Excerpt: ...rt construes the absence of a memorandum as an admission that the motion is not meritorious and good cause for the denial of the motion. (Rule 3.1113(a).) Page 2 of 2 The factual representations in the motion are not supported either by any declaration or other evidence or by any request for judicial notice. The absence of either demonstrates that the motion is meritless. The absence of both, coupled with the moving party's insistence on May 17, ...

Excerpt: ... agency knew or should have known of the existence of this case before April 24, 2018, and the agency's commitment that it will be prepared to participate in trial without any continuance, intervention is appropriate ...

Excerpt: ... not say that prosecutors are free of any limits on their financial conflicts of interest. To the contrary, the Court said: “We do not suggest . . . that the Due Process Clause imposes no limits on the partisanship of administrative prosecutors. Prosecutors are also public officials; they too must serve the public interest. [Citation.] In appropriate circumstances the Court has made clear that traditions of prosecutorial discretion do not immun...

Excerpt: ...related cases described in the declaration of Wall? 2. Is the execution date on the declaration of Wall accurate? 3. Why no notice of related case has been filed in this case regarding RIC1809267 or in Martinez Rodriguez concerning this case? 4. ¶ 11 of the order, at lines 20‐23: The Court will not speculate as to whether statements made in the Agreement might be relevant in some other proceeding between other parties, and will not decide what...

Excerpt: ...n 473, subdivision (b). A second declaration was filed and served on June 22, 2018, but that declaration is disregarded because it was served less than 16 court days before the hearing. ...

Excerpt: ...he FAC. 2. The agreement provides for the entry of judgment that would purport to bind all aggrieved employees. The parties rely on the Supreme Court's statement that “the judgment in [a PAGA action brought by an aggrieved employee] is binding not only on the named employee plaintiff but also on government agencies and any aggrieved employee not a party to the proceeding.” (Arias v. Superior Court (2009) 46 Cal.4th 969, 985.) However, as expl...

Excerpt: ...r setting aside a default. [Citation.]' ” (Purdum v. Holmes (2010) 187 Cal.App.4th 916, 922.) Defendant Waters and defendant County of Riverside shall file a response to the Complaint within 30 days. ...

Excerpt: ... granted. Page 2 of 4 The request for judicial notice filed by Cooper on 6‐1‐18 is denied. The motion for leave to intervene by filing the proposed complaint in intervention lodged on 4‐19‐18 is granted, provided that (1) it is amended to state the correct court and case number and the current name of the corporate defendant, and (2) it is filed and served no later than June 22, 2018. Prosecution of that complaint in intervention is staye...

Excerpt: ... alleged in the original Complaint and are thus, read into the amended pleading. (Wennerholm v. Stanford Univ. School of Medicine (1942) 20 Cal.2d 713, 716; Vallejo Develop. Co. v. Beck Development Co. (1994) 24 Cal.App.4th 929, 946.) Leave to amend is DENIED. 3 rd and 4th causes of action: DENIED. Plaintiff alleges sufficient facts to fall within an exception to the workers' compensation exclusivity rule. Falsely accusing an employee of assault ...

Excerpt: ...when it denied the first motion: a. This motion fails to comply with §E.6.c, regarding how the payments to the named plaintiffs were calculated. b. This motion violates §E.8.a of the CMO by failing to state whether counsel has informed any of aggrieved employees about the lawsuit. c. This motion violates § E.8.b of the CMO, by proposing that the action would be dismissed with prejudice. Page 2 of 5 d. This motion violates §E.9 by purporting t...

Excerpt: ...ronic service of the document is not authorized unless a party or other person has agreed to accept electronic service in that specific action or the court has ordered electronic service on a represented party or other represented person under subdivision (c) or (d). While CCP § 1010.6(d) allows the court to adopt local rules requiring electronic filing and service and Local Rule 3118 makes “electronic filing” mandatory, filing is currently ...

Excerpt: ...in the proposed amended pleading. (Rule 3.1324(a)(3).) Plaintiff failed to do so. A motion for leave to amend must be supported by a declaration that specifies “[w]hen the facts giving rise to the amended allegations were discovered.” (Rule 3.1324(b)(3).) The declaration of Milstein fails to do so. Regarding the willfulness claim, he says that the fact did not arise until “after we filed the original Complaint in this matter.” The complai...

Excerpt: ...lief sought is a declaration regarding the rights, duties and obligations of the banks, AFVW, and the Department regarding AFVW's real property. That is the same issue raised in the banks' complaint, AFVW's answer to that complaint, and the Department's answer in intervention to that complaint. The complaint in intervention is thus duplicative and unnecessary to protect the Department's interests. (2) The caption fails to identify the defendants ...

Excerpt: ...MO#2, which the Court will issue forthwith. Analysis: 1. The estimated numbers of class members are very round: 600 and 300. (Williams decl., ¶ 5.) What is the basis for those estimates? Given that the defendant produced “detailed information . . . identifying members of the Cell Phone Class and Truck Class by employee identification number” (Williams decl., ¶ 7), why is it necessary to estimate? 2. The compliance with section E.1.a of the ...

Excerpt: ... in the Court's view, that dismissal is not due to any settlement. If there is no settlement, then there is no need for Court approval. In that event, plaintiffs' counsel is free to voluntarily dismiss the claims of those two plaintiffs if counsel believes that he has their authorization to do so. The Court will not order such a dismissal. b. In that event that some consideration has been given to those plaintiffs for the dismissal of their claim...

Excerpt: ... of the requirements prescribed by section G of the CMO#2, one line for each requirement in each paragraph or sub‐paragraph. The other column shall describe – by document name, page, and line numbers ‐‐ where in the moving papers each of the corresponding requirements is satisfied. Analysis: The second motion fails to comply with the Court's CMO#2 or is otherwise ambiguous or contradictory in the following respects: 1. The agreement provi...

Excerpt: ....5. Instead, it suggests only: that counsel spoke briefly by phone, during which plaintiff's counsel promised to provide additional authority within two weeks; that he failed to do so; and that defendant's counsel made no further efforts to speak with him. That does not constitute a reasonably diligent and good‐faith attempt to discuss and resolve the merits of the defendant's challenges to the complaint. ...

Excerpt: ...ply are granted as to objections ## 4, 5, 15 & 16, but otherwise overruled. The motion for summary judgment is denied. The alternative motion for summary adjudication is denied. Analysis: Judicial notice: Judicial notice of the unrelated trial court rulings is denied because an isolated “trial court ruling has no precedential value.” (Santa Ana Hospital Medical Center v. Belshé (1997) 56 Cal.App.4th 819, 831.) Evidence: Facts asserted on inf...

Excerpt: ...en filed. That plaintiff's counsel was not working at his office and did not know that he had received the responses by the time that he filed his motion explains why the motion was filed, but does not change the fact that the motion to compel was no longer necessary. When plaintiff's counsel discovered that the responses had been received, he should have granted the defendant's request to withdraw the motion and to spare the defendant from the e...

Excerpt: ...val of a proposed class action settlement were denied. The plaintiff reserved a hearing for a third motion for preliminary approval to be conducted on May 23, 2018. She filed the notice of motion on May 1, 2018. However, no other documents were filed in support of that motion except for a declaration from defendant's counsel filed May 3, 2018. The notice of motion refers to a memorandum of points and authorities, the settlement agreement, other u...

Excerpt: ...by section I of the CMO#2, dated 6‐4‐18, one line for each requirement in each paragraph or sub‐paragraph. The other column shall describe – by document name and by page and line numbers ‐‐ where in the moving papers each requirement is satisfied. Analysis: The motion fails to comply with the case management order #1, filed 1‐19‐17, in at least the following respects:  Counsel's declaration fails to comply with §G.1.c., the po...

Excerpt: .... Analysis: By an order filed December 18, 2017, the Court preliminarily approved the settlement in this case. That order provided that the “Final Approval Hearing” would be conducted on May 20, 2018, at which the court would decide whether to grant final approval, and would also decide whether to grant any request for attorney's fees and costs, and for enhancements. The court's case management order provides at ¶ H.1 that, promptly after th...

Excerpt: ...of the requirements prescribed by section G of the CMO#1, filed 3‐17‐17, one line for each paragraph or sub‐paragraph. The column on the right shall describe – by document name, page, and line numbers ‐‐ where in the moving papers each requirement is satisfied. Analysis: The motion violates the Court's CMO. Specifically, it fails to comply with the following portions of section G of the order:  ¶ 1.f. re fee splitting agreements. ...

Excerpt: ...intiff fails to do so, the Court may deem any facts as to which the plaintiff fails to comply as being undisputed. If the defendant feels that the revised separate statement requires a further response, the defendant may file an amended reply no later than June 1, 2018. Analysis: In an opposing separate statement, the opposing party must “describe the evidence that supports the position that the fact is controverted. Citation to the evidence in...

Excerpt: ...on that the defendant waived statutory notice. Were that the only issue, the hearing would have been continued. The primary reason for the denial of the motion is the plaintiff's failure to fully comply with the court's CMO#2. For instance:  ¶ H.1.b. requires counsel to estimate the recovery that could be awarded if the action were successful on all claims. Nowhere is that figure stated. Kim appears to estimate the potential recovery on discr...