Excerpt: ...ocuments. The court "may make any other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person." (Code Civ. Proc., S 1987.1, subds. (a), (b).) The party claiming a violation of the constitutional right of privacy must "[1] establish a legally protected privacy interest, [2] an objectively reasonable expectation of privacy in the given circu...

Excerpt: ... be conditioned on payment of any judgment and costs the claimant recovers on the lien. (Civ. Code, S 8424, subds. (a), (b).) Mechanics lien amount. The court previously denied defendants' moton to expunge lis pendens and mechanics lien. (8/5/22 Minute Order, p. 2.) The court stated it would, however, "set [anl undertaking on a properly noticed motion." (Ibid.; accord Vought Construction Inc. v. Stock (2022) 84 Cal.App.5th 522, 637 ["if a lien is...

Excerpt: ...iolations, and UCL violations (only to the extent it is derivative of unreimbursed business expenses), and (2) Plaintiffs Vasquez and Fuentes De Dios's claim for wage statement violations. 2. The motions are DENIED as to all remaining claims for relief (including Ramirez's claim for UCL violations to the extent it is derivative of nan-reimbursement claims). 3. The motions are DENIED insofar as Defendant seeks dismissal of class claims. As a resul...

Excerpt: ...nty of Orange, et al., Case No. 8:18-cv-CM55- DOC-JDE. However, this court previously ruled that it will leave the equitable issues in this case for now while the issue of jurisdiction is still being disputed in federal court. Thus, the issue of the availability of monetary damages does not completely dispose of these causes of action, and a demurrer cannot rightfully sustained to part of a cause of action or to a particular type of damage or rem...

Excerpt: ... demurrer states only a general demurrer (see Code Civ. Proc., S 430.10(e)), but in the moving points and authorities, defendants also argue that the 1 st cause of action fails for being uncertain (Code Civ. Proc., S 430.10(f)) and for failing to allege whether the contract is written, oral, or implied by conduct (Code Civ. Proc., S 430.10(g)). The court will this defect but cautons counsel to include all appropriate grounds in the notice of moti...

Excerpt: ...ated wage-and-hour actions involving Defendant's non-exempt employees. The others are Ramirez v. Premier Contractors, Inc., No. 23-01321365, and Vasquez v. Premier Contractors, Inc., No. 23- 01326481. This matter, the first-filed of the three, was originally one of two Cabrera cases: Plaintiff Cabrera brought both a class-only action and a PAGA-only action. Cabrera then dismissed his class claims in exchange for an individual settlement, leaving ...

Excerpt: ... plaintiff's performance. (See Wall Street Network, Ltd. v. New York Times Co. (2008) 164 Cal.App.4th 1171, 1178 [elements]; see also Opp. at p. 14 [conceding defect].) As plaintiff alleges breach of a Partnership Settlement Agreement (and ground leases), there is no need to attach any other contract. (See TAC 60-63; Dem. at p. 8.) While the Partnership Settlement Agreement states it is conditioned upon another settlement agreement, "the performa...

Excerpt: ...arty Jason Carlos Guzman, an adult, entered the Taft Elementary School premises and made contact with several Taft Elementary School Employees. (Compl. 2.) Apparently suffering from a mental health disorder, Guzman appeared "unkept, dangerous to others, suspicious, not well, and ready to do harm." (ld.) Taft Elementary School personnel knew or should have known that Guzman posed a danger to himself and others and should have guided him away from ...

Excerpt: ... Code; S 3342) Civil Code section 3342(a) states in part, "The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness." The Complaint is not clear whether the first cause of action is pleaded as to all Defendants. Pla...

Excerpt: ... 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 Ctxle S 226.7 6. Unpaid Wages and Failure to Pay Minimum Wages 7. Labor Code S 203 Waiting Time Penalties 8. Failure to Provide Accurate Itemized Wage Statements 9. Private Attorneys General Act Defendants represented that they had few assets and an inabi...

Excerpt: ...allegations against Defendant City do not constitute a taking. More specifically, Defendant contend that (1) the failure to issue a business license, (2) Defendant's interference with the ability to obtain funds related to Covid-19, and (3) Defendant's interference with the ability to obtain an alcohol license from the ABC do not constitute takings. To establish liability for inverse condemnation, the plaintiff must prove that: (1) there was a ta...

Excerpt: ...int against Defendant Power Paragon, Inc. ("Defendant"). (ROA 2). The Complaint alleged six causes of action for: 1. Violation of Labor Code SS 510, 1194, and 1197.1 (Unpaid Overtime Wages); 2. Violation of Labor Code S 2802(a) (Failure to Indemnify Necessary Expenditures); 3. Violation of Labor Code SS 226.7, 226.7(b), and 512 (Meal Periods); 4. Violation of Labor Code S 226.7 (Rest Breaks); 5. Violation of Bus. & Prof. Code SS 17200 et seq.; an...

Excerpt: .... A Post-Arbitration Review Hearing is set for May 10, 2024 at 9:00 a.m. The parties must file a Joint Status Report at least a week before the hearing, and may request a contnuance if arbitration is not yet complete. The court concludes that there exists a valid agreement to arbitrate the individual claims asserted by plaintiff and that no grounds exist to bar enforcement of the agreement. CCP 51281.2. Plaintiff does not deny that she signed the...

Excerpt: ... or proceeding." Code of Civil Procedure section 1033.5 sets out the items which are allowable as costs under secton 1032. "[Ilf the ftems on a verified cost bill appear proper charges they are prima facie evidence that the costs, expenses and services therein listed were necessarily incurred. [Citations] However, where the items are properly objected to, they are put in issue, and the burden of proof is upon the party claiming them as costs." (M...

Excerpt: ...he parties' settlement over the course of four years—either the original settlement or the new settlement the parties agreed to after preliminary approval was first granted. To be clear, the number 16 is not a typo. Those hearings were as follows: 1. 11/15/2019: Preliminary Approval moton heard and CONTINUED. 2.01/10/2020: Preliminary Approval motion heard and CONTINUED. 3. 07/31/2020: Preliminary Approval motion heard and CONTINUED. 4. 09/01/2...

Excerpt: ...tions. (ld.) Macco's counsel initiated the meet and confer process on 6/09/2023, sending a lengthy meet and confer letter regarding each plaintiff's deposition. (Counts Decl. re Born Depo., Ex. I; Counts Decl. re Sorensen Depo., Ex. E.) In that initial letter, Macco requested a response no later than 6/15/2023 as to whether Plaintiffs were amenable to a limited scope deposition on some or all of the issues addressed therein. (Counts Decl. re Born...

Excerpt: ...al.5th at pp. 796.) Cynosure's evidence shows its place of incorporation and principal place of business is Delaware. (See Roma decl. 4- 7.) Having a California agent for service of process or California end-users is insufficient. (See Bristol-Myers, at pp. 797-798.) Cross-complainants do not assert specific jurisdiction in their 10/23/23 opposition. They raise that issue for the first tme in their untimely 10/24/23 amended brief. (See 10/13/23 s...

Excerpt: ... responses to Requests for Production, Set Two ("RFP 2"), Nos. 68-70, 72, 77, and the production of a privilege log from Second TL. RLC additionally moves for an order imposing monetary sanctions against Second TL and/or its counsel in the amount of reasonable attorneys' fees and costs incurred in bringing this motion. SPROG 2, Nos. 35-37, 45 If a timely motion to compel has been filed, the burden is on the responding party to justify the adequac...

Excerpt: ...of the causes of achon for negligence, negligent hiring/ supervision/ retention, and vicarious liability. The Moton is unopposed. Plaintiff's achon arises out of an April 3, 2020 phone call during which she alleges that she was threatened and harassed. Separate Statement of undisputed Material Facts ("UMF") No. 9. The individual who made the call was Defendant Johnny Nava. UMF No. 11. Mr. Nava made the phone call with Defendant Rodolfo Gutierrez....

Excerpt: ...IED IN PART as follows. 1. The motion for summary judgment is DENIED as to all Moving Parties. 2. The motion for summary adjudication of the first cause of action (breach of contract) is GRANTED as to Santa Valencia and DENIED as to the remaining Moving Parties. 3. The motion for summary adjudication of the second cause of action (common counts) is DENIED as to all Moving Parties. 4. The motion for summary adjudication of the third cause of actio...

Excerpt: ...lass action and PAGA matter. On February 4, 2022, Plaintiff Veronica Lucatero Torres, as an individual and on behalf of all others similarly situated ("Plaintiff"), filed a Complaint against Defendants South Coast Circuits, Inc. and Roya Flex Circuits, Inc. (collectively, "Defendants"). (ROA 2). The Complaint alleged the following seven causes of action: 1. Meal Period Violations; 2. Rest Period Violations; 3. Minimum Wage Violations; 4. Failure ...

Excerpt: ...d (Settlement Agreement '1 22 (Davis Decl. (ROA 90) Ex. 1)). In addition, the PAGA Period defined in the class notice (S 7) is not consistent with paragraph 22 of the settlement agreement. What is the end date of the PAGA Period? 2. The definition of "Released Class Claims" (Settlement Agreement '1 29 (Davis Decl. (ROA 90) Ex. 1)) should be limited to the claims asserted in the operative complaint or that reasonably could have been asserted in th...

Excerpt: ...ction of emotional distress, which is the subject of this demurrer. The key allegation is that plaintiff was visibly pregnant at the time of the accident, that the acc:ident caused her to hit her stomach into the steering wheel, and that caused her serious concerns for the health of her unborn child. To properly analyze whether a cause of acton for intentional infliction of emotional distress has been pled, the allegations of the third cause of a...

Excerpt: ... the basis "[t]here is a defect or misjoinder of parties." (Code Civ. Proc., 5430.10, subd. (d).) Additionally, as explained by the Court in Time for Living, Inc. v. Guy Hatfield Homes/ All American Development Co. (1991) 230 Cal.App.3d 30, whether a crosscomplaint "come[s] within the provision of section 428.10, subdivision b), is a pleading issue" which is typically "raised by a demurrer on the ground of misjoinder... (ld. at 40-41.) Based on t...

Excerpt: ...ruth of contentions, deductions, or conclusions of fact or aw (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Defendants demurs to the sixth and seventh causes of action in the SAC. Cause of Action 6: Fraud Plaintiff's fraud cause of action requires allegations showing: 1) a misrepresentation; (2) knowledge of falsity; (3) intent to induce reliance; (4) actual and justifiable reliance; and (5) resulting damage. (Chapman v. Skype Inc. (2013) 220 Cal....

Excerpt: ...ntentions, deductions, or conclusions of fact or law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Defendant demurs to the fifth cause of action for Negligent Infliction of Emotional Distress ("NIED"). The NIED claim in the TAC is unchanged from the SAC or FAC. Greater certainty and a more reasonable limit on the exposure to liability for negligent conduct is possible by limiting the right to recover for negligently caused emotional distress to p...

Excerpt: ...t that might eventually form part of the plaintiffs prtnf need not be alleged." (C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 851, 872.) uncertainty: A demurrer for uncertainty under Code of Civil Procedure 430.10(f) will be sustained only where the complaint is so pled that a defendant cannot reasonably respond—i.e., he or she cannot reasonably determine what issues must be admitted or denied, or what counts or claims are ...

Excerpt: ...m certification that render proceeding as a class superior to the alternatives. In turn, the community of interest requirement embodies three factors: (1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the class; and (3) class representatives who can adequately represent the class." Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004, 1021 (internal quotes and citations omit...

Excerpt: ...le, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future violations, and maximize enforcement of state labor laws. See Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 55, 77. 3. Regarding the cy pres recipient (Legal Aid Foundation of Los Angeles), the parties and defendants' counsel should submit declarations stating that they do not have any interest in or relationship with the recipient. A declaration...

Excerpt: ... of Randy Mize. In June, 2023 Judge Washington commenced the application process to seek appointment as the Public Defender. On August 3, 2023, Judge Washington was informed that, after consultation with San Diego County Counsel, the County believed that he was ineligible to be appointed as Public Defender, because he had not been a practicing attorney for the year immediately proceeding appointment. (Washington Declaration, 10.) Govt. Cade 52770...

Excerpt: ...350(b). It also fails to cogently identify each of the issues to be so adjudicated. The Motion is thus effectively one for summary judgment against Plaintiffs. As noted in the 6/1/23 ruling, Plaintiffs were granted a continuance for this hearing, based on their claim that additional evidence was essential to their Opposition. The Court thus permitted supplemental briefing to "be confined to any new evidence obtained and its significance here." Th...

Excerpt: ...ies submitted additional briefing. (ROA No. 86 and 94.) This is a special proceeding under CC 2924j et seq. " 'An action is an ordinary prueeding in a court of justice by which one party prosecutes another for the declaration, enforcement, or protection of a right, the redress or prevention of a wrong, orthe punishment ofa public offense.' (Code Civ. Prtw, S 22.) [q] A 'special proceeding' is '[e]very other remedy. (Code Civ.Proc., S 23.)" (Agric...

Excerpt: ...aton will be conducted for the purpose of determining, evaluating, and assessing plaintiff's physical condition and alleged injuries related to her spine/back. Claims of continuing, ongoing or permanent problems, if any, will be within the scope of the examination, including claims for future care and/or surgery. The examination will be consistent with the orthopedic practices in Southern California and consultations in connection with such pract...

Excerpt: ... or the MVP IUL Accelerator policies relating to product design, design and content of illustrations, design and content of MARKETING MATERIALS, disclosures of PDX POLICY or MVP IUL Accelerator policy charges and the PERFORMANCE FACTOR, the use and content of TRAINING MATERIALS, and analyses of future financial performance." under California's broad discovery laws, plaintiff is entitled to discovery of "any matter not privileged, that is relevant...

Excerpt: ...r sampling has been directed shall separately to each item or category of item by any of the follovnng: (1) A statement that the party will comply with the particular demand for inspection, copying, testing, or sampling by the date set for the inspection, copying, testing, or sampling pursuant to paragraph (2) of subdivision (c) of Section 2031.030 and any related activities. (2) A representation that the party lacks the ability to comply with th...

Excerpt: ...re presumed to be open. Cal. R. Ct. 2.550(c). A record must not be filed under seal without a court order. Cal. R. Ct. 2.551 (a). The court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties. ld. A party requesting that a court record be filed under seal "must file a motion or an application for an order sealing the record." Cal. R. Ct. 2.551(b)(1). "The motion or application must be accomp...

Excerpt: ...thstanding that the First Cause of Acton is brought only against Lockett & Horwitz. Defendants move for an order striking the follow-ng portions of Plaintiff's Complaint: 1. The entre Complaint; 2. The entire First Cause of Action; 3. The entire Second Cause of Acton; 4. Paragraphs 11; 12; 18; 21-24; 35, lines 7-8; 39, lines 15-16; 40, lines 20-23; 42, lines 4-11; 58; 59, lines 14-15; 50; 64-70; Prayer, Paragraphs 4 and 4. Defendants argue that t...

Excerpt: ...d. [CCP S 1286; 9 USC S 9; see Loeb v. Record (2008) 162 CA4th 431, 450 (citing text.)] Unless a petition to correct or vacate the award has been timely filed, the court must render a judgment confirming the arbitrator's award. [See CCP S 1286—"the court shall confirm the award as made see also Valsan Partners Ltd. Partnership v. Calcor Space Facility, Inc. (1994) 25 CA4th 809, 818—no authority to alter terms of award absent petition to corre...

Excerpt: ...rth, Fifth, Sixth, Seventh, and Eighth Causes of Action of Plaintiff's Second Amended Complaint based on the following issues: • Issue 1. Plaintiff Has Not Produced, And Cannot In The Future Produce, Evidence Of Exposure To Indoor Mold Or Asbestos That Exceeds Outdoor Mold Or Asbestos Sufficient To Support Any Cause Of Acton • Issue 2. Plaintiff Has Not Produced, And Cannot In The Future Produce, Evidence Of Exposure To Levels Of Mold Or Asbe...

Excerpt: ...position. "The general rule of motion practice...is that new evidence is not permitted with reply papers... '[Tlhe inclusion of additional evidentiary matter with the reply should only be allowed in the exceptional case' and if permitted, the other party should be given the opportunity to (Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537-1538.) Reply evidence should not address substantive issues in the first instance but only fill gaps in the e...

Excerpt: ...: Sex Discrimination (FEHA) • C/A 2: Harassment (FEHA) • C/A 3: FEHA Retaliation Plaintiff alleges that while she was an employee for the LLC Defendants, Antonio Perez and other kitchen staff were sexually harassing her. Plaintiff alleges that Perez had previously worked for the LLC Defendants and had been fired for sexual harassment, but was rehired. Plaintiff alleges that because she refused Perez's advancements, Perez refused to help Plain...

Excerpt: ...v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) "A party may move for summary judgment in an action or if it is contended that the action has no merit or that there is no defense to the action or (CINIe Civ. Proc., S 437c, subd. (a)(l).) "The motion for summary judgment shall be granted all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law...

Excerpt: ...ceeding is pending shall, upon motion of a party to such achon or proceeding, stay the action or proceeding until an arbitration is had in accordance with the order to arbitrate or until such earlier time as the court specifies." (Code Civ. Proc., S 1281.4.) The court shares the assessment of the Court of Appeal in Leenay v. Superior Court (2022) 81 Cal.App.5th 553. Specifically, that section 1281.4 is "part of the California Arbitration Act" (th...

Excerpt: ...1.310(b)(1).) To establish cause," the burden is on the moving party to demonstrate both: (1) relevance to the subject matter (e.g„ how the information in the documents would tend to prove or disprove some issue in the case), and (2) specific facts justifying discovery (e .g., why such information is necessary for trial preparation or to prevent surprise at trial). (Glenfed Develop. Corp. v. Super. Ct. (1997) 53 Cal.App.4th 1113, 1117.) Specifi...

Excerpt: ....050, 1013.) If a timely motion to compel has been filed, the burden is on the responding party to justify any objection or failure to fully answer the interrogatories. (Fairmont Ins. Co. v. Superior Court (2000) 22 Cal. 4th 245, 255). On April 24, 2023, Plaintiff served responses to Form Interrogatories, Set One. (Gordon Decl., 8-9, Ex. F.) After meeting and conferring, on June 13, 2023, Plaintiff served Further Responses by electronic mail only...

Excerpt: ...nonetheless admissible evidence as they are authenticated by the Declaration of Sheila Mojtehedi. In the absence of objection, defendants the Estate of Tarek R. Greiss, Tahamtan Nematbakhsh, and Joseph Milligan's motion for joinder in Defendant Elite Care and South Coast's opposition will be granted. The court declines Defendants' invitation to set an OSC re sanctions. Procedure for Correcting or Confirming an Arbitration Award A petition to corr...

Excerpt: ...surance Companies"). Alternatively, Defendants move for a protective order against disclosure of Insurance Clients who have no connection or associaton with the Plaintiffs. The court grants Defendants' motion in part, as set forth below. Plaintiffs' claims boil down to allegations that Defendants misappropriated their customer lists and essentially stole their clients. Plaintiffs served on the above eight Insurance Companies, each containing 48 d...

Excerpt: ...f any new matter constituting a defense." Code of Civil Procedure section 430.20, provides, "A party against whom an answer has been filed may object, by demurrer as provided in Section 430.30, to the answer upon any one or more of the following grounds: (a) The answer does not state facts sufficient to constitute a defense. (b) The answer is uncertain. As used in this 'uncertain' includes ambiguous and unintelligible. [q] (c) Where the answer pl...

Excerpt: ...21-23 under ROA No. 449, is GRANTED. Code of Civil Procedure section 2025.420 states in part, " . "(b) The court, for good cause shown, may make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. This protective order may include, but is not limited to, one or more of the following directions: . " . . . The 2...

Excerpt: ... with the Court's May 24, 2023 Order granting Defendant's motons to compel production and responses to form and special interrogatories. The trial court should tailor the sanction for such conduct to "fit the crime." (Reedy v. Bussell 148 Cal.App.4th 1272, 1293.) The court cannot impose sanctions as punishment; the choice of sanctions should not give the moving party more than it would have gotten had the discovery been responded to. (Doppes v. B...

Excerpt: ...ll or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." Code of Civil Procedure section 435, subdivision (b)(l), states, "Any party, within the time allowed to respond to a pleading may serve and file, a notice of moton to strike the whole or any part thereof, but this tme limitation shall not apply to motions specified in subdivision (e)." Pierson v. Sharp Memorial Hos...

Excerpt: ... Defendants—Brenna Johnson's, Johnson Employment Law's, Virginia Ksadzhikyan's, and 8/8 Law Group's Special Motion to Strike Portions of Plaintiffs Complaint filed on 11-9-22 under ROA No. 53. (8-25-23 Minute Order.) Based on the Notice of Appeal, the court STAYS this action pursuant to Code of Civil Procedure section 916. Code of Civil Procedure section 916 states, "(a) Except as provided in Sections 917.1 to 917.9, inclusive, and in Secton 11...

Excerpt: ...a, and Letter from Sarah Ferris, MD, because the evidentiary objections are not material to the disposition of this motion. (See Code Civ. Proc., S 437c, subd. Defendants Marriott Hotel Services, Inc. and AMH, LLC move for summary judgment on the Complaint filed by Plaintiff Angela Cleavenger. Standard for Summary Judgment "Summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact an...

Excerpt: ...r Title Loans Inc. dba 18WTitlleLoan and the Irvine Police Department. Standard for Writ of Possession A party wishing to obtain possession of pro#rty may seek a writ of possession through the claim and delivery procedures set out in Civil Procedure Code section 512.010, et seq. Claim and delivery is a remedy by which a party with a superior right to a specific item of personal property may recover possession of that specific property before judg...

Excerpt: ...ne any of the following: ... "(4) Reported a work-related ... injury „ except in cases where the employee alleges they have been retaliated against because they have filed or made known their intention to file a workers' compensation claim pursuant to Section 132a, which is under the exclusive jurisdiction of the Workers' Compensation Appeals Board. Plaintiff alleges that he injured his head and neck while entering a car, and as a result of rep...

Excerpt: ...uired. As a second initial matter, the Joint Statement filed on 04/11/23 (ROA 242) states that Defendant Swapsy, Inc. filed for bankruptcy on April 6, 2023 and the parties agree that this matter is stayed as to Swapsy. The individual Defendants have raised the issue of whether the matter can proceed against them. Plaintiffs believe it should. There are also several discovery motions filed by Plaintiffs and Swapsy set for hearing in May 2023. The ...

Excerpt: ...lt abuse/neglect. "The purpose of the [Elder Abuse Act] is essentally to protect a particularly vulnerable portion of the from gross mistreatment in the form of abuse and custodial neglect." (Delaney v. Baker (1999) 20 Cal.4th 23, 33.) Pursuant to Welfare and Institutions Code section 15610.57, neglect means the "negligent failure of any person having the care or custody of an elder or a dependent adult to exerc:ise that degree of care that a rea...

Excerpt: ...emurrer, a court must accept as true all allegations of fact contained in the complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegatons in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal. , Inc. (2002) 101 Cal.App.4th 1395, 1404- 05.) Questions of fact cannot be decided on demurrer. (Berryman v. Me...

Excerpt: ...of postjudgment attorneys' fees in its fawr against Plaintiff City of San Clemente. UPCOMING EVENTS: Moton to Strike/Tax Costs - December 15, 2023 FACTS/OVERVIEW: This is an eminent domain action. On July 31, 2020, Plaintiff City of San Clemente ("City") filed a Complaint in Eminent Domain against Defendants Emergency Shelter Coalition and Rancho San Clemente Business Park Community (collectively, "Defendants"). (ROA 2). A lis pendens was filed o...

Excerpt: ...otice of the truth of the statements in Exhibit 2, i.e., the article entitled "Mites that 'Bug' People." (Edelstein v. City and County of San Francisco (2002) 29 Cal.4th 164, 171, fn. 3.) 1st COA for Breach of the Implied Warranty of Habitability "The elements of a cause of action for breach of the implied warranty of habitability 'are [II the existence of a material defective condition affecting the premises' habitability, [2] notice to the land...

Excerpt: ...(See Hoffman v. Brandt (1966) 65 Cal.2d 549, 552-553 [new trial granted based on improper closing argument including facts not in evidence].) However, moving plaintiff has not presented any evidence that an objection was made at the time, or that a mistrial or curative instruction was requested. (Garcia v. ConMed Corp. (2012) 204 Cal.App.4th 144, 148.) Further, plaintiff fails to provide evidence showing that this statement was prejudicial. (ld. ...

Excerpt: ... is a substantial probability they will prevail on the claim for punitive damages. (Civ. Code S 3295(c); Jabro v. Superior Ct. (2W2) 95 Cal. App. 4th 754, 757 ("Jabro").) "[B]efore a court may enter an order permitting discovery of a defendant's financial condition, it must (1) weigh the evidence submitted in favor of and in opposition to motion for discovery, and (2) make a finding that it is very likely the plaintiff will prevail on his claim f...

Excerpt: ... Class Nurses, Inc. (ROA 2). The Complaint alleged 13 causes of action for: 1. Training / Orientation Indemnification 2. Illegal Waiver of Training / Orientation Indemnification; 3. Failure to Indemnify for Business Expenses; 4. Illegal Wage Non-Disclosure Agreement; 5. Illegal Non Competition Agreement; 6. Overtime; 7. Minimum Wages; 8. Regular Wages; 9. Rest Periods and Rest Premiums; 10. Meal Periods and Meal Premiums; 11. Failure to Pay Timel...

Excerpt: ...at there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. In determining if the papers show that there is no triable issue as to any material fact, the court shall consider all of the evidence set forth in the papers, except the evidence to which objections have been made and sustained by the court, and all inferences reasonably deducible from the evidence, except summary judgment...

Excerpt: ...nts of this claim are: (1) conduct which is extreme/outrageous, that is conduct which exceeds all bounds of decency and is more than mere insults, indignities, threats or annoyances; (2) directed at the plaintiff and carried out with the intent to cause, or with reckless disregard for the probability of causing, emotional distress; (3) resulting in severe emotional distress, that is emotional distress of such substantial quality or enduring quali...

Excerpt: ... fees and costs is DENIED. Defendants Karson Construction, Inc. (Defendant Karson) and Dustin Lawson (Defendant Lawson) (collectively, Construction Defendants) move to compel arbitration of the claims brought by Plaintiff Debra Allen and to stay these proceedings pending completion of arbitration. Construction Defendants also request attorneys' fees and costs. Standard for Compelling Arbitration When a party to an arbitration agreement refuses to...

Excerpt: ...n states, "An application for a provisional remedy under subdivision (b) shall not operate to waive any right of arbitration which the applicant may have pursuant to a written agreement to arbitrate, if, at the same tme as the application for a provisional remedy is presented, the applicant also presents to the court an application that all other proceed-ngs in the action be stayed pending the arbitration of any issue, question, or dispute which ...

Excerpt: ...soya and to stay these pending completion of arbitration. Standard for Compelling Arbitration When a party to an arbitration agreement refuses to submit to arbitration, the other party may petition the court to compel arbitration and stay any pending lawsuit. (See Condee v. Longwind Management Corp. (2001) 88 Cal.App.4th 215, 218.) This right is contained in Civil Procedure Code section 1281.2, which states: On petition of a party to an arbitrati...

Excerpt: ...nce. Thus, Plaintiff was not given notice that John F. Ramey and RAMEY LAW, P.C. would not be representing her with sufficient time to appear or arrange for someone to appear on her behalf at the last case management conference. Therefore, the court will contnue the Order to Show Cause re: Failure to Appear and set a Case Management Conference to give sufficient time for Plaintiff to be given notce and to appear or arrange for someone to appear o...

Excerpt: ...es to Form Interrogatories — General (Set One) is GRANTED. Defendant Sabin Burrell is ORDERED to serve full, complete, and verified responses to Special Interrogatories (Set One) without objections within 30 days of service of the notice of ruling. Defendant John Beckman is ORDERED to serve full, complete, and verified responses to Requests for Production of Documents (Set One) without objections within 30 days of service of the notice of rulin...

Excerpt: ...(5) Any and all other references to punitive or exemplary damages. Civil Code section 3294, subdivision (a), permits the recovery of punitive damages upon a clear and convincing showing a defendant is guilty of oppression, fraud, or malice. "Malice" means conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or saf...

Excerpt: ...Appeal issued its opinion. (ROA 179 [case number G051416].) The May 6, 2022 order denying Defendant Sylvia Nuttall's special motion to strike (Code Civ. S 425.16) as to the third, fourth, fifth, eighth, ninth, and tenth causes of action was affirmed. The order was also affirmed with respect to allegations of theft and related misconduct, which in part, support the second, sixth, and seventh causes of acton. (ROA 179.) The Court of Appeal held tha...

Excerpt: ...plaint; the request for entry of default. „ and a copy of the judgment." Code Civ. Proc., S 670, subd. (a). Ajudgment, void on its face, is not governed by Code of Civil Procedure S 473. [Citation.] Such a judgment may vacated upon motion or may be set aside by the court on own motion. Montgomery v. Norman (1953) 120 Cal.App.2d 855. A trial court has the inherent power to set aside a judgment void on its face at any time. Connelly v. Castillo (...

Excerpt: ... Compel Documents. (See ROA Nos. 385, 387, AND 395.) As the relevant documents were filed solely in the context of a discovery motion, neither California Rules of Court rule 2.550 nor rule 2.551 apply. (Cal. Rules of Court rule 2.550(a)(3).) "[Tlhere is no generalized presumption of access to all court-filed discovery material" and the applicable standard is "good cause." (Mercury Interactve Corp. v. Klein (2007) 158 Cal.App.4th 60, 100, 107.) Th...

Excerpt: ...e of the proof of service filed in this achon on May 24, 2023, is denied. It is unnecessary to ask the court to take judicial notice of materials previously filed in this case. A party may "simply call the court's attention to such papers." (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2021) '1 9:53.1a.) Defendants move for an order quashing the service of summons and complaint purportedly effected by Plaintif...

Excerpt: ...6.040 or, when the deponent fails to attend the depsition and produce documents, by a declaration stating that the moving party contacted the deponent to inquire about the nonappearance. Code Civ. Proc. S 2025.450(b)(2). Defendants served the notice on August 25, 2023 with a deposition date of September 11, 2023. Declaration of Eric D. Houser '1 4. At that time, Plaintiff was selfrepresented. ROA 33. His present counsel, Matt Cortez, substituted ...

Excerpt: ...ed the deposition of Defendant to take place on December 15, 2022. (Bournazian Decl. '14-5, Exh. 3.) aut as the court previously ruled in a nearly identical motion, Defendant was in default from November 21, 2022 to July 7, 2023, and could not appear at the deposition. (See Req. for Entry of Default [ROA 14]; 5/19/2023 Minute order [ROA 521; 7/7/2023 Minute order [ROA 901.) Because defense counsel was unable to obtain a stipulation to set aside t...

Excerpt: ...e showing all changes, deletions and additions must be submitted as well. In addition, please ensure that any factual assertions made in supplemental briefing are supported by admissible evidence (e.g., declarations). 1. As noted previously, the class is defined in terms of employees of the "Released Parties," which principally consist of LCC, Stauffer and Meiji. The definition has amended to exclude their attorneys, but their insurers remain par...

Excerpt: ...ovided, "The Receiver shall manage and oversee the 0#rations of Synrgo, including, if and as he deems necessary and appropriate, taking steps necessary to properly wind down Synrgo's business, with due regard for the rights of all of Synrgo's creditors." Further, "The Receiver may take all actions he deems necessary to safeguard, preserve, protect, and maximize the value of the Property and the Business; to operate, sell, liquidate, and/or wind d...

Excerpt: ...rtionment. Re Requests for Judicial Notice The Court GRANTS LREP's request for judicial notce of the Order from the United States Bankruptcy Court for the District of New Jersey. The Court GRANTS G Companies' request for judicial notice of (A) its Cross-complaint, (B) Plaintiff's operative Second Amended Complaint, and (C) the Court of Appeal's opinion in G Companies Management, LLC v. LREP Arizona, LLC (2023) 88 Cal.App.5th 342. The court DENIES...

Excerpt: ...he alleged open book account was in writing, or otherwise in a "reasonably permanent form and manner." (Code Civ. Proc., S 337a.) The remainder of this cause of action appears sufficiently pled. (CACI 372 [elements]; FAC, "1 7, 10, 12; see also 4 Witkin, Cal. Proc. 6th (2023) "Pleading" S 561, subds. (1), (3) [general pleading of common countsl.) 2nd cause of action: account stated This cause of action states sufficient facts. (Zinn v. Fred R. Br...

Excerpt: ... to be deceived." Tucker v. Pacific Bell Mobile Services (2012) 208 Cal. App. 4th 201, 225. Defendant argues that the First Amended Complaint contains no factual allegations that the public would likely be deceived. However, plaintiff alleges in "27-29 that the 4% surcharge is not disclosed until after a purchase is complete, and then only as a small line item on a receipt, and misrepresents a price increase as a supply-chain surcharge. Additiona...

Excerpt: ... if the circumstances warrant. Plaintiff's Complaint states viable causes of action for declaratory relief and for reimbursement, and defendant's demurrer relies on facts that go outside plaintiff's Complaint and matter that may be judicially noticed, which is -mproper. Plaintiff is entitled to a declaration as to whether or not defendant is entitled to a defense and/or ccwerage in the Hobart litigation in Ohio. Even if there are some overlapping...

Excerpt: ...rvices to W&N which did not fall below the standard of care for an attorney retained to collect a judgment in the Orange County area"; that "the only function of W&N during the time period alleged in paragraphs 10 and 11, above, was to receive and distribute any profits received (such as any monies received pertaining to the Rawji lawsuit) to Wildish and Nialis"; that "W&N was merely a 'strawman" and thus Wildish was truly the client"; that [ilt ...

Excerpt: ...roma) in the amount of $250,803.26. The Court entered judgment against Stroma in favor of Plaintiff for breach of the convertible notes in the amount of $270,130.00. The convertible notes contain provisions making attorney fees recoverable on the breach of convertible notes. (Cheng Decl. 27; Ex. 2.) Plaintiff is the prevailing party on these claims and can recover reasonable attorney fees. The Court entered judgment against Stroma in favor of Pla...

Excerpt: ...ecently filed for Romana Medina on 10/5/23, the court notes that the address for the purported substituted service stated in the proof of service differs from the address prov-ded for service of the instant motion. Compliance with the statutory procedures of service of process is essential to establish personal jurisdiction. (Code Civ. Prtw, S 410.50; Ellard v. Conway (2W1) 94 Cal.App.4th 540, 544.) Absent valid service of summons, the court does...

Excerpt: ...notice is submitted, a redline showing all changes, deletions and additions must be submitted as well. As to the Settlement: 1. What is the relationship between the two defendants? 2. Defendant's LWDA letter appears to menton only IClean, not Experience. Have administrative remedies been exhausted as to Experience? If not, can the Court approve a release of PAGA claims against Experience? 3. Apart from the Sanchez matter, are there any other acti...

Excerpt: ...ndants' Evidentiary Objections to Plaintiff's Declaration are overruled as to #1-2, 6-17 and 23-27, and are sustained as to #3-5, 18-22 and 28-29. Defendants' Evidentiary Objections to Plaintiffs Request for Judicial Notice are overruled; the court has disregarded all the commentary included within Plaintiff's Request for Judicial Notice and has simply ruled on the propriety of taking judicial notice of the cmuments referenced therein. Plaintiff ...

Excerpt: ...oujade (Poujade) and Tri-Emerald Financial Group, Inc. (TFG). 2. The disclosure of any such discovery shall be limited to the parties to this action; said parties' counsel of record in this action, including counsel's offce staff; and the court, including court staff. 3. The use of any such discovery shall be limited to this action, and for purposes of this action only. Plaintiffs have demonstrated they are very likely to prevail on their punitiv...

Excerpt: ...ng six causes of action, asserted against both Teletron and Hoang: (1) breach of contract, (2) fraud, (3) breach of covenant of faith and fair dealing, (4) money had and received, (5) intentional infliction of emotional distress, and (6) violation of business and professions code et seq. The court notes that a demurrer to the 5th cause of action was previously sustained without leave and is thus not a subject of the instant motion. The FAC allege...

Excerpt: ...The motion is GRANTED. An arbitration review conference will take place on June 11, 2024 at 8:30 a.m. in Department CX-IOI. The Court has not considered the evidence submitted with Defendants' reply. (See Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537 he general rule of motion practice, which applies here, is that new evidence is not permitted with reply papers."].) GROUNDS FOR RULING This is a PAGA-only action involving the employees of Defen...

Excerpt: ...ration demand with the American Arbitration Association, Retired Judge Ronald S. Prager was chosen as arbitrator. (O'Hare Decl. 4.) Judge Prager conducted an evidentiary hearing in February and March 2023. (ld., '15.) In May 2023, he issued an interim award on the issues presented at the evidentiary hearing, reserving other issues for a final award. (ld., 6.) Following a hearing on the issue of attorney's fees and costs, Judge Prager issued a fin...

Excerpt: ... stated therein. Motion to Consolidate The court GRANTS Plaintiff Mordekah's Motion to Consolidate the two actions. When there are actions involving common questions of law or fact pending, a court may order a joint trial of any or all of the matters in issue in the actions or may order all the actions consolidated, or such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay. (Code Civ. Proc. S 1048(a).) The semi...

Excerpt: ...d confer, the Court will construe the moton as a demurrer and rule on the merits because Cross-complainant has opposed the motion. (Tate v. Superior Court (1975) 45 Cal.App.3d 925, 930 ["lilt is well settled that the appearance of a party at the hearing of a motion and his or her opposition to the motion on its merits is a waiver of any defects or irregularities in the notice of the moton."]) The Cross- Complaint alleges causes of action for frau...

Excerpt: ...ical services in the future was legally unavailable, noting it was impossible for Kaiser to defintively know the reasonable and customary value of emergency medical services until a jury fixed that value. 71 Cal. App. 5th at 343. Yet plaintiffs here allege in 965 of their First Amended Complaint at 15:6—8, "KPC HOSPITALS seek an injunction prohibiting Kaiser from continuing to deduct the items and services from KPC HOSPITALS' bills when paying ...

Excerpt: ... the Court concludes there is no prevailing party in this matter. As a result, the motion is GRANTED and Defendants' claimed costs are stricken. At the hearing, the parties should be prepared to discuss the effect of the Court's prevailing party determination on Providence's memorandum of costs, which was filed on October 12. l. Background Providence's underlying lawsuit largely sounded in defamation. In brief, it alleged that Lozamira, Inc. and ...

Excerpt: ... special Interrogatories (Set one), Nos. 2, 5, 8, 11, 12, 13, 14, 18, 21, 23, 24, 26, 27, 29, 30, 31, 32, 33, 34, 35, and 37; and 3. Request for Prtxluction of Documents (Set One), Nos. 144. Enclave also seeks monetary sanctions totaling $14,548.50 against Huynh or McNamara and their counsel of record, (i.e., $2,257.25 for each motion re form interrogatories, $2,673 m for each moton re special interrogatories, and for each moton re requests for p...

Excerpt: ...sons set forth the writ petition is GRANTED, and the request for declaratory relief is DENIED. l. Factual Background Ray is the owner of a single-family residence at 337 Hawthorne Road in the City. The property is listed on the City's historic register as a C-rated structure. (AR14.) C-rated structures are "structures which contribute to the overall historic characteristic of the but are not unique or distinctive; however, these properties are st...

Excerpt: ...protected speech or petitioning; and 2) lack even minimal merit. (Navellier v. Sletten (2002) 29 C4th 82, 88-89 ("Navellier"); Jarrow Formulas, Inc. v. LaMarche (2003) 31 C4th 728, 733.) "Only a cause of action that satisfies both prongs of the ant-SLAPP statute-i.e., that arises from protected speech or petitioning and lacks even minimal merit-is a SLAPP, subject to being stricken under the statute." (Navellier, supra, 29 Cal. 4th at 89.) "As us...

Excerpt: ...is that a section 998 offer must be strictly construed in favor of the party sought to be subjected to its operation." (Barella v. Exchange Bank, supra, 84 Cal.App.4th at p. 799, 101 Cal.Rptr.2d 167; **849 Elite Show Services, Inc. v. staffpro, Inc., supra, 119 cal.App.4th at p. 268, 14 cal.Rptr.3d 184.) Timed Out LLC v. 13359 corp. (2018) 21 Cal.App.5th 933, 942 [230 Cal .Rptr.3d 842, 848—849] " ' "[Closts" of a civil action consist of the exp...