Excerpt: ...aintiff's Request for Judicial Notice is granted. The Euland Parties' Request for Judicial Notice is granted as to #2-8 and 10-14, and is denied as to #1 and 9. However, when the court takes judicial notice of documents, 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. Petitioner/Plaintiff's Second Cause of Action alleging CEQA violations is barred ...

Excerpt: ...ere, Jose de Jesus Gutierrez Mercado (“Mercado”), was a class action plaintiff, not just an individual plaintiff. Yet Gutierrez has not filed any reply to the opposition, let alone anything at all addressing defendants' important factual assertion. The court concludes that when Gutierrez received the notice of class action settlement in Mercado's case, he should have sent it to his lawyer or discussed it with him. In fact, from the very outse...

Excerpt: ...l on this motion, that all three plaintiffs reside out of state or are foreign corporations, and that there is a reasonable possibility that defendant will obtain judgment in this action. However, defendant has failed to provide an affidavit that sets forth the nature and amount of the costs and attorneys' fees defendant has incurred and expects to incur by the conclusion of the action. Defendant's Memorandum of Points and Authorities cites Monks...

Excerpt: ...ication. In Flatt v. Superior Court (1994) 9 Cal. 4th 275, the California Supreme Court held, “Courts and ethical codes alike prohibit an attorney from simultaneously representing two client adversaries, even where the substance of the representations are unrelated.” Id. at 285. The court added, “Indeed, in all but a few instances, the rule of disqualification in simultaneous representation cases is a per se or automatic one.” Id. at 284....

Excerpt: ...uling denying defendants' prior Motion for Judgment on the Pleadings, within the meaning of CCP §1008. However, at the hearing the court modified its tentative ruling to note that defendants' original motion was for judgment on the pleadings as to the entire First Amended Complaint, not as to its separate causes of action. Since the 1st cause of action for the recovery of expense reimbursements was not subject to the outside salespersons exempti...

Excerpt: ...entation or fraudulent omission in connection with the purchase or sale of a covered security. Nor does plaintiff allege that the fees defendants charged and/or caused plaintiff to incur drained plaintiff's investments. Plaintiff's First Cause of Action for Violation of the Consumer Legal Remedies Act alleges that defendants provided services within the meaning of the Act apart from providing software, including defendants providing spare change ...

Excerpt: ...papers, including the proposed letter to the aggrieved employees. The Status Conference set for January 10, 2020 is ordered off calendar. Since the amount of the proposed settlement is so small, as to both the total settlement and the average aggrieved employee's individual payment, the court requires more details as to the “data, information and documents produced by defendant” that led to the settlement. Plaintiff must inform this court as ...

Excerpt: ...:00 a.m. Although plaintiffs' First Amended Complaint alleges compliance with the Government Claims Act, plaintiffs' compliance was untimely. Gov. Code §911.2 requires that a claim be presented not later than one year after the accrual of the cause of action. Plaintiffs allege that on May 23, 2016 they received notice from defendant M.A.S. that their tenancy would be terminated on October 31, 2016, and OCTA forced the car wash off the premises o...

Excerpt: ... 1366, 1375. Defendant's Objections to the Declaration of Aparajit Bhowmik are sustained. A Motion for Judgment on the Pleadings must be based on matters that appear on the face of the challenged pleading or that the court must judicially notice. CCP §438(d). Here, however, the court cannot establish through plaintiff's First Amended Complaint and/or defendant's judicially-noticeable documents that plaintiff did not opt out of the settlement in ...

Excerpt: ...allege any actual conduct by defendants that could constitute substantial assistance or encouragement. Plaintiff argues that her pleading alleges that the demurring defendants substantially assisted Probst's breaches of fiduciary duty by not insisting that CTI take control of the MFS trailers and grow containers. In fact, the First Amended Complaint does not allege such facts, either in paragraph 44(d) as claimed, or elsewhere. In any case, that ...

Excerpt: ... revised papers, including the notice to the class. The motion fails to provide the estimated high and low payments to be paid to members of both subclasses based on their workweeks and subclass. The settlement agreement and the notice to class require written objections and do not allow class members to speak at the Final Approval Hearing unless they file and serve a written objection, but that is overly restrictive. The settlement agreement and...

Excerpt: ...Judicial Notice is granted. Defendant's Reply Request for Judicial Notice is denied. Plaintiff's employment with defendant terminated on April 10, 2012. The statute of limitations for a PAGA claim is one year. CCP §340(a). Before filing suit, a plaintiff must give notice to the LWDA. Labor Code §2699.3(a)(1)(A). Plaintiff did not provide the LWDA with notice of his claim for unpaid business expenses in violation of Labor Code §2802 until Novem...

Excerpt: ... Counsel also should provide a red-lined version of any revised papers, including the notice to the class. Plaintiff provides no information as to defendant's potential exposure for the violations alleged. Plaintiff must provide the court with information showing what potential outcome putative class members are giving up in exchange for this settlement. Plaintiff also fails to provide the class members' estimated individual recovery under the pr...

Excerpt: ...ser fails to allege that it complied with the notice requirement of 28 Cal. Code Regs. tit. 28, §1300.71(b)(5), which provides that a plan shall not request reimbursement for the overpayment of a claim unless the plan sends a written request for reimbursement to the provider within 365 days of the date of payment on the overpaid claim. If the provider contests the notice, the provisions of Cal. Code Regs. tit. 28 §1300.71(d)(3)-(4) apply. The p...

Excerpt: ...lso should provide a red-lined version of any revised papers, including the notice to the class. • The size of the class is unclear. From the Employer Defendant's information, 107 notices were mailed. However, it is believed that not all of those persons are actually class members because Cashiers and Managers were included in the list but do not qualify as “Car Wash Workers” under the statute. Mandel Dec. ¶6. It is also proposed that the ...

Excerpt: ...t plaintiff worked for defendant for only about two months. In addition, the settlement calls for plaintiff to be fully paid out of the first installment. The court concludes that the $300,000 class action settlement, as approved, is fair, adequate and reasonable, and approves the following specific awards: ● $100,000.00 to plaintiff's counsel for plaintiff's attorneys' fees, as requested; ● $6,532.14 to plaintiff's counsel for plaintiff's at...

Excerpt: ... Motion for Judgment on the Pleadings within the meaning of CCP §1008. Defendants originally made a Motion for Judgment on the Pleadings, including on the second cause of action, the motion was denied, and defendants now bring a second motion seeking the same relief. However, defendants have failed to comply with CCP §1008. Defendants did not file this motion within ten days of service of notice of the July 5, 2019 order, and defendants have no...

Excerpt: ...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 claims asserted by plaintiff and that no grounds exist to bar enforcement of the agreement. CCP §1281.2. However, based on Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal. 4th 348, 386-88, defendant may not compel plaintiff to arbitrate his PAGA ...

Excerpt: ...relieved from default, but ruled that “Defendant is to pay for the cost of the unsuccessful attempts (2) to serve him in Arizona before being allowed to file his answer. Defendant is to file with the court a clean copy of the answer once the costs noted have been paid.” This language rendered the order conditional, which was within the court's discretion under Code of Civil Procedure sections 473 and 473.5. Howard v. Thrifty Drug & Discount S...

Excerpt: ...ting compliance and copies of letters to the State Bar are insufficient. Unless defendants file the required proof of service before the hearing, the hearing will have to be continued. The Karolyi defendants are ordered to give notice of the ruling unless notice is waived. ...

Excerpt: ...aving been filed more than six months after plaintiff received notice of entry of the Judgment. Finally, defendant Eric Woods lacks standing to seek to vacate the Judgment as against defendant Rick Back, who was in default at the time of trial. Plaintiff is ordered to give notice of the ruling. ...

Excerpt: ...the notice to the class. In their future pleadings counsel also must avoid points and authorities that exceed the legal page limits, as well as redundant, lengthy declarations that repeat the same material. The pages of the Notice of Settlement of Class Action and Settlement Hearing (notice to class) must be numbered. The moving papers assert that a copy of the settlement agreement was sent to the LWDA with the filing of this motion, but no proof...

Excerpt: ...aving been filed more than six months after plaintiff received notice of entry of the Judgment. Finally, defendant Eric Woods lacks standing to seek to vacate the Judgment as against defendant Rick Back, who was in default at the time of trial. Plaintiff is ordered to give notice of the ruling. ...

Excerpt: .... The revised Notice to Class still provides that the Administrator will resolve any workweek disputes. Counsel must delete the clause (on p. 6, in the last para. of sec. 9), “and that determination will be final and binding on Plaintiffs, Pinnacle, and you and will be non- appealable”. Plaintiff still hasn't disclosed the terms of her agreement to settle and release all of her claims except for her PAGA claims, including the attorneys' fees ...

Excerpt: .... The revised Notice to Class still provides that the Administrator will resolve any workweek disputes. Counsel must delete the clause (on p. 6, in the last para. of sec. 9), “and that determination will be final and binding on Plaintiffs, Pinnacle, and you and will be non- appealable”. Plaintiff still hasn't disclosed the terms of her agreement to settle and release all of her claims except for her PAGA claims, including the attorneys' fees ...