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