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: ...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: ... 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...