Excerpt: ...“Simply because information is on the Internet does not mean that it is not reasonably subject to dispute.” (Huitt v. Southern California Gas Co. (2010) 188 Cal.App.4th 1586, 1605, fn. 10.) The remainder of Defendant's request for judicial notice is granted. "[A] court may take judicial notice of the fact of a document's recordation, the date the document was recorded and executed, the parties to the transaction reflected in the recorded docu...

Excerpt: ...ction that will be addressed at the hearing. The parties are also reminded that pursuant to local Court rules, only limited oral argument is permitted on law and motion matters. *** Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This action arises out of plaintiffs Felina and Percival Roque's $500,000 investment in a cannabis cultivation business. Plaintiffs generally allege that the various named defendants ...

Excerpt: ... December 1, 2021 (ROA #76.) A copy of the proposed amended pleading is attached to the Motion as Exhibit A. The Motion describes 18 additions, deletions or other alterations, and is supported by the declaration of Plaintiffs' attorney Stratton S. Barbee (“Barbee Dec.”) explaining that the amendments are not based on new facts, and that the effect of the amendment is to set forth the facts supporting the complaint in a more clear and organize...

Excerpt: ... of Civil Procedure section 2032. Plaintiff opposes the motion and requests $2,492.50 in sanctions. The motion is ruled on as follows. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Defendants are ordered to notify Plaintiff immediately of the tentative ruling system and to be available at the hearing, via Zoom or CourtCall, in the event Plaintiff appears without following th...

Excerpt: ...ws. Defendants' request for judicial notice of a discovery referee order in another case, Rios v. Plum Healthcare Group, LLC; Daisy Holdings, LLC dba Pine Creek Care Center, Sacramento County Superior Court Case No. 34‐2018‐ 00244263 is DENIED. Even if the Court were to take judicial notice of the document, it would be to notice the existence of the document and not the truth of the contents therein. In this alleged elder abuse action, Plaint...

Excerpt: ...Court shall conduct a final approval hearing to inquire into the fairness of the proposed settlement. (Cal. R. Ct. 3.769(g).) A presumption of fairness exists where: (1) the settlement is reached through arm'slength bargaining; (2) investigation and discovery are sufficient to allow counsel and the court to act intelligently; (3) counsel is experienced in similar litigation; and (4) the percentage of objectors is small. (Newberg & Conte, Newberg ...

Excerpt: ...1/20/2019, Defendants served CCP §998 Offer in the amount of $156,001. Plaintiffs accepted the offer which included a full statutory “buy‐ back” of the vehicle, as well as other damages and penalties. Pursuant to Civ. Code §1790(d), Plaintiffs seek attorneys' fees under the “lodestar” method in the amount of $12,937.50, a “lodestar” enhancement of 0.5, in the amount of $6,468.75, for a total of $19,406.25 as the attorneys' fees, a...

Excerpt: ...tion to Interplead Penal Amount of Contractor's State License Bond And Bond Of Qualifying Individual. AIC alleges that it issued, “as surety, on behalf of James Peterson Industries, Inc. dba Solar 4 America (“PII”), as principal, a certain California Contractor's State License Bond No. SUR0022726 in the penal sum of Fifteen Thousand Dollars and No Cents ($15,000.00), pursuant to Business and Professions Code Sections 7071.5 ‐ 7071.11, eff...

Excerpt: ...uthorities” (“FAC MPAs”). The JC Form is merely the initial first three pages of the JC Form with no attachments that include the charging allegations. With respect to the paragraph 9 of the JC Form related to compliance with the claims statute, Plaintiff checked the box that he was excused from complying because “Plaintiff attempted to exhaust administrative remedies and was denied by prison officials when they failed to return the appea...

Excerpt: ...d numerous provisions of the Labor Code including §§ 201‐204, 218.5, 221, 226(a), 226.7, and more. Plaintiff alleges that Defendant failed to pay all meal and rest break wages, failed to properly calculate minimum and overtime wages, failed to provide compliant wage statements, failed to pay all wages due, caused employees to work seven consecutive days per week and failed to reimburse necessary business expenses. Defendant demurs to the comp...

Excerpt: ...rovisions of the Labor Code. The original complaint was filed on November 5, 2018 by Plaintiff Daniel Orosz, who is no longer a part of the action. Plaintiff Holly McElroen was added as a plaintiff on August 5, 2019. Plaintiffs Carla Gerling and Larrecia Edwards were added to the SAC on September 4, 2020. It is alleged that Plaintiff Orosz served a notice to the Labor and Workforce Development Agency (“LWDA”) pursuant to Labor Code § 2699.3 ...

Excerpt: ...as well as for an award of $3,648 in attorney fees and $435 in costs, is ruled upon as follows. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact opposing parties and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing, along with the correct address for Dept. 53/54. If moving counse...

Excerpt: ...b). This is Plaintiff's third attempt to reopen discovery. Plaintiff's first motion to reopen discovery was heard and denied on June 17, 2020. Plaintiff then moved to vacate that order pursuant to Code of Civil Procedure § 663, which the Court construed as a motion for reconsideration and denied on September 24, 2020. (ROA 416.) Plaintiff once again moves to vacate the Court's June 17, 2020, Order, but this time pursuant to Code of Civil Procedu...

Excerpt: ... of documents (set one) is ruled upon as follows. Plaintiff QBE alleges that its insured, Tara Goleno (“Goleno”), hired a contractor to remodel the kitchen in her home. As part of the remodeling job, the contractor installed a new dishwasher which connected and attached a Watts dishwasher adapter fitting to the new dishwasher. QBE alleges that on 12/14/2018, water loss from Watt's dishwasher adapter fitting caused water damage to the home and...

Excerpt: ...** Plaintiff Christopher Daneri's (“Plaintiff”) motion to compel further discovery responses from Specially Appearing Defendant LG Chem America Inc. (“LGCAI”) regarding jurisdictional discovery responses (set three), and to compel jurisdictional deposition is ruled upon as follows. LGCAI has a pending motion to quash service of summons and complaint due to lack of jurisdiction. The court has continued the motion a number of times to allow...

Excerpt: ...seq. (Private Attorneys General Act of 2004 [“PAGA”].) Plaintiffs allege that Defendant has violated numerous provisions of the Labor Code. The original complaint was filed on November 5, 2018 by Plaintiff Daniel Orosz, who is no longer a part of the action. Plaintiff Holly McElroen was added as a plaintiff on August 5, 2019. Plaintiffs Carla Gerling and Larrecia Edwards were added to the SAC on September 4, 2020. Motions to strike are disfav...

Excerpt: ...equest for judicial notice of documents in the Court's file is granted. In taking judicial notice of these documents, the Court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121 [“[W]hi...

Excerpt: ...quest for judicial notice of the Cross‐Complaint and First Amended CrossComplaint filed by Catalyst in this action is granted. At the outset, this motion also seeks multiple forms of relief regarding two separate forms of written discovery (special interrogatories and requests for production), each of which contemplates a separate motion. Instead of filing separate motions as to each separate form of discovery, which is preferred by the Court, ...

Excerpt: ...e mailing by the TPA of the letter to the class from Plaintiff's counsel; and (3) produce the documents to the TPA in the form requested by a date certain is GRANTED as follows. This class action asserts various causes of action against First American relating to alleged underpaid repair claims by applying improper depreciation. Due to her illness, Plaintiff is no longer able to serve as class representative and sought, by way of document request...

Excerpt: ...e heard on October 13, 2020. On that date, the Court denied the motion without prejudice for lack of proper notice because the separate statement and supporting declaration of Natalie L. Winslow were not field until September 29, 2020, which was only two weeks prior to the hearing. The Court found that Plaintiff may file an Amended Notice of Hearing rather than filing a new motion, after obtaining a new reservation date for the motion. (ROA 171.)...

Excerpt: ... 15, 2019. On October 15, 2019, defendants requested a continuance of the motions to January 31, 2020, upon the ground that the plaintiff's counsel requested additional time to complete depositions prior to filing an opposition, and that all parties agreed to the continuance. The motions for summary judgment and concurrent motion to seal exhibits were continued accordingly. On January 8, 2020, defendants' counsel again requested a continuance of ...

Excerpt: ...cluding benzene, acetone and hydrofluoric acid during her employment at California Professional Firefighters and Firefighters Print and Design (collectively “CPF”) between 1986 and July of 2019. Plaintiffs allege that products containing benzene, acetone and hydrofluoric acid were a causal factor of her illness. Seanne alleges that she was exposed to K.Wilson's products, which she alleges are benzene‐containing petroleum hydrocarbon solvent...

Excerpt: ...on behalf of all hourly or non‐exempt employees who worked for defendant Mel Dawson, Inc. dba Dawson Oil Company (“Defendant”) within California between March 5, 2016, through December 31, 2020. On December 11, 2020, Plaintiff filed his First Amended Complaint (“FAC”), which added a claim for civil penalties under the Private Attorney General Act (“PAGA”). Plaintiff alleges Defendant failed to pay minimum and overtime wages, failed ...

Excerpt: ...truction, and maintenance throughout California. (Melmed Decl. ¶ 5.) Plaintiff was employed by Defendants during the Class Period. (Melmed Decl. ¶ 6; Garcia Decl. ¶ 4.) The Class Period is defined as “September 15, 2016, through March 23, 2021, or the date of first preliminary approval hearing, whichever occurs first.” (Stipulated Settlement Agreement and Release of Claims (the “Settlement Agreement”) ¶ A.5.) Plaintiff's claims are ba...

Excerpt: ...ctors Dylan Eacret, Jonathan Merrit, and Jorge Chavez (collectively, the “Proposed Intervenors”) have opposed. The Proposed Intervenors have not yet been granted leave to intervene. Their Motion to Intervene is scheduled to be heard on January 22, 2021. Thus, at this time the Proposed Intervenors have no standing to insert themselves into this litigation. The Proposed Intervenors have also failed to cite to any legal authority that would allo...