Excerpt: ...tion. (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 1276, 1284.) In ruling on...

Excerpt: ...ciently alleges damage to Plaintiffs. The Complaint alleges Plaintiffs were required to file a Motion to Disqualify, based on Defendant's refusal to withdraw from the representation of an adverse party. (¶32 of Complaint). This refusal to withdraw is alleged to be a basis for the First Cause of Action and Defendant does not challenge the same. (¶48(f) of Complaint). The fees and costs incurred for the referenced Motion to Disqualify are properl...

Excerpt: ...subpoena within 60 days after completion of the deposition record. (Code Civ. Proc. § 2025.480(b); see Unzipped Apparel, LLC v. Bader (2007) 156 Cal.App.4th 123, 127.) The motion must be accompanied by a meet and confer declaration. (Code Civ. Proc. § 2025.480(b).) Plaintiffs argue that the Argus Parties did not object to their appearance at their depositions. This is not correct as to the individual Argus Parties [Gee, Snodgrass and Drever]. A...

Excerpt: ...and 25. ROA 234, Hapak Decl., ¶¶3, 6; ROA 243, Supp. Welch Decl., ¶2. As for RPD No. 32, it appears undisputed that UCI has not produced all responsive documents (ROA 234, Hapak Decl., ¶6), and has not fully complied with the 1/16/20 Order. UCI represents that it will produce all responsive documents to RPD No. 32 but has not set a date certain for the production. The Court orders UCI to produce all documents responsive to RPD No. 32 within 1...

Excerpt: ... Defendant claims that it has been substantially prejudiced since it cannot conduct its own tests to verify the test results and challenge the factual basis for the 60-day notices. As such, Defendant contends the only remedy is to terminate this lawsuit and impose monetary sanctions against Plaintiff for the attorney fees and costs in bringing the motion. To establish spoliation, Defendant must establish Plaintiff was under a duty to preserve the...

Excerpt: ... Notice Letter to the LWDA since the PAGA notice letters are not found in the Court records. The Court GRANTS Defendant's supplemental request for judicial notice (ROA 52) of records from the California Secretary of State but only for their existence and legal effect, not for the truth of the matters asserted. The Demurrer Is Overruled. A demurrer lies when there are two actions pending “between the same parties on the same causes of action.”...

Excerpt: ... 178, Lin Decl., Ex. 1, ROA 60, 2/4/21 Order; see also, ROA 58, 2/4/21 Minute Order. It is undisputed that Defendant did not provide supplemental responses nor pay the monetary sanctions as ordered (ROA 178, Lin Decl., ¶12), forcing Plaintiff to file a motion to compel compliance with the 2/4/21 Order, to impose issue sanctions precluding Defendant from presenting testimony from any putative class member that may support Defendant in any motions...

Excerpt: ... is the ground for a demurrer. (Pierson v. Sharp Memorial Hospital (1989) 216 Cal.App.3d 340, 342.) A motion to strike may attack the entire pleading or any part thereof. (Code Civ. Proc. § 435; Baral v. Schnitt (2016) 1 Cal.5 th 376, 393-394.) A court may strike out any irrelevant, false, or improper matter inserted in any pleading or strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a cour...

Excerpt: ...rties 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, “to determine whether it is fair, reasonable, and adequate in view of PAGA...

Excerpt: ...fendants' objections to the Rios Declaration (ROA 80) in opposition to the Motion to Compel Arbitration. The Court GRANTS Defendants' request for judicial notice in support of the Motion to Compel Arbitration (ROA 48) and Plaintiff's request for judicial notice in opposition to the Motion to Stay (ROA 72). Motion to Compel Arbitration For the reasons which follow, the motion to dismiss the class claims, and to compel arbitration of Plaintiff's in...

Excerpt: ...281.2). "The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense.” (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972; See also Green Tree Financial Corp.-Alabama v. Randolph (2000) 531 U.S. 79, 91-92). Questions of the enforc...

Excerpt: ...ettlement agreement”, to avoid use of limited Court time and resources. As to the Settlement 1. Was the LWDA served with the moving papers? Proof of service is to be filed with the court including the proof(s) of service required under this Order below. 2. The PAGA Notice to the LWDA and all amendments must be submitted to the Court. 3. The estimated class size appears to be as of November 2019. Ackermann Decl., ¶4. What, if anything, has been...

Excerpt: ...ed Court time and resources. The parties 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 i...

Excerpt: ... they were able to substantively respond. However, the objection to the additional Opposition papers filed on November 24, 2021 (ROA 743, 745, 747 and 749) is SUSTAINED since they were filed after the Reply papers had been filed. Defendants' objection to Exhibit O to the Denis Declaration filed with the Reply (ROA 739) is SUSTAINED since Exhibit O presents new evidence to which Defendants have not had the opportunity to respond. Request for Judic...

Excerpt: ...e and fail to comply with the Court's 10/5/2020 Minute Order (ROA 244) because the supplemental responses do not include all potentially aggrieved employees, such as Real Parties in Interest Brenda Martinez, Natalia Alvarez and Leticia Ramirez, who worked for Defendants in 2017 and/or 2018 and speak a language other than English. ROA 732, Travosan Decl., at ¶14 and Ex. H. DFEH further argues that PCS failed to make a reasonable and good faith in...

Excerpt: ... 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 basis of the...

Excerpt: ...nded settlement agreement”, to avoid use of limited Court time and resources. As to the Settlement 1. The Settlement does not include a definition for Aggrieved Employees, nor is there a separate PAGA period in the Settlement. Was this intentional? 2. It appears that the employer's share of payroll taxes will be paid from the gross settlement amount. E.g., Settlement, at § 5.1.8. Why is Defendant not responsible for paying its share of payroll...

Excerpt: ...ons awarded may only be based on the reasonable expenses “incurred by anyone as a result of that conduct” and be reasonable. (Id. at 790-791; see also, Ghanooni v. Super Shuttle (1993) 20 Cal.App.4 th 256, 262-263 [trial judge erred in imposing what was essentially a $1,100 penalty in monetary sanctions for the refusal to make discovery even where a prior order was in effect].) Reasonable expenses may include attorney fees, filing fees, refer...

Excerpt: .... 3 and 5, and ¶8 are SUSTAINED. Defendant objects to Exhibits 11 and 12 to the Request for Judicial Notice. The objections to Ex. 11 is OVERRULED and the objection to Ex. 12 is SUSTAINED. Plaintiff's request for judicial notice is DENIED as to Exhibits 11 and 12. These exhibits are being offered for the truth of the matters stated but the Court may not take judicial notice of hearsay statements or disputed facts. (Sosinksy v. Grant (1992) 6 Cal...

Excerpt: ...e petition was served, and this deadline may be extended by agreement of the parties, or for good cause by order of the court. CCP § 1285.6 sets forth the requirements of the contents of a response to a petition. Unless already included in the petition, the response must include the substance of or a copy of the arbitration agreement unless respondent disputes its existence, the names of the arbitrators and the written opinion, if any, of the ar...

Excerpt: ...isdiction founded on the defendant's minimum contacts with the forum. (Ziller Electronics Lab GmbH v. Superior Court (1988) 206 Cal.App.3d 1222, 1229; Bank of America v. Jennett (1999) 77 Cal.App.4th 104, 115.) On a motion challenging the assertion of personal jurisdiction, the plaintiff has the burden of proof. (Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413; Burdick v. Superior Court (2015) 233 Cal.App.4th 8, 17.) The plaintiff must meet...

Excerpt: ...RRULED. Defendants' objections (ROA 1251 and 1254) to Plaintiff's Request for Judicial Notice are OVERRULED. Plaintiff's request for judicial notice (ROA 1192) is GRANTED. The Court SUSTAINS Plaintiff's Objection No. 1 (ROA 1264) to the entirety of the Philips Declarations and exhibits thereto (ROA 1251 and 1256) for noncompliance with CCP § 2015.5 for failing to state they were signed under penalty of perjury under the laws of the State of Cali...

Excerpt: ... 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 1276, 1284.) In ruling...

Excerpt: ...hler (2010) 181 Cal.App.4th 1153, 1169.) Service on counsel of the OSC re Contempt is not sufficient. Cedars-Sinai makes it clear service on counsel is an exception to the general rule available only when the citee is intentionally avoiding service. (83 Cal.App.4th at 1286-87 [service must be made in the same manner as service for summons and unless the citee has been concealed from the court, personally service is required].) Consequently, the C...

Excerpt: ...ion to Seal Financial Records is GRANTED in part. Defendant argues this Court ordered it to produce its financial records, but the Court did not make any such order. See ROA 64, Minute Order. This argument does not support sealing of any records. Defendant filed the Dabi Declaration under seal and seeks to keep confidential its profit and loss statements for fiscal years 2019-2020 and 2020-2021, which are attached as Exhibits A and B to the Dabi ...