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Excerpt: ... Organization LLC was defaulted because it was suspended and unable to participate in litigation. The Court is not aware that Zitro has been reinstated and so presumes the opposition is filed on behalf of CAL only. All parties appear to agree that attorneys' fees awarded here should be calculated using lodestar methodology, i.e., the number of hours reasonably expended multiplied by the reasonable hourly rate. (PCLM Group, Inc. v. Drexler (2000) ...

Excerpt: ...l, is the estimate of 1004 class members still accurate? 2. The Treger Declaration notes there is a San Diego Superior Court case which alleges a claim on behalf of all non‐ exempt employees of Sheraton Operating Corporation arising from alleged meal and rest break violations from May 2019 through the present. There are nine members of the Security Guard class in the present action who potentially fall within the definition of the represented g...

Excerpt: ...vid Wood. Sustain with 30 days leave to amend as to the third (negligence), fourth (UCL), sixth (unjust enrichment), seventh (money had and received), and eighth (equitable indemnity) causes of action as against David Wood. To withstand a demurrer the complaint must contain “a statement of the facts constituting the cause of action, in ordinary and concise language.” (Code Civ. Proc., § 425.10.) “[T]he complaint need only allege facts suff...

Excerpt: ...y on Sterling Place in Rancho Mirage. (Complaint, ¶¶ 9, 11, Exhibit A.) Defendant owns property on Verlaine Drive in Rancho Mirage. (Id., ¶¶ 10, 12, Exhibit B.) The Defendant's property is located directly behind the Plaintiffs' property, and the two properties are separated by a brick wall. (Id., ¶ 13, Exhibit C.) The Plaintiffs maintained a row of 25 ficus trees and one fruit tree (standing 25 to 35 feet high) along the back wall bordering...

Excerpt: ... (Salisbury) and Ivan U. Cisneros. In an underlying suit entitled Barnum v. Aware Self‐Storage Inc. (BAC 1300908) alleging ADA violations, Plaintiff told its property manager, TNT Self‐Storage Management, Inc. (TNT), to handle the matter. TNT hired SGI who allegedly failed to respond to the complaint, resulting in a default judgment or a stipulated judgment, which Plaintiff was unaware of. On 7/28/20, Plaintiff filed its Second Amended Compla...

Excerpt: ...showing that the challenged cause of action arises from protected activity. (Navellier v. Sletten (2002) 29 Cal.4th 82, 88; Code Civ. Proc., § 425.16, subd. (b)(1).) If Defendants meet this burden, the court determines whether Plaintiffs can demonstrate a reasonable probability of prevailing in the action. (Id., at pp. 88–89.) Plaintiffs' first cause of action alleges a violation of 42 U.S.C. § 1983 against individual Defendants Fine and Amer...

Excerpt: ...nney v. Purepac Pharmaceutical Co. (2008) 167 Cal.App.4th 72, 77.) A special demurrer, other that subsections (a) & (e) of section 430.10, on the other hand, attacks the complaint on other grounds, such as uncertainty, misjoinder, lack of legal capacity or failure to identify the contract as oral, written, or implied by conduct. The defects must appear on the face of the document or judicially noticeable matters. (Blank v. Kirwan (1985) 39 Cal.3d...

Excerpt: ...y concealed or suppressed the fact with the intent to defraud the plaintiff; (4) the plaintiff must have been unaware of the fact and would not have acted as he did if he had known of the concealed or suppressed fact; and (5) as a result of the concealment or suppression of the fact, the plaintiff must have sustained damage. (Kaldenbach v. Mutual of Omaha Life Ins. Co. (2009) 178 Cal.App.4th 830, 850.) There are four circumstances that give rise ...

Excerpt: ...h cause of action. FACTUAL / PROCEDURAL CONTEXT Petitioners Katherine Robertson (“Katherine”), Dale Robertson, Jr. (“Dale”), Antonio Varela, Jr. (“Antonio”) and Roberto Varela (“Roberto”) (together, “Petitioners”) filed the present petition/motion for relief form the claims filing requirement under Gov. Code § 945.4 on March 10, 2021 against the County of Riverside (erroneously named as Riverside University Health System – ...

Excerpt: ...ingle cause of action for negligence and the addition of exemplary and punitive damages. Plaintiff asserts that the First Amended Complaint pled causes of action for negligence and assault and battery. The causes of action for assault and battery have since been stricken, via stipulation between the parties. Through the litigation process, however, Plaintiff's counsel has uncovered further evidence and facts indicative that Defendant breached his...

Excerpt: ...f material fact regarding causation. (Ian Jenkins, M.D.'s Declaration, ¶ 9; Samuel Pleasure, M.D.'s Declaration, ¶¶ 8 and 11.) Plaintiff has provided declarations from medical experts to show the triable issues. The declarations indicate that Altriki failed to meet his required standard of care and that his conduct caused Plaintiff's injuries. Ian Jenkins, M.D. opines that Altriki, as the supervising physician, fell below his standard of care ...

Excerpt: ...onsistent. It refers to the claims justifying the payment as being both “individual claims” (¶¶ 7 & 8) and as “Plaintiff's PAGA claim” (¶ 12). If the payment is in consideration of a PAGA claim, then the bulk of the settlement must go to the LWDA. Even in the absence of that inconsistency, the Court has its doubts. Kassel justifies the individual settlement on two bases. Neither is convincing. First, he says that the plaintiff is entit...

Excerpt: ...e court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” There are two forms of relief: mandatory or discretionary. (CCP §473(b).) Relief is mandatory if based on attorney fault and the court must set aside the entry of default, default judgment or dismi...

Excerpt: ...aint arises from Defendant's exercise of free speech or petition rights as defined in CCP Section 425.16(e). Courts have adopted an expansive view of protected speech to include any statements or writings made before any judicial proceeding, including pleadings, statements, and writings “ in connection with” litigation. A statement or writing is ‘in connection with litigation' if it relates to the substantive issues in the litigation and is...

Excerpt: ...ttorney's fees claims, and (4) punitive damages claims for the Third Amended Complaint (TAC). Page 5 of 14 Plaintiff's contract allegations in the TAC that a privacy policy on a website formed a contract with Plaintiff and that First American breached that contract are inconsistent with and violative of this Court's prior orders and as such are irrelevant and improper. CCP § 436(a) provides that a court may “[s]trike out any irrelevant, false,...

Excerpt: ...subject to judicial notice if those matters are reasonably disputable.” (Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal. App. 4th 97, 113.) Evidence Code §452(d) provides for judicial notice of court records. In general, the court can take judicial notice of the records in the pending action, or in any other action pending in the same court or any other court of record in the U.S. (Evid. Code §452(d).) But, judicial notice of o...

Excerpt: ... suffered an intestinal injury at work and was placed on medical leave. Plaintiff alleges he was wrongfully terminated when he could not return to work as scheduled due to complications of the injury. He filed his Complain in 11/12/20 alleging causes of action for: 1) discrimination; 2) retaliation; 3) failure to prevent discrimination and retaliation; 4) failure to provide reasonable accommodations; 5) failure to engage in a good faith interacti...