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