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: ...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: ...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: ... 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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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...