Excerpt: ... a class action settlement, the Court is to determine whether the settlement is fair, reasonable and adequate, in light of all of the circumstances. ( California v. Levi Strauss & Co. (1986) 41 Cal.3d 460, 471; Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801.) The trial court has broad discretion to determine whether a proposed settlement in a class action is fair, adequate, and reasonable. ( Wershba v. Apple Computer (2001) 91 Cal.App.4t...

Excerpt: ...ct, et al. action is substantively unopposed and is ruled upon as follows. This is a consolidated construction indemnity and subrogation action arising from a fire. Request for Judicial Notice Cross‐Defendants' Request for Judicial Notice (“RJN”) is unopposed and 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 Tr...

Excerpt: ...ed” matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to adv...

Excerpt: ...ted on law and motion matters. *** The demurrer of defendant Liane Bender's (sued erroneously as Liane Sigl) demurrer to plaintiff in pro per's Second Amended Complaint (“2AC”) is UNOPPOSED and SUSTAINED without leave to amend, as follows. Factual Background This action arises out of the death of plaintiff's mother in November 2017 following her stay at two different medical facilities, Mercy San Juan Medical Center (“Mercy”) and Mission ...

Excerpt: ...841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk that it has notified the opposi...

Excerpt: ...ired” matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to a...

Excerpt: ....06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing. Moving counsel failed to comply with CRC Rule 3.1350(g), requiring a single volume of evidence (including declarations) with a table of contents when the evidence exceeds 25 pages. Overview This action concerns whether defendant USIC owes a...

Excerpt: ...he Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk th...

Excerpt: ...ument is requested, the parties are directed to notify the clerk and opposing counsel at the time of the request which of moving defendant's 23 Undisputed Material Facts, plaintiff's 33 Additional Material Facts and/or Hastie's six (6) Additional Material Facts will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence already in the record which is claimed to show the existence or non‐existence of...

Excerpt: ...nally set for hearing on 9/1/2020 but was continued to this date at the request of the Moving Parties to remedy Terra Aqua Builders, Inc.'s corporate suspension for failure to pay its taxes. It appearing that this corporation is now back in good standing, the Court now rules as follows. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). The proof of service attached to the moving papers fails to comply...

Excerpt: ...arance Required” matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice m...

Excerpt: ... “Appearance Required” matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a...

Excerpt: ...ent 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk that it has ...

Excerpt: ...“Appearance Required” matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a ...

Excerpt: ... Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk that...

Excerpt: ... Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk that...

Excerpt: ...oyees who worked for Defendant from December 27, 2014 to August 10, 2019, and, based on that stipulation, the Court has entered an order certifying the class. Plaintiffs allege that Defendant (1) failed to pay minimum wages for all hours worked, (2) failed to properly compensate for rest periods, and (3) failed to provide accurate wage statements. The parties have stipulated to file cross motions for summary adjudication regarding the legality of...

Excerpt: ...ment 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk that it has...

Excerpt: ...e Required” matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice messag...

Excerpt: ...intiff also asks the Court to order Defendant's default to be entered, and to award monetary sanctions in the amount of $935.00. Plaintiff brings the instant motion only after this Court entered its order of July 21, 2020, requiring Defendant to serve written responses to Plaintiff's First Set of Form Interrogatories, Special Interrogatories, and Requests for Production of Documents . On the same date, the Court deemed admitted Plaintiff's outsta...

Excerpt: ... addressed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants Overlook at Blue Ravine, LLC (“Overlook”) and Realty Center Management, Inc.'s (“RCMI”) (collectively “Defendants”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Overview This is a per...

Excerpt: ...t is to determine whether the settlement is fair, reasonable and adequate, in light of all of the circumstances. ( California v. Levi Strauss & Co. (1986) 41 Cal.3d 460, 471; Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801.) The trial court has broad discretion to determine whether a proposed settlement in a class action is fair, adequate, and reasonable. ( Wershba v. Apple Computer (2001) 91 Cal.App.4th 224, 244, 245; Rebney v. Wells Far...

Excerpt: ...ional misrepresentation, negligent misrepresentation, and conversion. (FAC, p. 2.) However, the actual attachments contain causes of action for breach of contract, fraud, and intentional tort. Only the causes of action for fraud and intentional tort are asserted against Defendants. Each of the causes of action are supported by the same allegations of fact. In pertinent part, Plaintiff alleges he is a beneficiary of the Reynoso Trust (the “Trust...

Excerpt: ... 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk that it has not...

Excerpt: ...t 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk that it has no...