Excerpt: ......

Excerpt: ......

Excerpt: ......

Excerpt: ......

Excerpt: ......

Excerpt: ......

Excerpt: ......

Excerpt: ......

Excerpt: ......

Excerpt: ......

Excerpt: ......

Excerpt: ......

Excerpt: ......

Excerpt: ......

Excerpt: ...ourse materials prior to the start of classes; and/or off‐duty rest breaks and/or meal breaks; and itemized wage statements containing entries for the hours worked and hourly rates in effect. The parties have reached a settlement in the amount of $700,000, which amount includes $20,000 in PAGA penalties, attorneys' fees in the amount of $233,333.33 and a maximum of $30,000 in settlement administration costs, although the settlement administrato...

Excerpt: ...anagement Conference for 9‐17‐20 is continued to 11‐19‐20 at 8:30 a.m., Department 5. To support a claim for punitive damages under Civil Code (CC) §3294, plaintiff must plead facts supporting a showing of malice, oppression or fraud. (CC §3294(c).) Ordinary negligence (mere carelessness or simple failure to exercise due care for plaintiff's safety) does not amount to malice, oppression or fraud and thus does not support a punitive dama...

Excerpt: ...se, or excusable neglect.” There are Page 4 of 4 two forms of relief: mandatory or discretionary. (CCP §473(b).) Relief is mandatory if the attorney is willing to take the blame and pay the costs; the court must set aside the entry of default, default judgment or dismissal. (Lorenz v. Commercial Accept. Ins. Co. (1995) 40 Cal.App.4th 981, 989.) Without an attorney affidavit of fault, relief is discretionary and must be based on a showing of mi...

Excerpt: ...nd grants the motion with respect to all requests at issue (numbers 26‐ 29 and 32‐35). “[D]iscovery from a nonparty may be obtained only by ‘deposition subpoena'. Such a subpoena may be used to conduct an ‘oral deposition,' a ‘written deposition,' or a ‘deposition for production of business records and things.'” (Unzipped Apparel, LLC v. Bader (2007) 156 Cal.App.4th 123, 130.) Here, Moreland has produced some documents in response...

Excerpt: ...t Brown was not acting in the course and scope of his employment with Forest Lawn when the accident occurred. Forest Lawn moves for summary judgement on the grounds that there is no triable issue of fact that Brown was not acting within the course and scope of his employment with Forest Lawn when the accident occurred. There is a triable issue of fact whether Brown was acting in the course and scope of his employment with Forest lawn when the acc...

Excerpt: ...ll off a ladder and suffered severe injuries. When he returned to work four days later, with medical restrictions limiting Plaintiff to modified light duty. Defendants refused to place Plaintiff back to work and eventually replaced him. On 7/17/19, Plaintiff filed his complaint for: (1) disability discrimination; (2) failure to accommodate; (3) failure to engage in interactive process; (4) retaliation; (5) wrongful termination in violation of pub...

Excerpt: ...rom Plaintiffs' employment relationship and Plaintiffs do not adequately allege that Desert Falls Villas Master Association is their employer. {See FAC ¶¶ 7‐8.} Plaintiffs' allege in the First Amended Complaint that all Defendants “are a single employer for purposes of liability” and that they “jointly employed” Plaintiffs. {See FAC ¶ 17.} Here, the First Amended Complaint is not uncertain. (See Khoury v. Maly's of Calif. Inc. (1993)...

Excerpt: ...and ratification by any of the three demurring defendants. Vague allegations that the “District” knew of the alleged assaults is insufficient. Because such facts might exist, the Court grants leave to amend. As to the fifth cause of action for negligent supervision, that is a theory of liability against employers who hire or retain an incompetent or unfit employee whose characteristics might pose a danger to persons the employee is expected t...

Excerpt: ...demurring Defendant under any theory. It is unclear what if any Miracle Education is alleged to have taken against Plaintiff. The Second Amended Complaint merely alleges, as to each cause of action, that Miracle Education is liable for the actions of its agents, representatives, or directors, the Digiulios. The Second Amended Complaint does not, however, state sufficient fats to demonstrate that the Digiulios had authority to act on behalf of Mir...

Excerpt: ...Angeline Campos, submitted the proposed initiative measure (which would eventually be known as Measure L), which would create exemptions to allow some cannabis businesses. (AR 0013‐ 0077.) On 4/9/18, the Registrar of Voters verified the signatures and declared the petition sufficient. (AR 0183.) The City Council submitted a rebuttal argument against Measure L. (AR 0099, 0194‐0197, 0492, 0506, 0520.) On 11/6/18, the voters approved Measure L b...

Excerpt: ...he hearing, as required by RSC Local Rule 3116, the Court dismissed the action on August 2, 2019. Over 10 months later, on June 6, 2020, the plaintiff moved for attorney's fees pursuant to the settlement agreement with the defendant. The court to which the motion was assigned denied Page 4 of 4 the motion on the ground that the action had been dismissed. The plaintiff now moves for an order vacating the dismissal. The defendant contends that the ...