Excerpt: ...otocopies of Exhibits (Item 12). Defendant argues that most of the exhibits were not used at trial (other than 30 pages worth $6), and the enlargements were unnecessary because the courtroom has an Elmo available to enlarge the exhibits for the jury, which Plaintiff used. Plaintiff argues that the costs were reasonably necessary to the litigation, that the models were used during the opening statement, and that she had no way of knowing an Elmo w...

Excerpt: ...action are notably brought on several distinct grounds/counts. CHA simply does not address each of the disputes and alleged breaches of the CC&Rs in its motion. Further, even if CHA was correct that long‐term funding obligations were effectively transferred to KH and/or that its obligations have not accrued under the CC&Rs, questions concerning CHA's alleged failure to maintain water quality basins and features within the community, its alleged...

Excerpt: ... trespass or conversion was actually adjudicated in the small claims proceedings. The small claims complaint indicates that Victoria Harkness (a non‐party) and Tony Harkness owed Plaintiff money for stopping payment after purchasing two dressers and a large mirror from Plaintiff. It indicates that they owed Plaintiff $100.00 for the dressers and mirror, $12.50 in bank fees, and $539.00 for fees she incurred regarding a Direct TV box from Nation...

Excerpt: ...d.”].) ...

Excerpt: ...an injury of sufficient magnitude to reasonably assure the relevant facts and issues will be adequately presented.” (City of Irvine v. Irvine Citizens Against Overdevelopment (1994) 25 Cal.App.4th 868, 874.) Where a party is trying to stop enforcement of a state law, he/she must show the invasion of a legally protected interest that is: concrete and particularized; and actual or imminent. (Cornelius v. Los Angeles County Metropolitan Transp. Au...

Excerpt: ...rrence. Further, because the County establishes that it is reasonably probable it will prevail on the merits, there is a rebuttable presumption that the potential harm to the public outweighs the potential harm to the defendants. (See City of Corona v. AMG Outdoor Advertising, Inc. (2016) 244 Cal.App.4th 291, 299.) Thus, because neither BPL nor Corral argues that they will suffer any harm through the issuance of a preliminary injunction, there is...

Excerpt: ... present sufficient evidence to show a reasonable probability of success. Indeed, plaintiff's opposition fails entirely to address and distinguish the applicable immunities that prevent him from meeting his burden on the second prong. Additionally, plaintiff's Page 2 of 2 memorandum of points and authorities in opposition to the motion reference exhibits but no such exhibits were attached. ...

Excerpt: ...equest for a flat fee without any attempt to explain the services rendered is not sufficient to support an award. (Id.) Counsel's original declaration filed with the moving papers merely states they divide the number of case files with the overhead. He provides no information as to how much time spent. Nor does he provide any authority that flat rate billing is sufficient to justify fees. Because moving parties failed to provide evidence to estab...

Excerpt: ...acle noted in its original opposition some of the work that was solely related to the contract claims. The Court notes other entries such as: (1) July 22, 2016 “Review and analysis re July 21, 2016 Pinnacle's response to Crawford discovery”; (2) August 21, 2016 “Review and analysis re August 17, 2016 letter re agreement re discovery and Crawford claim”; (3) November 11, 2016 “Review and analysis re November 8, 2016 letter from developer...

Excerpt: ...approve the requested amount. Similarly, without a detailed explanation of precisely what the investigation entailed, the Court is not inclined to approve that amount. Additionally, the Court is inclined to reduce any service award to plaintiffs to $5,000.00 ...

Excerpt: ...hat Mr. Perry has requested that the invoice be kept confidential. However, no evidence has been provided by Mr. Perry or the settlement administrator. There is no evidence supporting the assertion that this is proprietary information. Additionally, this information has already been made public. In connection with the motion for preliminary approval, a summary of costs was provided (this document was attached to Alan Vasquez's declaration). It in...

Excerpt: ... of the “recovery by the average class member” if the settlement is approved, as required by Section E.1.c, or the estimated high and low range, in the event that recovery varies, which it does. Similarly, the notice to class members provides no such information. (E.19) There is no statement from plaintiffs' attorney in compliance with section E.1.d. There is a declaration from defense counsel but it fails to state that counsel made a “reas...

Excerpt: ...pts to obtain preliminary approval. It appears the time spent preparing client for deposition may be excessive. The Court cannot determine how much time was spent for that activity because it is lumped in with time in connection with the mediation process. The Court requires further information on this activity. Additionally, counsel has not adequately explained why a 1.9 multiplier is reasonable. The Court needs further, more detailed informatio...

Excerpt: ...the potential environmental impacts. In light of the new petitions that have been filed challenging the new FEIR, there is no reason for this Court is continue to retain jurisdiction. To the extent respondent and real party wish to assert that certain challenges made in the new petitions are barred by res judicata, they will have the right to make those claims in those cases. ...

Excerpt: ... objective standard. (San Diegans for Open Government v. City of San Diego (2016) 247 Cal.App.4th 1306, 1318 (rejecting the requirement for also a subjective standard of bad faith as required in earlier statute).) The CLRA provides: “The court shall award court costs and attorney's fees to a prevailing plaintiff in litigation filed pursuant to this section. Reasonable attorney's fees may be awarded to a prevailing defendant upon a findi...

Excerpt: ...ly eligible for attorney fees.” (Id. at 566.) In order to obtain fees, the “plaintiff must establish that: (1) the lawsuit was a catalyst motivating the defendants to provide the primary relief sought; (2) that the lawsuit had merit and achieved its catalytic effect by threat of victory, not by dint of nuisance and threat of expense…; and, (3) that the plaintiffs reasonably attempted to settle the litigation prior to filing the lawsuit. (Ti...

Excerpt: ... under section 998.” (Meissner v. Paulson (1989) 212 Cal.App.3d 785, 791.) However, where there is a unity of interest among the parties, such that there is a single indivisible injury, the offer may be sufficient. (Peterson v. John Crane, Inc. (2007) 154 Cal.App.4th 498, 505.) The question is whether the Pinnacle entities have a unity of interest such that there is a single, indivisible injury. Quite frankly, Pinnacle's cross‐complaint fails...