Excerpt: ...l adds the missing sub-paragraph numbers). Counsel also should provide a red-lined version of any revised papers, including the class notice. Counsel also should provide the court with an explanation of how the pending issues were resolved, with references to any corrections to the settlement agreement and the class notice, rather than with just a supplemental declaration or brief that simply asserts the issues have been resolved. Plaintiffs' 31 ...

Excerpt: ...hat Plaintiff was properly classified as an “outside salesman under the FLSA and under the California Labor Code, and was therefore exempt from the minimum wage and maximum hour requirements of the FLSA, from California's overtime, meal and rest period requirements and the derivative wage statement requirements. (“Outside Sales Exemption Affirmative Defenses”.) Defendant Consumer Portfolio Services, Inc.'s (“CPS”) Motion for Summary Adj...

Excerpt: ...and 7 5. Mark Rhyme – Demand 8 For each PMK Topic listed above, the following language shall be stricken: “Whether [entity and/or entity] was an alter ego of any defendant in the HCR and/or Devine Actions (and/or whether the entities' structure as a limited partnership should be disregarded in these actions including without limitation.” For each Demand listed above, the following language shall be stricken: “whether [entity] was an alter...

Excerpt: ... If a revised settlement and/or proposed Class Notice are submitted, a redlined version showing all changes, deletions, and additions must also be submitted electronically to the Court. 15. Please clarify whether the FCRA/ICRAA Settlement Amount is $20,000 or $20,400. There are references to both numbers in the Settlement Agreement and Notice. This must be corrected throughout both documents. How was the amount determined to be a suitable allocat...

Excerpt: ...rado Properties Inc., Hotelcrafters LA LLC, Hotelcrafters Palo Alto LLC, Hotelcrafters Laguna LLC, Hotelcrafters Hollywood LLC, Hotelcrafters Lido LLC, Beverage- Crafters LLC (“Ferrado Defendants”) is granted. The Court finds that the Ferrado Defendants have presented sufficient evidence to support a finding that the Settlement entered into between the Ferrado Defendants, on one hand, and Plaintiffs Rodney Reichelt, Carol Reichelt, Scott Blak...

Excerpt: ... LLC, Ferrado Properties Inc., Hotelcrafters LA LLC, Hotelcrafters Palo Alto LLC, Hotelcrafters Laguna LLC, Hotelcrafters Hollywood LLC, Hotelcrafters Lido LLC, Beverage- Crafters LLC (“Ferrado Defendants”) is granted. The Court finds that the Ferrado Defendants have presented sufficient evidence to support a finding that the Settlement entered into between the Ferrado Defendants, on one hand, and Plaintiffs William Watzman and Sandy Watzman,...

Excerpt: ...ding the arbitration of the individual claims, is granted. Pursuant to CCP §1048(a), “[w]hen actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the action; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” In deciding the motion, the cour...

Excerpt: ...ment 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.” (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972; see also Green Tree Financial Corp.-Alabama v. Randolph (2000) 531 U.S. 79, 91-92). Defendant has met its initial burden on the motion. Defendant's Director of Information Systems, Technical & Operatio...

Excerpt: ...ioner 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.” (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972; see also Green Tree Financial Corp.-Alabama v. Randolph (2000) 531 U.S. 79, 91-92). Defendant has met its initial burden on t...

Excerpt: ...c facts showing good cause justifying the discovery sought by the demand.” (CCP §2031.310(b)(1)). “[A]bsent a claim of privilege or attorney work product, the party who seeks to compel production has met his burden of showing good cause simply by a fact-specific showing of relevance.” (Kirkland v. Superior Court (2002) 95 Cal.App.4th 92, 98). Once the moving party shows good cause to justify discovery of the requested materials, the burden...

Excerpt: ...9 working days after the date on which the application or appeal is filed with the commission.” (Public Resources Code §30621(a)). Thereafter, per Public Resources Code §30622, “[t]he commission shall act upon the coastal development permit application or an appeal within 21 days after the conclusion of the hearing pursuant to Section 30621.” Per Public Resources Code §30625(a), “if no action is taken within the time limit specified in...

Excerpt: ...c facts showing good cause justifying the discovery sought by the demand.” (CCP §2031.310(b)(1)). “[A]bsent a claim of privilege or attorney work product, the party who seeks to compel production has met his burden of showing good cause simply by a fact-specific showing of relevance.” (Kirkland v. Superior Court (2002) 95 Cal.App.4th 92, 98). Once the moving party shows good cause to justify discovery of the requested materials, the burden...

Excerpt: ...ioner 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.” (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972; see also Green Tree Financial Corp.-Alabama v. Randolph (2000) 531 U.S. 79, 91-92). Defendant has met its initial burden on t...

Excerpt: ...ment 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.” (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972; see also Green Tree Financial Corp.-Alabama v. Randolph (2000) 531 U.S. 79, 91-92). Defendant has met its initial burden on the motion. Defendant's Director of Information Systems, Technical & Operatio...

Excerpt: ...of . . . ,” to enable the court to more easily identify the areas of the documents in which the changes have been made. Supplemental papers must be filed at least 9 court days prior to the hearing. 1. Counsel has provided no indication that the two Notices of Errata, Hashemi Declaration and, most importantly, the most recent version of the proposed Consent Judgment (Exh. D to ROA 54, Notice of Errata), which is the version for which the parties...

Excerpt: ...at “that ‘a cause of action for malicious prosecution accrues upon entry of judgment in the underlying action…” (Id. at 1356). Unlike the factual circumstances in Pasternack, it is undisputed that judgment was entered in the underlying action, in favor of Plaintiff herein, with respect to the claims which form the basis of this Complaint. (See Reply: 3:24-4:2 and 5:18-20 [ROA No. 1612]). Per the Complaint in this action, Plaintiff is alle...

Excerpt: ...he California Rules of Court. Defendants HSA, LP and AMC-CA, Inc.'s Motion to Strike is denied. Pursuant to CCP §436, the Court may, upon a motion made pursuant to CCP §435 or at any time in its discretion, strike out “any irrelevant, false, or improper matter inserted in any pleading” or strike “out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” Wit...

Excerpt: ...ctually a motion for reconsideration, this court found that “[t]he relief sought by way of this motion is an order reinstating attorney Marc Lazo as counsel of record after this court's order disqualifying him. The motion clearly involves reconsideration of the court's previous order disqualifying Mr. Lazo. It therefore falls within the ambit of Section 1008.” (ROA 2643 at 2). CCP §1008(g) specifically states that “[a]n order denying a mot...

Excerpt: ...n Government Code §65009(c)(1)(E) because all of the alleged wrongs arise out of the City Council's June 18, 2019 decision on the Planning Commission's interpretation of the effective date of the project approvals. “A defendant moving for summary judgment based on the affirmative defense of the statute of limitations carries its burden by presenting evidence establishing that the plaintiff's claim is time barred.” (Genisman v. Carley (2018) ...

Excerpt: ...0241MMDWGC. The court stays the following eight related actions subject to a stipulation from defendant First American Title that it will submit to jurisdiction in Nevada and waive any applicable statute of limitations (as more fully explained below): 1. Deutsche Bank National Trust Company As Trustee for Ameriquest Mortgage Securities, Inc., Asset-Backed Pass-Through Certificates, Series Arsi 2006-M3 v. First American Title Insurance, Case No. 3...

Excerpt: ...Legal Standard Plaintiff must establish “by a preponderance of the evidence that the class action proceeding is superior to alternate means for a fair and efficient adjudication of the litigation.” Sav-On Drug Stores, Inc. v. Superior Ct. (2004) 34 Cal.4th 319, 332; see also Apple Inc. v. Superior Ct. (2018) 19 Cal.App.5th 1101, 1116. “The certification question is essentially a procedural one that does not ask whether an action is legally ...

Excerpt: ...o submit supplemental briefing regarding Plaintiff's amended request to permit Plaintiff's witnesses Ted Merrill and Daniel Martinez to testify regarding updated cost of repair estimates. Mr. Merrill was previously designated as Plaintiff's expert witness regarding the cost of repair. Mr. Martinez (an architect) is one of the witnesses Plaintiff seeks to add by way of this motion. In considering this second round of supplemental briefing, the cou...

Excerpt: ...h motions are now tentatively ruled upon as set forth below. Motion 1: Stewart Title's Motion for Determination of Good Faith Settlement (ROA 2518) The Motion for Determination of Good Faith Settlement bought by Stewart Title of California (“STCA”) is GRANTED insofar as it requests a finding of good faith determination. The motion is DENIED insofar as it seeks dismissal of Val-Chris Investments, Inc.'s cross-complaint. The court concludes tha...

Excerpt: ...t to C.C.P. §2034.410, “[o]n receipt of an expert witness list from a party, any other party may take the deposition of any person on the list.” While the CDG Defendants concede Dr. Reynolds was designated by another party in this action (Motion: 9:27-28), the CDG Defendants nonetheless assert that C.C.P. §2034.310 is inapplicable because Dr. Reynolds was not deposed prior to the designating party being granted summary judgment. (Motion: 10...

Excerpt: ... the nonexistence of any triable issue of material fact . . . .” Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. “A prima facie showing is one that is sufficient to support the position of the party in question.” Id. at 851. A defendant moving for summary judgment satisfies his or her initial burden by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to the caus...

Excerpt: ...Hospital Dist. (1992) 2 Cal.4th 962, 966-67.) Defendant Wu demurs to all seven causes of action in the FAC on the grounds that there is no authority for a private right of action to impose liability on an individual employee or officer of a company for wage and hour violations or a PAGA claim. Defendants contend that, per Labor Code §558.1, only the Labor Commissioner can pursue such claims. Labor Code §558.1 states: “(a) Any employer or othe...

Excerpt: ...this ruling, Plaintiff may file an amended complaint that (1) adds Doug Hughes as a defendant to the current causes of action or to new causes of action against him only; and (2) remove Medolac or any other defendant from the amended complaint. (Code Civ. Proc., § 473, subd. (a)(1).) Code of Civil Procedure section 368.5 provides: “An action or proceeding does not abate by the transfer of an interest in the action or proceeding or by any other...

Excerpt: ...ation regarding an entity that is no longer a party to this case (Adroit), and are served for the improper purpose of pressuring or embarrassing defendants by harassing Adroit's investors. CCP section 2017.010 provides that "any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any motion made in that action, if the matter either is its...

Excerpt: ... and Ms. Quintero's First Amended Short Form Complaint, shall hereinafter be referred to as the “Complaint”. Plaintiff has not filed an opposition to the motion. The unopposed motion for summary judgment is granted for the reasons set forth below. A "party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact . . .[.]" Aguilar v. Atlantic Richf...

Excerpt: ...the Court.” (ROA 55 at 2:3-5). The Riley action is Riley v. B. Braun Medical Inc. et al., Case No. 2019-01069273. This action and Riley are related and both are pending before the same department of this court. Riley which was filed in 2019 is the “earlier filed action”. Although Ferreira was filed in 2020 and is therefore the “later filed action”, Ferreira also alleges class action claims, and is accordingly more comprehensive than the...

Excerpt: ...he matters in issue in the action; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” In deciding the motion, the court usually considers the following factors:  “Timeliness of the motion: i.e., whether granting consolidation would delay the trial of any of the cases involved, or whether discovery in one or more of the cases has proceeded wi...

Excerpt: ... Braun and the Court.” (ROA 55 at 2:3-5). The Riley action [a PAGA only action] is entitled Riley v. B. Braun Medical Inc. et al., Case No. 2019-01069273. This action and Riley are related and both are pending before the same department of this court. There is a pending motion to consolidate the two cases which is also on today's calendar. (See above matter no. 6). Riley is a PAGA-only action against Defendant and staffing company Manpower US, ...

Excerpt: ...otion for summary adjudication and denied by the court unless that party establishes, to the satisfaction of the court, newly discovered facts or circumstances or a change of law supporting the issues reasserted in the summary judgment motion.” In addition, Code of Civil Procedure §1008(a) states: “When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, ...

Excerpt: ...ling; and (3) Violation of Bus & Prof Code §17200. Plaintiffs purport to assert these claims individually and on behalf of a proposed class. All three causes of action center around automobile insurance policy number MIL3864541 (the “Policy”), which Plaintiffs allege they purchased from Alliance on 3/2/19. (Compl. ¶22). Although Plaintiffs did not attach the policy to the complaint, Alliance requests that the court take judicial notice of i...

Excerpt: ...he PAGA claim and all proceedings in this court.” (ROA 53 at 1:6-9). The action before this court is a representative action for civil penalties pursuant to Labor Code § 2699, et seq., for violations of Labor Code §226(a). (ROA 2). The operative complaint specifies that Plaintiff “does not seek to recover anything other than penalties as permitted by California Labor Code §2699.” (ROA 2 at 2:10-11). Plaintiff initiated an arbitration on ...

Excerpt: ... by Respondents City, City Council and Design Review Committee of the San Juan Capistrano (“Respondents”) pursuant to the Costs Memorandum filed on 2/19/21 (ROA 433). For the following reasons, Petitioner's motion is DENIED. The prevailing party in any civil action is entitled to recover costs as a matter of right. Code Civ. Proc. §1032; Charton v. Harkey (2016) 247 Cal.App.4th 730, 737. The parties do not dispute that Respondents are the pr...

Excerpt: ...iling party or that Defendant is the prevailing party on the appeal from the original judgment. The motion is timely, as it was filed on 2/16/21, which is within 40 days of the 1/5/21 remittitur (ROA 450, ROA 437; CRC 8.278(c)(1); 3.1702(c)(1)). The court sua sponte takes judicial notice of ROA 450 and ROA 437. As to the amount awarded, a trial court has broad discretion to determine the amount of reasonable attorney's fees, as an experienced tri...

Excerpt: ...Inc. (1972) 7 Cal.3 rd 695, 706; See also Civil Code §8180). Per Civil Code §8412 and Civil Code §8180(a), the maximum period in which a mechanic's lien may be recorded is 150 days from the date of cessation of labor (i.e. 60 days after cessation is “completion” and then 90 days from completion). “Courts have looked at whether the work at issue was required under the claimant's contract in determining whether a work of improvement was co...

Excerpt: ...roval stage. Is there a difference between a “unique individual record” and a “class member”? Is the reduction due to the fact that some putative class members names were originally included more than once on the list of potential class members? At the preliminary approval stage, the court was informed there would be 332,985 Class Members. (Hodne Decl. ¶9). The court needs an explanation for this discrepancy. 2. Where the Administrator m...

Excerpt: ...ng Declaration and Defendant's Exhibit 8 [pg. 132], at §1(b)). (Emphasis added.) The question then is whether the claim in the underlying action for damages arising out of the death of Ms. Jeaneen Bell was caused by the acts or omissions of Plaintiff Turner's subcontractor, Day Star, so as to permit coverage of Turner under the Endorsement. “An insurer's duty to defend is determined in the first instance by comparing the allegations of the com...

Excerpt: ... matters raised in the surreply are not alleged in the Fifth Amended Complaint (5AC) and also were not raised in the Oppositions to any of the three Motions for Summary Judgment before the court. A “trial court has broad discretion . . . to refuse to consider papers served and filed beyond the deadline without a prior court order finding good cause for late submission. Mackey v. Bd. Of Trustees of California State Univ., 31 Cal.App.5th 640, 657...

Excerpt: ...heories” upon which those allegations are based. The allegations at issue are pled at (1) page 4, line 28 through page 5, line 13, and (2) page 6, line 2 of the FAC. The notice requirement is found in Labor Code § 2699.3(a)(1) and reads: “The aggrieved employee or representative shall give written notice by online filing with the Labor and Workforce Development Agency and by certified mail to the employer of the specific provisions of this c...

Excerpt: ...d judgment which did not match the definition in the Settlement Agreement. The court suggests that moving parties consult the “Guidelines for Approval of PAGA and Class Actions” published on this court's Tentative Rulings Site. Doing so may assist in the preparation of declarations and proposed orders more consistent with this court's expectations. The documents presented for the upcoming February 26, 2021 hearing are still inconsistent regar...

Excerpt: ...d a private person lacks an independent legal right to bring the action, a person who is not a party but who is represented by the agency is bound by the judgment as though the person were a party.”) The trial court must “review and approve” a PAGA settlement. (Labor Code §2699(l)(2)). As the California Supreme Court explained: “PAGA settlements are subject to trial court review and approval, ensuring that any negotiated resolution is fa...

Excerpt: ... assaulted proves it was as the result of a cover up. In Los Angeles City Metropolitan Transportation Authority v. Superior Court (2004) 123 Cal. App. 4th 261, the court held that there are distinctions between punitive damages and civil penalties, and that a $25,000 penalty under the Unruh Act does more than just punish; it is designed to ensure that the plaintiff will receive at least a minimum amount of compensation. 123 Cal. App. 4th 275-76. ...

Excerpt: ...ch the project was carried out.” (Id. at 723). “A project's completion also moots requests to set aside or rescind resolutions authorizing the project.” (Id.). “It also moots an action seeking to require preparation of an EIR for a particular project.” (Id., citing Wilson & Wilson v. City Council of Redwood City (2011) 191 Cal.App.4 th 1559, 1575-1576). Here, similar to Parkford, petitioner challenges approval of a building project with...

Excerpt: ...te of limitation applies to claims for nuisance. (C.C.P. §338(b)). The statute of limitations begins to run once the cause of action has “accrued”. Traditionally at common law, ‘a cause of action accrues ‘when [it] is complete with all of its elements' – those elements being wrongdoing, harm, and causation.” (Aryeh v. Canon Business Solutions, Inc. (2013) 55 Cal.4 th 1185, 1191). “This is the ‘last element' accrual rule: ordinari...

Excerpt: ...D.D.S. challenges the first, second, seventh and eighth causes of action, on the basis defendant's care was within the applicable standard and did not cause plaintiff injury. (Motion: 6:20-23). In support of this motion, defendant relies on the declaration of Gregory Olson, D.D.S., who declares: “Based upon my education, training, and experience as a licensed and practicing dentist (and educator of dentists and dental students), it is my expert...

Excerpt: ...ake, inadvertence, surprise, or excusable neglect.” “The test of whether neglect was excusable is whether ‘a reasonably prudent person under the same or similar circumstances' might have made the same error.” (Luri v. Greenwald (2003) 107 Cal.App.4 th 1119, 1128). The above provision applies to relieve parties “from the effect of a delay in taking procedural steps which do not involve pleadings” and specifically has been applied “wh...

Excerpt: ...rformed by YOU for SWEEGEN; 2. All DOCUMENTS or COMMUNICATIONS between YOU and any of THE CHENS and/or WENTHE and/or Mike Healy related to any work performed by YOU for any DEFENDANT; 3. All DOCUMENTS or COMMUNICATIONS between YOU and SWEEGEN related to the scope of any work YOU performed for SWEEGEN; 4. All DOCUMENTS received from SWEEGEN in order to conduct any work, review, or audit of SWEEGEN; 5. All requests by YOU for information or DOCUMEN...