Excerpt: ... to opt out. The process used in Belaire-West was recently summarized and approved by the California Supreme Court in Williams v. Superior Court (2017) 3 Cal.5th 531, at 553: “The Belaire-West trial court was correct to order disclosure, subject to employees being given notice of the action, assurance they were under no obligation to talk to plaintiffs' counsel, and an opportunity to opt out of disclosure by returning an enclosed postcard.” P...

Excerpt: ...DEFENDANT HASSAN SAFARPOUR DBA MPH CONSTRUCTION COMPANY DEMURRER TO SECOND AMENDED COMPLAINT 6.DEFENDANTS M&M ENGINEERING DESIGN AKA M&M DESIGN FIRM AND VALERI KINLOV KARAKANOV DEMURRER TO SECOND AMENDED COMPLAINT 7.DEFENDANT M&M ENGINEERING DESIGN AKA M&M DESIGN FIRM AND VALERI KINLOV KARAKANOV MOTION TO STRIKE PORTIONS OF COMPLAINT Demurrer of Defendant Applied Geotechnical, Inc. Defendant Applied Geotechnical, Inc. (”AGI”) demurs to 9th (i...

Excerpt: ...013) 219 Cal.App.4th 948, 960 [internal citations and quotation marks omitted.]” A claim under the UCL "may be based on representations to the public which are untrue, and also those which may be accurate on some level, but will nonetheless tend to mislead or deceive.... A perfectly true statement couched in such a manner that it is likely to mislead or deceive the consumer, such as by failure to disclose other relevant information, is actionab...

Excerpt: ...Albertson Companies, Inc., rather than Albertsons LLC and because Plaintiff's name was slightly misspelled. Defendant does not, however, point to any place in the complaint or provide any judicially noticeable evidence to support that Defendant was actually ignorant of the LWDA complaint within the one-year statute of limitations or that the LWDA did not have sufficient information to investigate. In determining a demurrer, the Court may look to ...

Excerpt: ... forth the essential facts of his case with particularity sufficient to acquaint a defendant with the nature, source and extent of his cause of action.” Alch v. Superior Court (2004) 122 Cal.App.4th 339, 382. A plaintiff does not need to allege evidentiary facts. C.A. v. William S. Hart Union H.S. Dist. (2012) 53 Cal.4th 861, 872; Centex Homes v. Superior Court (2013) 214 Cal.App.4th 1090, 1102. There is no need to require specificity in the pl...

Excerpt: ...dicial Notice is granted as to Exhibits 3-26. The request is superfluous as to Exhibits 1, 2 and 27—all of which are documents on file in this case—and may be considered by the Court without a request. Defendants' demurrer on the ground of misjoinder is overruled. Defendants' demurrers on ground of lack of standing are sustained with leave to amend as to Plaintiffs Coye Decuir, Martha Diaz, Raivie Galura, Ruffel Galura, Michael Gauthier and B...