, the burden shifts to the defendant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. Id. Plaintiff's third cause of action alleges violation of Civil Code section 1632 against defendants Ben Auto Haus, LLC and San Diego County Credit Union. Plaintiff alleges defendant Ben Auto ...

Excerpt: ...of the former Redlands chapter of the Pateadores Soccer Club. Second Amended Complaint (SAC) ¶ 1. Defendant MVPI operates as the Pateadores Soccer Club, which consists of various geographical chapters. Id. ¶ 2. Defendant Brosnan is the Vice President of Operations and the Secretary of the Board of Directors of MVPI. Id. ¶ 3. Defendant Briggs has served as the Chief Executive Officer of MVPI, the Chief Financial Officer of MVPI, and Chairman of...

Excerpt: ... 2019. Attorney Frank Sariol substituted out as plaintiff's counsel by means of a substitution of counsel filed on May 24, 2021. ROA 66. Plaintiff's motion does not seek an order declaring the lien asserted by Sariol Legal invalid. Attorney Steven R. Young became plaintiff's counsel of record by means of the same substitution of counsel. ROA 66. On July 20, 2021 plaintiff filed a Notice of Association Counsel stating plaintiff associated Jerisat ...

Excerpt: ...pel is granted in part and denied part. Defendant B E Products, Inc. moves for entry of a protective order governing “confidential information” produced in this case. The court exercised its discretion to consider plaintiffs' late-filed opposition. Defendant's motion for entry of a protective order is granted in part and denied in part. Requests Nos. 30, 39, 62 and 63 seek relevant information and/or are reasonably calculated to lead to the d...

Excerpt: ...or the reasons set forth in the court's April 6, 2023 order. See 4/6/23 Order. In sum, and as further detailed in the April 6, 2023 order, the court denied plaintiffs' application because plaintiffs' complaint does not allege sufficient facts to state causes of action against defendants, and because neither the complaint nor plaintiffs' application demonstrated why plaintiffs would be owed $97,530.85. Id. The court's order was “without prejudic...

Excerpt: ...ns, defendant's motion to quash is granted. Defendants' alternative motion to dismiss or stay the action for inconvenient forum is denied as moot. Plaintiff alleges he resided in Orange County, California “at all times relevant,” and defendants Julie Moss, Kelly Price, and Sarah Foss reside in McLennan County, Texas. Plaintiff alleges defendants violated California Penal Code sections 630 through 637.5 by surreptitiously recording “at least...

Excerpt: ...erformance 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. In a petition to compel arbitration, the trial court must first determine whether an “agreement to arbit...

Excerpt: ...ling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman ...

Excerpt: ...must accept as true all allegations of fact contained in the complaint. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (...

Excerpt: ...he legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint, a court will not consider facts that have not...

Excerpt: ...k v. Kirwan (1985) 39 Cal.3d 311, 318. A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556. Because a demurrer tests only the sufficie...

Excerpt: ... challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint, a court will not consider f...

Excerpt: ...annot be established, or that the defendant has a complete defense to the cause of action. Cal. Civ. Proc. Code § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-51. If a defendant does not meet this initial burden, the plaintiff need not oppose the motion and the motion must be denied. Binder v. Aetna Life Ins. Co. (1999) 75 Cal.App.4th 832, 840. If the defendant meets this initial burden, the burden shifts to the plain...

Excerpt: ...ditionally under seal. Plaintiff has filed a motion to seal one page of deposition testimony attached to the Kim Declaration filed in support of Stansberry's motion. The motion to seal is scheduled for hearing on August 10, 2023. While the court has read the page plaintiff seeks to seal, the information in that page does not bear on the below ruling, and the court thus does not discuss the information in that page below. Plaintiff has not filed a...

Excerpt: ...John Leonard, Lee Selby, Virginia Terry, Don Trim and Marge Mitchell on its first cause of action for quiet title and its second cause of action for declaratory relief. For the following reasons, South District's motion is granted. A plaintiff seeking summary judgment meets its burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on the cause o...

Excerpt: ...es Plaintiff alleged it entered into signed retainer agreements with Saatchi and Edalat, respectively, for the provision of legal services, and that each defendant failed to pay amounts due. The court found plaintiff proved the existence of a contract with each defendant (TE 1, 20), proved plaintiff's performance under the contracts (i.e., plaintiff proved it provided legal services to each defendant in accordance with the contract), and proved e...

Excerpt: ...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 proving by a preponderance of the evidence any fact necessary to its defense. ld. In a petition to compel arbitr...

Excerpt: ...ion for an order which was refused in whole or in part . . may make a subsequent application for the same order upon new or different facts, circumstances, or law, in which case it shall be shown by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown." Defendants contend that since the court denied defendants' first mo...

Excerpt: ...fendant and cross-complainant Union Pacific Railroad, and defendant and cross-defendant P&B Intermodal Services, LLC oppose. For the following reasons, XPO's motion is denied. California Civil Procedure Code S 877.6(a)(1) states that any party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered int...

Excerpt: ...ected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal. , Inc. (2002) 101 Cal.App.4th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint, a court will not consider facts that have not been alleged in the complaint...

Excerpt: ...demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal. , Inc. (2002) 101 Cal.App.4th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint, a court will not c...