Excerpt: ...that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken.” (Id.) “A demurrer must dispose of an entire cause of action to be sustained.” (Fremont Indem. Co. v. Fremont Gen. Corp. (2007) 148 Cal. App. 4th 97, 119.) “As a general rule in testing a pleading against a demurrer the facts alleged in the pleading are deemed to be true, however improbable they may be,” unless the “compla...

Excerpt: ...e also CCP §§ 2030,230, 2030.270, 2030.290, 2030.310, Cal. Rules of Court, rules 3.1000, 3.1345.) The meet and confer letter from Plaintiff does not contain an agreement allowing Defendant to supplement its objections—it requested that Defendant supplement its responses and provide documents. (ROA 27, Green Decl. Ex. 3, p. 6.) Instead of substantively responding to the meet and confer or supplementing responses, Defendant supplemented its obj...

Excerpt: ...her interests and her own claim in that her Santa Clara Superior Court case overlaps with Silva's claim. Her claim would arguably be extinguished by the proposed settlement. Arreola filed her Complaint-in-Intervention on August 18, 2022 (ROA 83). On September 6, 2022, Defendant filed a notice of related case, identifying Gary Miller v. Premier Automotive of Seaside, LLC, Case NO. 21CV003719 and Jamie Bridges v. Premier Nissan of San Jose, LLC, Ca...

Excerpt: ...Proc., § 1281.2; Villacreses v. Molinari (2005) 132 Cal.App.4th 1223, 1230.) If the moving party meets this burden, the burden shifts to the resisting party to prove by a preponderance of evidence a ground for denial (e.g., fraud or unconscionability). (Villacreses, 132 Cal.App.4th at 1230.) Application of the FAA The party asserting the FAA applies to an agreement has “the burden to demonstrate FAA coverage by declarations and other evidence....

Excerpt: ... of pretrial conference in cases in which such pretrial conference is to be held, or, in other cases, no later than 30 days before the trial date, that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case, except for special defenses which may be tried first pursuant to Sections 597 and 597.5. The court, on its own motion, may make such an order at any time…” (Emphasis added.) S...

Excerpt: ...g rulings: 1. Motion to Deem the Truth of Matters Specified in Requests for Admissions (Set Four) Admitted is GRANTED. Monetary sanctions in the amount of $960 are awarded against Defendant Wesco. 2. Motion to Deem the Truth of Matters Specified in Requests for Admissions (Set Five) Admitted is GRANTED. Monetary sanctions in the amount of $960 are awarded against Defendant Wesco. 3. Motion to Compel Responses to Form Interrogatories - General (Se...

Excerpt: ...tive application to exceed the page limit. Instead, Defendant addressed the issue in a footnote on the last page of the Reply brief, stating that it mistakenly referred to the page limit for summary judgment motions, without supporting the statement with a declaration. Liberty then requests that the Court cherry-pick 15 pages of the opening brief under Defendant's guidance, without citing any authority that allows the Court to do so. Therefore, t...

Excerpt: ...curate wage statements, and unfair business practices. This is the first motion to compel arbitration. There is no discovery stipulation or order for staged discovery. Complaint in 2022-01258324 (#5) This is a PAGA representative action. Plaintiff claims penalties for failure to pay minimum wage and overtime, failure to provide meal/rest periods, failure to timely pay wages during employment and at termination, and failure to provide complete and...

Excerpt: ...(Code Civ. Proc., § 1281.2; Villacreses v. Molinari (2005) 132 Cal.App.4th 1223, 1230.) If the moving party meets this burden, the burden shifts to the resisting party to prove by a preponderance of evidence a ground for denial (e.g., fraud or unconscionability). (Villacreses, 132 Cal.App.4th at 1230.) Application of the FAA The party asserting the FAA applies to an agreement has “the burden to demonstrate FAA coverage by declarations and othe...

Excerpt: ...are narrower than those included in the Settlement Agreement. The Second Amended Complaint limits the sub-classes to those employed by Defendant in the state of California. The Settlement Agreement must be consistent with the SAC. Resolved: The settlement agreement now limits the sub-classes to those employed by Defendant in the state of California. (ROA 123, Yang Decl. Ex. I, ¶¶ 35, 42.) 3. What are the expected high and low individual recover...

Excerpt: ...empt; 3. Demurrer to the first through sixth causes of action on the grounds Plaintiff does not have standing. (Martin v. Bridgeport Cmty. Ass'n, Inc. (2009) 173 Cal. App. 4th 1024, 1031; CVS Pharmacy, Inc. v. Superior Court (2015) 241 Cal. App. 4th 300, 307-08.); 4. Demurrer to the third cause of action on the grounds that it is falsely premised on her wage statements and entitlement to additional compensation; and 5. Demurrer to the seventh cau...

Excerpt: ...as to arbitrate the individual portion of her PAGA claim. 3. The remainder of this action shall remain stayed pending the outcome of the arbitration. As an initial matter, Defendants fail to articulate or identify a basis for the requested relief, stating only that it is based on “conform[ing] to the Federal Arbitration Act as definitely (sic) interpreted by…Viking River” and the Court's “inherent powers.” (Mot. at 2.) Procedurally, it ...

Excerpt: ...proposed Notice are submitted, a redlined version showing all changes, deletions, and additions must also be submitted electronically to the Court. The Request for Judicial Notice is denied as moot, as the materials were not necessary for the disposition of this motion. 1. The court is concerned about the adequacy of the Gross Settlement Amount. Further information is needed regarding counsel's valuation of the case. Although the maximum valuatio...