Excerpt: ...ations in the complaint as a whole must be reviewed to determine whether a set of alleged facts constitutes a cause of action. (People v. Superior Court (Cahuenga's the Spot) (2015) 234 Cal.App.4th 1360, 1376.) A complaint need only meet fact-pleading requirements, which requires a statement of facts constituting a cause of action in ordinary and concise language, and should allege ultimate facts that, as a whole, apprise defendant of the factual...

Excerpt: ...p.4 th 314, 318.) The inquiry on such a motion is limited to the “probable validity” of the lien. (Ibid.) As the lien claimant, Acon bears the burden to establish the probable validity of its mechanics lien by a preponderance of the evidence. (Id. at 319.) Thus, Acon must establish a prima facie case for its lien, and if opposed, the Court must consider the relative merits of the positions of the respective parties and make a determination of...

Excerpt: ... to the allegedly duplicative PAGA causes of action. In the Blanchard Action, Plaintiff sues only for civil penalties (along with attorney's fees and costs) pursuant to Labor Code section 2699. The defined “aggrieved employees” are those from December 6, 2018 through date of judgment. In this Action, Plaintiff seeks class certification of an “Overtime Class,” for a 4 year period immediately preceding the filing of the complaint; a “Wage...

Excerpt: ...he defendant and continues to run until the action is “brought to trial.” (Code Civ. Proc. § 583.310.) The 5-year period in which an action must be brought to trial is tolled (extended) by any period of time during which:  The court's jurisdiction to try the action was suspended (Code Civ. Proc. § 583.340(a)); or  Prosecution or trial of the action was stayed or enjoined (Code Civ. Proc. § 583.340(b)); or  Bringing the action to t...

Excerpt: ...onstitutes a cause of action. (People v. Superior Court (Cahuenga's the Spot) (2015) 234 Cal.App.4th 1360, 1376.) A complaint need only meet fact-pleading requirements, which requires a statement of facts constituting a cause of action in ordinary and concise language, and should allege ultimate facts that, as a whole, apprise defendant of the factual basis of the claim. (Code Civ. Proc. §425.10(a)(1); Navarrete v. Meyer (2015) 237 Cal.App.4th 1...

Excerpt: ... deductions or conclusions of fact or law. The court may also consider matters which may be judicially noticed. Further, the court gives the complaint a reasonable interpretation, reading it as a whole and its parts in their context. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) When a complaint makes both general allegations and specific allegations, and a conflict or inconsistency exists between them, the specific allegations control over the in...

Excerpt: ...ercise of constitutional rights. The purpose of a SLAPP suit is to punish and distract those that oppose the suing party [plaintiff or cross-complainant] by threatening ruinous damages and imposing litigation costs for exercising their free speech rights. (Dixon v. Superior Court (1994) 30 Cal.App.4th 733, 741.) To protect the constitutional right of petition and free speech, the SLAPP statute is broadly construed. (Code Civ. Proc. § 425.16(a).)...

Excerpt: .... The Subpoena seeks the Berman Firm's entire litigation file related to its representation of Pacific Hydrotech Corporation (“PHC”) in the underlying action, Gonzalez v. Pacific Hydrotech Corporation, Orange County Superior Court, Case No. 2016-00861439 (“Gonzales Action”) (RPD 1); all communications between the Berman Firm and PHC (RPD 2); all communications between the Berman Firm and James River (RPD 3); all communications between the...

Excerpt: ...enue is proper where defendant is a resident applies. (California State Parks Foundation v. Superior Court (2007) 150 Cal. App. 4th 826, 833.) CCP §395(a) sets forth the general venue statute and provides in relevant part: “Except as otherwise provided by law and subject to the power of the court to transfer actions or proceedings as provided in this title, the superior court in the county where the defendants or some of them reside at the com...

Excerpt: ... Baker Electric, Inc. (2019) 32 Cal.App.5 th 602, 613.) Plaintiff has complied with the timing requirements under the general motions statute. Even if the arbitration petition statute did apply, that statute permits this Court to extend the time for a response for good cause. Similarly, this Court may consider late-filed oppositions for good cause if there is no undue prejudice to the moving party and in furtherance of the strong policy favoring ...

Excerpt: ...ck Parties (collectively, “Defendants”) make the same arguments, and therefore, are discussed together. The Subpoena seeks essentially all Bank records regarding or related to Defendants Mo Murrayfield, LLC (“Murrayfield”), Mo Azzurri, LLC (“Azzurri”), TRP Fund, TwinRock Partners, LLC (“TwinRock Partners”), TwinRock Holdings, LLC (“TwinRock Holdings”) and TwinRock Management Inc. (“TwinRock Management”) (collectively, “S...

Excerpt: ...be appointed as Liason Counsel, and to have an Executive Committee appointed, made up of a representative from each of the five cases. Counsel in the Dias, Knipe and Romero cases seek to have three attorney firms appointed as Co-Lead Counsel, and to have attorneys Silverstein and Westerman appointed as Liaison Counsel. This case is now proceeding under the “Consolidated Complaint for Civil Penalties Pursuant to the Private Attorneys General Act...

Excerpt: ...Inc. v. DavisReed Construction, Inc., Case No. 30- 2018-00996904; 5. Kone, Inc. v. DavisReed Construction, Inc., Case No. 2018-01007275; 6. Empire Insulation, Inc. v. DavisReed Construction, Inc., Case No. 30-2018- 01007452; 7. Traditions Drywall, Inc. v. DavisReed Construction, Inc., Case No. 30-2018- 01008344; 8. Troxy Enterprises, Inc. v. DavisReed Construction, Inc., Case No. 30-2018- 01010315; 9. Qwest Engineering, Inc. v. The Waterfront Hot...

Excerpt: ...s impracticable to bring them all before the court …” “The party advocating class treatment must demonstrate the existence of an ascertainable and sufficiently numerous class, a well-defined community of interest, and substantial benefits from certification that render proceeding as a class superior to the alternatives. [Citations.] In turn, the community of interest requirement embodies three factors: (1) predominant common questions of la...

Excerpt: ...ch discovery is reasonably calculated to lead to evidence admissible under section 1094.5.” (Pomona, supra, 55 Cal.App.4th at 102.) “[D]iscovery under section 1094.5, unlike general civil discovery, cannot be used to go on a fishing expedition looking for unknown facts to support speculative theories.” (Pomona, supra, 55 Cal.App.4th at 102). “The stringent requirements set forth in section 1094.5, subdivision (e) require the moving party ...

Excerpt: ..., against Defendant Cylance, Inc. (“Cylance”) and (2) to arbitrate all his claims, except his PAGA claims, against Blackberry Corporation (“Blackberry”) through April 30, 2019. Saunders does not dispute that he entered into an Agreement and Acceptance of Arbitration Agreement (“AAA”) with Defendant Cylance, Inc. (“Cylance”) that encompasses this dispute. Regarding Blackberry, Defendants have shown only that Saunders agreed to arbi...

Excerpt: ...re applicable in determining if a complaint states a cause of action.” (South Shore Land Co. v. Petersen (1964) 226 Cal. App. 2d 725, 732.) A determination of the sufficiency of an answer requires an examination of the complaint because the adequacy of the answer is with reference to the complaint it purports to answer. (Id. at 733.) Further, the same pleading of ultimate facts rather than legal conclusions is required in pleading an answer as ...

Excerpt: ...t be a valid arbitration agreement between the parties. (Code Civ. Proc., § 1281.2; Chiron Corp. v. Ortho Diagnostic Sys., Inc. (9th Cir. 2000) 207 F.3d 1126, 1130.) Moving party bears the burden of proving the existence of an arbitration agreement by a preponderance of the evidence. (Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 413 (Rosenthal); Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972.) Def...

Excerpt: ...cted, rather than an “amended joint stipulation,” so as to avoid use of limited Court time and resources. A redlined copy of any amended Notice Packet materials should also be submitted for the Court's reference and convenience. As to the Settlement Agreement 1. Plaintiff's counsel seeks attorneys' fees of 1/3 of the Gross Settlement Amount (“GSA”) (SA, ¶¶ 16, 50.) The GSA includes amounts paid by Defendant under the Direct Settlement P...

Excerpt: ...g times: (a) After the claimant ceases to provide work. (b) Before the earlier of the following times: (1) Ninety days after completion of the work of improvement. (2) Thirty days after the owner records a notice of completion or cessation. While the briefs suggest disagreement on the applicable standard, the parties each cite to Civil Code §8180(a)(2) and authority discussing the same. Ultimately, the parties agree that occupation “accompanie...

Excerpt: ... on Defendants' motion to permit Leonard an opportunity to submit admissible evidence as to the presence of mold in his unit and causation of his injuries. Following a hearing on July 9, 2020, on July 10, 2020, the Court issued a minute order further continuing the hearing to July 30, 2020. On July 30, 2020, the Court continued the hearing to September 10, 2020 and allowed for limited supplemental briefing. Regarding the continuances in this matt...

Excerpt: ...nd Defendant's objections to attorney Wong's declaration in support of the opposition (ROA 121), the Court SUSTAINS the hearsay objections but OVERRULES all other objections. Both declarants declare that they spoke to the same Anaheim police detective who is investigating Defendant. Unless the facts are declared by both attorneys, the court will not consider the detective's statements for the truth of the matter asserted therein, but may consider...

Excerpt: ...sonably calculated to lead to evidence admissible under section 1094.5.” (Pomona Valley Hospital Medical Center v. Superior Court (1997) 55 Cal.App.4th 93, 102). “[D]iscovery under section 1094.5, unlike general civil discovery, cannot be used to go on a fishing expedition looking for unknown facts to support speculative theories.” (Pomona, supra, 55 Cal.App.4th at 102). “The stringent requirements set forth in section 1094.5, subdivision...

Excerpt: ...re-review of previously filed documents. A redlined copy of any amended Notice Packet materials should also be submitted for the Court's reference. As to the Settlement 1. It appears that in section 1.24, Participating Class Members should mean "those Settlement Class Members and PAGA Members . . ." 2. The Settlement Class Released Claims includes a release of PAGA claims, but it is unclear whether such overlap with the PAGA Released Claims is ap...

Excerpt: ....) “The evident purpose of the notice requirement is to afford the [LWDA], the opportunity to decide whether to allocate scarce resources to an investigation, a decision better made with knowledge of the allegations an aggrieved employee is making and any basis for those allegations. Notice to the employer serves the purpose of allowing the employer to submit a response to the agency [citations], again thereby promoting an informed agency decis...

Excerpt: ...intiffs' objections to paragraphs 4-5 of defense counsel Pilchman's declaration in support of the opposition (ROA 96) are SUSTAINED. Plaintiffs ask that the FAA be stricken because it is unverified. Subject to exceptions not applicable here, if a complaint is verified, the defendant must verify the answer. (Code Civ. Proc., § 446, subd. (a).) An unverified answer that is required to be verified is subject to motion to strike. (See Code Civ. Proc...

Excerpt: ...s motions for sanctions against specially appearing defendants Robert Hill (“Hill”), Greg Logsdon (“Logsdon”), Southside Ventures, LLC (“Southside”) and Log Hill Properties & Consulting LLC (“Log Hill”) (collectively the “Southside Parties”) are GRANTED IN PART as follows. On November 19, 2019 Plaintiff filed an ex parte application to continue the hearing on the Southside Parties' motion to quash service of the summons and co...

Excerpt: ...ICIAL NOTICE of the existence and filing of the following pleadings in the related case of Guy Yocom Construction, Inc. v. Davis/Reed Construction Inc. (OCSC Case No. 2018-01034744) (the GYC Action): DavisREED Construction, Inc.'s (Davis) Cross-Complaint (ROA 23); and Waterfront Hotel, LLC's (Waterfront) Cross-Complaint (ROA 35). Code of Civil Procedure section 425.16 “provides a procedure for weeding out, at an early stage, meritless claims ar...

Excerpt: ...s a matter of law because California Labor Code section 1174 does not contemplate a private right of action. Groceryworks is correct.”). “‘[W]hen regulatory statutes provide a comprehensive scheme for enforcement by an administrative agency,'” as with the Labor Code, “ ‘courts ordinarily conclude that the Legislature intended the administrative remedy to be exclusive unless the statutory language or legislative history clearly indicat...

Excerpt: ...as noted in the court's Minute Orders of July 9, 2020 and July 10, 2020. Plaintiffs have filed nothing further since the July 9, 2020 hearing. As discussed below, Leonard does not meet his burden of proof. Evidentiary Objections 1. Overruled. 2. Sustained. (Evid. C. §§ 403, 1200, 702, 801-803.) 3. Sustained. (Evid. C. §§ 403, 1200, 702, 801-803.) 4. Sustained. (Evid. C. § 403, 702.) 5. Sustained. (Evid. C. § 403, 702, 801-803, 1200.) 6. Sus...

Excerpt: ...avoiding unseemly conflicts with the courts of other jurisdictions. It should also consider whether the rights of the parties can best be determined by the court of the other jurisdiction because of the nature of the subject matter, the availability of witnesses, or the stage to which the proceedings in the other court have already advanced.” (Farmland Irr. Co. v. Dopplmaier (1957) 48 Cal.2d 208, 215.) While there is overlap between this action...

Excerpt: ...avoiding unseemly conflicts with the courts of other jurisdictions. It should also consider whether the rights of the parties can best be determined by the court of the other jurisdiction because of the nature of the subject matter, the availability of witnesses, or the stage to which the proceedings in the other court have already advanced.” (Farmland Irr. Co. v. Dopplmaier (1957) 48 Cal.2d 208, 215.) While there is overlap between this action...

Excerpt: ...defendant negates any essential element of a particular cause of action. (See Cantu v Resolution Trust Corp. (1992) 4 Cal.App.4th 857, 880.) In ruling on a demurrer, the court accepts as true the facts alleged and inferences therefrom. (Sheehan v San Francisco 49ers, Ltd. (2009) 45 Cal.4th 992, 998; Thompson v Ioane (2017) 11 Cal.App.5th 1180, 1190; Cundiff v GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1405, 125.) However, the court need not assu...

Excerpt: ...f exclusive concurrent jurisdiction, ‘when two [California] superior courts have concurrent jurisdiction over the subject matter and all parties involved in litigation, the first to assume jurisdiction has exclusive and continuing jurisdiction over the subject matter and all parties involved until such time as all necessarily related matters have been resolved.” (People ex rel. Garamendi v. American Autoplan, Inc. (1993) 20 Cal.App.4 th 760, ...

Excerpt: ... defendant KSL Resorts Corporation is dismissed from the lawsuit. When does Plaintiff intend to dismiss the claims against defendant KSL MBR Management II, LLC? 2. As set forth in the 1/23/2020 minute order, Plaintiff must provide an estimate of the low and high recovery of the “aggrieved employees,” and state the amount expected to be received by Plaintiff. Plaintiff has only provided the average recovery of the aggrieved employees. (See Sup...

Excerpt: ... 531, 549.) As to the Settlement 6. Please confirm Plaintiff is the only aggrieved employee. 7. Plaintiff must provide valuations for each component of the PAGA claim so the Court can assess whether the $1,000 allocated to PAGA is fair. Plaintiff must also state the documents it reviewed in determining its valuations. 8. What claims if any remain pending against defendants who are not party to the settlement? 9. Do any of the parties know of any ...

Excerpt: ... Heartland Payment Systems, Inc. (2018) 29 Cal.App.5th 725, 732 [internal quotations and citation omitted].) Mandatory intervention is improper. Rubio is unable to establish the second prong of the test. The settlement does not impair or impede Rubio's ability to protect his interests. In particular, if Rubio is unhappy with the settlement he may opt out. Or, if he does not want to opt out, he may object and explain why it is unfair or inadequate...

Excerpt: ...d documents of which Defendants seek judicial notice. Judicial notice is granted as to the initial complaint, first amended complaint (“FAC”), and seconded amended complaint (“SAC”) filed by Plaintiffs in this action. (Evid. Code, § 452(d).) Judicial notice is also granted as to Facts 1 through 5. (Evid. Code, § 452(d), (h).) However, judicial notice is denied as to Facts 6 through 10, which are disputed by Plaintiffs. (See Herrera v. D...

Excerpt: ..., the complaint need only allege facts sufficient to state a cause of action; each evidentiary fact that might eventually form part of the plaintiff's proof need not be alleged.” (C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872.) “What is important is that the complaint as a whole contain sufficient facts to apprise the defendant of the basis upon which the plaintiff is seeking relief.” (Doheny Park Terrace Homeow...

Excerpt: ...g class sufficiency at the pleading stage and directed that this issue be determined by a motion for class certification. In order to effect this judicial policy, the California Supreme Court has mandated that a candidate complaint for class action consideration, if at all possible, be allowed to survive the pleading stages of litigation.” (Gutierrez v. California Commerce Club (2010) 187 Cal.App.4th 969, 976.) Resolving issues of class certifi...

Excerpt: ...' Request for Judicial Notice, Exs. A and B.) A party may demur to a pleading if “[t]here is another action pending between the same parties on the same cause of action.” (Code Civ. Proc., § 430.10(c).) “The theory underlying this defense is that because the first action will normally provide an adequate remedy the second action is unnecessary and vexatious.” (Conservatorship of Pacheco (1990) 224 Cal.App.3d 171, 175.) Such demurrers are...

Excerpt: ...ties shall also provide redline copies of the revised notice and proposed order. A judgment in a PAGA action “binds all those, including nonparty aggrieved employees, who would be bound by a judgment in an action brought by the government.” (Arias v. Superior Court (2009) 46 Cal.4th 969, 986.) Thus, “PAGA settlements are subject to trial court review and approval, ensuring that any negotiated resolution is fair to those affected.” (Willia...

Excerpt: ...e USA, LLC's (“Hearthside”) motion to compel arbitration is GRANTED. The FAA applies to the arbitration agreement. The agreement specifies that the FAA applies. (Mundo Decl., Ex. B, ¶ 1; Rodriguez v. American Technologies, Inc. (2006) 136 Cal.App.4th 1110, 1122.) Moreover, sufficient evidence has been presented that the arbitration agreement concerns interstate commerce. (Allied-Bruce Terminix Companies, Inc. v. Dobson (1995) 513 U.S. 265, 2...

Excerpt: ...e USA, LLC's (“Hearthside”) motion to compel arbitration is GRANTED. The FAA applies to the arbitration agreement. The agreement specifies that the FAA applies. (Mundo Decl., Ex. B, ¶ 1; Rodriguez v. American Technologies, Inc. (2006) 136 Cal.App.4th 1110, 1122.) Moreover, sufficient evidence has been presented that the arbitration agreement concerns interstate commerce. (Allied-Bruce Terminix Companies, Inc. v. Dobson (1995) 513 U.S. 265, 2...

Excerpt: ... matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence ….” (Code Civ. Proc., § 2017.010.) “For discovery purposes, information is relevant if it ‘might reasonably assist a party in evaluating the case, preparing for trial, or facilitating settlement....'” (Gonzalez v. Superior Court (1995) 33 Cal.App.4th 1539, 1546.) “[D]iscovery must be construed liberally in ...

Excerpt: ...rovide a redline copy of the amended notice. A judgment in a PAGA action "binds all those, including nonparty aggrieved employees, who would be bound by a judgment in an action brought by the government." (Arias v. Superior Court (2009) 46 Cal.4th 969, 986.) Thus, “PAGA settlements are subject to trial court review and approval, ensuring that any negotiated resolution is fair to those affected.” (Williams v. Superior Court (2017) 3 Cal.5th 53...

Excerpt: ...on stating facts showing that the actions are complex, as defined by the Judicial Council and that the actions meet the standards specified in Section 404.1.” (Code Civ. Proc., § 404; Ford Motor Warranty Cases (2017) 11 Cal.App.5th 626, 634.) Petitioner has not established the Phan Action is complex. The Phan Action only involves three parties. The complaint filed by Robert Phan alleges that Phan gave Linh and Vy Nguyen a $52,000 loan, which t...

Excerpt: ...sibility is not the test and information, unless privileged, is discoverable if it might reasonably lead to admissible evidence. [Citation.] These rules are applied liberally in favor of discovery [citation], and (contrary to popular belief), fishing expeditions are permissible in some cases.” (Gonzalez v. Superior Court (1995) 33 Cal.App.4th 1539, 1546.) However, “[c]ourts must insist discovery devices be used as tools to facilitate litigati...

Excerpt: ...o this by demonstrating the action has no merit, that plaintiff cannot prove an element of his or her claim, or that it has a complete defense entitling it to judgment as a matter of law. (Code Civ. Proc., § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851 (Aguilar).) “Once the defendant meets this burden, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to that...

Excerpt: ...ht of public access to the information. (See Oiye v. Fox (2012) 211 Cal.App.4th 1036, 1070.) Further, a substantial probability exists that her right to privacy will be prejudiced if the information is not redacted from the public record. Because the entire Pal Declaration contains sensitive medical information, the proposed sealing is narrowly tailored and there is no less restrictive means to achieve the overriding interest. The Pal Declaration...