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...

Excerpt: ...epresentatives with claims or defenses typical of the class; and (3) class representatives who can adequately represent the class. Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal. 4th 1004, 1021. These elements are typically referred to as (1) ascertainability; (2) numerosity; (3) commonality; (4) typicality; (5) adequacy; and (6) superiority. Capitol People First v. State Dept. of Developmental Services (2007) 155 Cal. App. 4th 676, 681...

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

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

Excerpt: ...e a red-lined version of any revised papers, including the proposed letter to the aggrieved employees. Counsel also should provide the court with an explanation of how the pending issues were resolved, with references to any corrections to the settlement agreement and the proposed letter to the aggrieved employees, rather than with just a supplemental declaration or brief simply asserting that the issues have been resolved. There is an individual...

Excerpt: ... also should provide a red-lined version of any revised papers, including the class notice. Counsel also should provide the court with an explanation of how the pending issues were resolved, with references to any corrections to the settlement agreement and the class notice, rather than with just a supplemental declaration or brief that simply asserts the issues have been resolved. Although the motion provides the estimated average payment to cla...