Excerpt: ...ded. The Demurrer is overruled as to the remaining causes of action. The extrinsic evidence produced by Defendants may not be considered in ruling on a demurrer. Because all allegations must be accepted as true, Plaintiff has stated sufficient facts to show that the subject property is an owner‐occupied residence subject to the Homeowners Bill of Rights for the purpose of the demurrer. A party may object by demurrer to a complaint on grounds th...

Excerpt: ... true the material facts alleged in the complaint, as well as any facts which may be implied or inferred from those expressly alleged.” (Washington Int'l Ins. Co. v. Superior Court (1998) 62 Cal. App. 4th 981, 984, fn. 2.) A motion to strike is the proper vehicle Page 4 of 4 to attack a claim for punitive damages where facts alleged may not rise to the level of fraud, malice or oppression. Cal. Civ. Proc. Code §§ 435‐436; Truman v. Turning ...

Excerpt: ...defendant Wade Faerber. Plaintiff contends that Dr. Christian Daniel at California Institute for Men in Chino removed the shoulder immobilizer two days after surgery, instead of the required six weeks. The result of the early removal was a series of dislocations, beginning in 2017 until the implant fractured and fell apart. Plaintiff alleges that due to the medical negligence and lackadaisical attitude of the doctors and representatives of CDCR, ...

Excerpt: ...from a limited to an unlimited action. CCP § 403.040(b) provides that a party may file a motion for reclassification after the initial pleading and response period, and the court shall grant the motion and order reclassification if “(1) [t]he case is incorrectly classified[; and] (2) the moving party shows good cause for not seeking reclassification earlier.” A motion to reclassify a limited civil case as an unlimited civil case must be gran...

Excerpt: ... July 31, 2021). (Han Decl., ¶¶ 18, 56.) Under the terms of the Settlement, Defendant agrees to pay the Gross Settlement Amount (“GSA”) of $187,000. (Settlement, ¶ 5.) The Net Settlement Amount (“NSA”), which is estimated to be $69,050, is determined by subtracting the following from the GSA: attorney fees ($65,450); litigation costs ($20,000); settlement administration costs ($7,500)2 ; Service Awards to Class Representatives ($15,000...

Excerpt: ...sel. After this has been corrected, preliminary approval will provisionally be granted. Set for hearing March 25, 2022. Analysis: The Class includes all current and former hourly employees employed by Defendant in California between August 15, 2016 and July 31, 2021. (Settlement, ¶ 1; Proposed Order, ¶ 3.) There are approximately 46 Class Members (and approximately 32 aggrieved employees employed during the applicable PAGA period, July 14, 2020...

Excerpt: ...2.) A motion to strike may be brought to strike the portion of a pleading on the grounds that the pleading contains irrelevant, false, or improper matter. (Code Civ. Proc., §436(a), italics added.) “Irrelevant matter” as used in section 436 for a motion to strike shares the same meaning as “immaterial allegation” as defined by section 431.10. (Code Civ. Proc., §431.10(c).) The Code defines “immaterial allegation” as one of the follo...

Excerpt: ...iff's prima facie case is lacking or that the adverse employment action was based upon legitimate, nondiscriminatory factors.” (Hicks v. KNTV Television, Inc. (2008) 160 Cal.App.4th 994, 1003.) “If the employer meets its initial burden in this manner, the plaintiff then has the burden to produce ‘substantial evidence that the employer's stated nondiscriminatory reason for the adverse action was untrue or pretextual, or evidence the employer...

Excerpt: ...en it comes to education the courts “have been reluctant to apply contract law to general promises or expectations. [Citation.] Courts have, however, not been hesitant to apply contract law when the educational institution makes a specific promise to provide an educational service, such as a failure to offer any classes or a failure to deliver a promised number of hours of instruction.” (Kashmiri v. Regents of University of California (2007) ...

Excerpt: ...k update because the 2/2/22 minute order references a supplemental brief. Plaintiffs' counsel filed a supplemental declaration on 1/13/22, to which he attaches a copy of Ngo v. BMW of North America, LLC (9th Cir. 2022) 23 F.4th 942 (Ngo). This 9th Circuit case agrees with plaintiff's argument that arbitration cannot be compelled if the dealer is not a party. In the context of this workup, though, Ngo adds nothing to the discussion below and is ju...

Excerpt: ...�FAC”) on January 20, 2022 against, among others, defendants Nicolas Perez (“Perez”), Greater Riverside Hispanic Chamber of Commerce, Inc. (“GRHCC”), California Hispanic Chambers of Commerce (“CHCC”), Sal Ayala (“Ayala”), Carmen Lainez (“Lainez”), and Liza Sosa (“Sosa”).1 The FAC sets forth sixteen causes of action arising out of the alleged sexual harassment of Plaintiffs during an event hosts by GRHCC. Plaintiffs alleg...

Excerpt: ...d and that the co‐trustees managed the personal and financial affairs of their mother, Veva, including Veva' s direct care needs ( Complaint ¶ 9) Plaintiff alleges that Rod interviewed and hired Plaintiff to care for Veva on 9/23/16 and that Defendant at some unspecified time thereafter promised to provide Plaintiff with free room and board and to pay the Plaintiff a salary in an unspecified amount to care for Veva. (Complaint ¶¶ 10 & 17); P...

Excerpt: ...lo as to Request for Admission No. 9; 3. GRANT Plaintiff's Motion to Compel Further Responses from Defendant, Crystal Badillo to Form Interrogatory No. 17.1 as it relates to Requests for Admission Nos. 4 and 9; 4. GRANT Plaintiff's Motion to Compel Further Responses from Defendant, Crystal Badillo to Special Interrogatory Nos. 4‐6, 10‐11, and 29‐30; 5. Monetary sanctions are imposed against Defendant, Crystal Badillo, and her counsel in the...

Excerpt: ... they are not reasonably particularized as required for a statutory claim. Defendant is incorrect. Plaintiff alleges that defendant Greenfield “physically and mentally abused” plaintiff and “[o]n May 23, 2019, …Greenfield battered Roe.” (FAC, ¶¶ 1, 21‐22.) Further, plaintiff alleges that Greenfield “forced plaintiff into physical restraints, slapped him, pulled his hair, and verbally chastised him.” The allegations are reasonabl...

Excerpt: ...to April 4, 2022, 8:30 a.m. in this department. Guidelines for a motion for preliminary approval of class action settlement is contained in the court 9/22/20 class action case management order (CMO). It appears some of the areas listed in the CMO still need attention. Complete responses should be provided as follows: section H.3.a.ii(b) requires an explanation of how the estimate of total amount of damages or penalties or other relief that the cl...

Excerpt: ...§ 2924 et seq., as reflected in the Trustee's Deed Upon Sale; and (2) Plaintiff's remedy in the Unlimited Action is limited to money damages under Cal. Civ. Code § 2924.12. Breckenridge argues that if the court is inclined to grant relief, it should be conditioned upon Mora's deposit of holdover damages calculated at $43.67, the reasonable rental rate of the Property, as well upon future monthly deposits. In unlawful detainer proceedings, ordin...

Excerpt: ...petitioner contends that the DA wrongfully denied the petitioner's request, and seeks a writ of mandate directing the DA to release the records requested. The DA answered the petition on 2‐ 18‐21. On 1/19/21, the Court had established a briefing schedule requiring an opening brief by 5/5/21, a responsive brief by 6/4/21, and a reply brief by 6/24/21. However, the petitioner never filed anything denominated as his opening brief. Instead, on 4/...

Excerpt: ...remises and who has the power to remedy the condition (i.e., by removal of the animal or eviction of the tenant) may be liable to third persons injured by the animal. (Uccello v. Laudenslayer (1975) 44 Cal.App.3d 504, 514; Donchin v. Guerrero (1995) 34 Cal.App.4th 1832, 1838‐ 1839; Yuzon v. Collins (2004) 116 Cal.App.4th 149, 163.) “The general duty of care owed by a landowner in the management of his or her property is attenuated when the pr...

Excerpt: ...e following: CMO ¶H.3.a: Counsel estimates a range of $5.00‐$680, but does not provide an average. (Aiwazian Decl. ¶23.) CMO ¶H.3.b: There is no declaration from defendant's counsel. It appears a document was rejected by the clerk's office on 12/6/21. CMO ¶H.3.d: Contrary to the representation in the compliance chart, Aiwazian does not state if there was competitive bidding. (Aiwazian Decl. ¶15.) Nor is there a declaration from the propose...

Excerpt: ...nd VTSquared is sustained in part and overruled in part. Specifically, it is sustained as to both defendants as to the first through fourth causes of action, and as to VTSquared as to the seventh cause of action and otherwise overruled. The plaintiff is granted 21 days' leave to amend. Analysis: The defendants' assertion that the plaintiff is seeking to enforce the Consent Judgment is incorrect. At most, plaintiff uses the Consent Judgment to sup...

Excerpt: ...ximum recovery, counsel appears to include damages for causes of action not included in the FAC. (See Han Decl., ¶¶ 41‐44 [paystub violations]; 45‐49 [failure to pay final wages]; 50‐52 [failure to reimburse necessary business expenses].) While those claims provide bases for the claim for PAGA penalties, counsel calculates PAGA penalties separately. (Han Decl., ¶¶ 53‐56.) Thus, it appears that the estimate potential recovery is overst...

Excerpt: ...l within that statute of limitation. An unlawful employment action “is a continuing violation if the employer's unlawful actions are (1) sufficiently similar in kind…; (2) have occurred with reasonable frequency; (3) and have not acquired a degree of permanence.” (Richards v. CH2M Hill, Inc. (2001) 26 Cal.4th 798, 823; see Birschetein v. New United Motor Mfg., Inc. (2001) 92 Cal.App.4th 994, 1003.) “A continuing violation may be establish...

Excerpt: ...ords to gratify private spite, promote public scandal, circulate libelous statements, or release trade secrets.” The amount the defendants have agreed to pay is not a trade secret. Nor is there any showing that revelation of the information in court records “would interfere with the party's ability to effectively compete in the marketplace.” Indeed, the sole declaration submitted in support of the motion is absolutely silent as to the poten...

Excerpt: ...AA and JAMS. The applicable arbitration provision provides that “arbitration shall be filed with, and administered by, the American Arbitration Association (‘AAA') or JAMS under their respective rules and procedures.” (Declaration of William Floratos, ¶ 17, Ex. 14 [Declaration of Justin Lyon, Ex. 405].) Thus, a claim can be adjudicated in either AAA or JAMS. The circumstances here suggest substantial justice will be achieved if the cases a...

Excerpt: ...ent In response to the Separate Statement, Plaintiff purports to dispute thirteen of the twenty proffered factual statements. (See RSSUMF, ¶¶ 5‐7, 9‐17, 20.) The responses, however, consist of lengthy argument and recitation of factual details, as well as dozens of citations to evidence unrelated to whether the fact is actually disputed. For example, in response to the proffered statement that the District never received any complaint or re...