Excerpt: ...to fully comply with the Court's CMO. 1. The proposed order must be revised. a. The order refers to the settlement agreement rather than the amended settlement agreement. (P. 3.) All such references shall be corrected. In addition, the order shall be revised to identify the declaration to which the amended agreement is attached, both by name of declarant and filing date. Page 5 of 6 b. The class definition (q 3) is unclear in two respects. i. Wha...

Excerpt: ...all other requests for judicial notice are granted. The plaintiffs submitted additional evidence with their reply. Rather than exclude that evidence, the Court agreed to consider it, but on the condition that the defendants would be allowed to rebut that untimely evidence during the course of the supplemental br-efing ordered by the Court. The Court did not authorize the plaintiffs to submit yet another round of evidence. Accordingly, the Court d...

Excerpt: ...er, 1; hereinafter, the "Fees." ) In addition, the County admits that the Fees "are levied in addition to any property taxes levied on timeshare estate holders or their timeshare interests .. " (Ibid.) It also admits that the amount of those fees and the ordinances establishing those amounts are as follows: • County of Riverside Ordinance No. 735.3 establishes the current Fee collected by the Riverside County Assessor, and sets the Fee at $23.0...

Excerpt: ...sary to cure the following errors and omissions: 1. The settlement agreement: a. The agreement is internally inconsistent regarding the identity of the plaintiff. It identifies the plaintiff both as Brandon Fiore (p. 1) and as Cindi Vasquez (q 29). Similarly, the introductory language on page 1 refers to the plaintiff with a masculine pronoun ("himself") but 32 and 52 of the agreement refer to the plaintiff with feminine pronouns (she, her). That...

Excerpt: ...ons to which he refers in 15 of his declaration filed 2-6-23, and stating the nature and amount of any loss of income he suffered as a result of those unsuccessful applications." The plaintiff has not done so. Instead, the parties stipulated to continue the hearing to 5-11-23. The sole basis for the requested continuance was that Ward was still working on his supplemental declaration. However, the stipulation did not explain why Ward required 10 ...

Excerpt: ... law authorizing it, much less requiring it. Plaintiff's reliance on Van Vranken v. Atlantic Richfield Co. (N.D.Cal. 1995) 901 F.Supp. 294 is misplaced, because that was a class action alleging violations of section 201 of the Economic Stabilization Act. It has nothing to do with PAGA. Although Valdez gave a general release of individual claims, he did not describe the nature or value of any individual claims he was releasing. Indeed, in 41 of th...

Excerpt: ...]o policy of insurance shall provide, or be construed to provide, any coverage or indemnity for the payment of any fine, penalty, or restitution in any criminal action or proceeding .. (Ibid.) It does not prohibit the use of insurance proceeds to offset criminal restitution. To the contrary, case law establishes that settlement payments made to a crime victim by the criminal defendant's insurance carrier must be offset to respondent's restitution...

Excerpt: ...losure or concealment may constitute actionable fraud: (1) when the defendant is in a fiduciary relationship with the plaintiff; (2) when the defendant had exclusive knowledge of material facts not known to the plaintiff; (3) when the defendant actively conceals a material fact from the plaintiff; and (4) when the defendant makes partial representations but also suppresses some material facts. Where, as here, a fiduciary relationship does not exi...

Excerpt: ...22, 2023, the plaintiff shall file the following: 1. A supplemental declaration from Ward, stating the dates on which he submitted the job applications to which he refers in ¶ 16 of his declaration filed 2-6-23, and stating the nature and amount of any loss of income he suffered as a result of those unsuccessful applications. 2. An amended declaration of Lo. The declaration filed 2-6- 23 (a) is not signed, (b) refers to but does not authenticate...

Excerpt: ... to a memorandum of costs are not jurisdictional [citation], and the premature filing of a memorandum of costs is treated as ‘a mere irregularity at best' that does not constitute reversible error absent a showing of prejudice. [Citations.] Rather, courts treat prematurely filed cost bills as being timely filed.” (Haley v. Casa Del Rey Homeowners Assn. (2007) 153 Cal.App.4th 863, 880.) Here, there is no showing of how the petitioner was preju...

Excerpt: ...ith the Administrative Procedure Act, as to the second cause of action, and as to the third cause of action. As to the claim that the plaintiff attempted to allege in ¶ 57, it is sustained with 21 days' leave to amend. Analysis: First Cause of Action To the extent that it alleges that the defendant's December 8, 2021, letter constitutes an underground regulation by requiring that every batch of EMSW be tested prior to being used for EMSW convers...

Excerpt: ...-23 hearing date. Accordingly, they are untimely. (Code Civ. Proc., § 1005, subd. (b).) The default was entered on 8-2-22. The Motion was filed on 1-24-23, less than six months later. The motion is therefore timely. “An attorney has both an ethical and statutory obligation to warn opposing counsel, if counsel's identity is known, of an intent to seek a default and to give counsel a reasonable opportunity to file a responsive pleading.” (Shap...

Excerpt: ...n fails because it does not allege a tender of the amount of the indebtedness owed. The plaintiff notes that no tender is required if It would be inequitable to enforce that condition against the plaintiff. (Oppo., p. 4, l. 17, through p. 5, l. 22.) In arguing that the enforcement of the tender rule would be inequitable in this case, the plaintiff contends that the defendants' “misconduct was in the filing of the Notice of Default with a false ...

Excerpt: ... last month in which the plaintiff alleges to have worked for the defendants). The request for sanctions is granted. Hollandia Farms and its counsel are ordered to pay, jointly and severally, the sum of $1,060 to counsel for plaintiff forthwith. Analysis: Hollandia Farms, Inc., objected inter alia on the ground that the requested information would not lead to the discovery of admissible evidence because Plaintiff did not work for this Defendant a...

Excerpt: ...me claim at $582,570, “using a violation rate of three (3) hour of overtime wages per workweek.” The other estimated maximum values of the remaining claims are based on similar assumptions. But the declaration appears to be silent as to whether there are any facts that would justify those assumptions. The Court is asking for an estimate of the highest value justified by the evidence, not a number based on an assumption for which there is no e...

Excerpt: ...s denied to the extent that it seeks the dismissal of the non-individual PAGA claims. The prosecution of the plaintiff's representative PAGA claims is stayed pending the resolution of the arbitration. The status conference is vacated. Analysis: In her oral testimony on 11-14-22, the plaintiff conceded that she received “paperwork” during the on-boarding process when she first started working for Riverside Medical Clinic. (RT 8 & 12.) Specific...

Excerpt: ...dressing each of the following issues: 1. Moon states that there are 175 class members. (Moon decl., ¶ 17.) The fixed fee quoted by the administrator is based on 170 class members. (Lawrence decl., Exhibit B.) Is the administrator's fee changed if the number of class members is 175? 2. By including claims that could have been alleged “based on the . . . legal theories contained in the Action” (Agreement, ¶ 69; Order, p. 4; part 8 of the not...

Excerpt: ...rict”). (Case RIC1905897, hereinafter, “RAC Mandate Action.”) In response to the defendant's demurrers, a first amended petition and second amended petition (“SAP”) were subsequently filed. On 12-11-20, the defendant's demurrer to the SAP was sustained without leave to amend. Pursuant to the stipulation of the parties, on 9-3-21 the Howard Jarvis Taxpayer Association (hereinafter, “plaintiff” or “the association”) substituted in...

Excerpt: ...7.6, subd. (3)(10).) Each of the five documents appear to be relevant to that compliance, as shown by the fact that they were repeatedly cited in the initial study and mitigated negative declaration and in the Water Quality Management Plan: Document #1 – the Fontana Study: It is referenced throughout the AR, the party's respective briefs, in the Initial Study/MND (IS/MND) (AR 414, 447‐448, 648‐649), and in the Traffic Impact Analysis (AR 39...

Excerpt: ...eclaration, describing when he first became aware that the administrator had failed to mail the notices in a timely fashion, and explaining why counsel should not have discovered that delay sooner. No later than 3‐1‐23, the plaintiff shall file an amended declaration of Lee, curing the following inconsistencies and ambiguities in the declaration filed: 1. Paragraph 22 states: “Phoenix has agreed to perform all the listed Settlement Administ...

Excerpt: ...he parties previously deleted such a provision. Now they have put it back into the release. 2. The explanation for limiting the scope of the settled claims to butchers and meat cutters is still unclear. As the Court previously observed: “The LWDA claim letter was sent on behalf of all employees of the two defendants. Apparently, those employees numbered 143. The settlement focuses solely on those employees who worked as butchers and meat cutter...

Excerpt: ...n the property since 2024. (See SSUF #1.) Here, the relevant time period is from 11‐19‐17 to the present. (SAC, ¶ 8.) Therefore, the facts listed in the separate statement fail to establish a prima facie showing that the plaintiffs' claims cannot be proven. Second, even assuming that the 2024 date is a typographical error, intended to be 2014, other SSUFs also fail to address the entire period during which the plaintiffs seek to establish he...

Excerpt: ...ecause Facebook was a party to the communications that were allegedly intercepted. (See Rogers v. Ulrich (1975) 52 Cal.App.3d 894, 899 [“only a third party can listen to what is said in private”].) The Court is not persuaded. The Complaint alleges that Plaintiffs provided their personal information to Defendant through accessing its website, which was transmitted to Facebook without Plaintiffs' consent or authorization. There is no allegation...

Excerpt: ...cheduled for September 28, 2023, at 8:30 A.M. Analysis: The Court had questioned the request for reimbursement of the “$3,150 paid to Rust Consulting to issue Belaire West notices. That appears to the Court to be unreasonably expensive. Given that Phoenix is conducting the entirety of settlement administration for $5,750, it is difficult to understand how it reasonably cost nearly 55% of that sum just to send out a letter. The Court requires a ...

Excerpt: ...tained with 20 days' leave to amend. The plaintiff has leave to assert a new claim for relief under Business and Professions Code section 17200, but only against defendants Quistorf and Inland Empire Latino Lawyers Association. Analysis: First cause of action, for negligent misrepresentation The plaintiff acknowledges that a plaintiff alleging negligent misrepresentation must allege “a misrepresentation of a past or existing material fact.” (...