Excerpt: ...he court file to determine that the settlement is genuine, meaningful, and consistent with the underlying purposes of the PAGA‐related statute. (Labor Code section 2699(l); O'Connor v. Uber Technologies, Inc. (N.D. Cal. 2016) 201 F.Supp.3d 1110.) The court must also determine whether the PAGA settlement appears fundamentally fair, reasonable, and adequate. (Ibid.) The court has carefully reviewed and considered the settlement agreement and rele...

Excerpt: ...other parties to the action at least 75 days before the time appointed for the hearing. (Code Civ. Proc., § 437c, subd. (a)(2).) Defendants' motion is not supported by sufficient notice. Accordingly, Vincent Procopio and Joe Procopio's motion for summary judgment is denied; Vincent Procopio and Joe Procopio's motion for summary adjudication is denied. 3 Defendant John Procopio's Motion for Summary Judgment or, in the Alternative, Summary Adjudic...

Excerpt: ...arte applications seeking the same relief, which relief was denied on October 19, 2022, November 2, 2022, and November 7, 2022. Plaintiff's second ex parte application was identical to the first ex parte application. Plaintiff's third ex parte application contained additional information. However, the third ex parte application was denied as it presented a motion for reconsideration without compliance with the requirements of Code of Civil Proced...

Excerpt: ...he Los Lagos community in Granite Bay; and (4) an order prohibiting attorney Meister from entering PCI's building during the pendency of these proceedings. For the reasons set forth below, the court grants the motion in part. During the pendency of this action, counsel for plaintiff shall be prohibited from contacting defendants directly other than through defendants' counsel of record. The motion is otherwise denied. The motion before the court ...

Excerpt: ... medical negligence claim. Because mere duplication of claims is not a basis to sustain a demurrer, the demurrer is overruled. Blickman Turkus LP v. MF Downtown Sunnyvale LLC (2008) 162 Cal.App.4th 858, 890. Sean Selig's claim for negligent infliction of emotional distress is insufficiently pleaded. The allegations in the first amended complaint regarding Dr. Nelson are very few, including that she is a medical doctor (¶¶ 7‐8), that she began...

Excerpt: ...ainst her in a prior Placer County case, S‐CV‐0048033. Between them, defendants filed two special motions to strike. Pocklington and AREG's Special Motion to Strike Pursuant to Code of Civil Procedure section 425.16 On its own motion, the court takes judicial notice of the court's file in related matter SCV‐0048033. A motion brought under Code of Civil Procedure section 425.16, also known as an antiSLAPP motion, is a procedural remedy desig...

Excerpt: ...hould be limited to responding to the tentative ruling or highlighting argument from the papers. Relevant Procedural History During post‐judgment enforcement discovery, the court previously ordered sanctions against judgment debtor and/or judgment debtor's counsel for failing to meet and confer on August 29, 2019 (sanctions of $1,500), November 19, 2019 (sanctions of $1,482), and February 14, 2020 (sanctions of $1,245). The three sanctions awar...

Excerpt: ...t appear on the face of the challenged pleading or be based on facts which the court may judicially notice. C.C.P. § 438(d). As with a demurrer, the court must assume the truth of the factual allegations of the complaint. Wise v. Pac. Gas & Electric Co. (2005) 132 Cal.App.4th 725, 738. The motion is denied with respect to the first cause of action for breach of contract, the third cause of action for quantum meruit, and the tenth cause of action...

Excerpt: ...ers and argument should be limited to responding to the tentative ruling or highlighting argument from the papers. Motion for Award of Attorneys' Fees on Appeal Plaintiff and petitioner Miner's Camp filed a petition for writ of mandate and complaint for declaratory relief and restitution. Following a hearing on the petition, the court issued the peremptory writ of mandate. Subsequently, the court granted in part petitioner's motion for attorneys'...

Excerpt: ... in the pleadings are deemed true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materials Co. (2d Dist. 1981) 123 Cal.App.3d 593, 604.) However, the court does not assume the truth of contentions, deductions, or conclusions of facts or law. (Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6.) Plaintiff's complaint alleges the Tenant Protection Act of 2019 (“TPA”) applies to the premises. (Complaint ¶ 7b.) Plaintiff'...

Excerpt: ....40. The notice of motion does not indicate the amount of costs sought as required. (Code Civ. Proc., § 685.080, subd. (b).) The court requested supplemental briefing on the effect of a defective notice. Judgment creditors contend an omission in a notice may be overlooked if the supporting papers make clear the relief sought. (Luxury Asset Lending LLC v. Philadelphia Television Network, Inc. (2020) 56 Cal.App.5th 894; Luri v. Greenwald (2003) 10...

Excerpt: ...e no triable issues of fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).) The defendant bears the initial burden of establishing that one or more elements of the cause of action cannot be established or that there is a complete defense to the cause of action. (Id. subd. (p)(2).) Only when this initial burden is met does the burden shift to the opposing party to show a triable issue of mate...

Excerpt: ...ses or where breach occurs, or where the principal place of business is located. Code of Civil Procedure § 395.5. In support of the motion, Balboa relies cites to a portion of its contract with plaintiff and arguments concerning the nature of the claims and its role in the facts giving rise to the complaint. Balboa's reliance on the contract language is unavailing. The language cited includes an agreement that the subject contract is "deemed to ...

Excerpt: ...rts, LLC (hereinafter, “Alpha”) and Sierra Central Credit Union (hereinafter, “Sierra Central”) pursuant to Code of Civil Procedure sections 1281.97 and 1281.99. Code of Civil Procedure section 1281.97(a) states: In an employment or consumer arbitration that requires, either expressly or through application of state or federal law or the rules of the arbitration administrator, the drafting party to pay certain fees and costs before the ar...

Excerpt: ...iency of punitive damages allegations. (see Turman v. Turning Point of Central Calif., Inc. (2010) 191 Cal.App.4th 53, 63.) Punitive damages may be asserted where there are allegations of oppression, fraud, or malice. “Oppression”, for the purposes of seeking punitive damages, refers to despicable conduct that subject a person to cruel and unjust hardship in conscious disregard of that person's rights. (Civil Code section 3294(c)(2).) “Frau...

Excerpt: ...es allegations and prayer alleged in relation to plaintiff's claim for defamation. A review of the allegations in the complaint show they are sufficient to plead the malice necessary to support punitive damages related to the defamatory statements. Defendants shall file and serve the answer or general denial by December 2, 2022. Defendants' Anti‐SLAPP Motion Ruling on Request for Judicial Notice Defendants' request for judicial notice is grante...

Excerpt: ... September 8, 2021. On or about November 8, 2021, Commissioner Holley issued a decision finding in favor of respondent, and dissolving the temporary restraining order. Larson filed and served a Notice of Entry of Judgment or Order with respect to Commissioner Holley's decision on November 29, 2021. Larson subsequently moved for attorneys' fees as the prevailing party. Commissioner Holley heard Larson's motion for attorneys' fees on January 20, 20...

Excerpt: ... factors: (1) balancing of the hardships of the parties and (2) a showing by the plaintiff of a reasonable probability of prevailing on the merits. (Hunt v. Superior Court (1999) 21 Cal.4th 984, 999‐1000; Robbins v. Superior Court (1985) 38 Cal.3d 199.) The plaintiff has the burden of showing plaintiff would be harmed if the preliminary injunction were not granted. (Casmalia Resources, Ltd. v. County of Santa Barbara (1987) 195 Cal.App.3d 827, ...

Excerpt: ...App.4th 1292, 1307‐ 1308.) Ruling on Motion The motion is denied. In the current request, plaintiffs seek to sever the fourth, fifth, and sixth causes of action pleaded in the first amended cross‐complaint (FACC) and change venue for those claims to Los Angeles County. Plaintiffs have not made a sufficient showing that convenience, expediency, or economy support severance of a portion of the FACC to be heard in Los Angeles County while the re...

Excerpt: ..., the court encourages the moving defendant, real party California Highway Patrol, and plaintiff to meet and confer further regarding the submission of any appropriate protective order related to these documents. The parties may submit any such stipulated protective order to the court for review and entry. The court acknowledges defendant has withdrawn its Request No. 1 [all payroll records for plaintiff from January 1, 2010 through the present] ...

Excerpt: ...93, 604.) The court, however, does not accept the truth of contentions, deductions, or conclusions of law. (Genesis Environment Services v. San Joaquin Valley Unified Air Pollution Control District (2003) 113 Cal.App.4th 597, 603.) The court reviews the demurrer keeping this in mind. Plaintiff alleges a single cause of action for negligence. A plaintiff in any negligence suit must demonstrate a legal duty to use due care; breach of such legal dut...

Excerpt: ... party and plaintiff and judgment creditor Kari Martinez move the court for leave to late‐file a renewal of judgment for a money judgment entered for plaintiffs and against defendant on January 20, 2012. Moving party sought to file a renewal of judgment in August 2022 and was denied. Moving party filed the instant motion on September 28, 2022. The motion is denied. A renewal of a lump sum money judgment must be filed before the expiration of 10...

Excerpt: ...iled two oppositions to the motion, as explained further, infra. The court thereafter set the motion for hearing and served notice of hearing as required by Code of Civil Procedure 661. No reply to the two oppositions or to the request for judicial notice was filed. Caputo's request for judicial notice is granted. The notice of intention to move for new trial was not timely filed. Judgment was entered by the court August 3, 2022, and served by th...

Excerpt: ...demurrer tests the legal sufficiency of the pleadings, not the truth of the allegations or the accuracy of the described conduct. (Bader v. Anderson (6th Dist. 2009) 179 Cal.App.4th 775, 787.) The allegations in the pleadings are deemed true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materials Co. (2d Dist. 1981) 123 Cal.App.3d 593, 604.) However, 12 the court does not assume the truth of contentions, deductions, or ...

Excerpt: ...act (RISC) executed by plaintiffs and Auburn Honda. Plaintiffs purchased a new 2022 Honda Civic from Auburn Honda, who is not named as a defendant in this action. Defendant relies on the arbitration provision found in the RISC, where plaintiffs agreed to arbitrate with Auburn Honda regarding: “Any claim or dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope of this Arbitration Provision, and the arbi...