Excerpt: ... the action without prejudice rather than with prejudice. 3. ¶ 2 of the order shall be revised to delete the reference to “claims of the Aggrieved Employees.” The aggrieved employees have no claims, only the state and the named plaintiff. 4. The order states that the amount of the administrator's fees is $4,000, but the administrator quotes a fee of not‐to‐exceed $3,600. The order (¶ 4.b.) shall be revised to match the quote. 5. The amo...

Excerpt: ...ation, 5) elder abuse, and 6) negligence. These causes of action arise out of allegations that Plaintiffs have taken various jewelry items purchased from Defendants to experts for evaluation and the jewelry pieces have been determined to be "fake.” Defendants Jerry Darakjian, Ann Darakjian and Nicole Darakjian demur to the entire FAC on the grounds of uncertainty. In addition, Defendants demur to the 2nd – 6th causes of action on the grounds ...

Excerpt: ... employee whose claims are not typical of the agricultural workers. Defendant argues that Uribe is not a proper representative because he only worked sporadically during the class period. Defendant argues that there is no unity of interest because the agricultural workers and clerical workers are subject to different Wage Orders. Defendant argues that there no common issues of fact or law because plaintiffs do not allege overall wage and hour pol...

Excerpt: ...et”) when she slipped and fell on water on the floor. Plaintiff alleges that the water leaked from a defective refrigeration unit (“Unit”) manufactured and sold by Defendant Hussman Corporation (“Hussman”). Plaintiff alleges that Target failed to properly maintain the Unit and allowed ice to accumulate without a collection tray to hold accumulating condensation. Plaintiff filed the Complaint on June 1, 2020 and the operative First Amend...

Excerpt: ... goalie for one of the teams, the La Laja Boys, also received a yellow caution card for misbehavior. All of this happened in the last 15 minutes of the game. After the whistle blew, Emilio Caro, the goalie, attacked Salmon who was running towards the middle of the field. Salmon was seriously injured. In her Complaint, Salmon alleges three causes of action, for (1) assault and battery as against Caro, (2) vicarious liability/ratification of the as...

Excerpt: ...the motion into full compliance shall be filed no later than 8‐3‐2022. Deficiencies The deficiencies include the following: H.3.a.ii. The total amount of exposure is still unclear. In Wheeler's original declaration, he stated that the maximum exposure to PAGA penalties is $140,000. (P. 9.) Now he says that it is “approximately $125,000. (Supp. Decl. ¶ 4.) That inconsistency needs to be explained. H.3.a.iii.D. Does not state the number of w...

Excerpt: ... 14 Cal.App.4th 1692, 1718; Stevens v. Superior Court (1986) 180 Cal.App.3d 605, 608‐610.) In the absence of a fiduciary relationship, a duty to disclose can arise only under the circumstances described in Warner Constr. Corp. v. L.A. (1970) 2 Cal.3d 285, 294, but all of these circumstances presuppose the existence of some transactional relationship between the plaintiff and the defendant from which a duty to disclose can arise, such as the rel...

Excerpt: ...o. vs. Alperson (1979) 25 Cal. 3d 124, 127. Attorney's fees as an allowable cost item are governed by California Code of Civil Procedure section 1033.5(a)(10) and (c)(5), and motions for such fees are governed by California Rules of Court, Rule 3.1702. The court may properly award attorney's fees when a contract provides for the allowance of attorney's fees and suit is instituted to enforce the provisions of the contract: the trial court decides ...

Excerpt: ...table subordination), and 10th (constructive trust) causes of action, otherwise overruled. Plaintiff Key's First Amended Complaint alleges that it performed maintenance and landscaping work at a golf course and that it was not paid for its services. It alleges a complicated series of transactions and shell companies were utilized by demurring defendant Cushman and others to ensure that Key would not be paid, even on express written agreements int...

Excerpt: ...Tabeyang Ndipagbor's motion to set aside the default. This motion may be brought in the San Bernardino Court. The Court thus vacates all future dates, including the Case Management hearing set on July 21, 2022. Factual / Procedural Context: On 6/29/20, Sarah Awu Ndipagbor (“Plaintiff” or “Sarah”) filed a complaint for defamation against Evelyn Ejede Takem Ndipagbor (“Evelyn”) and Tabeyang Ndipagbor (“Tabeyang”) (collectively “De...

Excerpt: ...h CMO The motion does not fully comply with the CMO. In particular, the motion fails to comply to at least the following provisions. H.3.a.i.(B). The supplemental declaration of Barnes is inconsistent regarding the number of aggrieved employees employed during the applicable PAGA period. At ¶ 4 and on page 10, he says 1,100. In ¶ 16, he says 1,110. That inconsistency must be resolved. H.3.j.ii. The supplemental declaration of Barnes describes t...

Excerpt: ...l malpractice/wrongful death action. Plaintiffs Michael Franchini (“Franchini”) and Kelsey Garcia (“Garcia”) (together, (“Plaintiffs”) filed the complaint in this action on May 31, 2019 and the operative second amended complaint (“SAC”) on June 1, 2020 against defendants Yvonne D'Sylva, M.D. Yvonne D'Sylva, M.D., Inc. (together, “Dr. D'Sylva”), Elena B. Jackson, M.D. (“Dr. Jackson”), State of California (Department of Heal...

Excerpt: ...8.10(b)). “When a defendant challenges the court's personal jurisdiction on the ground of improper service of process the burden is on the plaintiff to prove…the facts requisite to an effective service. [Citation.]” (Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413, internal quotes omitted.) Filing a motion to quash automatically extends defendant's time to plead until 15 days after service of notice that the motion has been denied. (C...

Excerpt: ...lly served with the summons. Instead, the proof of service indicates “Sergio” (a room renter) was served on January 13, 2018. Plaintiff opposes the motion arguing that the motion to quash is untimely as Nunez acknowledges he received the complaint in October of 2021, and failed to file this motion until May 20, 2022, more than six months later. Plaintiff asserts that the section 473(b) motion is also untimely because default was entered on Ma...

Excerpt: ...alse, or improper matter inserted in any pleading.” In ruling on a motion to strike, the allegations in the complaint are considered in context and presumed to be true. (Clauson v. Superior Court (1998) 67 Cal.App.4th 1253, 1255.) Here, the motion seeks to strike punitive damages allegations from the Complaint. Such a motion lies where the facts alleged in a pleading do not rise to the level of “malice, fraud or oppression” required to supp...

Excerpt: ... Court finds that attorney's fees in the sum of $101,500.67 are not justified. First of all, those fees are measured by the escalator clause which raised the GSA to $304,505.94. The circumstances that triggered that clause are independent of any efforts of the attorney, and thus would constitute a windfall for counsel. Second, the lodestar is inflated by services that were, or should have been, unnecessary. For instance, it was unnecessary to fil...

Excerpt: ...ursuant to CCP 1019.5. Hearing will be conducted on July 18, 2022, to set future Order to Show Cause (OSC) hearing date as to why sanctions up to, but not to exceed $1,500.00 and/or dismissal should not be imposed as to JOSEPH HAKOPIAN, ESQ. and J. PAT FERRARIS, ESQ. On February 17, 2022, Plaintiff filed a Complaint against Defendants alleging motor vehicle, negligence, and negligence per se. (Compl. 4–5.) The Complaint alleges that, on June 20...

Excerpt: ...037). (Petition, ¶ 6; Amended Administrative Record filed March 8, 2021 (“AR”) 047‐055, 066‐075.) On February 16, 2021, Petitioner filed two written appeals of the citations and paid the requisite fees for a hearing. (Petition, ¶ 7; AR 077‐083.) In late February 2021, Officer Molina sent Petitioner a notice of hearing (which Petitioner alleges did not comply with Cathedral City Municipal Code (“CCMC”) § 13.100.040). (Petition, ¶...

Excerpt: ...dants did agree to supplement their responses to some, but not all, of the responses served on 11/16/21, and did so on 1/13/22. The supplemental responses were served by electronic mail. The present motion concerns only the responses which were not supplemented, so plaintiffs' discussion of the deadline for filing a motion to compel further responses to the supplemental responses is irrelevant. Defendants are also correct that the deadline for fi...

Excerpt: ...to those matters to the extent of any information known or reasonably available to the deponent.” Id. A request for documents can be made in connection with the PMQ deposition and when such a request for documents is made, “the witness or someone in authority is expected to make an inquiry of everyone who might be holding responsive documents or everyone who knows where such documents might be held.” Maldonado v. Superior Court (2002) 94 Ca...

Excerpt: ... in the reduced sum of $4,500. The hearing on the portion of the motion regarding administrator's fees will be continued to afford the administrator an additional chance to comply with the CMO. The motion for final approval cannot be granted in its present form because it does not comply with the court's CMO. In addition to the administrator's incomplete declaration, the CMO violations include: The administrator has not complied with section H.5 ...

Excerpt: ...ndependent contractor, assigned by a staffing agency, Garuda Labs, Inc. and nowhere alleges that she was an employee of Core‐Mark. The complaint must be construed liberally… with a view to substantial justice between the parties.” Cal. Civ. Proc. Code § 452; Gressley v. Williams (1961) 193 Cal.App.2d 636, 639. Leave to amend should be routinely and liberally granted regardless of the defect and a failure to allow amendment to an original c...

Excerpt: ...Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.”...

Excerpt: ... toll lane, or toll highway that employs an electronic toll collection system.” (emphasis added.) “Transportation agency” includes “any entity operating a . . . toll lane, or toll highway within the state . . . or any entity under contract with any of the above entities . . . .” (Sts. & Hy. Code § 31490(l).) “Personally identifiable information” or (“PII”) is defined as “any information that identifies or describes a person i...

Excerpt: ...e, including protective orders.” (CCP, § 1987.1(a)&(b)(1)‐(3).) Also, the court may make any other order as may be appropriate to protect the parties, the witness, or the employee from “unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person. (CCP., § 1987.1(a).) “If a deponent fails to produce a requested document under his or her control, the subpoenaing party may bring a motion to c...