Excerpt: ...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 531, 549.) As to the Settlement 1. Paragraph 4 of the Memorandum of ...

Excerpt: ...al allegations set forth in the complaint “are deemed to be true, however improbable they may be.” (Del E. Webb Corporation v. Structural Materials Co. (1981) 123 Cal. App. 3d 593, 604.) “[A] plaintiff is required only to set forth the essential facts of his case with reasonable precision and with particularity sufficient to acquaint a defendant with the nature, source and extent of his cause of action …. There is no need to require speci...

Excerpt: ...ses of action, sustained without leave to amend as to the 20th cause of action, and overruled as to the other causes of action. The motions to strike are denied. A demurrer challenges the defects appearing on the face of the pleading or from other matters properly subject to judicial notice. (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318.) All factual allegations set forth in the complaint “are deemed to be true, however improbable they may be.”...

Excerpt: ...d settlement agreement”, to avoid waste of limited Court time and resources. 1. The Release still references “this Action or in any other action or proceeding in this Court or any other Court or forum.” (See §14.1 of Amendment to Joint Stipulation: 5:24-25). The Court will only approve a Release which is limited to the facts alleged in this action. 2. Based on the Declaration provided by Counsel, the Court understands that PIFs will be nec...

Excerpt: ...torneys' fee award.” (PLCM Group v. Drexler (2000) 22 Cal.4th 1084, 1095.) Once the lodestar has been calculated, the court “shall consider whether the total award so calculated under all of the circumstances of the case is more than a reasonable amount and, if so, shall reduce the [] award so that it is a reasonable figure.” (Id. at 1096.) “The determination of what constitutes reasonable attorney fees is committed to the discretion of t...

Excerpt: ...; 2) the de minimis defenses fail as a matter of law under Troester v. Starbucks Corp. (2018) 5 Cal.5th 829; and 3) Defendant failed to reimburse employees for necessary pens, pencils, and paper. These issues are addressed below. “When a plaintiff moves for summary adjudication on an affirmative defense, the court shall grant the motion ‘only if it completely disposes' of the defense. [Citation] The plaintiff bears the initial burden to show ...

Excerpt: ...at made the order, to reconsider the matter and modify, amend, or revoke the prior order.” (Code Civ. Proc., § 1008(a).) “The burden under section 1008 is comparable to that of a party seeking a new trial on the ground of newly discovered evidence: the information must be such that the moving party could not, with reasonable diligence, have discovered or produced it at the trial.” (New York Times Co. v. Superior Court (2005) 135 Cal.App.4t...

Excerpt: ...r than ‘amended settlement agreement', to avoid waste of limited Court time and resources. As to the Settlement 1. The Settlement purports to settle Plaintiffs' PAGA claims against Defendant. However, no PAGA claims are asserted in this action. Further, the PAGA action brought by Plaintiff Juarez in San Bernardino County Superior Court (the “PAGA Action”) appears to have been dismissed. (Settlement, p. 1:26-27.) Do Plaintiffs intend to amen...

Excerpt: ...status conference for a final accounting. Plaintiff shall submit a final report at least 10 days prior to that conference regarding the status of the settlement administration. Counsel should include a date for the final accounting in the proposed order. The final accounting should occur after the deadline for class members to cash their checks. The final report must include all information necessary for the Court to determine the total amount ac...

Excerpt: ...lass members. (See ¶8 of Hernandez Declaration). This is an approximately 30% increase from the estimated class size of 350. (See ¶15 of Perez Declaration filed on 3/8/19). Please confirm via Declaration that, consistent with the terms of the Settlement Agreement, the Net Settlement Amount has been proportionally increased. (See §46 of Joint Stipulation of Class Action Settlement and Release). 2. Similarly, please confirm via Declaration that ...

Excerpt: ...t agreement is directed, rather than “amended settlement agreement”, to avoid waste of limited Court time and resources. 1. The Release is vague and overly broad, as it purports to release any claim arising from facts/conduct that “could have been” alleged in this Action or any other. (See §14.1 of Agreement). The Court will only approve a Release which is limited to the facts alleged in this Complaint. 2. Please further explain the need...

Excerpt: ...n the face of the pleading or from other matters properly subject to judicial notice. (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318.) All factual allegations set forth in the complaint “are deemed to be true, however improbable they may be.” (Del E. Webb Corporation v. Structural Materials Co. (1981) 123 Cal. App. 3d 593, 604.) “To survive a demurrer, the complaint need only allege facts sufficient to state a cause of action; each evidentiary...

Excerpt: ...ded settlement agreement', to avoid waste of limited Court time and resources. “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 531, 549.) As to the Settlement 1. The release appears to include PAGA claims relating to violations of Labor Code § 558. (Settlement, § 1.t.) However, the first amended complaint does n...

Excerpt: ...s warranted at this time. A court has the power “[t]o amend and control its process and orders so as to make them conform to law and justice.” (Code Civ. Proc., § 128(a)(8).) “[T]rial courts have broad discretion to fashion suitable methods of practice in order to manage complex litigation, so long as the procedures adopted do not conflict with any statute, rule of law, or Judicial Council rule.” (Hernandez v. Superior Court (2003) 112 C...

Excerpt: ...les Decl., Ex. A, ¶ 2; Rodriguez v. American Technologies, Inc. (2006) 136 Cal.App.4th 1110, 1122.) A court's role in considering a petition to compel arbitration under the FAA is limited to “determining (1) whether a valid agreement to arbitrate exists and, if it does, (2) whether the agreement encompasses the dispute at issue. If the response is affirmative on both counts, then the Act requires the court to enforce the arbitration agreement ...

Excerpt: ...diate or threatened injury as a result of the challenged action of the sort that would make out a justiciable case had the members themselves brought suit.” (Property Owners of Whispering Palms, Inc. v. Newport Pacific, Inc. (2005) 132 Cal.App.4th 666, 673; see also Teal v. Superior Court (2014) 60 Cal.4th 595, 599.) Plaintiff has not established that any of its members are suffering “immediate or threatened injury” as a result of the chall...

Excerpt: ...e comparative fault of the association or its managing agents may be raised by way of defense but shall not be the basis for a cross- action or separate action against the association or its managing agents for contribution or implied indemnity, where the only damage was sustained by the association or its members. It is the intent of the Legislature in enacting this subdivision to require that comparative fault be pleaded as an affirmative defen...

Excerpt: ...hey exhausted their administrative remedies as to Foster individually. (Medix Ambulance Service, Inc. v. Superior Court (2002) 97 Cal.App.4th 109, 116-18.) Plaintiffs are given leave to amend to the extent they can show they identified Foster individually in their administrative complaint. As to BFCI, its demurrer to the 15 and 16th causes of action is sustained with leave to amend. The Complaint is ambiguous as to whether this claim is being bro...

Excerpt: ... policy favors resolution of all disputed matters in the same lawsuit.” (Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1047 [quoting Code Civ. Proc., § 473(a)(1)].) “[A]s a matter of policy the ruling of the trial court in such matters will be upheld unless a manifest or gross abuse of discretion is shown.” (Central Concrete Supply Co., Inc. v. Bursak (2010) 182 Cal.App.4th 1092, 1102.) “Although courts are bound to ...

Excerpt: ...state facts that will support class certification. As Defendants note, Plaintiffs have previously stated that they are aware of at least one other person who has similar claims as Plaintiffs. The identity of this third-party is responsive to all four interrogatories and he or she should be disclosed. As should any other person that Plaintiffs are currently aware of, who has similar claims as Plaintiffs. Nos. 23-30 to Pano: The information request...

Excerpt: ...essing and pricing methodology of claims for behavioral health services. (Calonge Decl., ¶¶ 4, 6; see Courtesy Temporary Service, Inc. v. Camacho (1990) 222 Cal.App.3d 1278, 1288.) Further, a substantial probability exists that Defendants will be prejudiced if the information is not redacted from the public record. They will be forced to provide economically valuable materials to competitors, to their own disadvantage. (Calonge, ¶¶ 4, 5; see ...

Excerpt: ...', but it must be ‘definite and concrete, touching the legal relations of the parties having adverse legal interests.'” ((Conroy v. Civil Service Commission of City and County of San Francisco (1946) 75 Cal.App.2d 450, 456.) “‘The “actual controversy” language in ... section 1060 encompasses a probable future controversy relating to the legal rights and duties of the parties.' [Citation.] It does not embrace controversies that are ‘...

Excerpt: ...��A trial court is to apply an objective standard in making its inquiry concerning the attorney's or party's allegedly sanctionable behavior in connection with a motion for sanctions brought under section 128.7.” (Optimal Markets, Inc. v. Salant (2013) 221 Cal.App.4th 912, 921.) “[T]o obtain sanctions, the moving party must show the party's conduct in asserting the claim was objectively unreasonable. [Citations.] A claim is objectively unreas...

Excerpt: ...Arbitration Agreement, ¶ 5; SPLI Agreement, ¶ A.) Under the FAA, “the court's role ... [is] limited to determining (1) whether a valid agreement to arbitrate exists and, if it does, (2) whether the agreement encompasses the dispute at issue.” (Chiron Corp. v. Ortho Diagnostic Systems, Inc. (9th Cir. 2000) 207 F.3d 1126, 1130.) Even when the FAA applies, “interpretation of the arbitration agreement is governed by state law principles .... ...

Excerpt: ...on coordinated with his deposition in Dual Diagnosis Treatment Center v. Health Net, Los Angeles Superior Court, Case No. LC104357 (“Dual Diagnosis”), and subject to the same restrictions as Dual Diagnosis. The statements made by Mr. Neidorff at issue in Dual Diagnosis are the same statements at issue here. Thus, Plaintiffs and Health Net must coordinate Mr. Neidorff's deposition in this action so it occurs at the same time and place as his d...

Excerpt: ... of action for constructive fraud. Issue No. 1 Summary adjudication is GRANTED as to this issue. There is no factual dispute that the funds in CDA 836809 are Abelardo Estacion's (“Abelardo”) property. (See Plaintiff's Separate Statement (“PSS”) Nos. 1-5.) Generally, “[a] motion for summary adjudication shall be granted only if it completely disposes of a cause of action ….” (Code Civ. Proc., § 437c(f)(1).) However, “two separate ...

Excerpt: ...ff is not entitled to attorney fees pursuant to CCP § 1021.5. The relief sought and obtained by Plaintiff was largely personal, and any incidental benefit to others was not a benefit to the public at large, or to a large class of persons. (Flannery v. California Highway Patrol (1998) 61 Cal.App.4th 629, 635; Woodland Hills Residents Assn., Inc. v. City Council (1979) 23 Cal.3d 917, 936.) Plaintiff's motion to strike/tax costs Plaintiff's evident...

Excerpt: ...he court further finds that the costs are reasonable and substantiated, and costs are awarded in the amount of $13,533.24. Plaintiff is awarded an enhancement of $10,000. In making this award, the Court has considered the time and effort Plaintiff expended in prosecution of this action, the benefit conferred on the Class, and all other relevant factors, including the risks to Plaintiff during this protracted litigation. Pursuant to CCP § 384(b),...

Excerpt: ...nsidered the parties' Stipulation and Joint Request for the Court to Retain Jurisdiction Pursuant to CCP section 664.6 and for Dismissal; [Proposed] Order (duly signed by all parties), and as the [Proposed] Order does not provide that any term of the Settlement Agreement is made an order of court, the court concludes that review of the Settlement Agreement is not a necessary condition to granting the parties' stipulated request for the order. The...

Excerpt: ...required by Cal. Rules Court, rule 3.1700, subd. (a)(1). Defendant's Motion For Attorney's Fees is DENIED. California subscribes to the “American Rule”. i.e. each side bears its own legal fees, absent an agreement or statute that provides otherwise. Code Civ. Proc. § 1021. Defendant fails to identify a contractual basis for an award of attorney's fees. Bus. & Prof. Code § 17200, et seq., and Corp. Code §§ 1800 - 1808 do not provide for an...

Excerpt: ...0- 481.) Plaintiff Matthew Goetz (plaintiff) has failed to demonstrate a compelling need for the requested information that overcomes her right to privacy. (See Britt v. Superior Court (San Diego Unified Port Dist.) (1978) 20 Cal.3d 844, 859; see also Allen v. Superior Court (1984) 151 Cal.App.3d 447, 449.) The motion to quash is DENIED as to the subpoenas seeking the bank records of defendant O'Hara's Pub, Inc. (O'Hara's). (Rucci Decl. at Exhs. ...

Excerpt: ...en of presenting evidence of a written agreement providing for binding arbitration and that Plaintiff's employment law claims fall within the scope of this agreement. See, Rosenthal v. Great Western Fin'l Securities Corp. (1996) 14 Cal.4 th394, 413. The burden thus shifted to Plaintiff to establish some ground such that the agreement for binding arbitration should not be enforced. See, Correctional Peace Officers Ass'n v. State of Calif. (2006) 1...

Excerpt: ...complaint are each ordered stricken and the defaults of these defendants entered. See, C.C.P. § 2023.030(d)(1). The Court notes that on March 29, 2018 it advised Defendants' attorney that a guardian ad litem should be appointed if defendant Babette Angelo had suffered a stroke. (See, March 29, 2018 Minute Order.) No such guardian ad litem was appointed. Also, defense counsel has not adequately explained why communication with the individuals pre...

Excerpt: ...leave to amend, on the basis that the Complaint fails to adequately allege that the subject deed of trust was a first priority lien upon the property and that Plaintiff had submitted complete loan modification applications. The Demurrer to the Third Cause of Action For Negligence is SUSTAINED with leave to amend, on the basis that the Complaint fails to allege facts giving rise to a duty of due care in favor of Plaintiff. The Demurrer to the Four...

Excerpt: ...aint to identify Does 18 through 20 as defense counsel is DENIED without prejudice. Moving party fails to cite any legal authority supporting the requested relief. (CRC 3.1113(a), (b).) To the extent plaintiff relies on CCP 473, plaintiff has not complied with CRC 3.1324. To the extent plaintiff is attempting to allege that the proposed attorney defendants conspired with their clients to allegedly convert plaintiff's stock, in order to compensate...

Excerpt: ...this demurrer, they claim that in actuality, this cause of action has been brought by both of them in both contract and tort. (Opp. at p. 7.) This is not readily apparent from the allegations of the second amended cross-complaint. Takeya is entitled to know exactly what type of claim(s) each of these cross-defendants is attempting to allege against it so that it may prepare an appropriate response and/or defense. Second cause of action for misapp...

Excerpt: ...inute Order is GRANTED, limited to the existence of, filing of, and legal effect of the Order. The Motion For Judgment on the Pleadings by Cross-Defendants Majic Services, Inc. and ADA Property Services, Inc. is DENIED in its entirety. The Cross-Complaint states facts sufficient to allege prima facie causes of action for the disputed 2 nd, 5 th, 6 th and 8 thCauses of Action. Cross-Defendants' arguments are based upon facts and matters not proper...

Excerpt: ...31:7-232:6], and T [Chrisman Depo., 8:11-17, 18:1-3, 42:1-47:12]), the Court cannot as a matter of law determine on the present papers alone that plaintiff Steven M. Voce (plaintiff) has engaged in deliberate, egregious misconduct by forging defendants' signatures on the subject agreement. The alleged forgery will require an evidentiary hearing, pursuant to a motion for summary judgment/summary adjudication or a motion in limine. See, for example...

Excerpt: ...ecurity interest in the real property commonly known as 3 Flora Springs, Irvine, CA 92606 (the “Property”) with a power of sale, to secure repayment of a $450,000.00 home equity line of credit, and that Defendants and Plaintiff's predecessor in interest intended that the security interest in the Property be effective 06/07/07. Based upon the foregoing, the court exercises its equitable powers and imposes an equitable lien upon the Property. D...

Excerpt: ... Form Rog. Nos. 15.1 and 17.1 were served in March 2018, that these responses were deficient, and that defendant Santayana- Cruz essentially concedes they were deficient by serving more substantive responses to Form Rog. Nos. 15.1 and 17.1 approximately one month later on 4-19-18. 2) Plaintiff Martha Phillips' motion to compel further responses to employment form interrogatories by defendant Cecilia Cruz Santayana is MOOT because defendant has se...

Excerpt: ... Center - Anaheim • West Care Medical Center/ Business Office -Anaheim • West Care Medical Center/Radiology - Anaheim • Prospice Medical Center - North Orange Complete medical records, from June 21, 2008 through the present, including but not limited to the following: correspondence and documents indicating examinations, dates of examinations, testing, diagnosis, prognosis, all records of history, treatments and care including but not limit...

Excerpt: ...was securely leashed and tethered to prevent them from roaming free among the public was in willful and wanton disregard of the safety, rights, and health of Plaintiff and the public at large. There are no allegations that the dog had bitten another person prior to the incident herein. Even if there were, punitive damages usually depend on more than negligence. “Nonintentional conduct comes within the definition of malicious acts [only] when a ...

Excerpt: ...48), (2) plaintiff's performance or excuse for nonperformance, (alleged in paragraph 51[a]) (3) defendant's breach (alleged in paragraph 51[b]), and (4) the resulting damages to the plaintiff (alleged in paragraph 52). Oasis West Realty, LLC v. Goldman(2011) 51 Cal.4th 811. The demurrer is overruled as to the fourth cause of action for money had and received. Where, as here, a plaintiff has alleged defendant allegedly misappropriated monies they ...

Excerpt: ...the City, the first cause of action for negligence alleges “dangerous condition” liability under Government Code section 835 and “concealed trap” liability under Government Code section 830.8, based on the City's failure to provide adequate lighting, an accessible crosswalk, a stop sign, and/or a traffic signal at the location of the incident. (See Complaint at ¶¶ 20-21.) To the extent the claim is based on the alleged failure to provid...

Excerpt: ...Calvillo-Silva v. Home Grocer (1998) 19 Cal.4th 714, 729) Motion No. 2. Motion to Strike Defendants' Motion to Strike is DENIED. Considered at this pleading stage, the cumulative facts pled in the Complaint could allow a jury to reach the determination that Plaintiffs are entitled to the enhanced remedies of punitive damages and attorney's fees pursuant to Welf & Inst. Code § 15657. Plaintiffs to file and serve an amended complaint within ten da...

Excerpt: ...th the defense of their case in the underlying action, which advice Plaintiffs allegedly followed and were damaged by. In Samuels v. Mix (1999) 22 Cal.4 th 1, the Supreme Court held that the moving party has the burden of proving when a plaintiff discovered, or should have discovered, the alleged malpractice. Id., at 8 to 9. Third, Defendant has not established when his representation of Defendants ended as a matter of law. See, C.C.P. § 340.6(a...

Excerpt: ...ying the alter ego doctrine are that (1) there is such a unity of interest and ownership between the corporation and the individual or organization controlling it that their separate personalities no longer exist, and (2) failure to disregard the corporate entity would sanction a fraud or promote injustice. (Robbins v. Blecher (1996) 52 Cal.App.4th 886, 892.) The court finds that there are triable issues of material fact as to the second prong of...

Excerpt: ...fices of counsel for moving party, on a date and time mutually agreed by the parties and counsel. The motion is denied as to the request for document production at the deposition, as moving party fails to show good cause. (CCP 2025.450(b)(1).) The motion is granted as to the request for sanctions. The court finds that plaintiff's failure to produce its person most qualified for deposition lacked substantial justification, and imposes sanctions in...

Excerpt: ...ion can be considered (see, C.C.P. § 396b(d) and Buran Equipment Co., Inc. v. Superior Court (1987) 190 Cal.App.3d 1662, 1665), and it has been brought within a reasonable time. See, Willingham v. Pecora (1941) 44 Cal.App.2d 289, 295. But generally the declaration of individual defendants, agents or employees of a defendant are not considered. See, Corfee v. Southern California Edison Co. (1962) 202 Cal.App.2d 473, 478. Defendant ACSSI is relyin...

Excerpt: ...ndard of care]; New Albertsons, Inc. v. Superior Court (2008) 168 Cal.App.4th 1403, 1418 [any matter admitted in response to a request for admission is conclusively established against the party making the admission].) Defendant's request for judicial notice is GRANTED. (See Evid. Code, § 452, subds. (d), (h); Arce v. Kaiser Foundation Health Plan, Inc. (2010) 181 Cal.App.4th 471, 485.) Defendant to give notice. ...