Excerpt: ...f of service (ROA 138) does not reflect service of these documents on the LWDA. Plaintiff must file a proof of service reflecting service of the Order Granting Preliminary Approval and the motion for final approval and its supporting documents on the LWDA. 18 19 2. Has the deadline for exclusions, objections and disputes for the 22 remailed notices elapsed? If so, were any exclusions, objections or disputes received for the remailed notices? ...

Excerpt: ... which was opposed by defendant Philippe G. Delbar, as noticed on Febr uary 22, 2024. At that time, it held that plaintiff is entitled to recover its reasonable attorneys' fees under Civ. Code § 5975 but that fees and costs would only be awarded up to the time of the initial entry of default judgment on the complaint on Marc h 1, 2002 and on the instant fees motion. The Court therefore continued the hearing on the motion to March 14, 2024, and o...

Excerpt: ...ion: intentional interference with prospective economic relations, intentional interferenc e with contractual relations, and negligent interference with prospective economic advantage. For the following reasons, defendants' demurrers are sustained with leave to amend. allege facts demonstrating or excusing compliance with the claim presentation requirement. Otherwise, [their] complaint is In ruling on a demurrer, a court must accept as true all a...

Excerpt: ...tion to strike was continued to this date because the parties had fail ed to engage in a proper meet and confer. It does not appear that defendant's counsel has taken advantage of this extended time to comply with its obligations under the statutes. Accordingly, the court sets an Order to Show Cause re Sanctions against def endant's counsel. The hearing is set for April 11, 2024, at 8:30 am. Any declaration in response shall be filed at least �...

Excerpt: ...e Code section 583.310, (ii) continuing the trial date from July 1 5, 2024 to January 15, 2025, and (iii) continuing all trial -related deadlines to track the new trial date. Plaintiffs oppose. For the following reasons, defendants' motion is denied. 11 Section 583.310 provides that “[a]n action shall be brought to trial within five years after the action is commenced against the defendant.” For certain cases, including this one, this period...

Excerpt: ...� 1021.5. The court has reviewed the time entries of Plaintiff's counsel [Hanassab Decl., Ex. 1] and the specific objections raised by Defendant. Upon this review, the court has reduced the fees from those requested for a billing error, fees incurred on claims Plaintiff did not prevail on, time billed for clerical work, time billed for duplicative/unnecessary work, and time billed for which the task description was too uninformative for the cour...

Excerpt: ...he factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 14041405.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) A demurrer tests only the sufficiency of the complaint; a court will not consider facts that have not been alleged in the complaint unless they may be reasonably inferre...

Excerpt: ...pages. (ROA 108.) The maximum allowance is 15 pages, absent leave of court. (Cal. R. Ct. Rule 3.1113.) The Court will exercise its discretion to consider the oversized memorandum, this time, but future violations of the Rules may result in the Court's refusal to consider the offending p apers. Merits Defendant generally and specially demurs to the negligence cause of action in the First Amended Complaint. (To be clear, the Court construes the gen...

Excerpt: ...is carried on with a willful and conscious di sregard of the right and safety of others. (Civ. Code § 3294(c)(1).) At the pleading stage, the complaint must allege facts supporting circumstances of oppression, fraud, or malice. See Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 166 (“The mer e allegation an intentional tort was committed is not sufficient to warrant an award of punitive damages. [Citation] Not only must there be circumst...

Excerpt: ... 850.) A “party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact. . . .” (Ibid.) “A prima facie showing is one that is sufficient to support the position of the party in question.” (Id. at p. 851.) A defendant moving for s ummary judgment satisfies his or her initial burden by showing that one or more elements of the cause of action c...

Excerpt: ...ler Agreement and Personal Guarantors breached the personal guaranty. F or the following reasons, UACC's motion is DENIED in its entirety. Relevant Facts Plaintiff purchases automotive retail installment contracts from car dealerships. (Compl. ¶ 9; Reza Decl. ¶ 2.) On or about January 20, 2022, UACC and Galaxy Auto Sales en tered into a written agreement entitled the “United Auto Credit Corporation Independent Dealer Agreement” (the “Deal...

Excerpt: ...e neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein1, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, d ismissal, order, or proceeding was taken.” (Code Civ. Proc., § 473, subd. (b).) The court has wide discretion to grant relief under the statute authorizing relief fro...

Excerpt: ...ne Faalafua, John Utu, and Elva Utu, indivi dually and as the successor -in -interest and personal representative of Lucy Utu, move under Code Civ. Proc. § 128.7(b) and (c) for an order imposing a monetary sanction of $3,060.00 against defendant Denise Lorenzo and her attorneys of record. Lorenzo opp oses the motion and asks for a sanction of $4,202.50 against plaintiffs and their counsel under Code Civ. Proc. § 128.7(h). Under section 128.7, a...

Excerpt: ...h based on Defendant's alleged failure to disclose that the vehicle an d its lithium-ion battery were defective and susceptible to sudden and premature failure. SAC, ¶¶ 83 -94; 95- 112. Defendant argues the 5th c/a and 6th c/a are barred by the applicable three -year statute of limitations. CC § 338; CC § 1783. The claims are su bject to a three- year statute of limitations and, absent any delayed discovery, equitable estoppel or tolling, the...

Excerpt: ...al of $1,210,647.00. As PFS was the prevailing party both in defending against P laintiff PAR's Breach of Contract cause of action, and in prosecuting its own Breach of Contract cause of action in the FAXC, the Court finds PFS is entitled to attorney's fees pursuant to CC§1717 and the governing contract. Although there is some dispute as to whether the negotiations for “consumables” was a separate contract, this Court finds that because th...

Excerpt: ...ed their Request for Judicial Notice as ordered on January 12, 2024. The Request for Judicial Notice is GRANTED. (Evid. Code §§ 451(f), 452(g), 452(h) 452(c); Gong v. City of Rosemead (2014) 226 Cal.App.4th 363, 376 [“If a plaintiff alleges compliance with the claims presentation requirement, but the public records do not reflect compl iance, the governmental entity can request the court to take judicial notice under Evidence Code section 45...

Excerpt: ...vidence regarding Defendant's purpose and motive for creating speci al b en efi ts fo r Bl a ck emp l oyees ; an d c. A ny ev i d en c e of re ason s for p l ai n ti ff's termination other than the reasons alleged in plaintiff's notice of termination. The Motion also seeks appointment of a discovery referee and an order requiring Defendant to pay for a neutral third -party ESI vendor. The Court may impose a monetary, issue, evidence, or terminat...

Excerpt: ... beneficial to its preparation' are disallowed. [Citation.]” ( D o e v. Los Angeles County Dept. of Children & Family Services (2019) 37 Cal.App.5th 675, 693 (Doe).) “The losing party may dispute any or all the items in the prevailing party's memorandum of costs by filing a motion to strike or tax costs. [Citation.]” (Doe, supra, 37 Cal.App.5th at. p. 693.) “‘[T]he mere filing of a motion to tax costs may be a “proper objection...

Excerpt: ...ing and Ridgeway Defendants alternatively move for summary adjudication as to the First, Second, Third, Fourth, Fifth, and/or Sixth Causes of Action as alleged in the Second Amended Complaint (“SAC”). As a threshold matter, Plaintiffs make two procedural arguments for a denial of the motion. Procedural Arguments First, Plaint iffs argue that the motion should be denied because it violates the Court's August 30, 2023 Instruction. Plaintiffs fa...

Excerpt: ...issed its third and fourth causes of action on 11/15/23. Code of Civil Procedu re section 437c(c) states, “The motion for summary judgment shall be granted if 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. In determining if t he papers show that there is no triable issue as to any material fact, the court shall consider all of the evide...

Excerpt: ...��lings is GRANTED. Plaintiff's request for judicial notice ( ROA 1100) of official records of the Secretary of State, Department of Real Estate, and County Recorder, is granted. The Court declines to rule on Movant's objections (ROA 1118) as immaterial to the Court's ruling but the objections are preserved for pur poses of appeal. (See Reid v. Google, Inc. (2010) 50 Cal.4th 512, 526 [“the trial court's failure to rule expressly on any of Googl...

Excerpt: ...he Law Offices of Dennis Dascanio, APC move to comp el defendants Benjamin Arsenian and the Law Offices of Benjamin Arsenian, PC to provide further responses to Plaintiffs' Form Interrogatories (Set One), without objections, is CONTINUED to 05/28/24 in Dept. C32 at 9:00 a.m. Plaintiffs Dennis Dascanio and the Law Offices of Dennis Dascanio, APC move to compel defendants Benjamin Arsenian and the Law Offices of Benjamin Arsenian, PC to provide fur...

Excerpt: ... Strike on 10/3/23. Code of Civil Procedure section 430.40(a) states, “ A person against whom a complaint or cross -complaint has been filed may, within 30 days after service of the complaint or cross- complaint, demur to the complaint or cross- complaint.” The same deadline applies to a motion to strike the complaint. (Code C i v. Proc. § 435(b)(1).) It is within the Court's discretion whether to consider an untimely demurrer. (Jackson v. ...

Excerpt: ...hall not recover his or her postoffer costs and shall pay the defendant's costs from the time of the offer. In addition, in any action or proceeding other than an eminent domain action, the court or arbitrator, in its discretion, may require the plaintiff to pay a reasonable sum to cover postoffer c osts of the services of expert witnesses, who are not regular employees of any party, actually incurred and reasonably necessary in either, or bo...

Excerpt: ...‘scienter'); (c) intent to defraud, i.e., to induce reliance ; (d) justifiable reliance; and (e) resulting damage.” (Lazar v. Superior Court (1996) 12 Cal.4th 631, 638.) Fraud must be plead with particularity and requires “pleading facts which show how, when, where, to whom, and by what means the representations wer e tendered.” (Id. at 645 (cleaned up).) Plaintiffs plead on August 10, 2020, Fluidfi and Li entered into a contract with M...