Excerpt: ...lodestar enhancement. They argue costs are unreasonable. Decline to rule on plaintiff's evidentiary objections because the evidence was not the basis of the Court's ruling. Grant motion; award attorney fees of The rates charged are reasonable, but there was no need for the number of attorneys who billed time to this case to have worked on the case and this almost certainly resulted in unnecessary time being spent. The Court declines to apply a mu...

Excerpt: ... the complaint, stipulated order and the first amended complaint as requested by Staffmark. The Court takes judicial notice of its rulings in Alfaro and Cezarez, which, it notes, involves different parties and facts and are not binding in this case. As to the unpublished appellate decision in Seifu v. Lyft (2022) 2021 WL 2705285, the request is granted. Plaintiff argues that the arbitration agreement with Staffmark is unconscionable. The doctrine...

Excerpt: ..., 2023. After repeatedly attempting to serve Higuchi, service was completed on January 4, even though Higuchi stated to the process server "I'm not going to take the subpoena, so you can just go away, I'm not taking it." Of course, this is not a lawful option, and when the process server told Higuchi he was served and slipped the subpoena under his door, service was complete. Higuchi did not appear for the deposition and plaintiff moves to compel...

Excerpt: ...y attempting to serve Higuchi, service was completed on January 4, even though Higuchi stated to the process server "I'm not going to take the subpoena, so you can just go away, I'm not taking it." Of course, this is not a lawful option, and when the process server told Higuchi he was served and slip#d the under his door, service was complete. Higuchi did not appear for the deposition and plaintiff moves to compel his attendance and requests sanc...

Excerpt: ...12955(c)(6). The agreement provides that the arbitrator can award attorneys' fees and costs to the prevailing party as allowed by law. (Arbitration Agreement, '1 6.) As such, a prevailing party in a FEHA claim can obtain attorney's fees under the arbitration agreement. unconscionability has both procedural and substantive elements. Both are necessary for an agreement to be found unconscionable. Armendariz v. Foundation Health Psychcare Services, ...

Excerpt: ...service bulletins, which make the second cause of action uncertain. To be uncertain, the FAC would have to be so unclear as to make it so that defendant could not reasonably determine what issues must be admitted or denied or what claims are asserted against it. Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 516. The FAC is not so uncertain, so the demurrer on this basis is overruled. A duty to disclose arises under four circumst...

Excerpt: ... legal right to park on private property without the property owner's consent. The Bane Act, California Civil Code section 52.1(b), provides: "If a person or persons, whether or not acting under color of law, interferes by threats, intimidation, or coercion with the exercise or enjoyment by any individual or individuals of rights secured by the Constitution or laws of the United States, or of the rights secured by the Consttution or laws of this ...

Excerpt: ...rder requiring that, pursuant to California Code of Civil Procedure section 2030.090, she be required to disclose her identity and respond to this interrogatory "only on specified terms and conditions," namely that defendants and their owners, representatives, agents, and employees be prohibited from harassing or contacting plaintiff and her family members (other than through plaintiff's counsel) during the pendency of this litigation. Plaintiff ...

Excerpt: ... Agreement. The Court declines to rule on defendant's objection because the matters to which objection is made are not material to the analysis and decision on the motion. Objections not ruled upon by the trial court are presumed overruled and preserved for appellate review. (See Reid v. Google, Inc. (2010) 50 Cal.4th 512, 532 [summary judgment motions].) The Court takes judicial notice of Page 4 of 4 the matters requested but notes that this doe...

Excerpt: ... the default and the order granting terminating sanctions. They claim that plaintiff did not give them proper notice of the moton and that the order for terminating sanctions was obtained through intrinsic fraud. Further, they assert that they now have completed the discovery response and will serve them. In general, "[t]he trial court has broad discretion to vacate the judgment and/or the clerk's entry of default that preceded it. However, that ...

Excerpt: ...collision at issue in this case pursuant to California Vehicle Code sections 17004 and 17004.7, and California Government Code section 815.2(b), because prior to the date of the collision, the City had adopted, promulgated, and trained upon a pursuit policy that satisfies the requirements found in section 17004.7, and Offcer Stokes was in compliance with the training requirements thereto. According to defendants, Officer Stokes was in actve pursu...

Excerpt: ..., defendant moved for judgment on the pleadings and the Court granted the moton with 20 days leave to amend. The FAC was filed and defendant again moves for judgment on the pleadings. Defendant contends that the vehicle was a used vehicle, so it is entitled to judgment on the three causes of action under the Act, and that the fourth cause of action still fails to sufficiently allege fraudulent concealment. Plaintiffs argue that the Court should n...

Excerpt: ...-complaint. Generally, the court generally will not consider the validity of the proposed pleading. Kittredge Sports Co. v. Sup. Ct. (1989) 213 Cal. App. 3d 1045, 1047. After the amendment is permitted, the opposing party has the opportunity to attack the validity of the amended pleading. ld. at 1048. It is only where the proposed amendment is deficient as a matter of law, and there is no cure for the deficiency, where the court may consider and ...

Excerpt: ...bmitted by plaintiff. Objections 1 and 2 to plaintiff's declaration are sustained. Objections 1 to 15 to the Ziernicki declaration are sustained because the opinions lack foundation, are speculative and the expert fails to disclose the basis of the opinion. The court declines to rule on the remaining objections because they are not material to the disposition of the motion. Cal. Civ. Proc. Code S 437c(q). The elements of strict products liability...

Excerpt: ...ore Defendants had a chance to retain counsel. Defendants assert that despite explaining their mistakes, plaintiff refused to stipulate to set aside the default. Defendants argue that there is no prejudice to plaintiff in granting this motion; that there was minimal delay in filing this motion; and, that if it is not granted, they face a $1.46 million judgment without being able to defend themselves on the merits. Plaintiff opposes the motion arg...

Excerpt: ...ond Amended Complaint (the operative complaint), filed on July 26, 2021, against Life Care Centers of America, Inc. dba Life Care Center of Menifee; Roger Groves, KND Development 54, LLC dba Kindred Hospital of Riverside ("Kindred Riverside"); Kindred Healthcare Operating, LLC ("KHO"); Silverscreen Healthcare, Ind. Dba Asistencia Villa Rehabilitation and Care Center; Renew Health Consulting Services, LLC; Crystal Solorzano; Shawn Stallworth, a No...

Excerpt: ...sputed facts show they did not breach any duty owed to Cano (the first cause of action for negligence) and did not make any material misrepresentations and further that Cano's failure to read the insurance policy makes his reliance on any alleged misrepresentations unreasonable as a matter of law. Take judicial notice as requested by moving parties. Deny motion for summary judgment/adjudication. Cano or his assignee is not seeking to recover agai...

Excerpt: ...party bears the burden of proving the existence of a valid arbitration agreement, which can be met by attaching a copy of the agreement. Ruiz v. Moss Bros. Auto Group, Inc. (2014) 232 Cal.App.4th 836, 842. The burden then shifts to the opposing party to prove any defense. Pinnacle Museum Tower Assn. v. Pinnacle Market Development (US), LLC (2015) 55 Cal.4th 223, 236. “In these summary proceedings, the trial court sits as a trier of fact, weighi...

Excerpt: ...lier. Gilberd v. AC Transit (1995) 32 Cal.App.4th 1494, 1500. The burden is comparable to that of a party seeking a new trial on the ground of newly discovered evidence; that is, the information must be such that the moving party could not with reasonable diligence have discovered or produced it at trial. New York Times Co. v. Sup. Ct. (2005) 135 Cal.App.4th 206, 212–13. The party seeking reconsideration “shall state by affidavit what applica...

Excerpt: ...d Titus v. Columbia Riverside, Inc., et al.; CVRI 2200690.) Plaintiff argues that there is no basis to stay or abate the present action; that it should proceed until one of the other actions is resolved. A special demurrer under California Code of Civil Procedure section 430.10(c) lies where “there is another action pending between the same parties on the same cause of action.” Where a demurrer is sustained on the ground of another action pen...

Excerpt: ...whether counsel is aware of any class, representative or other collective action in any other court or jurisdiction that asserts similar claims to those in this case. CMO ¶ G(3)(b). 3. Settlement agreement provides for cy pres distribution if uncashed checks total less than $20,000. Parties selected Childrens' Advocacy Institute, a non-profit charity that advocates for children. However, the motion does not “explain the reason for choosing the...

Excerpt: ... is required, without alleging and proving that he or she was a duly licensed contractor at all times during the performance of the act or contract. Cal. Bus. & Prof. Code §7031. Persons engaged in business or acting in capacity of contractor cannot maintain an action in both “law or equity” to collect for compensation for services requiring license without showing that he or she was duly licensed when the services were performed. Contractor...

Excerpt: ... complaint as requested by Nissan North America. Plaintiffs' objection to the Retail Installment Sales Contract is overruled. On a motion to compel arbitration, the moving party is only required to allege the existence of the agreement and to attach a copy of it. Cal. R. of Ct. 3.1330, Condee v. Longwood Mgmt. Corp. (2001) 88 Cal.App.4th 215, 218-19. This shifts the burden to the opposing party to demonstrate the falsity of the purported agreemen...

Excerpt: ...ld be entitled to records dating back to April 6, 2019 instead of July 31, 2019 (one year from the filing of the complaint). (The parties appear to agree that the PAGA period is May 19, 2019 through the present.) Plaintiff further argues that the disagreement over the correct time period goes to the merits of the claims, which should not preclude an order requiring defendant to comply with the discovery demands. Plaintiff further seeks an order c...

Excerpt: ...actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” In the present case, there is no dispute that Plaintiffs are the prevailing parties in the action and are entitled to reasonable attorney fees. Thus, the only question to be determined by this motion is the amount of the award. The California Supreme Court has indicated that attorney fe...