Excerpt: ..."New West"), foundation sub J.R. Riesberg Construction, Inc. ("Riesberg"), concrete subdrainage sub Spectrum Concrete, Inc. ("Spectrum"), landscaping sub Curran and Associates ("Curran"), utilities sub Mike Kilbride, Ltd. ("Kilbride"), and geotechnical engineer Coast Geotechnical, Inc. ("Coast"). The two Plaintiffs and eight defendants remained the primary parties until August 2021. On August 25, 2021, New West filed "Doe" amendments to its indem...

Excerpt: ...rofessional (Bus Aide). This matter was first heard on 10-21-22 and was continued so that counsel could address several issues identified by the Court. (ROA 98.) RULING: The hearing on this motion is continued to June 16, 2023 at 1:30 p.m. in Department CX103 so that Plaintiffs may address the issues identified below. Counsel must file supplemental papers addressing the Court's concerns (not fully revised papers that would have to be reread) no l...

Excerpt: ...the resumed trial dates in October 2022; and (2) Error in law, occurring at the trial based on the granting of Defendants' Motion in Limine Number 2, to [preclude] Daniel Martinez from testifying. FACTUAL BACKGROUND This is a construction defect matter arising out of the sale of a residence in Laguna Beach, CA (the “Property”). The action was initiated on 03-10-17 and the operative complaint is the Second Amended Complaint. Plaintiff alleges ...

Excerpt: ...ant answered on 08-30-21. The FAC (ROA 13) was first filed 09-28-21. It was rejected by the clerk's office because it was filed after the answer. (ROA 14.) The Court ordered the FAC (ROA 13) stricken on 07-26-22 (ROA 58). Plaintiff filed the FAC the same day. (ROA 61.) A demurrer was recently withdrawn by Defendant upon realizing the FAC was not the operative complaint. This hearing was scheduled for 02-03-23 and a tentative ruling denied the mot...

Excerpt: ...agnostics, LLC, John Kang, and Ricardo Salas (“Defendants”) REQUEST: Plaintiffs seek orders compelling Defendants to produce for deposition, and for monetary sanctions, Defendants (1) Inspire Diagnostics, LLC's Person Most Knowledgeable ($4,827.40), (2) John Kang ($4,680.35), and (3) Ricardo Salas ($3,810). Monetary sanctions are sought against Defendant Inspire Diagnostics, LLC and its attorney of record, Douglas R. MacLeith at Rogers, MacLe...

Excerpt: ...fornia” RESOLVED. (¶ 4.) ISSUE: the applicant fails to state he “is not regularly engaged in substantial business, professional, or other activities in California.” RESOLVED. (¶ 5.) RULING: Defendant Dealer Loyalty Protection, Inc.'s Application by Jason S. Nunnermacker for approval to appear Pro Hac Vice is GRANTED. The supplemental declaration has addressed the deficiencies identified by the Court (ROA 82) and the application now compli...

Excerpt: ...ctionally has a headless class (plaintiff Barrios is no longer in communication with his counsel). The court previously stayed this action pending the hearing on the Motion to Compel Arbitration, except as to Plaintiff's Motion for an Order that Notice be Sent to All Potential Class Members to Locate a Suitable Class Representative. (ROA 81). On 1/10/22, the court granted an order allowing Plaintiff's counsel, through a third party administrator,...

Excerpt: ...nation in violation of public policy. The operative complaint is the FAC, filed 01-14-20, which asserts the following nine causes of action: 1. Labor Code § 1102.5 Retaliation; 2. Labor Code § 98.6 Retaliation; 3. Wrongful Discharge in Violation of Public Policy; 4. Failure to Reimburse and Indemnify for Expenditures 5. Failure to Provide Rest Periods or Compensation in Lieu Thereof in Violation of Labor Code § 226.7 6. Unpaid Wages and Failur...

Excerpt: ...tion filed on 02-16-21 against Defendant Gold Coast Bakeries, LLC. The present action is a wage and hour class action filed 01-31-22 against Defendant Gold Coast Baking Company, Inc. While Defense Counsel filed a Declaration correcting a prior error in the original Motion regarding the name of the Defendant in the Gonzalez Action (Declaration of Omar M. Aniff In Support of Defendant's Reply To Opposition To Motion To Stay, filed 2/16/23), paragra...

Excerpt: ...0048300), “The HCR Action” (OCSC Case 2017- 00929218), and “The Devine Action” (OCSC Case 2017- 00936368). The HCR Action and the Devine Action are complex cases that involve two separate Plaintiffs (HCR Moorpark Investors, LLC and Faith Devine) who are suing real estate developer brothers, Alfred Baldwin and James Baldwin, and a host of affiliated entities and individuals. The HCR and Devine Actions involve a long and convoluted sequence...

Excerpt: ... FACTS/OVERVIEW: This is a consolidated action involving two cases. The operative pleading captioned Gainquick v. JTH Holdings is the verified 4AC (ROA 2057), which alleges: (1) quiet title; (2) cancellation of instrument; (3) slander of title; (4) negligence; and (5) aiding and abetting slander of title. The operative pleading captioned Gainquick v. Val-Chris is also a verified 4AC (ROA 399), which alleges the same cause of action concerning dif...

Excerpt: ...th Law Firm, Inc. (2022) 73 Cal.App.5th 764, 773.) This is precisely what the City has done here. Contrary to plaintiffs Santa Ana Police Officers Association and Gerry Serrano's (together, “plaintiffs”) contentions, California Rule of Court 3.1700 has no application here. Rule 3.1700 provides a 15-day deadline for a memorandum of costs following the entry of judgment. This action remains pending between plaintiffs and the City; no judgment b...

Excerpt: ...D as to Paragraph 4, lines 18-19, and Paragraph 5, lines 22-26 in that Ms. McDonald has laid no foundation to enable her to state that it is Plaintiff's signature that is on the stated documents. Defendant's Objections to Plaintiff's statements are OVERRULED as these statements go to Plaintiff's state of mind. Guzman's Testimony Guzman is Defendant's Executive Director of its facility called “Arbor Place” and interim Executive Director of its...

Excerpt: ...aused the landslide. Phase 1 (liability) is set for trial 06-05-23. MP: Cross-Defendant/Cross-Complainant Flatiron West, Inc. REQUEST: Exclusion or limitation of testimony by JL Kids' retained expert, Glen Tofani, to cure the prejudice that has resulted from JL Kids' failure to comply with the Court's order to timely exchange expert witness reports. The Motion is joined by Defendants/Cross-Defendants/Cross-Complainants Orange County Transportatio...

Excerpt: ...1) the drafting or the terms of the Environmental Indemnification Agreement and (2) the costs/payments related to or submitted/made under the Environmental Indemnification Agreement. FACTS/OVERVIEW: Relevant here, the parties agreed not to prepare privilege logs regarding attorney-client communications, but now FFIC wants a privilege log. The back and forth correspondence has been fruitless. RULING: Defendant Fireman's Fund Insurance Company's Mo...

Excerpt: ...wages upon termination, wages statements, accurate records, reimbursement, § 17200, and PAGA. On 07-26-19, the Court granted Defendant Volt Management Corp's and Defendant Pegatron Technology Service Inc.'s separate motions to compel arbitration and stayed Plaintiff's PAGA claims pending the outcome of the arbitration. Relevant here, the Court found the parties entered into a binding and enforceable arbitration agreement, the FAA governs the agr...

Excerpt: ...be stayed pending completion of the arbitration and pending the California Supreme Court's decision in Adolph v. Uber Technologies, Inc., Case No. S274671. As an initial matter, Defendants assert the motion is unopposed due to Plaintiff's defective service of the opposition. Defendants assert prejudice in that they were permitted less than the statutory time to prepare their Reply. Given Defendants' Reply on the merits, the Court will treat this ...

Excerpt: ...to permit inspection of records, and violations of the UCL. No party filed a motion to compel arbitration. There is no order for staged discovery or a discovery stipulation. RULING: Having reviewed the proposed Settlement Agreement, the proposed Notice and the accompanying papers, the Court has the following concerns: 1. Are there any other class or other representative action in any other court (state or federal) that asserts claims similar to t...

Excerpt: ...tion of the Court's July 12, 2022 Order and the October 1, 2021 Preliminary Injunction Order. FACTS/OVERVIEW: This is a trade secret misappropriation case. The operative complaint is the Fourth Amended Complaint, in which Plaintiff asserts the following causes of action: (1) Conversion; (2) Interference with Prospective Economic Advantage; (3) Unfair Competition; (4) Breach of Fiduciary Duty; (5) Breach of Non-Disclosure Agreement; (6) Breach of ...

Excerpt: ...ourt's Order and provide the requested electronic equipment to Plaintiff's counsel within forty-five days of this Court's Order. Additionally, the Court grants sanctions against Defendant Medolac only. However, the award is reduced. Over twenty-seven hours for a 12-page discovery motion (absent the notice and tables) with no separate statement is far too high for a senior attorney. Further, “future” attorney's fees are not available under the...

Excerpt: ...281.2; 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.) Defendant has its initial burden under CRC 3.1330 to prove the existence of an agreement to arbitrate. Defendant presents evidence that Plaintiff signed a “Mutual Me...

Excerpt: ...lacreses 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.) Defendant has its initial burden under CRC 3.1330 to prove the existence of an agreement to arbitrate. Defendant presents evidence that Plaintiff signed a “Mutual Mediation an...

Excerpt: ...�) to go forward on December 21, 2022. (ROA 451.) Per representations in the Reply brief, the deposition went forward as scheduled. (ROA 542, Reply, p. 3:4-5.) The Court therefore denies the motion to compel the deposition of EB11's PMQ on the grounds that it is moot. Plaintiffs' Reply consists of pointing out the alleged faults and errors in Dr. Tooma's deposition. As Dr. Tooma has already appeared for deposition, Plaintiffs must file a differen...

Excerpt: ...ent of the claims at issue. (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.) Plaintiff contends the Agreement is unconscionable. For an arbitration agreement to be unenforceable, it must be both...

Excerpt: ...� 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.) For an arbitration agreement to be unenforceable, it must be both procedurally and substantively unconscionable. (A&M Produce Co. v. FMC Corp. (1982) 135 Cal. App. ...