Excerpt: ...ncouraging requests for unnecessary rulings, the request is denied. The defendant relies upon an arbitration provision in the RISC, but the defendant is not a party to the RISC. Instead, it invokes the doctrine of equitable estop#l. A party to an arbitration agreement may be equitably estopped from refusing to arbitrate with a nonparty in two circumstances: (1) when the signatory must depend on a written agreement, which sets forth an arbitration...

Excerpt: ...rn, K. Hovnanian sued several of its subcontractors, including the moving cross-defendants' insured, Palomar, for indemnity, breach of contract, negligence, and breach of warranty. The moving cross-defendants argue that the claims in the cross-complaint are barred by the statutes of limitation in Code of Civil Procedure sections 337.15. (Notice, p. ii That argument fails, because section 337.15 is inapplicable. "Sections 337.15 and 337.1 ofthe Co...

Excerpt: ...m 60% of BAP to 55%. The Court adopts that recommendation. The verified production does not currently exceed PSY, and thus the area is not currently being overdrafted. However, the FPA should be ramped down now so that, if production increases in the future, the FPA will be low enough to ensure that the increased pumping does not exceed PSY. The Court orders that the FPA for all producers in Este shall be reduced to 55% of BAP for Water Year 2023...

Excerpt: ... facts giving rise to the amended allegations were discovered. (Rule 3. 1324(b)(3).) They simply state: "After researching the matter and consulting with attorneys, plaintiffs discovered that new allegations should be added to their SAC." They do not allege either when that research occurred or when that consultation occurred. And while they state when they discovered that the allegations of their pleading need to be supplemented, they still do n...

Excerpt: ...fendant's conduct was "malicious and/or oppressive, and done with a willful and conscious disregard for Mrs. Jasperson's rights," and justifies an award of punitive damages. 53 & 58.) "Malice" means conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others. (Civ. Code, S 3294, subd. (c)(l).) "Oppres...

Excerpt: ...re is not any actual controversy on that point. Exhibit L to the SAC, a letter from the State to Cemex, states: "Pursuant to CCR, tit. 22, section 56262.11, the generator is required to make a hazardous waste determination at the point of generation." That section provides: "A person who generates a waste, as defined in section 56261.2, shall determine if that waste is a hazardous waste ... ." The SAC cites to secton 66262.11 for the same proposi...

Excerpt: ...rine of equitable estoppel. A party to an arbitration agreement may be equitably estopped from refusing to arbitrate with a nonparty in two circumstances: (1) when the signatory must depend on a written agreement, which sets forth an arbitration provision, in asserting claims against the nonsignatory; Page 3 of 4 or (2) when the signatory alleges "substantially interdependent and concerted misconduct" by the nonsignatory and a signatory and the a...

Excerpt: ...port of consolidation, Meritage made the following representations to the Court: "The Michael Edwards case and the Meritage case present essentially the same overlapping issues, and have common issues of law and fact. First, the subject matter of both cases are the same 27 homes in the Meridian community (with two additional homes in the Meritage action) that alleged the construction of their homes violated Civil Code sections 896 and 897. Second...

Excerpt: ... two plaintiffs against TEG were either ordered into arbitration, dismissed, or stayed. Therefore, the moton must be denied as to them. As to the claims against TEG by the remaining moving plaintiffs, the undisputed evidence is that they were not employed by TEG. (Castillo decl., '1 9.) Although the plaintiffs point to allegations that every defendant was a joint employer of every plaintiff (SAC '1 23), the truth of that allegation is highly doub...

Excerpt: ...ncorporated part of the County of Riverside, and 336 acres are within Colton. (Ibid.) Within the portion that is within Colton lies Pellissier Ranch (hereinafter, "the Ranch"), a 227-acre parcel owned by the City of Riverside's public utilities department. (Ibid.) The principal argument raised in the petitioner's opening brief is that the City violated CEQA by falling to impose mitigation measures on the Ranch. (0B 1, 5-8.) It complained that the...

Excerpt: ...non- individual claims is stayed. Analysis: Since the moton is directed only to plaintiffs Brockington and Mikael Riley, declarations of other plaintiffs describing the duties of those other plaintiffs are irrelevant. The agreements have been sufficiently authenticated. The plaintiffs do not argue to the contrary. Page 3 of 4 The agreements expressly apply the FAA. The plaintiffs do not fall within the scope of the "transportation worker" excepti...

Excerpt: ...t be prepared to explain how she would amend the complaint to cure the defects described in the tentative ruling. The Court re-issues the same tentative ruling. The RJN is largely denied because, other than the SAC, the memorandum of points and authorities in support of the demurrer does not refer or otherwise rely upon any of the documents of which judicial notice is requested. A private person has stand-ng to bring an action for relief for a vi...

Excerpt: ...23, the plaintiff shall submit a revised proposed order, a further amendment to the settlement agreement, or both. Page 4 of 4 Analysis: On 3-20-23, the Court granted the plaintiff's request for judicial notice, approved the claim for costs in the sum of $32,253.55 as requested, and approved the administrator's fee of $183,000 as requested. All other issues were continued to 5-23-23. The Portion that Is Denied: The claim for a $10,000 enhancement...

Excerpt: ...Matern a. The declaration of Matern refers to the estimates and opinions of unidentified persons in the 26-attorney Matern Law Group. (E.g„ 40-48.) That is not consistent with S H.3.a.i-iv. of the CMO, which requires the estimates to be of the declarant, not some other person. b. The declaration of Matern describes the experience of several attorneys, but does not provide the information required by S H.3.a.iii: "the number of class certificati...

Excerpt: ...t of the demurrer does not refer or otherwise rely upon any of the documents of which judicial notice is requested. A private person has standing to bring an action for relief for a violation of Business and Professions Code secton 17200 only if the person "has suffered injury in fact and has lost money or property as a result of the unfair competition." (Bus. & Prof. Code, S 17204.) Here, the plaintiff has not alleged that any of the conduct of ...

Excerpt: ... against the nonsignatory; or (2) when the signatory alleges "substantially interdependent and concerted misconduct" by the nonsignatory and a signatory and the alleged misconduct is "founded in or intimately connected with the obligations of the underlying agreement." (Goldman v. KPMG, LLP (2009) 173 Cal.App.4th 209, 218-219.) Neither of those circumstances are present here. Plaintiff does not base any of her claims against Defendant on the RISC...

Excerpt: ...s name statements are not relevant because they do not establish beyond dispute that the plaintiff was not an owner of the business. The Court may take judicial notice that the statements were filed with the county clerk, but not that the statements are true. First Cause of Action The first cause of action does not state facts sufficient to state a cause of action for conversion because it fails to allege a demand for the return of the property. ...

Excerpt: ...l.) The agreements expressly apply the FAA. The plaintiffs do not fall within the scope of the worker" exception to the FAA. The exemption in section 1 of the FAA is limited to classes of workers who "play a direct and 'necessary role in the free flow of across borders." (Southwest Airlines Co. v. Saxon (2022) 142 s.ct. 1783, 1790, quoting Circuit City stores, Inc. v. Adams 532 U.S. 105, 121.) Here, there is evidence only of the roles of only thr...

Excerpt: ...ience in '148. The CMO seeks the experience of the declarant estimating the value of the various claims, not simply the experience of the law firm asa whole. (S F.12.b.) b. Is internally inconsistent: i. Is Haque's hourly rate $925 ('1 51) or $825 ('166)? ii. Is Campbell's hourly rate $725 (q 57) or $700 (q 56)? iii. Is the total time spent 119.93 hours as stated in the text of 65, or 251.6 hours as stated in the chart in '1 66? c. Does not indic...

Excerpt: ...e revised at page 1 to identify the settlement agreement that is being preliminarily approved by stating the name of the declarant and the filing date of the declaration to which the agreement is attached. b. 915 provides that the final approval hearing may be continued without notice, but 6 and 17 provides that any objectors shall be given notice of any continuance. That inconsistency shall be resolved. c. Paragraph 8 provides that objectors are...

Excerpt: ...will be deleted, and if so, it does not describe by page and line number what allegations in the first amended complaint are being deleted. (Rule 3.1324(a)(2).) • The motion does not state what allegations are proposed to be added, and where in the proposed SAC the new allegations are found. (Rule 3.1324(a)(3).) • The declaration supporting the motion does not explain why the amendments are necessary. (Rule 3.1324(b)(2).) It says only that th...

Excerpt: ...f action of the Third Amended Cross-complaint of Qilin Chang, Golden Taste LLC, and Golden Globe, LP, is granted as to the claims of all three cross-complainants. Analysis: The third amended cross-complaint was filed on 11-19-20. The seventh cause of action asserts a claim for indemnity of all cross-complainants by all cross-defendants. (P. 20.) Specifically, it seeks a determination that the cross-complainants should be indemnified by the cross-...

Excerpt: ...intiffs' opposition to the demurrer is inconsistent, both internally and with res#ct to the allegations of the complaint. For instance, the complaint alleges that the plaintiffs own and reside in the subject property. ('1 1.) The representation that they own the property is repeated in the opposition. (P. 1, II. 11.) Consistent with that representation is the prayer of the complaint, in which the plaintiffs ask for injunctive relief to restrain a...

Excerpt: ... is overruled. Analysis: The plaintiff asserts seven causes of action in his complaint. The County demurs to the first, fourth, fifth, and seventh, all of which are asserted solely against the Counw. The County and Miller demur to the sixth, which is alleged against all defendants. The demurrer also states that it is brought by "Defendants County of Riverside, Ronald L Miller and Does 1 through 50 ('Defendant<)." No fictitiously named defendants ...

Excerpt: ...er. Analysis: 1. The declaration of Haines certifies the factual representations to be true "to the best of my knowledge." The Court requires an unconditional certification consistent with Code of Civil Procedure section 2015.5. An amended declaration shall be filed. 2. Because of its unsatisfactory performance as an administrator in other cases, the Court no longer approves Simpluris as an administrator in any case. The parties shall select a di...