Excerpt: ...ollowing deductions/allocations: Attorney Fees: $300,000.00 Litigation Costs: $30,000.00 Plaintiff Enhancement: $15,000.00 x2 Admin. Costs: $11,000.00 LWDA: $33,750.00 Class size: 888 (but subclass treatment) Net to employees: $495,250.00 Class tax allocations: 12% W-2; 8% 1099 Uncashed checks: State Controller Provisional Certification of the Class After parties to a putative class action settle the dispute, they must present that settlement to ...

Excerpt: ...d concise language, and with sufficient detail to acquaint a defendant with the nature, source and extent of the claim. The degree of detail required depends on the extent to which the defendant in fairness needs such detail which can be conveniently provided by the plaintiff. Less particularity is required when the defendant ought to have co-extensive or superior knowledge of the facts. Under normal circumstances, there is no need for specificit...

Excerpt: ... to CCP 425.16 Defendants Miriam J. Galindo, Jorge F. Galindo and Jorge Galindo Family Therapists & Associates, Inc.'s (collectively, “Moving Defendants”) special motion to strike the FAC of Plaintiff Christienne M. Black pursuant to CCP § 425.16 is GRANTED. Moving Defendants may seek fees and costs as permitted by statute. In light of this ruling, Moving Defendants' concurrently set demurrer and traditional motion to strike are moot. EVIDEN...

Excerpt: ...ation sought will lead to the discovery of admissible evidence.” [Emerson Electric Co. v. Superior Court (1997) 16 Cal.4th 1101, 1110 . With respect to the argument that the deposition should be stayed, the Supreme Court case Gutierrez is referring to is attached to the Motion as Ex. A. The case is entitled FAC US LLC v. Superior Court. The issue is whether the Superior Court should have granted coordination of cases involving FCA's Chrysler Pa...

Excerpt: ... legal sufficiency of the affected pleading, not the truth of the 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, 1404-05.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) Because a demurrer tests only the sufficiency of the complaint, a court will not consider facts that have n...

Excerpt: ...e case (i.e., Eldercare is Doe 1). The Elder Abuse and Dependent Adult Civil Protection Act, codified at Welfare & Institutions Code §§ 15600, et seq., makes certain enhanced remedies available to a plaintiff who proves abuse of an elder, i.e., a “person residing in this state, 65 years of age or older.” (Carter v. Prime Healthcare Paradise Valley LLC (2011) 198 Cal.App.4th 396, 404.) The elements of a claim for physical elder abuse are: (1...

Excerpt: ... the excessive redaction of the description of the work performed and time spent. Governing Documents: Civ. Code, § 5975 (c) provides that “In an action to enforce the governing documents, the prevailing party shall be awarded reasonable attorney's fees and costs.” Plaintiff specifically invoked this statute in the Complaint. Plaintiff prayed “For an award in favor of Plaintiff for all attorneys' fees and other fees incurred by Plaintiff i...

Excerpt: ... that its Software was suitable for Plaintiff's needs and would work constitute an express warranty.” (See FAC, ¶ 65.) In Opposition, Plaintiff contends that Defendant ignores the allegations that the warranties provided in writing are incorporated by reference. (See, e.g., FAC, ¶¶ 28-30, 48-52, 64-68, 73, Exhs. A-D.) Civil Code section 1791.2(a)(1) specifically defines “express warranty” as a “written statement”. As such, the allega...

Excerpt: ...a complete defense entitling it to judgment as a matter of law. (Civ. Proc. Code § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-51.) If a defendant does not meet this initial burden, the plaintiff need not oppose the motion and the motion must be denied. (Binder v. Aetna Life Ins. Co. (1999) 75 Cal.App.4th 832, 840.) If the defendant meets this initial burden, the burden shifts to the plaintiff to produce evidence dem...

Excerpt: ...r the INCIDENT; (b) who made any statement at the scene of the INCIDENT; (c) who heard any statements made about the INCIDENT by any individual at the scene; (d) and who YOU OR ANYONE ACTING ON YOUR BEHALF claim has knowledge of the INCIDENT (except for expert witnesses covered by Code of Civil Procedure section 2034). As defined in the form interrogatories, “INCIDENT includes the circumstances and events surrounding the alleged accident, injur...

Excerpt: ...ion is timely as Defendant never served verified responses, and that even assuming the 45-day time frame applied, the parties agreed to extend the deadline for a motion to compel to 2/19/21. Plaintiff also contends that despite good faith meet and confer efforts to which Defendant's counsel did properly engage, Defendant fails to provide proper further responses and that Defendant interposes boilerplate, meritless objections. Plaintiff also conte...

Excerpt: ... United States or California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the Court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.” This section is to be construed broadly. (Code Civ. Proc. § 425.16(a).) The court's determination of an anti-SLAPP motion is a two-step process. First, the court determines if the party...

Excerpt: ...d States or California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the Court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.” This section is to be construed broadly. (Code Civ. Proc. § 425.16(a).) The court's determination of an anti-SLAPP motion is a two-step process. First, the court determines if the party movin...

Excerpt: ...ly no conduct that qualifies as severe or pervasive not any harassing conduct that is related to his actual or perceived disability 2. The Second Cause of Action for Disability Discrimination should be summarily adjudicated in favor of the City because Plaintiff failed to timely exhaust administrative remedies, he failed to produce prima facie evidence of discriminatory motive, and because the City can show legitimate, non-discriminatory reasons ...

Excerpt: .... Defendants CRS', Nutech's, Kevin Curry's and Nick Curry's Demurrer to the Fifth Cause of Action in the FAC is SUSTAINED with fifteen (15) days leave to amend. Demurrers Generally “A demurrer tests the legal sufficiency of factual allegations in a complaint.” (Chapman v. Skype Inc. (2013) 220 Cal.App.4th 217, 225.) A demurrer is limited to the operative complaint's four corners, attached exhibits, and judicially noticeable matters. (Hoffman ...

Excerpt: ...ation of his or her rights or duties with respect to another, or in respect to, in, over or upon property, or with respect to the location of the natural channel of a watercourse, may, in cases of actual controversy relating to the legal rights and duties of the respective parties, bring an original action or cross-complaint in the superior court for a declaration of his or her rights and duties in the premises, including a determination of any q...

Excerpt: ...ch of contract, 2. Quantum meruit, 3. Recovery against public works payment bond, 4. Recovery against contractor's license bond, and 5. Statutory penalties (Bus. & Prof. Code, § 7108.5, Pub. Contract Code, § 7107). Plaintiff ABI alleges it entered into a subcontract with defendant Balfour to perform concrete, structural steel, metal decking, and framing work on a public works project entitled the Heideman ES – Two Story Classroom Building for...

Excerpt: ...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 allegations 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. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) Because a demu...

Excerpt: ..., 402, the appellate court provided an overview of the Civil Discovery Act: The Civil Discovery Act provides litigants with the right to broad discovery. In general, “any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calcula...

Excerpt: ... property due or to become due to the judgment debtor directly to judgment creditor Hughes & Hughes, LLP, until the amount remaining due on the judgment, plus all accrued interest and post-judgment costs thereon, are paid in full. Facts/Overview: A complaint was filed on 6/29/17 by plaintiff Ronald L. Cedillos against defendants Hughes & Hughes, LLC and Lisa Bergman Hughes for: (1) breach of contract; and (2) general negligence. On 9/6/17, the Co...

Excerpt: ...ed by the individual defendants. All named defendants have answered. An MSC is scheduled for 6/18/21, and a jury trial is set for 8/23/21. Moving Party contends as follows: This lawsuit arises from an incident that occurred on June 20, 2019 at approximately 12:40 a.m., while Plaintiff was walking on a City sidewalk. He tripped on a crack in the sidewalk. (MP Separate Statement of Undisputed Facts [“SUF”] no. 1.) Plaintiff told the City's Stre...

Excerpt: ...20. (See Jafari Decl., ¶¶ 4 and 7, Exh. B.) Although it appears disingenuous for Defendant to contend the Motion is untimely since the parties were meeting and conferring about these requests past November 29, 2020, there is no evidence that Plaintiff granted or that Defendant requested an extension beyond the 45-day time frame to move to compel further responses to the discovery. Even assuming arguendo, the Motion was timely, the Court would d...

Excerpt: ...Mortgage Corp. (“FFC”) fails to demonstrate lack of actual notice. Indeed, Gene O'Bryan, chief executive officer for ResCap Solutions Inc. (“ResCap”), which is the sole owner of FFC, states in his declaration that he was informed of the instant action on 11/27/20 (O'Bryan Decl. ¶ 4) – yet default was not requested until 12/22/20. CCP § 473(b) states that “[t]he court may, upon any terms as may be just, relieve a party or his or her ...

Excerpt: ...ery Day) sued real estate broker Tonja Lynn Demoff, alleging Day was the victim of three fraudulent real estate transactions. Day prevailed at trial and was awarded $903,625 in damages plus attorney fees and costs against Demoff and several of Demoff's business entities. After Demoff failed to pay the judgment, Day applied to the BRE for compensation from the Consumer Recovery Account (CRA). The BRE administers CRA, which provides compensation to...

Excerpt: ...nt, Houshang Jalili in the amount of $51,692.66 including estimated costs of $2,000 and allowable attorney fees of $5,000 are GRANTED. Both parties agree that Section 6201(1) of New York Civil Practice Law & Rules governs whether a writ of attachment is allowed under New York law, but disagree as to the interpretation of the statute. Plaintiff contends that Section 6201(1) allows for pre-trial writs of attachment as Defendants, Buy Insta Slim, In...