Excerpt: ...M did not provide an unqualified admission to RFAs 9-11. As such, Tokio requested from BFM a verified response to the following form interrogatory: Is your response to each request for admission served with these interrogatories an unqualified admission? If not, for each response that is not an unqualified admission: a) state the number of the request; b) state all facts upon which you base your response; c) state the names, ADDRESSES, and teleph...

Excerpt: ...e of a single issue of triable fact will require that the motion be denied. Second Cause of Action. Defendants' motion attempts to affirmatively negate the element of breach for the Second Cause of Action. Thus, to negate the allegations of the Third Amended Complaint (“3rdAC”), Defendants each will have to establish that they did not: (i) disrupt CBIZ's business; (ii) soliciting CBIZ's existing and prospective clients on behalf of a competit...

Excerpt: ...forth below. EVIDENTIARY MATTERS RadioShack's request for judicial notice of the unpublished opinion in Orange County Water District v. RadioShack Corporation (D075111, Feb. 19, 2019) 2019 WL 668665 (hereafter RadioShack)) is GRANTED. RadioShack has submitted what purport to be objections to the District's evidence. (ROA 8920.) Of these objections, only Objection No. 1 and Objection No. 8 are actually objections to evidence. The remaining objecti...

Excerpt: ...iled until March 8. The Court will exercise its discretion to consider Plaintiff's untimely supplemental brief. I. Factual Background After the parties agreed to mediate this case, defense counsel Lonnie Giamela reached out to Defendant for information about the number of aggrieved employees and pay periods at issue. As defined in the pleadings, the aggrieved employees consist of Defendant's non- exempt employees in California. (FAC, ¶ 7.) Mr. G...

Excerpt: ...wage. 2. Wages and Overtime Subclass. All Class Members who were not compensated for all hours worked for Defendants at the required rates of pay, including for all hours worked in excess of eight in a day and/or forty in a week. 3. Meal Period Subclass. All Class Members who were subject to Defendants' policy and/or practice of failing to provide unpaid 30-minute uninterrupted and duty-free meal periods or one hour of pay at the Class Member's r...

Excerpt: ...our violations. That pleading identified the prospective class as “all California citizens currently or formerly employed by Defendants as nonexempt employees in the State of California within four years prior to the filing of this action to the time the class is certified,” and a sub-class of “members who separated their employment with Defendants at any time within three years prior to the filing of this action to the time the class is ce...

Excerpt: ...Defendants in California in the past four years who were not covered by a CBA between Kindness and IBEW Local No. 47. (The union subclass has since been merged into the non-union subclass, as explained in counsel's recent supplemental filing.) The referenced litigation is slated to resolve for a gross settlement amount of $850,000.00. Counsel proposes the following deductions/allocations: Attorney Fees: $297,500.00 Litigation Costs: $35,000.00 Pl...

Excerpt: ... the property in San Juan Capistrano and when Plaintiff SHAMSY took possession of the Property thereafter. (See Complaint, ¶¶ 6 and 9.) As such, the doctrine of part performance takes this case outside the statute of frauds. (Sutton v. Warner (1993) 12 Cal. App. 4th 415, 422.) Further, Family Code sections 721, 851 and 852 have no bearing on whether Plaintiffs properly pled a cause of action for breach of contract and Plaintiffs and Defendant a...

Excerpt: ...elements of fraud, as it alleges 15 misrepresentations concerning the identity of the buyer of the Property and that Damon and Plaintiff would agree on specific terms for the seller financing as part of the proposed sale; Damon's knowledge of the falsity of these representations; intent to defraud; justifiable reliance by Plaintiff in causing Withdrawals to be prepared, notarized and delivered to the title company; and resulting damage in that Da...

Excerpt: ...ection 815.2 does not govern property related defects. Such liability is governed by Government Code sections 830 to 835.4 and by the limitations set forth in sections 840 to 840.6 for a public employee's liability for dangerous public property conditions resulting from the employee's acts or omissions. The circumstances caused by the growth of the tree roots would constitute a dangerous condition despite Plaintiff's attempt to phrase a different...

Excerpt: ...1.) However, when seeking to establish a statutory cause of action, general allegations are insufficient. (Susman v. City of Los Angeles (1969) 269 Cal.App.2d 803, 809 [75 Cal.Rptr. 240].) In Mittenhuber v. City of Redondo Beach (1983) 142 Cal.App.3d 1, 5, specifically addressing governmental liability under the California Tort Claims Act (Gov. Code, § 810 et seq.), the Court of Appeal held, “[b]ecause recovery is based on a statutory cause of...

Excerpt: ... parties and their counsel should not be held in contempt for failure to comply with the Court's order. 1. Demurrer: Hernandez argues that the entire complaint is barred because under TAG's Articles of Incorporation, the “liability of the directors of the corporation for monetary damages shall be eliminated to the fullest extent permissible under California law.” Here, the complaint-in-intervention alleges misconduct, acts/omissions contrary ...

Excerpt: ...arty standing on the contract is substantially destroyed, the doctrine of commercial frustration may apply to excuse performance. Here, the Cross Complaint alleged: Defendant was required to make sixty (60) monthly payments of $3,560.64, payable on the twenty- seventh day of each month, beginning April 27, 2017. From April 27, 2017 to March 27, 2020, despite facing numerous unexpected issues with the Equipment, Cross-Complainants continuously per...

Excerpt: ...g argument, and denying Plaintiff's request to give the jury a special instruction; (3) the jury's award being against the law and not supported by the evidence due to an insufficient damage award; and (4) the jury's award being against the law for the jury's failure to award any non-economic damages despite an award of $3,500 for general damages. Alternatively, in lieu of a new trial, Plaintiff requests an additur for $222,220 for Plaintiff's re...

Excerpt: ...ts) seek summary judgment on Plaintiff The People of the State of California's (People) Sixth Amended Complaint (6AC), or in the alternative, summary judgment on the First Cause of Action for Violations of the False Advertising Law, Second Cause of Action for Violations of the Unfair Competition Law, and Third Cause of Action for Public Nuisance. The Motion is DENIED in its entirety. Request for Judicial Notice The Court GRANTS Defendants' reques...

Excerpt: ...n lacks an independent legal right to bring the action, a person who is not a party but who is represented by the agency is bound by the judgment as though the person were a party.”)) Accordingly, the trial court must “review and approve” a PAGA settlement. (Labor Code §2699(l)(2)). As the California Supreme Court explained: “PAGA settlements are subject to trial court review and approval, ensuring that any negotiated resolution is fair ...

Excerpt: ...hat Mutual Arbitration Agreement provides, in part: If you and Irvine Management Company, Irvine Holding Company, the Irvine Company, or any of affiliate or successor of the foregoing persons, or any past or present officer, director, employee, agent, benefit plan or, benefit plan sponsor, fiduciary, or administrator of any such person (collectively, the “Company”), have a legal dispute regarding any claim or matter arising out of or relating...

Excerpt: ...Grieves v. Superior Ct. (1984) 157 Cal.App.3d 159, 166.) To withstand a motion to strike punitive damages, a plaintiff must plead ultimate facts showing the plaintiff is entitled to such relief. (Grieves v. Superior Ct. (1984) 157 Cal.App.3d 159, 166; see also Smith v. Superior Ct. (1992) 10 Cal.App.4th 1033, 1042 [complaint “devoid of any factual assertions supporting a conclusion petitioners acted with oppression, fraud or malice” subject t...

Excerpt: ...ing ice for her injured ankle. Sanchez did not call the police or 911; instead, she put Plaintiff in her vehicle and drove Plaintiff to her apartment. A relative of Plaintiff saw Plaintiff roughly an hour later in her apartment, suffering from a number of symptoms. Plaintiff was thereafter transported to a hospital. Plaintiff filed her complaint on 11/07/18 against Defendants John Topolewski and Sara Ann Sanchez. A First Amended Complaint was fil...

Excerpt: ... against defendant T.J. Maxx of CA, LLC (TJ Maxx) alleging two causes of action for (1) negligence and (2) premises liability. This is a slip and fall personal injury action. Plaintiff alleges that on 3/24/18, he was using the restroom at TJ Maxx in Tustin when he slipped and fell on a puddle of water that was leaking from a toilet, causing him to sustain serious injuries. On 1/3/19, TJ Maxx answered the first amended complaint. On 5/17/19, plain...

Excerpt: ...os Dodge for the purchase of a 2018 Jeep Grand Cherokee (the “Subject Vehicle”). The RISC's arbitration clause provides, in relevant part: Any claim or dispute whether in contract, tort, statute or otherwise (including the interpretation and scope of this Arbitration Provision, and the arbitrability of the claim or dispute), between you and us and our employees, agents, successors or assigns, which arises out of or relates to your credit appl...

Excerpt: ...e was regularly denied overtime pay and worked in excess of 8 hours per day and 40 hours per week. The First Amended Complaint consists of the following causes of action: 1. Retaliation in violation of Labor Code §§ 98.5 and 1102.5 2. Failure to pay overtime compensation 3. Failure to provide accurate wage statements 4. Failure to pay wages upon separation 5. Violation of Business & Professions Code, § 17200 6. Constructive termination in viol...

Excerpt: ...suppression of fact. Plaintiff alleges that defendants failed to pay for legal services and misrepresented their intent to do so. On 8/23/19, plaintiff filed Doe Amendments naming Jack Blum as Doe 1 and Alta Automation [“Alta”] as Doe 2. On 11/4/19, counsel for defendant IPC filed a notice of stay, indicating that this matter was stayed pursuant to B&P § 6201. Plaintiff subsequently entered default against all four named defendants. (ROA Nos...

Excerpt: ...er 16, 2018, plaintiff Anthony Austin, by and through his guardian ad litem, Magaly Austin, commenced this action against defendants Securitas Security Services USA (Securitas), Howard Robinson (Robinson), Anthony Viscaina (Viscaina), Alex Gonzalez (Gonzalez), Juan Conchas (Conchas), Eli Rodriguez (Rodriguez), Samuel Dangli (Dangli), Roy Anegawa (Anegawa), and Patrick McGhee (McGhee) (collectively, the security defendants). The original complaint...

Excerpt: ... the demurrer is sustained as to the second, third, and sixth causes of action. Plaintiffs' FAC includes causes of action for: Statutory Violations/Breach of Resident Rights (Health & Safety Code § 1599.1, § 72527); Fraud – Intentional Misrepresentation; and Fraud – Negligent Misrepresentation. These causes of action are not present in the original Complaint. Plaintiffs first contend that the cause of action for Statutory Violations/Breach ...