Excerpt: ...heories” upon which those allegations are based. The allegations at issue are pled at (1) page 4, line 28 through page 5, line 13, and (2) page 6, line 2 of the FAC. The notice requirement is found in Labor Code § 2699.3(a)(1) and reads: “The aggrieved employee or representative shall give written notice by online filing with the Labor and Workforce Development Agency and by certified mail to the employer of the specific provisions of this c...

Excerpt: ...y three years. It began in March of 2018 with a putative class action suit filed in Alameda County by then plaintiff Tracy Reid and grew into five separate lawsuits in state and federal court throughout California. All of the representative plaintiffs came together for a global settlement, and in so doing agreed that the most efficient way to complete the resolution was to bring it to this Court. The resulting settlement was the product of severa...

Excerpt: ...any whose business decisions and personnel policies are determined in Dallas, Texas. Therefore, Employee understands and agrees that venue of any action brought to enforce or relating to this Agreement or relating to any aspect of Employee's employment shall be brought exclusively in the district courts of Dallas County, Texas, or the United States District Court for the Northern District of Texas, Dallas, Texas. Employee expressly consents to th...

Excerpt: ...f alleges that in January of 2019, Plaintiff and Defendant Hwang entered into a business partnership, but Hwang had no intention of performing. (Complaint, at ¶ 12.) It is unclear if Plaintiff is alleging intentional misrepresentation or false promise. (See, e.g., Complaint, at ¶¶ 11-15; see CACI nos. 1900 & 1902.) “A complaint for fraud must allege the following elements: (1) a knowingly false representation by the defendant; (2) an intent ...

Excerpt: ... an intentional misrepresentation, duty, justifiable reliance, or damages with the requisite specificity. It is unclear whether Plaintiffs' first cause of action is based on an intentional misrepresentation or concealment. (Opp., 8:13-18, 8: 24-28, and 9:2-9; SAC, ¶¶ 50, 52- 56, 61-64, and 69.) Under either theory, Plaintiffs did not allege sufficient facts with the requisite specificity to support a cause of action for fraud. Plaintiffs did no...

Excerpt: ...e Before Trial, Section 7:85, citing Khoury v. Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612, 616.) First, failure to properly “label” a C/A does not render a complaint uncertain, so long as the pleading contains enough facts to apprise defendant of the issues it is being asked to meet. (Williams v. Beechnut Nutrition Corp. (1986) 185 Cal.App.3d 135, 139, FN 2.) Second, the claims alleged are set forth in the caption, and the parties bring...

Excerpt: ...as a remedy, in connection with another, valid cause of action. Plaintiff's requests for judicial notice are not considered, as they are irrelevant to the instant motions. (Soukup v. Law Offices of Herbert Hafif (2006) 39 Cal.4th 260, 295.) Moving parties to give notice 3 - 4. Defendants Wells Fargo, Ocwen, and PHH's demurrers to the plaintiff's first amended complaint. Demurrers sustained in part, with leave to amend, and overruled in part, as s...

Excerpt: ...d worked at least one shift greater than 3.5 hours in length at any time from September 30, 2007 through the date of class certification. Waiting Time Class: All individuals who were employed as non-exempt employees by Defendant at any time from September 30, 2008 through the date of class certification and whose employment by Defendant has since ended. Falero is appointed the representative for these classes. Capstone Law, APC; Finkelstein, Blan...

Excerpt: ...ns/allocations: Attorney Fees: $50,000.00 Litigation Costs: $11,859.46 Plaintiff Enhancement: $7,500.00 Admin. Costs: $5,250.00 LWDA PAGA Penalties: $3,750.00 Class size: 47 Net to employees: $71,640.54 All class members: $66,871.01 (67% 1099) Wage sub-class: $3,519.58 (67% 1099) PAGA employees: $1,250.00 (100% 1099) There has been complete satisfaction of the notice requirement, and zero objections or opt- outs. As part of the settlement, defend...

Excerpt: ...putes OCWD's additional material facts. The Court has reviewed only the latter portion of the separate statement, which addresses the District's additional facts. A “reply separate statement” that responds to the non-moving party's disputes is not permitted. (See Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243, 249 [“Defendants' reply included, and properly, their response to plaintiff's additional disputed facts. Defendants' repl...

Excerpt: ...or PDLL “is separate and distinct from the right to take a leave of absence as a form of reasonable accommodation under Government Code section 12940.” (Cal. Code Regs., tit. 2, § 11047; see id., § 11046(a); 29 C.F.R. § 825.702(a).) “Under the FEHA, a disabled employee is entitled to a reasonable accommodation—which may include leave of no statutorily fixed duration—provided that such accommodation does not impose an undue hardship o...

Excerpt: ...tion notice, without objection, at the time of deposition, as moving party has shown good cause for production. (CCP 2025.450(b)(1).) The burden is on the deponent to justify objections. (Weil & Brown, Rutter Group, Civil Procedure Before Trial, Chapter 8E-15, Section 8:814-8:816, citing San Diego Professional Assoc. v. Superior Court (1962) 58 Cal.2d 194, 199.) Here, while RP's objection (MP Ex. 2) asserted various objections, the only objection...

Excerpt: ...t. As a general principle, the party resisting enforcement of an arbitration provision has the burden to establish the defenses. (See Segal v. Silberstein (2007) 156 Cal.App.4th 627, 633.; Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 413.) Unreasonable Delay/Waiver The record does not support unreasonable delay by the Defendants in seeking to arbitrate the matter. What constitutes a reasonable time to assert the arbitra...

Excerpt: ...n at all times to the inspection of any partner. (SAC ¶ 19-20). Defendant argues that Plaintiff hasn't properly alleged damages from any breach of this term. (SAC ¶20, 32, 33.) This is a general demurrer as noticed (See Notice of Dmrr at 2:7, citing CCP 430.10(e).) A general demurrer must be overruled if the complaint states any cause of action, under any theory. (Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 38.) Here, if t...

Excerpt: ...lement agreement”, to avoid unnecessary use of limited Court time and resources. As to the Settlement 1. Although Plaintiff's counsel indicates the Settlement was submitted to the LWDA (Marquez Del., at ¶8), there is no proof of service of the Settlement or the Motion for Preliminary Approval on the LWDA. The LWDA must be given notice of the Settlement and any related motions. Any supplemental brief and/or amendments made pursuant to this Orde...

Excerpt: ...o provide further responses, without objections, to Plaintiffs Fatemeh Hosseini's and Masoud Ziaie's Form Interrogatories- General-Set Two, Nos. 15.1, and 17.1, as well as an order for terminating sanctions for the repeated failure to comply with basic discovery, or in the alternative, issue sanctions, or in the alternative, monetary sanctions in the amount of $5,804.50 against R&R and its attorney of record, Philip Geurts, jointly and severally....

Excerpt: ...he has expressly agreed to do so by entering into a valid and enforceable written contract with the party who seeks arbitration.”].) Even though the law favors agreements for arbitration of disputes, “there is no policy compelling persons to accept arbitration of controversies which they have not agreed to arbitrate …” (Victoria v. Superior Court (1985) 40 Cal.3d 734, 744 [internal quotes omitted].) When presented with a motion to compel ...

Excerpt: ...has had an opportunity to amend the complaint in response to the demurrer. Oakland Bulk and Oversized Terminal, LLC v. City of Oakland (2020) 54 Cal.App.5th 738, 751. Regardless of the order of the court's rulings, the court provides this tentative ruling as to the SLAPP motion. Defendant Toni Nelson moves pursuant to Code of Civil Procedure Section 425.16 to strike portions of the First Amended Complaint of Plaintiff Brandon Day. For the followi...

Excerpt: ...o meet and confer letters was without substantial justification and left Plaintiffs with virtually no choice but to file the current Motion by or on the extended motion cutoff deadline. Defendant's opposition to the current Motion, on the ground that it is somehow premature because the meet and confer process is incomplete – through some purported fault of Plaintiff by “only” sending two meet and confer letters and not receiving any respons...

Excerpt: ... 29, 33, 40, 44, 45, 57, 58, 60, from Plaintiff, and awarding monetary sanctions in the amount of $1,704 against Plaintiff and/or Plaintiff's attorney of record, Knight Law Group, LLP. In opposition to both motions, Plaintiff's counsel has filed a declaration indicating Plaintiff's counsel did not properly calendar the due date for Plaintiff's supplemental discovery responses which were due on 10/12/20, due to a calendaring error stemming from wo...

Excerpt: ...oduction of documents on July 23, 2020. (Dickson Decl., ¶ 2, Ex. 1.) No written objections to the deposition notice were served by Defendant prior to the original July 23, 2020 deposition date. (Dickson Decl., ¶ 3.) Defendant did not appear for his deposition on July 23 and Plaintiffs filed a motion to compel deposition. (Dickson Decl., ¶ 3.) Thereafter, Defendant agreed to appear on September 28, 2020 but refused to produce any documents requ...

Excerpt: ...dence or declarations may be filed with the motion to expunge the notice. The court may permit evidence to be received in the form of oral testimony, and may make any orders it deems just to provide for discovery by any party affected by a motion to expunge the notice. The claimant shall have the burden of proof under Sections 405.31 and 405.32.” (Code Civ. Proc., § 405.30.) Here, as of February 22, 2021, the motion is unopposed. Consequently,...

Excerpt: ...acy right of third parties, as to his former employment records; (2) the Subpoena seeks documents regarding McBride's former employment, that consist of financial, medical, and personnel records, which are wholly irrelevant to the instant action, and not reasonably calculated to lead to the discovery of admissible evidence; (3) the Subpoena is overly broad in scope, oppressive, and harassing. Plaintiff served the Subpoena on Third-Party Servite s...

Excerpt: ...rds, and all writings. Including, but not limited to, all office. emergency room, inpatient, outpatient, hospital charts/records, radiology reports and pathology reports; any and all radiology materials and films, X-rays, MRl's, and CT scans (a complete list of breakdown from your film library must be provided prior to production of requested films); any and all itemized statements of the billing charges, billing records, insurance records, expla...

Excerpt: ...declining to take judicial notice of materials not “necessary, helpful, or relevant”].) Demurrer: Defendants' demurrer to the FAC's third cause of action for fraud on the basis of uncertainty is OVERRULED. (C.C.P. § 4301.0(f).) A demurrer on the ground of uncertainty is disfavored and should be sustained only when a complaint is so incomprehensible that a defendant cannot reasonably respond since ambiguities may be clarified in discovery. (L...