Excerpt: ...face, purp ort to be a contract between the plaintiff and plaintiff's employer —a fact that defendants' counsel had confirmed in an e -mail to the plaintiff's counsel. Defendants' counsel attempted to disavow that concession during oral argument, essentially on the gr ound it was not a judicial admission, and in any event, it was made before counsel had all the facts. That argument is unpersuasive. Even if the arbitration agreement were enforc...

Excerpt: ...d without prejudice. As discussed further below, the May 2, 2024 hearing on defendants' motion to compel arbitration is continued to August 29, 2024. Defendants have moved to compel arbitration of this coordinated proceeding. Plaintiffs oppose, including based on plaintiffs' contention that the transportation worker exemption in section 1 of the Federal Arbitration Act (FAA) applies and exempts this case from arbitration. Defendants' motion to co...

Excerpt: ... declarati on of non-monetary status stricken immediately, it is DENIED. To the extent it seeks an order shortening time, it is also DENIED. Plaintiff has failed to show an emergency or why the matter cannot be heard in the ordinary course. This latter is without prejudice to the filing of a noticed motion to be placed on the court's regular law and motion calendar. Demurrer Defendant State of California Department of Health Care Services filed...

Excerpt: ...nd unintelligible. ” (Cal. Code Civ. Proc., § 430.10, subds. (e) & (f); see Cal. Code Civ. Proc., § 430.50, subd. (a) [demurrer may be taken to whole pleading or to any of the causes of action stated therein].) “A person against whom a complaint or cross -complaint has been fi led may, within 30 days after service of the complaint or crosscomplaint, demur to the complaint or cross -complaint.” (Cal. Code Civ. Proc., § 430.40, subd. (a)....

Excerpt: ...iled to fil e an opposition. In reviewing the complaint, it is unclear what causes of action are being alleged and against whom. However, the gravamen of the complaint appears to be rooted in a negligence claim. Defendant's first argument that plaintiff's complai nt fails to plead any of the elements of dangerous condition of public property under Government Code section 835 is well taken. Moreover, Defendant also appears correct in its asserti...

Excerpt: ...lment” against Ford, based on allege d defects in her vehicle, but asserts only economic losses. Under the economic loss rule (the “ELR”), where a purchaser's expectations in a sale are frustrated because the product is not working properly, the remedy is in contract alone, for he has suffer ed only economic losses. (Robinson Helicopter Co., Inc. v. Dana Corp. (2004) 34 Cal.4th 979, 988.) Claims for monetary losses between contractual p...

Excerpt: ...llegations in the complaint, defendants (including these Doe defendants), “distribute and sell their kratom products to residents in California pursuant to a false and misleading marketing campaign.” The complaint further alleges that defendants do not disclose the serious health risks of the product; nor state that the product is the subject of warnings from poison control centers and is known to be not safe for human consumption. And it spe...

Excerpt: ...on letter were attached to the complaint. However, the plaintiff alleged that because the damages were “ongoing and exceeded $10,000” the amount of damages claimed was “omitted” from the form because “that portion was inapplicable.” The city argues that plaintiff 's failure to state the amount claimed is a material defect and the demurrer must be sustained without leave to amend. Without properly seeking judicial notice, the demurrer ...

Excerpt: ...odin (1998) 17 Cal. 4th 599, 615–617; Exxess Electronixx v. Heger Realty Corp. (1998) 64 Cal.App.4th 698, 706– 707.) Civil Code section 1717 applies only in an action “on a contract.” The meaning of “on a contract” has been liberally construed to mean any action involving a c ontract for the purposes of section 1717. (Turner v. Schultz (2009) 175 Cal.App.4th 974, 979– 80.) Here, it is undisputed that Selene is the prevailing party. ...

Excerpt: ... Protectiv e Order as to Requests for Production are DENIED. Interrogatories and Requests for Admission Plaintiffs have not established their burden of justifying their additional discovery. A propounding party may justify propounding additional special interrogatori es or requests for admissions based on the complexity or quantity of issues within the case. (CCP §§ 2030.040(a)(1) and 2033.040(a).) Here, Plaintiffs only offered justifications ...

Excerpt: ...al.App.4th 267, 288 (Kim) [evidence of damages is required for default judgment]; see also ROA No. 356 –Heidary Decl., in passim [one -page conclusory declaration].) There is also no affidavit of notice. (See Code Civ. Proc., § 587; Bae v. T.D. Service Co. of Arizona (201 6) 245 Cal.App.4th 89, 108, fn. 15.) Even if plaintiff had complied with the foregoing requirements, the request for default judgment would still be denied because the operat...

Excerpt: ...th 1236, 12631264, emphasis added.) Here, Petitioner claims injury on January 25, 2023. For claim filing purposes, six months means the longer of six calendar months or 182 days. (City of Pasadena v. Sup.Ct. (Jauregui) (2017) 12 CA5th 1340, 1346, fn. 4; Gonzales v. C ounty of Los Angeles (1988) 199 CA3d 601, 604). Six months from this date is July 25, 2023. Leave to file a late claim must be requested within a “reasonable time” and in no ev...

Excerpt: ...ent: 27 1. D efendant's Notice of Non-opposition (ROA 300, at 5:17) states “over 400” class members opted out. How many class members opted out? The settlement administrator should submit a declaration stating the number of notices sent, the number of opt outs, and the number of class members. 2. How will individual PAGA payments be calculated? In addition, what is the estimated high, low and average PAGA payment? 3. What is plaintiff's expec...

Excerpt: ...ovision in paragraph 1.37 is overbroad. Amended Nordrehaug Decl. (ROA 217) Ex. 1 (Class Action and PAGA Settlement Agreement, ¶ 1.37). 10 11 The release must be fairly tailored to the claims that were or reasonably could have been asserted in the lawsuit based on the facts alleged in the operative complaint, i.e., the second amended complaint filed February 7, 2024 (ROA 239). 3. The Released PAGA Claims provision in paragraph 1.38 is overbroad....

Excerpt: ...Villageway M anagement, Inc., and that the 90-day period ended on September 4, 2018 —is GRANTED. The court notes that no opposition was filed. 3. Defendants' evidentiary objections nos. 1 -47 to plaintiff's memorandum of points and authorities and response to the summary judgment motion are disregarded. They are not evidentiary objections. 4. Defendants' objection nos. 48 -63 are OVERRULED. 5. Plaintiff filed a document entitled “Objections...

Excerpt: ...stems, f/k/a T riumph Structures – Los Angeles, Inc., a California corporation and Triumph Group, Inc. “The party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law. That is because of the general principle that a party who seeks a court's action in his favor bears the burden of persuasion thereon. (See Evid. Code, § 500.) There is ...

Excerpt: ...First Set of Form Interrogatories, is GRANTED. Code of Civil Procedure section 2030.290 states, in part, “If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply: (a) The party to whom the interrogatories are dire cted waives any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the p...

Excerpt: ...tion to co mpel arbitration is simply a suit in equity seeking specific performance of that contract. Little v. Pullman (2013) 219 Cal.App.4th 558, 565. 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. Id. Defendant has carried its burden...

Excerpt: ...e of C ivil Procedure section 2025.290 provides that depositions in civil cases are generally limited to seven hours of testimony. However, a party is only entitled to ask questions at deposition which are “reasonably calculated to lead to the discovery of admiss ible evidence.” (Code Civ. Proc. § 2017.010.) At this time, Defendant has not shown it is necessary for the Court to enter an order preemptively limiting Defendant's deposition. How...

Excerpt: ...ns for lack of specific jurisdiction, the plaintiff has the initial burden of demonstrating, by a preponderance of the evidence, facts justifying the exercise of jurisdiction. Ziller Electronics Lab GmbH v. Superior Ct. (1988) 206 Cal.App.3d 1222, 1232 -33; Sacrament o Suncreek Apts., LLC v. Cambridge Advantaged Props. II, L.P. (2010) 187 Cal.App.4th 1, 9. The plaintiff must do more than allege jurisdictional facts; the plaintiff must provide af...

Excerpt: ...lack of specific jurisdiction, the plaintiff has the initial burden of demonstrating, by a preponderance of the evidence, facts justifying the exercise of jurisdiction. Ziller Electronics Lab GmbH v. Superior Ct. (1988) 206 Cal.App.3d 1222, 1232 -33; Sacramento Sun creek Apts., LLC v. Cambridge Advantaged Props. II, L.P. (2010) 187 Cal.App.4th 1, 9. The plaintiff must do more than allege jurisdictional facts; the plaintiff must provide affidavit...

Excerpt: ...endant has filed late oppositions. Any party to the action or the witness may bring a motion to quash a subpoena and may request the Court to quash it entirely, modify it, or direct compliance with it upon those terms and conditions as the court shall declare inc luding protective orders. In addition, the court may make any other order as may be appropriate to protect the moving party from unreasonable or oppressive demands including unreasonabl...

Excerpt: ...appear fo r the deposition “without having served a valid objection under Section 2025.410.” (Code Civ. Proc., § 2025.450, subd. (a).) A written objection to a deposition notice must be served at least three calendar days prior to the date for which the deposition i s scheduled. (Code Civ. Proc., § 2025.410, subd. (a).) The Counsel for each side made some agreements, the details of which are disputed. Parties agreed that that the second ses...

Excerpt: ...resulting from the breach, and damage to plaintiff. Ann M. v. Pacific Plaza Shopping Center, 6 Cal. 4th 666, 673 (1993) (disapproved on another ground in Reid v. Google, Inc., 50 Cal. 4th 512, 527 (2010), fn. 5). Pursuant to the Complaint, Plaintiffs own property in a c ommon interest development which is managed by the Northwood Villa Homeowners Association (the “HOA”). Compl. ¶¶ 1,4. The HOA contracted with Defendant to provide property ...

Excerpt: ...n for tortious interference with contractual and business relations against Defendants Ralph Lauren and Swim USA, and sixth cause of action for conspiracy against Defendants Ralph Lauren and Swim USA. The Court rules as follows: The Demurrer is SUSTAINED WITH LEAVE TO AMEND as to the fourth cause of action for fraudulent concealment. Pursuant to Civil Code section 1710(3) fraud by concealment is the “suppression of a fact, by one who is bound t...