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...

Excerpt: ...e, pursuant to Gov. Code §70617(e)(2). Defendant Fusion is ordered to give notice of the ruling unless notice is waived. Plaintiff Robert L. Crysel's (1) Motion to Compel Further Response to Special Interrogatories, Set 2, Propounded on Defendant Thomas W. Savino and Request for Sanctions, (2) Motion to Compel Further Response to Special Interrogatories, Set 1, Propounded on Defendant Tucker Advisory Group, Inc. and Request for Sanctions, and (3...

Excerpt: ...ement. 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 motion fails to provide the court with the esti...

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. There is no definition in either the settlement agreement or the cl...

Excerpt: ...nagement Conference set for January 13, 2023 is ordered off calendar. A Post- Arbitration Review Hearing is set for May 26, 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 by Stipulation and Order before the hearing or in their Joint Status Report if arbitration is not yet complete. The court concludes that there exists a valid agreement to arbitrate the individual cl...

Excerpt: ...tions #1 and 3 to the Declaration of Carenna Vargas are overruled, #2 is sustained as to the first sentence and overruled as to the second sentence, and #4 is overruled as to the first sentence and sustained as to the second sentence. Defendant's Specific Objections to the Declaration of Eric Yaeckel are sustained in full. The case of Gamboa v. Northeast Community Clinic (2021) 72 Cal. App. 5th 158, 165, compels the denial of this motion. There, ...

Excerpt: ...ons why the attendance of each would be inconvenient. Peiser v. Mettler (1958) 50 Cal. 2d 594, 607. Defendant's moving declarations simply provide, in ¶4 of attorney Lee's Declaration, “I anticipate that Plaintiff will require depositions from witnesses and/or experts that Defendant intends to call to trial. The depositions will require several trips to Fresno County to complete the several depositions of the following witnesses and/or experts...

Excerpt: ..., Inc., Case No. S274671. The Status Conference set for November 18, 2022 is ordered off calendar. A Post-Arbitration Review Hearing is set for May 26, 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 claims asserted by plaintiff and that no grounds exist to bar...

Excerpt: ...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. Plaintiff has failed to meet her burden of proving the facts of any defense to enforceability. Chin v. Advanced Fresh Concepts Franchise Corp. (2011) 194 Cal. App. 4th 704, 708. Pl...

Excerpt: ... effective, and that the purported opt-out by Sarah A. Villar was untimely and thus not effective. The Settlement Agreement provided in Section III(E)(3)(c), “Class Members who wish to exclude themselves from the Settlement must mail to the Settlement Administrator postmarked not later than forty-five (45) calendar days after the Settlement Administrator mails the Class Notice Packets, a signed Election Not to Participate in Settlement.” The ...

Excerpt: ...tion and pending the California Supreme Court's decision in Adolph v. Uber Technologies, Inc., Case No. S274671. Plaintiff's Request for Judicial Notice is denied as moot. The Case Management Conference set for November 18, 2022 is ordered off calendar. A Post-Arbitration Review Hearing is set for April 6, 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...

Excerpt: ...nc.'s Demurrer to Third Amended Complaint is sustained without leave to amend. All four of the Requests for Judicial Notice are granted. However, while courts may take judicial notice of public records and their dates, parties 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, 264-65; Herrera v. Deutsche Bank National Trust Co. (2011) ...

Excerpt: ...tters stated in those documents. Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal. App. 4th 256, 264- 65; Herrera v. Deutsche Bank National Trust Co. (2011) 196 Cal. App. 4th 1366, 1375. The court declines to rule on plaintiffs' evidentiary objections because the court does not deem such evidence material to its disposition of the motion under CCP §437c(q). There are triable issues of fact as to whether plaintiffs agreed to the release, and as ...

Excerpt: .... Aller's efforts resulted in the enforcement of an important right affecting the public interest, a significant benefit was conferred on a large class of persons, the necessity and financial burden of private enforcement were such as to make the award appropriate, and such fees and costs should not in the interest of justice be paid out of the recovery by the class. The gross settlement amount in this case increased from $1,750,000 to $2,254,280...

Excerpt: ...d 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 simply asserting that the issues have been resolved. The motion does not provide the court with the estimated high and low payments to be paid to class memb...

Excerpt: ... 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 simply asserting that the issues have been resolved. Plaintiff did not provide the court with a copy of his separate individual settlement agreement, referenced in ¶28...

Excerpt: ...that the court deems material to its disposition of the motion. CCP §437c(q). SSMF moved for summary judgment on the ground that plaintiff Richard Carlson lacked standing. Since the filing of this motion, the complaint has been amended to replace Carlson with another beneficiary of the Trust, Rohinton T. Aresh. Since Aresh and Carlson are similarly situated as beneficiaries of the Trust, the analysis is the same. The Maryland Code, which both si...

Excerpt: ...t. 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 motion does not provide the court with the estimate...

Excerpt: ...sed 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. Plaintiffs' 35 pages of moving points and authorities exceed not just the usual 15-page limit of CRC Rule 3.1113(d), ...

Excerpt: ...ployee Handbook” and agreed to “abide by these rules during my employment”. (However, defendant did not provide the court with the actual handbook that allegedly contains the arbitration agreement to show that plaintiff in fact received the arbitration agreement on June 26, 2017.) On July 3, 2017, after plaintiff's week of training, plaintiff signed the arbitration agreement in the employee handbook. Around July 26, 2017, plaintiff signed a...

Excerpt: ...age was 181,892 unique Acorn accounts. However, the list provided to the administrator included 232,199 accounts. Plaintiff must provide an explanation for the substantial increase in the number of accounts. The Administrator cleansed the list of accounts to remove duplicates and otherwise remove purportedly invalid e-mail addresses, and so notice was sent for only 218,684 of those accounts, and only 213,035 successfully received the notice, as t...

Excerpt: ...t Agreement, all claims for civil penalties under PAGA that were asserted or could have been asserted based on the facts alleged in the Second Amended Complaint, including the specific claims set forth in subsections (a) through (h) of Section 2.2 of the Settlement Agreement. It is within the extent allowed by law to permit the release of the claims for (e) failure to reimburse necessary business- related expenses and (g) failure to pay all veste...

Excerpt: ...ng of a redacted version of the document, attached as Exhibit A to the Declaration of Tyler J. Scott in support of this motion. It is further ordered that ROA 1012 be sealed upon the filing of a redacted version of the document, attached as Exhibit B to the Scott Declaration. It is further ordered that ROA 950 be sealed upon the filing of a redacted version of the document, attached as Exhibit C to the Scott Declaration. Defendant must file the r...

Excerpt: ...records under Evidence Code §§452(d). However, while courts may take judicial notice of court records and their dates, parties 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, 264-65; Herrera v. Deutsche Bank National Trust Co. (2011) 196 Cal. App. 4th 1366, 1375. NMAC has shown good cause for a subsequent deposition of Michael Kah...

Excerpt: ...ployee Handbook” and agreed to “abide by these rules during my employment”. (However, defendant did not provide the court with the actual handbook that allegedly contains the arbitration agreement to show that plaintiff in fact received the arbitration agreement on June 26, 2017.) On July 3, 2017, after plaintiff's week of training, plaintiff signed the arbitration agreement in the employee handbook. Around July 26, 2017, plaintiff signed a...

Excerpt: ...ial Notice are denied as irrelevant. Zucchet v. Galardi (2014) 229 Cal. App. 4th 1466, 1474 n.5. Plaintiff's evidentiary objections were neither numbered consecutively nor accompanied by a proposed order. As such, they did not comply with CRC Rule 3.1354(b) and (c) and the court declines to rule on them. Hodjat v. State Farm Mutual Automobile Ins. Co. (2012) 211 Cal. App. 4th 1, 8. Under CCP §437c(f)(1), a party may bring a motion for summary ad...

Excerpt: ...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 moving points and authorities are 28 pages long, far exceeding the 15-page limit of CRC Rule 3...

Excerpt: ...t apply to any class member, and defendant has provided evidence raising triable issues of fact as to this affirmative defense. Under the Industrial Welfare Commission's orders concerning employees in the mercantile industry, “the overtime provisions do not apply when more than one half the employee's compensation represents commissions”. Keyes Motors, Inc. v. Division of Lab. Standards Enforcement (1987) 197 Cal. App. 3d 557, 561. Specifical...

Excerpt: ...tract or Unjust Enrichment, was adopted recently, in November 2019. The instruction provides that a plaintiff “is entitled to restitution if it proves that defendant knew or had reason to know that [specify act constituting unjust enrichment]”. The Directions for Use state, “The elements of a claim for unjust enrichment are receipt of a benefit and unjust retention of the benefit at the expense of another. (Professional Tax Appeal v. Kenned...

Excerpt: ...referee, who will be appointed to hear and determine any and all discovery motions and disputes relevant to discovery in this action. CCP §§639-645.1 and CRC Rules 3.920-3.932 will apply to the reference. The court concludes that disputes exist between the parties as to multiple discovery matters and that the interests of justice and efficiency will be best served by the appointment of a discovery referee to hear and determine the discovery mat...

Excerpt: ...932 will apply to the reference. The court concludes that disputes exist between the parties as to multiple discovery matters and that the interests of justice and efficiency will be best served by the appointment of a discovery referee to hear and determine the discovery matters and make recommendations to the court on them. Pursuant to CCP §639(a)(5), the court specifically finds that the following exceptional circumstances exist in this case:...

Excerpt: ... jointly and severally, in the amount of $1,720, payable within 30 days. Defendants' request for monetary sanctions against plaintiff is denied. Plaintiff first noticed PMK depositions for defendants on December 4, 2018, over 3 1/2 years ago. Plaintiff noticed the depositions for January 15-17, 2019. Defendants took issue with the dates, but after several attempts to meet and confer, none of the depositions went forward. On April 27, 2020, plaint...

Excerpt: ...stitution if it proves that defendant knew or had reason to know that [specify act constituting unjust enrichment]”. The Directions for Use state, “The elements of a claim for unjust enrichment are receipt of a benefit and unjust retention of the benefit at the expense of another. (Professional Tax Appeal v. Kennedy-Wilson Holdings, Inc. (2018) 29 Cal. App. 5th 230, 238-242.)” The Sources and Authority for the instruction quote the Professi...

Excerpt: ... 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. Paragraph 13 of the settlement agreement defines the Effective Date to require approval of the settlement by the Superio...

Excerpt: ... 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. Counsel has identified the estimated average and high payments to class members under the proposed settle...

Excerpt: ...ontract at issue was entered into. In its opposition papers, plaintiff explains that it made this assertion because plaintiff was the last party to sign the release, and that it did so in Orange County. Plaintiff cites Braunstein v. Superior Court (1964) 225 Cal. App. 2d 691, 696, in which the court held that the place of making a contract is the place where the last act necessary for its validity was done. Defendant responds that venue is proper...

Excerpt: ...hat all of the requested documents are privileged, or that she inspected all of the potentially responsive documents to establish they are all privileged, and thus Peck has not established good cause for the protective order she seeks. Snell and Grad's opposition request for sanctions is granted against Judith Peck in the amount of $6,750, payable within 30 days. Peck's motion lacks substantial justification, and no other circumstances make the i...

Excerpt: ...dant's Motion to Seal Certain Portions of Plaintiff Heritage Fields El Toro, LLC's Oppositions to AIG Specialty's Motions in Limine is granted as to plaintiff's Opposition to Motion in Limine #5 and 6, but is denied as to plaintiff's Opposition to Motion in Limine #2. Contrary to the assertion in defendant's Notice of Motion, pages 17-19 of Exhibit 1 to the Declaration of Jeffery A. Kiburtz in Support of Heritage Fields' Opposition to AIG Special...

Excerpt: ...ion is not supported by the findings, or the findings are not supported by the evidence. 11 Lagunita, LLC vs. California Coastal Commission (2020) 58 Cal. App. 5th 904, 918. The agency is the finder of fact, and the court must indulge all reasonable inferences from the evidence that would support the agency's determinations, resolve all conflicts in the evidence in favor of the agency's decision, and presume the correctness of the decision. Save ...

Excerpt: ...t a proof of service by mail of copies of the applications and the notice of hearing of the applications on the State Bar of California at its San Francisco office. The applicants also have not complied with CRC Rule 9.40(e) since they have not shown that they paid the $50 fee to the State Bar of California with the copy of the application and the notice of hearing that must be served on the State Bar. Defendant Kelcourt Plastics, Inc.'s Demurrer...

Excerpt: ...as established the criteria set forth in CRC Rule 2.550(d). The court expressly finds that the facts establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restric...

Excerpt: ...rties 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 §1281.2. Plaintiff does not dispute that he signed the arbitration agreement, or that the agreement applies to all of his claims ...

Excerpt: ...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 parties failed to file a Notice of Related Case, even though defense counsel here also represents the same de...

Excerpt: ...ttlement agreement. Counsel also must provide a red-lined version of any revised papers. Because a PAGA settlement binds the State and forecloses other employees' PAGA actions that are based on the claims being settled, counsel must disclose whether there are any other pending class action, individual, or PAGA lawsuits, whether filed with a court or in the pre-filing LWDA waiting period, that could be affected by this settlement. The motion fails...

Excerpt: ...o Second Amended Complaint (ROA #253), and (3) Defendant Wolfgang F. Hahn's Demurrer to Plaintiff's Second Amended Complaint, are all sustained with leave to amend until 30 days after the court rules on plaintiff's Motion for Leave to Amend Plaintiffs' Complaint, set for hearing on May 27, 2022. All parties' Requests for Judicial Notice are granted. Plaintiff Richard Carlson has split his causes of action to the extent he asserts in both this cas...

Excerpt: ...f 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. Counsel must disclose whether there are any other pending class action, individual, or PAGA lawsuits, wheth...

Excerpt: ...er the gross settlement amount should be increased to render the settlement fair, adequate and reasonable. Although the settlement agreement contains an escalator clause, there is no indication as to whether the escalator clause has been triggered. Since the Administrator has not disclosed the date that remailed notice packets were sent out, it is not clear whether the deadline to opt out, object in writing, or dispute workweeks has passed. Moreo...

Excerpt: ... 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 simply asserting that the issues have been resolved. As to the Settlement Agreement: 1. Notice to the LWDA w...

Excerpt: ...f 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 fails to provide the class members' estimated low payment under the proposed settlement, informa...

Excerpt: ...apers, 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. Counsel must disclose whether there are any other pending class action, individual, or PAGA lawsuits, whether filed with a...

Excerpt: ...uston Partners, LLC, William E. Bump, Thomas F. Scheidt, Ellen B. Friedman, Lawrence F. Leventon, Paul L. Cohen, Edward Henkin and Pat McRoberts. Defendants' Request for Judicial Notice is granted. It is appropriate for the court to take judicial notice of the status of an entity as listed on the Secretary of State's website. Newport Harbor Ventures, LLC v. Morris Cerrulo World Evangelism (2016) 6 Cal. App. 5th 1207, 1215. However, even though th...

Excerpt: ...sed 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 meritless, the court can properly overrule, and a reviewing court ignore, all of the objections on the ground that they constitute oppression of the opposing party and an imposition on the resources of the c...

Excerpt: ...tayed pending completion of the arbitration. The Status Conference set for today is ordered off calendar. A Post- Arbitration Review Hearing is set for October 7, 2022 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, the Agree...

Excerpt: ... rescind the annuities that form the basis of this lawsuit. However, the court in Major Clients Agency v. Diemer (1998) 67 Cal. App. 4th 1116, held that a claim for equitable indemnity must be based on a joint legal obligation to another for damages. 67 Cal. App. 4th at 1131. Here, if Daily improperly withheld the two letters, he could be liable to plaintiffs for malpractice, which is not a tort for which plaintiffs seek to hold these moving defe...

Excerpt: ...'s motion seems to request a blanket finding of privilege, as if every single communication between Peck and any of the 15 plaintiffs is privileged or subject to the joint defense doctrine. Presumably, Peck should inspect plaintiffs' privilege log, and perhaps the documents plaintiffs already produced, to attempt to establish good cause for a protective order. Defendants and plaintiffs must serve their papers on Peck by March 15, 2022, and Peck's...

Excerpt: ...'s and Cini-Little International, Inc.'s Requests for Judicial Notice are granted. When the corporate status of an insured has been suspended, the insurer has the right to intervene in the litigation against the insured to protect its interests. Garamendi v. Golden Eagle Ins. Co. (2004) 116 Cal. App. 4th 694, 709. The moving parties were insurers for defendant, cross-complainant and cross-defendant Rosser International, Inc., who has been suspend...

Excerpt: ... policy that should not have been sold to any investor because split- dollar agreements were no longer being recognized by the IRS as offering tax relief, that Johnston and NFP knew that selling such a policy was unsuitable for the Trust and inappropriate under industry standards, that NFP also knew that the Policy was inappropriate because Minnesota Life had previously refused to underwrite the Policy in 2014, that the sale of the Policy was for...

Excerpt: ...ayed pending completion of the arbitration. The Case Management Conference set for today is ordered off calendar. A Post-Arbitration Review Hearing is set for August 25, 2022 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 exist valid agreements between plaintiff and defendants to arbitrate the individual c...

Excerpt: ...is denied. Defendant's responses are not code compliant. The requests mostly asked defendant to admit that a certain statement was made. Defendant's responses simply referenced some communications, without admitting or denying whether the requested statement was made. (Even though defendant “otherwise denied” all of the requests, this denial was legally insufficient in the context of the entire response.) Defendant failed to comply with the s...

Excerpt: ...blished that Faculty, Staff and Child Care Teacher Retirees have a vested right to be provided with District-funded benefits under the same medical plan as active employees, or that the District's Approved Policy Changes Effective July 1, 2022 are inconsistent with or breach any vested rights held by those Retirees. On August 9, 2021, the Board approved a health insurance plan to go into effect on July 1, 2022 that transitioned all Medicare eligi...

Excerpt: ...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. Plaintiffs Nichole Kec and Hopeton Dias have both brought this motion, and are both parties to the settlement agreement, yet plaintiffs seek an enhancement award only for plaintiff Nichole Kec, not for plaintiff Hopeton Dias. Plai...

Excerpt: ...uding the proposed letter to the aggrieved employees. The motion fails to provide the aggrieved employees' estimated individual recovery under the proposed settlement, including maximum, minimum and average workweeks, and estimated high, low and average payments to be paid to the aggrieved employees based on their workweeks, information that would enable the court to better evaluate the reasonableness of the settlement. The Settlement Agreement p...

Excerpt: ...s only parties whom the plaintiff sued. Parties are entitled to allege alternative claims for recovery, such as express indemnity and equitable indemnity, as well as declaratory relief. A cause of action is not uncertain just because a written agreement on which the claim is based might be uncertain. Defendant Manamed, Inc.'s Motion for Summary Adjudication as to Plaintiff Team Makena's Seventh Cause of Action for Misappropriation of Trade Secret...

Excerpt: ...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 simply asserting that the issues have been resolved. On May 18, 2021, the court signed the parties' proposed Order, based on the parties' stipulation, that the Flott and Ca...

Excerpt: ...Cleaning Services, Inc.'s Request for Judicial Notice is denied. All of plaintiff's individual claims are ordered to arbitration. Plaintiff's class claims are dismissed without prejudice. This action is ordered stayed pending completion of the arbitration. The Status Conference set for today is ordered off calendar. A Post-Arbitration Review Hearing is set for July 15, 2022 at 9:00 a.m. The parties must file a Joint Status Report at least a week ...

Excerpt: ...r policy and the life insurance policy at issue should be disregarded because plaintiffs fail to allege any facts as to how or by what method defendants allegedly participated, and to whom, how, and by what method the recommendation was made. This allegation, however, is legally sufficient, even if defendants question multiple people making one recommendation. Defendants may serve contention interrogatories to obtain more details. Defendants also...

Excerpt: ... 2019 WL 5078725. Under Del. Code §18-803(b), a limited liability company may prosecute or defend suits only until the time a certificate of cancellation is filed. However, under Del. Code §18-804(b)(3), an LLC that is dissolved is required to make provisions to be reasonably likely to cover compensation for claims that have not been made known to the LLC or arisen, but based on facts known to the LLC are likely to arise or become known within ...

Excerpt: ...for Judicial Notice is granted. NVSI's Request for Judicial Notice is granted. Eshelman's Objections to Evidence are sustained, except that Objection to Declaration of Ivan Stankevich #3 and Objection to Declaration of Alex Nelson #5 are overruled. The facts set forth in Eshelman's Separate Statement do not negate all of NVSI's allegations of wrongdoing against her. Many of the facts asserted to be undisputed are actually disputed. NVSI has prese...

Excerpt: ...hould 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 simply asserting that the issues have been resolved. The moving papers do not include a copy of the PAGA letter that was sent to the LWDA on June 10, 2019. The court needs a copy of the letter to verify that the settlement terms are consistent with the...

Excerpt: ... Order Granting Plaintiffs' Motion for Approval of PAGA Settlement and Final Judgment Thereon filed on March 9, 2018 defined aggrieved employees to include “any and all employees of Maruchan Inc., who performed work at any Maruchan facility in California during the time period running from April 14, 2014 through March 8, 2018”. Plaintiff alleges in paragraph 18 of her First Amended Complaint, “Plaintiff was hired in August 2015 and worked u...

Excerpt: ...ent on a motion to compel further responses to interrogatories, and Rule 3.1345(c) requires that the Separate Statement “provide all the information necessary to understand each discovery request and all the responses to it that are at issue”, “be full and complete so that no person is required to review any other document in order to determine the full request and the full response”, and “If the response to a particular discovery reque...

Excerpt: ...he court declines to rule on AIG Specialty Insurance Company's Objections to Evidence Submitted by Plaintiff in Opposition, on the ground that the objections are not material to the ruling on the motion. CCP §437c(q). Plaintiff's Request for Judicial Notice is granted. Defendant AIG contends that the main policy coverage provision at issue, Coverage A, does not provide coverage for the costs associated with the Fuel Line Claim and the PRL 354 Cl...

Excerpt: ...grant the motions, as Dirks proposes. Omar's initial briefs were one day late, and his reply briefs were ten days late, but there have been no objections. Kabran v. Sharp Memorial Hospital (2017) 2 Cal. 5th 330, 346. Dirks argues that Wardak was not a proper derivative plaintiff on behalf of WLOW because he no longer owned an interest in the LLC. The court in Favila v. Katten Muchin Rosenman LLP (2010) 188 Cal. App. 4th 189, 215, rejected such an...

Excerpt: ...r the oppositions, that would not mean the court would automatically grant the motions, as Dirks proposes. Omar's initial briefs were one day late, and his reply briefs were ten days late, but there have been no objections. Kabran v. Sharp Memorial Hospital (2017) 2 Cal. 5th 330, 346. Dirks argues that Wardak was not a proper derivative plaintiff on behalf of WLOW because he no longer owned an interest in the LLC. The court in Favila v. Katten Mu...

Excerpt: ...nsation insurance for PSMG, but this case does not involve any workers' compensation insurance issues for any entity. Defendant Semaan can invoke his Fifth Amendment privilege if and when it becomes necessary, the likelihood and extent of which appear to be minimal, and the court can rule at that time if necessary. If Semaan is ever charged with crimes as to defendant The Original Wine Club, Inc., defendants may renew their request for a stay of ...

Excerpt: ...ration is not yet complete. The court concludes that there exists a valid agreement to arbitrate the claims asserted by plaintiff, the Dispute Resolution Policy (the “Agreement”), and that no grounds exist to bar enforcement of the Agreement. CCP §1281.2. The arbitration agreement waives class claims. Thus, case law provides for dismissal without prejudice of the class claims. Epic Systems Corp. v. Lewis (2018) 138 Sup. Ct. 1612; Stolt-Niels...

Excerpt: ... 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 simply asserting that the issues have been resolved. The settlement agreement (in ¶51a.iii) and class notice (on p. 4) provide that the Administrator will resolve any wor...

Excerpt: ...ntiff's Evidentiary Objections are sustained as to #1 (third sentence only), #2 (first sentence only), and #4 (all except last sentence), and are otherwise overruled. Plaintiff's Objection to New Evidence is overruled. Espejo v. Southern California Permanente Medical Group (2016) 246 Cal. App. 4th 1047, 1060. Moreover, the court notes that plaintiff admits in his own declaration that he recognizes his signature on the Mutual Binding Arbitration A...

Excerpt: ...National Trust Co. (2011) 196 Cal. App. 4th 1366, 1375. Respondent Daniel Keith Larson's Request for Judicial Notice in his opposition on p. 1 is denied as overbroad, and because it violates Evidence Code §453(b), since it includes 2,208 documents. Respondent Daniel Keith Larson's request for his costs, fees and expenses incurred in responding to Petitioners' motion, pursuant to CCP §128.5, is denied as procedurally improper. Petitioners have f...

Excerpt: ... 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 simply asserting that the issues have been resolved. Although the motion provides the estimated average payment to class members under the proposed settlement, it fails to...

Excerpt: ...f any revised papers, including the class notice. Counsel also must 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 just a brief or supplemental declaration asserting that the issues have been resolved. The settlement agreement and the class notice require written objections and do not allow class members to speak at the...

Excerpt: ...f 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 cover letter to the aggrieved employees, rather than with just a supplemental declaration simply asserting that the issues have been resolved. The release language used in the settlement agre...

Excerpt: ...rd Amended Complaint by defendants Northwood Investors, LLC, Northwood Employees, LP, Northwood Real Estate Partners, LP, and Northwood Real Estate Partners TE, LP, is SUSTAINED WITHOUT LEAVE TO AMEND. The First Cause of Action is for Breach of Fiduciary Duty. Plaintiff adequately alleges that defendants Mikles, Locoh, Sovereign Capital Management Group, Inc. (SCMG) and Infinity Urban Century, LLC (IUC) are alter egos of NNNRI and DPR, who were f...

Excerpt: ...E, LP, is SUSTAINED WITHOUT LEAVE TO AMEND in full. In the First Cause of Action for Breach of Fiduciary Duty, plaintiffs adequately allege that defendants Mikles, Locoh, Sovereign Capital Management Group, Inc. (SCMG) and Infinity Urban Century, LLC (IUC) are alter egos of NNNRI and DPR, who were financial advisors to plaintiffs, and who therefore owed plaintiffs a fiduciary duty, and who allegedly breached that duty by duping plaintiffs into se...

Excerpt: ...leges that NNNRI was the formal advisor to G-Trust, and therefore owed fiduciary duties to the tenant in common owners of the properties. 4AC, ¶25. The demurrer by these defendants does not challenge the sufficiency of the allegations of breach against NNNRI. The Demurrer to the First Cause of Action by defendant Northwood Investors, LLC is SUSTAINED WITHOUT LEAVE TO AMEND, since plaintiff has failed to allege sufficient facts to show that North...

Excerpt: ...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, 264-65; Herrera v. Deutsche Bank National Trust Co. (2011) 196 Cal. App. 4th 1366, 1375. Defendant Velocity's objection to the Evidentiary Appendix, Exhibit 3, is sustained because the court sees no foundation for it, and defendant's other objections to the Evidentiary Appendix are overruled. Defendant Velo...

Excerpt: ...ual recovery under the proposed settlement, including maximum, minimum and average workweeks, and estimated high, low and average payments to be paid to the aggrieved employees based on their workweeks, information that would enable the court to better evaluate the reasonableness of the settlement. The definition of Released Claims used in the settlement agreement in Section I(V) on pp. 3-4 is too broad. Because the scope of a lawsuit is defined ...

Excerpt: ...nce set for December 9, 2021 is ordered off calendar. A Post-Arbitration Review Hearing is set for April 1, 2022 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 claims asserted by plaintiff and that no grounds exist to bar enforcement of the agreement. CCP §1281.2....

Excerpt: ... three Requests for Judicial Notice are granted. However, while courts may take judicial notice of public records and their dates, parties 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, 264-65; Herrera v. Deutsche Bank National Trust Co. (2011) 196 Cal. App. 4th 1366, 1375. The standing issues in this case exist, at least in part, ...

Excerpt: ... the court on April 16, 2021, and therefore relevant for the court to consider in ruling on defendants' Motions to Quash, set for hearing on October 15, 2021. Contrary to plaintiffs' contentions, however, whether Northwood Investors operated as an advisor or manager to three entities that funded a Joint Venture known as NW Congress Center, LLC, which itself was based in California, is irrelevant to the jurisdictional analysis. Nor are plaintiffs ...

Excerpt: ...nd which does not exceed the reasonable costs to the local government of providing the service or product”. Thus, the portion of the City of Anaheim's Electric Utility fees that represents the reasonable cost to the City of providing the service is not a tax. But the City's Electric Utility also pays to the City's general fund an amount of up to 4% of the Electric Utility's gross revenue earned during the previous fiscal year. Plaintiff contend...

Excerpt: ...d 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 simply asserting that the issues have been resolved. The court's file in the first case filed by plaintiff against defendant, Case No. 2020- 01136520, reveals that plaintiff settl...

Excerpt: ...f action under any legal theory, regardless of what label plaintiffs place on their cause of action, and whether they state facts disclosing some right to relief. Michaelian v. State Comp. Ins. Fund (1996) 50 Cal. App. 4th 1093, 1105; Cellular Plus, Inc. v. Superior Court (1993) 14 Cal. App. 4th 1224, 1231. In paragraphs 54-57 and 64 of their Third Amended Complaint, on pp. 27 and 30, plaintiffs allege that the towing of plaintiffs' vehicles viol...

Excerpt: ... Jose Garcia and Amado Sandria Zarate. Plaintiffs request a 45% attorney fee award, but that request is highly excessive. The usual attorney fee award in wage and hour class action cases is anywhere from 25% to 33 1/3%, with the most common award in federal court being 25% and the most common award in state court being 33 1/3%. On very rare occasions this court has awarded 35%, and plaintiffs here are being awarded 35% because of the amount of ti...

Excerpt: ...ded Complaint, and (3) Defendant Wolfgang F. Hahn's Demurrer to Plaintiff's First Amended Complaint, are all sustained with 20 days leave to amend. Defendant CalPrivate Bank's Joinder to Defendants Mikles Trust's and Other Defendants' Demurrer to First Amended Complaint is denied – CalPrivate Bank has its own demurrer and in any event must rely on allegations plaintiff makes against CalPrivate Bank, not against other defendants. All parties' Re...

Excerpt: ...h causes of action, is sustained with 15 days leave to amend as to the 10th cause of action, and is sustained without leave to amend as to the 11th cause of action. Defendant Pacific Life Insurance Company's Demurrer to Second Amended Complaint is overruled as to the 1st and 9th causes of action, and is sustained without leave to amend as to the 11th cause of action. Defendants NFP Insurance Services, Inc. and Robin Johnston's Demurrer to Second ...

Excerpt: ...and Complaints created by plaintiff's counsel in other cases are neither necessary, helpful or relevant here. Defendant's 5/24/21 RJN, Exhibit A, and Defendant's 8/13/21 RJN, Exhibit 3, do not fall within any statutory category for judicial notice. Plaintiff's PAGA letter is not attached to plaintiff's Complaint and is not incorporated by reference in plaintiff's Complaint, as defendant contends. Nor are website printouts a proper subject of judi...

Excerpt: ...sed 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 simply asserting that the issues have been resolved. Although the motion provides the estimated average payment to class members under the proposed settlement, it fails to provi...

Excerpt: ...ion for the employer's share of payroll and unemployment taxes, which the court does not consider to be part of the common fund on which plaintiff's attorneys' fees should be calculated. An enhancement award of $5,000 is sufficient and proper for a class and settlement of this size, and considering the work (of an unstated amount of hours) that plaintiff spent on this case. The court concludes that the $190,000 class action settlement, as approve...

Excerpt: ...nterested in the action or proceeding.” In 2004, the Court of Appeal held that the relief provisions of CCP §473(b) do not apply to a failure to comply with Public Resources Code §21167.4(a). Nacimiento Regional Water Management Advisory Com. v. Monterey County Water Resources Agency (2004) 122 Cal. App. 4th 961, 968. The court reasoned that the application of the §473(b) relief provisions to CEQA dismissals for failing to request a hearing ...