Excerpt: ..., the court concludes that Agile has failed to meet its burden of authenticating plaintiff's purported electronic signature to the arbitration agreement. Agile provides the declaration of one of its customer service representatives and the on -site representative fo r Agile at Ortronics, Inc., Laura Caratachea, who is responsible for ensuring that employees complete their onboarding documentation. (Caratachea Dec. ¶3.) She states she was respons...

Excerpt: ... to the settl ement agreement rather than any amended settlement agreement. Counsel also must provide a red -lined version of any revised papers, including the proposed letter to the aggrieved employees. 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 proposed letter to the aggrieved employees, rather than with just a suppleme...

Excerpt: ...gations of th e parties under the agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of California. (FAC, Ex. 4 §5(11).) Further, defendants are California residents, and the Home Solicitation Sales Act seeks to regula te conduct by defendants. Thus, plaintiff may seek to enforce the Act. As to the Second Cause of Action, plaintiff's allegations adequately plead the existence of a fiduciary rela...

Excerpt: ...2024 at 9:0 0 a.m. The parties must file a Joint Status Report at least a week before the hearing, and may request a continuance if arbitration is not yet complete. The court concludes that there exists a valid agreement to arbitrate the individual claims asserted b y plaintiff in his Tenth Cause of Action for Violation of California Business & Professions Code §§17200, et seq. and that no grounds exist to bar enforcement of the agreement. CCP...

Excerpt: ...tober 24 , 2024 at 9:00 a.m. The parties must file a Joint Status Report at least a week before the hearing, and may request a continuance if arbitration is not yet complete. The court concludes that there exists a valid agreement to arbitrate the individual clai ms asserted by plaintiff and that no grounds exist to bar enforcement of the agreement. CCP §1281.2. Defendant has shown the existence of a signed arbitration agreement dated November ...

Excerpt: ...des, “Any city receiving notice of the action filed against the board and the county may, within 30 days of the receipt of that notice, intervene in that action.” The court need not concern itself with what the statute might imply, because the text is unambiguous. The right of intervention belongs to a city, and DWA is not a city. As the court noted in Busse v. United PanAm Financial Corp. (2014) 222 Cal. App. 4th 1028, 1038, “The classic ...

Excerpt: ...s will be sp lit between the two law firms representing plaintiff and the class, so that the court can approve separate attorneys' fees awards. The initial preliminary approval papers stated there was no fee splitting, without any supporting citation. The Class Notic e said that Class Counsel is Kingsley and Kingsley, but Abramson Labor Group is on the caption and plaintiff declares in ¶6 of his declaration that he consented to a fee -splitting...

Excerpt: ...erbroad word “REFER”. Defendants also must serve all d ocuments responsive to Request for Production Nos. 14, 19, 20- 22, 45, 50, 56, 58- 60, 70-72 and 75 within 20 days, except that Request Nos. 14, 19, 56 and 72 will be deemed to exclude the overbroad word “REFER”. Such documents should include the pay summaries, time records, commission reports and commission summaries for all putative class members. Defendants also must serve a veri�...

Excerpt: ...commission reports and commission summaries for all put ative class members, within 20 days. Plaintiffs served a request for production of documents seeking documents relevant to seeking class certification, including documents concerning the “salaries, wage levels, hourly rates, commissions, and/or bonuses of each and every COVERED EMPLOYEE” (Request for Production No. 72). Defendants provided unverified responses with various objections t...

Excerpt: ...r Competition Law. Defendant challenges the pleading on the ground that plaintiff has failed to allege a defect in materials or workmanship, as required under 13 C.C.R. §2037(b)(2). Plaintiff relies on 13 C.C.R. §2037(b)(1), which discusses design issues, but the extended warranty is found only in 13 C.C.R. §2037( b)(2) and requires a defect in materials or workmanship. Plaintiff's Second Amended Complaint adds legal arguments as to why the Em...

Excerpt: ...so should provide a red -lined version of any revised papers, inc luding 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 declarati on or brief that simply asserts the issues have been resolved. The moving papers do not include a copy of the letter that was se...

Excerpt: ...hours on this case. Objector Andrew Mapes' Objection to Settleme nt is overruled. Plaintiff has adequately explained the large increase in the number of class members, and has justified the gross settlement amount remaining unchanged. Objector argues that plaintiff failed to provide sufficient information for the cour t to evaluate the validity of the Pick Up Stix settlements in this case. Objector concedes there is no controlling authority perm...

Excerpt: ...fendant's motion to stay proceedings pending the outcome of the arbitration of plaintiff Piplack's individual PAGA claim. Defendant's Objections to the Robinson Declaration are sustained as to #6, and overruled as to #1 - 5 and 7- 11. Defendant's Objections to the Sherrod Declaration are sustained as to #1 -3, and o verruled as to #4. Defendant's Request for Judicial Notice is denied as irrelevant. Zucchet v. Galardi (2014) 229 Cal. App. 4th 1466...

Excerpt: ...ave standing to bring this motion, let a lone adequate grounds for disqualification of plaintiff's counsel as class counsel in this action. Standing generally requires that the party be able to allege an invasion of a legally protected interest. Great Lakes Construction, Inc. v. Burman (2010) 1 86 Cal. App. 4th 1347, 1356. Generally, before the disqualification of an attorney is proper, the complaining party must have or have had an attorney -c...

Excerpt: ...ould provide a red -lined version of any revised papers, inc luding 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 declarati on or brief that simply asserts the issues have been resolved. Plaintiff has not filed her First Amended Complaint containing a PAGA...

Excerpt: ...that the court improperly ruled on the demurrer without taking into consideration that plaintiff was going to seek leave to file a First Consolidated Class Action Complaint in the related case of Carlson/Aresh v. Hunt. However, plaintiff has since withdrawn his motion seeking leave to file a consolidated class action complaint, rendering this argument moot. The court previously ruled that plaintiff improperly split his causes of action between ...

Excerpt: ...aywood 1, LLC. Specifically, Judgment Creditor has shown the required elements that (1) the parties to be added as judgment debtors had control of the underlying litigation and were virtually represented in that proceeding; (2) there is such a unity of interest and ownership that the separate personalities of the entity and the owners no long er exist; and (3) an inequitable result will follow if the acts are treated as those of the entity alone...

Excerpt: ..., 24, 25, 29, 31 -34, 36, 39 and 43- 48. As to #13 and 14, the court's file does not include any Exhibit W or X, but just a notation that they were allegedly filed under seal. However, the court's file shows none of Goldman's moving papers being filed under seal. Plaintiffs' supplemental Objections (ROA 527) are overruled. Plaintiffs had the opportunity to respond to Goldman's new evidence submitted on reply. As a threshold matter, Goldman ha...

Excerpt: ...s to one which the court Þnds acceptable), in which case defendant must provide supplemental responses within 90 days only for employees who do not respond within 60 days that they do not want their information shared. The supplemental responses will be subject to a protective order whereby the information provided may be used only for purposes of this litigation. Plainti
¯'s Special Interrogatories #1 and 2 seek the contact information of puta...

Excerpt: ... ownership interest she received in Plaza 205, and (#28) the 25% ownership interest she received in the Harbor Gateway Project. Goldman asserts the tax return privilege, but that privilege does not apply here. Goldman concedes that courts will Þnd a waiver of the tax return privilege where the gravamen of the lawsuit is so inconsistent with the continued assertion of the taxpayer's privilege as to compel the conclusion that the privilege has bee...

Excerpt: ...should submit an amendment to the settlement agreement rather than any amended settlement agreement. 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 si...

Excerpt: ...rovement that proximately caused injury to private property. Paterno v. State of California (2003) 113 Cal. App. 4th 998, 1029. Here, plainti
¯s' allegations of the City's substantial participation are insu
¯icient as a matter of law. Plainti
¯s allege in ¶71.1 of the Second Amended Complaint, “Defendant City of Cypress never reviewed the proposed land use instituted by Defendant Cypress School District in July 2021, and further did not app...

Excerpt: ...tiff has shown that defendant failed to pay the $14,000 JAMS invoice, first sent on September 13, 2023, within 30 days of its due date. JAMS sent follow-up notices on September 14 and 27, and October 12, 2023. The email sent on September 14, 2023 said that the invoice was due on receipt. Defense counsel admits receiving the invoice and notices but admits not paying JAMS until October 26, 2023, one day after plaintiff served his letter saying he w...

Excerpt: ...e arbitration. Defendants' Request for Judicial Notice is denied as irrelevant. Zucchet v. Galardi (2014) 229 Cal. App. 4th 1466, 1474 n.5. The Case Management Conference set for today is ordered off calendar. A PostArbitration Review Hearing is set for July 25, 2024 at 9:00 a.m. The parties must file a Joint Status Report at least a week before the hearing, and may request a continuance if arbitration is not yet complete. The court concludes tha...

Excerpt: ...vide a red- lined version of any revised papers, including the proposed letter to the aggrieved employees. 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 proposed letter to the aggrieved employees, rather than with just a supplemental declaration or brief simply asserting that the issues have been resolved. The proposed relea...

Excerpt: ...l times in my individual capacity", and otherwise overruled, '17 —sustained, 98 — overruled. Plaintiff's Evidentiary Objections as to the original Daniel Nguyen Declaration are: 92 — overruled, "3 overruled as to sentences 1-2, and sustained as to sentences 3-4, 94 — overruled. Plaintiff's Evidentiary Objections as to the supplemental Huynh Declaration are: 94 — overruled as to sentences 1-2 and 4-5, and sustained as to sentence 3, 95 a...

Excerpt: ...th 1054, 1062. When determining whether California courts have specific jurisdiction over a nonresident defendant, the question of whether the defendant purposefully availed itself of the benefits of conducting activities in this state focuses on defendant's intent. In re Automobile Antitrust Cases I & II (2005) 135 Cal. App. 4th 100, 122. Nonetheless, a plaintiff may establish purposeful availment based on the effects of the defendant's out-of-s...

Excerpt: ...ary 3, 2018 to the present. Defendant's original response consisted of objections, but its supplemental response, as set forth in plaintiff's Separate Statement, cited payroll summaries containing payroll and contact information for non-exempt employees who did not opt out through the Belaire-West notice process, and identified the documents as Bates Nos. 69-1709. Plaintiff's Separate Statement then went on for two pages about defendant's objecti...

Excerpt: ...the deposition subpoena was not personally served on Burton. But since plaintiff provided proof of personal service in his opposition and Crawford did not refute that evidence in reply, Crawford's motion to quash is denied. Crawford also seeks a protective order requiring that any deposition of Burton take place only after expert witness designations based on the March 11, 2024 trial date. However, plaintiff contends that his deposition subpoena ...

Excerpt: ... on violations allegedly suffered by other employees. Defendants now ask the court to stay such litigation. The court concludes that litigation of those claims should be stayed pending completion of the arbitration. Both the Federal Arbitration Act and California law provide for a stay of proceedings pending arbitration. 9 U.S.C. 53; CCP 51281.4. More importantly, plaintiff's "group" PAGA claims are based on the same labor law violations she asse...

Excerpt: ...ifornia fully releases PAGA claims. This court will not approve a direct release by plaintiff on behalf of the State of California, but will approve a change from "fully releases and discharges" to "shall be deemed to have fully released and discharged". Plaintiff has not submitted her attorneys' bills or a detailed hourly breakdown of her attorneys' hours to support the court's review of the attorneys' fees request. The summary chart in 939 of t...

Excerpt: ...n late 2013 or early 2014, "Torres verbally represented to Plaintiff Steve Valbuena that the construction of the pool at the project would cost $256,546 to build, and that this amount was the accurate market rate for the construction of a pool of its kind in the project area." However, plaintiffs further allege in 936, "On or around late 2013 or early 2014, while securing a loan for the construction ofthe project, Plaintiff Steve Valbuena was adv...

Excerpt: ...ndment to the settlement agreement rather than any amended settlement agreement. Counsel also should provide a redlined 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 correctons to the settlement agreement and the class notice, rather than with just a supplemental declaration or brief that simply asserts the issues...

Excerpt: ... 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. The allocation of only 20% of the settlement payments for...

Excerpt: ...d #2, and sustained as to #3 (2nd and 3rd sentences only), #4, #5, and the second #1. Plaintiff's request to contnue the hearing to take discovery is denied. The Status Conference set for today is ordered off calendar. A Post-Arbitraton Review Hearing is set for June 28, 2024 at 9:00 a.m. The parties must file a Joint Status Report at least a week before the hearing, and may request a contnuance if arbitration is not yet complete. The court concl...

Excerpt: ...rney fee, the most common award in federal cases, still results in a generous multiplier of 2.47. The average recovery per aggrieved employee does not merit a higher award. Moreover, enhancement awards of $3,000 each, and a total of $33,000 in enhancements, are sufficient for a class and settlement of this size, and considering the average recovery per aggrieved employee, and that there was nothing extraordinary about plaintiffs' contributions to...

Excerpt: ...t provide a red-lined version of any revised papers, including the proposed letter to the aggrieved employees. The Covered period/PAGA Period defined in 51.4 of the PAGA Settlement and Release Agreement should not be based on the date of the signing of the proposed Order Granting Approval of PAGA Settlement and Entering Judgment, but rather on the date the court grants approval of the PAGA settlement. The Covered Claims defined in 51.3 of the Set...

Excerpt: ...njured in responding to the fire. The California Supreme Court explained, "Where the defendant's negligence, whether active or passive, creates an apparent risk, which is of the type usually dealt with by firemen, and which is the cause of the fireman's presence, and which is the direct cause of the fireman's injury, the defendant is not liable to the fireman." Lipson v. Superior Court (1982) 31 Cal. 3d 362, 367. Plaintiffs contend that the firef...

Excerpt: ...job responsibilities, without reimbursement. This allegation satisfies the commonality requirement for class actions at the pleading stage. The court in Prince v. CLS Transportation, Inc. (2004) 118 Cal. App. 4th 1320, 1329, held that a demurrer to a class action complaint is improper where the plaintiff alleges institutional practices that affected all of the members of the potential class in the same manner, and it appears from the complaint th...

Excerpt: ...het v. Galardi (2014) 229 Cal. App. 4th 1466, 1474 n.5. Plaintiff alleges he was falsely accused of violating masking policies at work when someone reported to plaintiff's employer that he refused to wear a mask. Plaintiff tried to correct that accusation, and later his employer put him under performance review. Plaintiff again tried to refute the false masking accusation, and then was fired. Plaintiff's 1st cause of action is for Wrongful Termin...

Excerpt: ...for anonymity should be granted only if the court finds that an overriding interest will likely be prejudiced without use of a pseudonym, and that it is not feasible to protect the interest with less impact on the constitutional right of access. In deciding the issue the court must bear in mind the critical importance of the public's right to access judicial proceedings. Outside of cases where anonymity is expressly permitted by statute, litigati...

Excerpt: ... their recovery under the proposed settlement. In the motion for preliminary approval, plaintiff represented that there were 1270 employees, 1189 of whom were class members, 1029 of whom signed Pick-Up Stx agreements, leaving 160 class members to participate in the settlement. But in the motion for final approval, plaintiff represents that there are 1445 class members, 1130 of whom signed Pick-up Stx agreements, leaving 315 class members to parti...

Excerpt: ...er employees will be stayed pending completion of the arbitration in this case and/or in the related case of Bustos vs. Stations Service, Inc., Case No. 2022-01297805. Defendants' Request for Judicial Notice is granted as to #1 and 2, and is denied as irrelevant as to #3. Zucchet v. Galardi (2014) 229 Cal. App. 4th 1466, 1474 n.5. The Case Management Conference set for today is ordered off calendar. A Post-Arbitration Review Hearing is set for Ma...

Excerpt: ...ies and legally operative language, they do not accept the truth of matters stated in those documents. Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal. App. 4th 256, 254- 65; Herrera v. Deutsche Bank National Trust Co. (2011) 196 Cal. App. 4th 1366, 1375. Plaintiff presented a Government Claims Act claim to the State Bar on October 18, 2021, which was denied on November 12, 2021. (Dfs' RJN, Exs. '-J.) However, the Doe Amendments adding the Stat...

Excerpt: ...it does not accept the truth of matters stated in those documents. Herrera v. Deutsche Bank National Trust Co. (2011) 196 Cal. App. 4th 1366, 1375. Plaintiffs' Objections to Evidence are all overruled based on the authority of Cole v. Town of Los Gatos (2012) 205 Cal. App. 4th 749, 764 n.6, that "where a trial court is confronted on summary judgment with a large number of nebulous evidentiary objections, a fair sample of which appear to be meritl...

Excerpt: ...t does not accept the truth of matters stated in those documents. Herrera v. Deutsche Bank National Trust Co. (2011) 196 Cal. App. 4th 1366, 1375. Plaintiff's Objections to Evidence are all overruled based on the authority of Cole v. Town of Los Gatos (2012) 205 Cal. App. 4th 749, 764 n.6, that "where a trial court is confronted on summary judgment with a large number of nebulous evidentiary objections, a fair sample of which appear to be meritle...

Excerpt: .... A Post-Arbitration Review Hearing is set for May 10, 2024 at 9:00 a.m. The parties must file a Joint Status Report at least a week before the hearing, and may request a contnuance if arbitration is not yet complete. The court concludes that there exists a valid agreement to arbitrate the individual claims asserted by plaintiff and that no grounds exist to bar enforcement of the agreement. CCP 51281.2. Plaintiff does not deny that she signed the...

Excerpt: ...nty of Orange, et al., Case No. 8:18-cv-CM55- DOC-JDE. However, this court previously ruled that it will leave the equitable issues in this case for now while the issue of jurisdiction is still being disputed in federal court. Thus, the issue of the availability of monetary damages does not completely dispose of these causes of action, and a demurrer cannot rightfully sustained to part of a cause of action or to a particular type of damage or rem...

Excerpt: ...ovided, "The Receiver shall manage and oversee the 0#rations of Synrgo, including, if and as he deems necessary and appropriate, taking steps necessary to properly wind down Synrgo's business, with due regard for the rights of all of Synrgo's creditors." Further, "The Receiver may take all actions he deems necessary to safeguard, preserve, protect, and maximize the value of the Property and the Business; to operate, sell, liquidate, and/or wind d...

Excerpt: ... to be deceived." Tucker v. Pacific Bell Mobile Services (2012) 208 Cal. App. 4th 201, 225. Defendant argues that the First Amended Complaint contains no factual allegations that the public would likely be deceived. However, plaintiff alleges in "27-29 that the 4% surcharge is not disclosed until after a purchase is complete, and then only as a small line item on a receipt, and misrepresents a price increase as a supply-chain surcharge. Additiona...

Excerpt: ... if the circumstances warrant. Plaintiff's Complaint states viable causes of action for declaratory relief and for reimbursement, and defendant's demurrer relies on facts that go outside plaintiff's Complaint and matter that may be judicially noticed, which is -mproper. Plaintiff is entitled to a declaration as to whether or not defendant is entitled to a defense and/or ccwerage in the Hobart litigation in Ohio. Even if there are some overlapping...

Excerpt: ...ndants' Evidentiary Objections to Plaintiff's Declaration are overruled as to #1-2, 6-17 and 23-27, and are sustained as to #3-5, 18-22 and 28-29. Defendants' Evidentiary Objections to Plaintiffs Request for Judicial Notice are overruled; the court has disregarded all the commentary included within Plaintiff's Request for Judicial Notice and has simply ruled on the propriety of taking judicial notice of the cmuments referenced therein. Plaintiff ...

Excerpt: ...ical services in the future was legally unavailable, noting it was impossible for Kaiser to defintively know the reasonable and customary value of emergency medical services until a jury fixed that value. 71 Cal. App. 5th at 343. Yet plaintiffs here allege in 965 of their First Amended Complaint at 15:6—8, "KPC HOSPITALS seek an injunction prohibiting Kaiser from continuing to deduct the items and services from KPC HOSPITALS' bills when paying ...

Excerpt: ...vide 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 correctons 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 have not provided the court with the estimated high and low payments to...

Excerpt: ...ment. 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 correctons 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. The settlement agreement provides at 20:17 that the A...

Excerpt: ...hip between the parties was superseded by the formation of the various LBG LLCs, and that the alleged separate projects were not business opportunities of LBG REC. Plaintiffs note, however, that the integration clause for each LLC concerns only the parties' agreements as to each individual LLC, not the overall partnership agreement among them. Thus, there is a triable issue as to whether each partnership was superseded by the formation of the LLC...

Excerpt: ...is overruled. Plaintiff's Evidentiary Objection #3 is sustained. The Trial and the Pre-Trial Conference are hereby vacated. Plaintiff Travelers Property Casualty Company of America seeks equitable contribution and equitable indemnity for defense costs it incurred on behalf of Mallcraft, lnc„ who had tendered a claim as an additional insured under plaintiff's belonging to one of Mallcraft's subcontractors, KitCor Corporation, for a case in arbit...

Excerpt: ...lined version of any revised papers. 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, rather than with just a supplemental declaration or brief that simply asserts the issues have been resolved. Plaintiffs have not provided the court with the estimated high and low payments to be paid to the aggrieved employees under the proposed sett...

Excerpt: ...homeowner's insurance policy issued by plaintiff. Initially, Logan claimed that his conduct in the underlying altercation "wasn't intentional" but was a "kneejerk reaction" to "get some space, 'cuz Rullier was chasing him". Ashurex Decl. "8-11, Ex. 3. Based on Logan's representations that his conduct was accidental and non-intentional, plaintiff agreed to defend Logan in the Rullier lawsuit on January 7, 2021, subject to a full reservation of rig...

Excerpt: ...ply with CRC Rule 3.1350(d)(1)(A) and (B), which require Cross-Defendants' Separate Statement to separately identify each cause of action that is the subject of the motion and each supporting material fact claimed to be without dispute with respect to the cause of action that is the subject of the motion. Cross-Defendants' Separate Statement has only one group of Undisputed Material Facts and Supporting Evidence even though this motion applies to...

Excerpt: ...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. Although the settlement agreement now defines “Aggrieved Employe...

Excerpt: ...plaintiffs' contribution to the case, that plaintiffs Vasquez and Gonzalez claim in their identical, unsigned declarations to have spent only about 30-40 hours on the case, and that plaintiff Cervantes was a successor in interest and did not submit any declaration. The court concludes that the $125,000 class action and PAGA settlement, as approved, is fair, adequate and reasonable, and approves the following specific awards: • $41,666.66 to pla...

Excerpt: ...terminated by plaintiffs/LBG. The court denies the motion as to those documents. Plaintiffs' Request for Production, Set One, seeks documents that relate to Goldman's alleged participation in real estate projects and transactions apart from his work with the LBG entities, and his alleged use of LBG resources for those real estate projects and transactions, including the employment of then-employee of LBG entities Chris Han, which serve as the fac...

Excerpt: ...lso 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. Although the motion provides the estimated average payment to class...

Excerpt: ...l also must provide a red-lined version of any revised papers, including the proposed letter to the aggrieved employees. 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 proposed letter to the aggrieved employees, rather than with just a supplemental declaration or brief simply asserting that the issues have been resolved. The ...

Excerpt: ...ubpoenaed records from third parties, Kaiser Permanente and E-Trade, were miscategorized as service of process fees, but are recoverable as costs that were reasonably necessary to the conduct of the litigation. Costs that are not specifically enumerated under CCP §1033.5(a) as recoverable, and not listed under CCP §1033.5(b) as not allowable, are recoverable if, in the court's discretion, they are “reasonably necessary to the conduct of the l...

Excerpt: ...lso 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. The Class Period is defined as September 3, 2017 through March 11, ...

Excerpt: ...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. The motion does not provide the court with the estimated high, low or a...

Excerpt: ...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. The proposed settlement includes a PAGA payment and release. However, t...

Excerpt: ...n Equity has lowered its court reporter fees claim from $30,424.86 to $8,795.97. Plaintiffs have withdrawn their challenge to daily court reporter appearance costs of $6,798.00, but object to the $1,997.97 cost for using Realtime technology at trial. Costs that are not specifically enumerated under CCP §1033.5(a) as recoverable, and not listed under CCP §1033.5(b) as not allowable, are recoverable if, in the court's discretion, they are “reas...

Excerpt: ...ordered to arbitration. Plaintiff's PAGA claims based on violations allegedly suffered by other employees will be stayed pending completion of the arbitration. Defendants' evidentiary objections are overruled. The Status Conference and OSC re Sanctions set for August 4, 2023 are ordered off calendar. A Post-Arbitration Review Hearing is set for January 26, 2024 at 9:00 a.m. The parties must file a Joint Status Report at least a week before the he...

Excerpt: ...Case Management Conference set for August 11, 2023 is ordered off calendar. A Post-Arbitration Review Hearing is set for February 15, 2024 at 9:00 a.m. The parties must file a Joint Status Report at least a week before the hearing, and may request a continuance if arbitration is not yet complete. The court concludes that there exists a valid agreement to arbitrate the individual claims asserted by plaintiff and that no grounds exist to bar enforc...

Excerpt: ...ntiffs contend that the City failed to adequately review the change of use of the subject school site by defendant Cypress School District. Gov. Code §65009(c)(1)(E) provides a 90-day statute of limitations that applies to claims based on zoning ordinances where the government action neither effected a physical invasion of the land nor impaired title to the land. Travis v. County of Santa Cruz (2004) 33 Cal. 4th 757, 775. While the City concedes...

Excerpt: ...d as to the 1st and 4th causes of action. As to the 2nd Cause of Action for unfair competition, defendants argue that plaintiff does not allege that he relied on any alleged false statement or representation. Plaintiff fails to address this issue. Defendants also argue that plaintiff has not alleged any violation of antitrust law. Plaintiff does not dispute this either. Plaintiff alleges that the attorney defendants violated CRPC Rule 1.7(a) by r...

Excerpt: ...re dismissed without prejudice. Plaintiff's 9th cause of action will not be stayed because it does not relate to her 1st-8th causes of action. Defendants' Request for Judicial Notice is denied. Plaintiff's evidentiary objections are overruled. A Case Management Conference is set for July 14, 2023 at 9:00 a.m. The parties must file a Joint Case Management Statement at least a week before the CMC. Counsel must use pleading paper rather than Judicia...

Excerpt: ...for a total award in the amount of $356,263. Petitioners seek to confirm the arbitration award, and plaintiffs ask that the arbitration award be vacated, on the ground that the arbitrator erred in determining that plaintiffs were not entitled to purchase defendant Plantations at Haywood, LLC's interest based on a bankruptcy call option between Plaintiff and that entity. In Cable Connection, Inc. v. DIRECTV Inc. (2008) 44 Cal. 4th 1334, 1356, the ...

Excerpt: ...is action. On February 16, 2023, the arbitrator issued his Final Award, awarding Petitioner $1,686,500 in attorneys' fees, $36,200 in costs, $114,800 in expert costs, and $20,550 in fees and costs of the arbitration, for a total award in the amount of $1,858,050. Petitioner seeks to confirm the arbitration award, and plaintiffs ask that the arbitration award be vacated, on the ground that the arbitrator erred in determining that plaintiffs were n...

Excerpt: ...lso 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. Plaintiff did not provide the court with the estimated average, hig...

Excerpt: ...nerals Operations, Inc. v. State Board of Equalization (2008) 160 Cal. App. 4th 514, 519. In addition, Exhibit #1 does not fall within Evidence Code §452. T-Mobile argues that this action is jurisdictionally barred by Pub. Util. Code §1759. However, this action does not seek “to review, reverse, correct, or annul any order or decision of the [California Public Utilities Commission] or to suspend or delay the execution or operation thereof, or...

Excerpt: ...rbitration Review Hearing is set for December 7, 2023 at 9:00 a.m. The parties must file a Joint Status Report at least a week before the hearing, and may request a continuance if arbitration is not yet complete. The court concludes that there exists a valid agreement to arbitrate the individual claims asserted by plaintiff and that no grounds exist to bar enforcement of the agreement. CCP 51281.2. Plaintiff does not dispute that she signed the a...

Excerpt: ...under plaintiff's policies belonging to one of Mallcraft's subcontractors, KitCor Corporation, for a case in arbitration titled Mallcraft, Inc. v. Glendale Community College District, AAA Case No. 01-16-0005-6085. Mallcraft was involved in the construction of the Lab/College Services Building at Glendale Community College. Mallcraft sued Glendale Community College District through arbitration for damages because Glendale allegedly terminated Mall...

Excerpt: ... was being taken. Defendant Sarah Van Dam reacted by gently hitting the back of Castrey's head and knocking his sunglasses off. Almost two years after the incident, on December 16, 2021, Castrey filed a civil complaint against Van Dam in Orange County Superior Court, Castrey v. Van Dam, Case No. 30-2021-01236976-CU-PO-CJC, alleging general negligence and intentional tort, claiming that the incident caused him a traumatic brain injury with multipl...

Excerpt: ...sufficiency of the evidence to justify the verdict or other decision, nor upon the ground of excessive or inadequate damages, unless after weighing the evidence the court is convinced from the entire record, including reasonable inferences therefrom, that the court or jury clearly should have reached a different verdict or decision." Here, the court has weighed the evidence, but the court is not convinced from the entire record, including reasona...

Excerpt: ...ement. Counsel also must provide a red-lined version of any revised papers. 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. Plaintiff provides no information as to defendant's potential exposure for plaint...

Excerpt: ...emurrers to the First and Sixth Causes of Action, and the attorney cross- defendants' demurrers to the Second Cause of Action, are sustained with 15 days leave to amend, and the demurrers are otherwise overruled. Cross-defendants argue that the statute of limitations bars MFS's claims. However, MFS alleges in FAXC ¶109 that the statute of limitations was tolled because MFS did not discover the payments and hence the wrongful scheme until May 202...

Excerpt: ...so 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. Unnamed class members are not parties to the settlement agreement. T...

Excerpt: ...a week before the hearing, and may request a continuance if arbitration is not yet complete. The court concludes that there exists a valid agreement to arbitrate the individual claims asserted by plaintiff and that no grounds exist to bar enforcement of the agreement. CCP 51281.2. Plaintiff's claims of unconscionability are unsupported by the language of the arbitration agreement and the law. The defense of unconscionability requires that the arb...

Excerpt: ...7- 28. The fact that defendant cites to the applicable arbitration rules rather than the agreement itself undercuts defendant's claim that the delegation here was clear and unmistakable. Ajamian v. CantorC02e. L.P. (2012) 203 Cal. App. 4th 771, 788. Moreover, the AAA rules which defendant quotes are the AAA's Commercial Arbitration Rules and Mediation Procedures, not the AAA Employment Dispute Resolution Rules referenced in the parties' agreement...

Excerpt: ...s will not be dismissed, but will be stayed pending completion of the arbitration and pending the California Supreme Court's decision in Adolph v. Uber Technologies. Inc., Case No. S274671. The Case Management Conference set for May 4, 2023 is ordered off calendar. A Post-Arbitration Review Hearing is set for September 21, 2023 at 9:00 a.m. The parties must file a Joint Status Report at least a week before the hearing, and may request a continuan...

Excerpt: ...on notice, including the so-called Secret Agreement. However, the document production and testimony may be made subject to a Protective Order. In 2013, plaintiffs' property was part of Lots 10 and 11, which were owned by Steve and Jilly Rebeil, the lots were developed to construct two homes that extended from the top of the street down to the beach area, plaintiffs purchased Lot 11, and the Rebeils retained Lot 10. In 2014, plaintiffs, the Rebeil...

Excerpt: ...ion. The court overrules Navigators' objections to the Declarations of J. David Bournazian and David Ezra. The court sustains Navigators' objections to the Declaration of David Keefe in its entirety for lack of foundation and on the ground that it is not cited in plaintiff's separate statement and therefore "does not exist". San Diego Watercrafts. Inc. v. Wells Fargo Bank (2002) 102 cal. App. 4th 308, 310. The court admonishes both sides for thei...

Excerpt: ...ntentional misrepresentation against defendant Frank Torres Construction, Inc., and against defendants DS Thames International, Inc. and Derrick Thames. The court may, in the furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading. CCP §473(a)(1). California courts allow great liberality at all stages of the proceeding in permitting the amendment of pleadings to resolve cases on their merits. IMO Developmen...

Excerpt: ...nded to cause unnecessary delay, the court shall award costs and reasonable attorney's fees to a plaintiff prevailing on the motion, pursuant to Section 128.5.” The court of appeal stated in its Opinion: “The question presented by KRS's appeal is straightforward and easily resolved, such that most reasonable attorneys would conclude KRS had little or no chance of prevailing. And yet, KRS pursued it anyway.” The appellate court's conclusion ...

Excerpt: ...y amended settlement agreement. Counsel also must provide a red-lined version of any revised papers. 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. The signature page of Plaintiff's declaration attached t...

Excerpt: ...epresentatives 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. These elements are typically referred to as (1) ascertainability; (2) numerosity; (3) commonality; (4) typicality; (5) adequacy; and (6) superiority. Capitol People First v. State Dept. of Developmental Services (2007) 155 Cal. App. 4th 676, 681...

Excerpt: ...nia Supreme Court's decision in Adolph v. Uber Technologies, Inc., Case No. S274671. Defendant's Request for Judicial Notice is granted. A Post-Arbitration Review Hearing is set for July 28, 2023 at 9:00 a.m. The parties must file a Joint Status Report at least a week before the hearing, and may request a continuance if arbitration is not yet complete. The court concludes that there exists a valid agreement to arbitrate the individual PAGA claim ...

Excerpt: ...eable due to unconscionability. The defense of unconscionability requires that the arbitration agreement be both procedurally and substantively unconscionable. De La Torre v. CashCall, Inc. (2018) 5 Cal. 5th 966, 982; Baltazar v. Forever 21, Inc. (2016) 62 Cal. 4th 1237, 1243; Baxter v. Genworth North America Corp. (2017) 16 Cal. App. 5th 713, 723. Procedural unconscionability is present here because the court has weighed the evidence and conclud...

Excerpt: ...e a red-lined version of any revised papers, including the proposed letter to the aggrieved employees. 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 proposed letter to the aggrieved employees, rather than with just a supplemental declaration or brief simply asserting that the issues have been resolved. There is an individual...

Excerpt: ... 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. Although the motion provides the estimated average payment to cla...

Excerpt: ...l prejudice to Team Makena since it filed a reply that made substantive responses to the arguments raised in the opposition papers. The court overrules Team Makena's objection to, and denies its motion to strike, Lasso's opposition papers. Nonetheless, the court expects all future filings to be timely and compliant with all applicable procedural rules. Team Makena seeks summary adjudication of John Lasso's second cause of action for breach of con...