Excerpt: ...redlined version showing all changes, deletions, and additions must also be submitted electronically to the Court. Any revised proposed order should be submitted in two formats. One copy should be filed in Word version, and another copy in .pdf with attachments, including the class notice and related forms to be provided to the class Issues: 1. Counsel for both parties are to inform the Court of any other matter(s) of which they are aware which m...

Excerpt: ...dients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that he or she does not have. (7) Representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another. (9) Advertising goods or services with intent not to sell them as advertised. (13) Making false or misleading statem...

Excerpt: ...he one hand, and defendants, cross-defendants and Cross-complainants Young Chin Kim and Kyong Ja Kim, on the other hand, have settled all claims between them for a payment of $475,000 through the Kims' insurer. In the initial application, the Kims argued that the settlement amount represented the full amount of remediation of the contamination which is the subject of this litigation. In subsequent papers, the Kims argued that the settlement amoun...

Excerpt: ...Court first notes that it denied the original motion on procedural as well as substantive grounds. Specifically, Defendant failed properly identify the allegation to be stricken from the 3rd cause of action in its notice of motion. The notice identified page 18, lines 4-5 which is not part of the 3rd cause of action. A similar procedural error dooms this motion for reconsideration. As referenced above, Defendant's original motion sought to strike...

Excerpt: ...documentation, Plaintiff has conducted adequate discovery and investigation into claims that Defendant failed to reimburse employees for uniform and cell phone expenses. Motion for Preliminary Approval at 1:3-21, 2:20-27; 3:23-6:28 and 7:13- 8:13. The Court is also satisfied that Plaintiff has considered the risks of a denial of class certification on the non-reimbursement alleged labor law violations such as claims for unpaid minimum wages and o...

Excerpt: ...iness in the State of California. The demurrer and motion to strike are supported by a Request for Judicial Notice which attaches Plaintiffs' “Business Searches” for Defendant and Defendant's counsel on the California Secretary of States Website. The Request for Judicial Notice is denied as superfluous regarding Defendant Fidelity National Title Group because Defendant admits it is not registered to do business in California. The request is d...

Excerpt: ...��) move for summary judgment on their Cross-Complaint to Set Aside Void Judgment or, in the alternative, for summary adjudication of the single cause of action contained in the cross- complaint. The motion is brought on the grounds that the judgment obtained by Plaintiff HCR Moorpark Investors, LLC (“HCR”) in 2012 is void because HCR, a Delaware LLC, filed a Certificate of Cancellation in 2008 and did not correct the cancellation until 2017....

Excerpt: ...ecoveries for the class members as a whole should also be stated. For final approval as to the fee and cost requests, evidence should be presented as to the services provided by counsel, including time records, to allow the Court to evaluate the lodestar, and as to the basis for the costs claimed, including supporting documentation for all claimed costs. Plaintiffs' counsel must also either address any fee-splitting arrangement with any other cou...

Excerpt: ...efendant James Baldwin, Orci Inc and Orc Investments LP's Joinder in Motion to Strike First Amended Cross-Complaint 6)Plaintiff Faith Devine in her Capacity as Successor Receiver for Fostar, LLC and JB Finco LLC's Motion to Strike First Amended Cross-Complaint of Ronald Therrien and Noble Court I. HCR MOORPARK'S DEMURRERS TO THE ALAN G. RYE AND OTAY VILLAGE CROSS-COMPLAINTS For the reasons set forth in the related matter of HCR v. Baldwin, Case N...

Excerpt: ...r. Lazo's cross-complaint in 1-800-Battery, Inc. v. Lazo is brought by Lazo, Hattouni and H&L Holdings against Keller, 1-800-Battery, Inc. and Marcus La Pittus. The stipulation which is the basis of this action is referenced in a single cause of action in the First Amended Cross-Complaint (the governing pleading when this motion was filed) and in two causes of action in the Second Amended Cross-Complaint (which is the subject of a motion to strik...

Excerpt: ...P)'s cross-complaint are sustained with leave to amend. The 2nd causes of action in the two cross-complaints are nearly identical and assert extrinsic fraud. The 3rd causes of action in the two cross-complaints are also nearly identical but assert extrinsic mistake. Extrinsic fraud (2nd causes of action). A judgment may be set aside for extrinsic fraud. “Extrinsic fraud usually arises when a party is denied a fair adversary hearing because he h...

Excerpt: ...e (Long Form) DEMURRER Defendants, with the exception of James Kidong Cho and Tiffani C. Wu, demur to the 1st - 13th causes of action, as supplemented by the Short Form Complaints, on the grounds that each cause of action is uncertain and fails to state sufficient facts. 1st, 2nd and 8th causes of action. [1] Defendants demur to the First Cause of Action for Professional Negligence, Second Cause of Action for Lack of Informed Consent and Eighth C...

Excerpt: ...ing an action on behalf of an individual or in the public interest, and 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.”) Accordingly, the trial court must “review and approve” a PAGA settlement. Cal. Lab. Code § 2699(l)(2). There is little direction in either the statute or the cases as to the...

Excerpt: ...mended Complaint in this action is granted. Plaintiffs are ordered to file and serve an original copy of the proposed Verified Second Amended Complaint within five days of this order. Defendant 3132 Montego Rd. LLC's Motion for Leave to File a Cross-Complaint Defendant 3132 Montego Rd. LLC's motion for leave to file a cross-complaint is granted. Pursuant to CCP § 426.50, a motion to file a cross-complaint “shall” be granted in the absence of...

Excerpt: ... Dr. Ashley Wysong's Motion to Strike Second Amended Cross-Complaint 7)Status Conference MOTION TO STRIKE Plaintiff/Cross-Defendant 1-800-Battery, Inc. and Cross-Defendants Richard Keller, Morton La Pittus, and Dr. Ashley Wysong's motion to strike Cross-Defendants' Second Amended Cross-Complaint is denied. On December 15, 2017, the Court gave Cross-Complainants Marc Y. Lazo, Jacques Hattouni 30 days in which to amend the 3rd, 10th and 11th causes...

Excerpt: ... venture allegations appear in ¶¶ 12 and 13 of the Fourth Amended Complaint: 12. Plaintiff is informed and believes, and thereon alleges, that the Developer Defendants created a number of corporate entities that all share a series of characteristics that define them all as alter egos of one another, as they were all formed to avoid debts and obligations. 13. Plaintiff is informed and believes, and thereon alleges, that there exists, and at all ...

Excerpt: ...e Supreme Court's statements in Livitsanos arguably created the impression that claims for intentional or negligent infliction of emotional distress are not preempted by the Workers' Compensation law in two situations namely, (1) where the employer's conduct contravenes fundamental public policy or (2) where the employer's conduct exceeds the risks inherent in the employment relationship. But as the Supreme Court later explained in Miklosy v. The...

Excerpt: ...ees and costs. CC §1794(d). In determining what was reasonable, the Court may examine factors “such as the complexity of the case and procedural demands, the skill exhibited and the results achieved. If the time expended or the monetary charge being made for the time expended are not reasonable under all the circumstances, then the court must take this into account and award attorney fees in a lesser amount.” Goglin v. BMW of North America, ...

Excerpt: ...ing in 3713 which is the earlier filed complaint in which only an individual claim was originally pled. The caption of the First Amended Class Action Complaint reflects both individual and class claims. The pleading alleges the following seven causes of action: 1. Failure to Pay Overtime 2. Failure to Pay for All Hours Worked 3. Failure to Provide Meal Periods 4. Failure to Provide Rest Breaks 5. Failure to Provide Accurate Itemized Wage Statemen...

Excerpt: ...2016) 246 Cal.App.4th 1047, 1060. Plaintiff acknowledged executing the agreement. Thus, an agreement to arbitrate exists that potentially covers Plaintiff's claims, all of which arise out of his employment. Plaintiff asserts, however, that the agreement is not enforceable because it is unconscionable. Whether the Court may consider the unconscionability issue depends on whether the delegation clause in the agreement is enforceable. If the delegat...

Excerpt: ...te has no substantial relationship to the parties or the transaction and there is no other reasonable basis for the [parties'] choice, or . . . application of the law of the chosen state would be contrary to a fundamental policy of a state which has a materially greater interest than the chosen state in the determination of the particular issue and which . . . would be the state of the applicable law in the absence of an effective choice of law b...

Excerpt: ...ts of that article. (C) There is an overriding need for the plaintiff to possess the property prior to the issuance of final judgment in the case, and the plaintiff will suffer a substantial hardship if the application for possession is denied or limited. (D) The hardship that the plaintiff will suffer if possession is denied or limited outweighs any hardship on the defendant or occupant that would be caused by the granting of the order of posses...

Excerpt: ...r claims. In Diaz' amendment, she points out that although she did not formally schedule her claims against BofA as an asset in the bankruptcy, she identified BofA as a secured creditor on Schedule D and identified that she had a claim against BofA on her Statement of Intention. Exhibit 1 to Diaz Dec. "[T]he `bankruptcy code place[s] an affirmative duty on [the debtor] to schedule his assets and liabilities. [Citation.] . . . [¶] "The debtor has...

Excerpt: ... mortar restaurant) offers the tacos individually and if she had purchased the tacos through the app, the price would have been 20 cents cheaper than it was when purchased by her at the restaurant, e.g. $7.50 for two chicken and one steak. Complaint, ¶¶ 8-10. However, according to the allegations of the complaint, tacos at the restaurant were offered only as an order of three tacos using one type of meat, e.g. $7.70 for three steak tacos; $7.70...

Excerpt: ...errors and confusion created by “the inept pleader” are to be forgiven if the pleading contains sufficient facts entitling plaintiff to relief]. Moreover, a demurrer for uncertainty is not intended to reach the failure to incorporate sufficient facts in the pleading, but is directed at the uncertainty existing in the allegations actually made. People v. Lim (1941) 18 Cal.2d 872, 883; Fenton v. Groveland Community Services Dept. (1982) 135 Cal...