Excerpt: ... 2014 and 2015 baseball seasons. Plaintiff alleges causes of action for, among other things, race discrimination and harassment, retaliation, wrongful termination, failure to pay wages, and failure to provide meal and rest periods. As it relates to Defendants Metz and the D‐backs, Plaintiff alleged causes of action for aiding and abetting FEHA violations, violation of the Ralph Civil Rights Act and Unfair Business Practices. Metz and the D‐Ba...

Excerpt: ...ed that all documents were served. The Court, in an abundance of caution, continued the matter for Plaintiff to serve the motion with all the papers. It also provided Plaintiff an additional opportunity to serve an opposition. Defendants complied with the Court's order. Plaintiff did not file another opposition. This is an action for breach of contract, negligence, and claim against contractor's bond. Plaintiffs named Mateush and West Coast Const...

Excerpt: ...11” sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation. Overview Plaintiff Maria Liverett (“Liverett”) and Cross‐Complainants are in the horse training industry. Liverett operates Ria Ranch Horsemanship which trains people to ride and understand horses. Cross‐Complainants run horsemanship clinics around the United States. Cross‐Complainants offer to train others to be trainers...

Excerpt: ...ento and suffered personal injuries. Defendant Pacific Bell filed its answer on August 25, 2017. Defendant moves for summary judgment on the sole bases that the alleged defect is trivial, was open and obvious, and that it had no notice of a dangerous condition. Any party may move for summary judgment in any action or proceeding if the party contends that (1) the action or proceeding has no merit or (2) there is no defense to the action or proceed...

Excerpt: ...mages with prejudgment interest under Civil Code section 3287 and any other provision of law providing for prejudgment interest.” (Compl. ¶56.) Defendant now moves to strike this claim for prejudgement interest from the Complaint, on the grounds that prejudgment interest cannot be recovered against public entities or public employees acting within the scope of their employment, where the plaintiff seeks damages for personal injuries. (Cal. Civ...

Excerpt: ...cts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest. (CRC Rule 2.550 (d). Here, Exhibits A a...

Excerpt: ... or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” Defendant and self‐represented plaintiff Lauren Luo (“Plaintiff”) entered into a Stipulation for Settlement (the “Set...

Excerpt: ...ur provisions by Defendant Flyers Transportation, LLC and Flyers Energy, LLC (“Defendant”). The Court signed the order granting Plaintiffs' motion for preliminary approval of class action settlement on September 3, 2019. Now, Plaintiffs' seek final approval of the settlement, the terms of which have not changed since the preliminary approval. For purposes of settlement, the Settlement Class is defined as: All persons who are currently employe...

Excerpt: ...imitations pursuant to Code of Civil Procedure section 338; (2) Plaintiff does not plead specific facts required to state and support exceptions to the statute of limitations; (3) Plaintiff does not specifically plead the facts of the alleged fraudulent inducement by concealment; and (4) Plaintiff does not plead facts or damages that would except his fraud claim from the restriction of the economic loss rule which would limit his claims to contra...

Excerpt: ...15, and 1 7; and portions of Exhibits 7, 16, 18, 22, and 26, under seal. On March 28, 2018, Liberty and CFR entered into a protective order, signed by the arbitrator, to protect economically sensitive information, that, if disclosed to the parties' competitors, has the potential to cause significant financial harm. (See Declaration of Josh H.Escovedo ("Escovedo Decl."), ¶ 2, Ex. " A . " ) CFR and Liberty designated the Amended and Restated Licen...

Excerpt: ...on under Bus. & Prof.Code § 17200. Cal TD is the foreclosure trustee. [Complaint ¶ 5] Plaintiffs allege that moving Defendant "wrongfully withheld funds from Plaintiff after the nonjudicial foreclose sale was completed. [Compl., ¶51.] Plaintiffs claim that the amount of their loan was approximately $200,000, and that the property sold for $295,000 at the foreclosure auction. [Compl., ¶ 50.] In the section of the complaint entitled "Facts Pert...

Excerpt: ...endants California State Assembly (“Assembly”), Assembly Rules Committee (“Committee”), Assembly Speaker Rendon, Assemblywoman Garcia and Assemblywoman Quirk‐Silva's demurrer to the Complaint is ruled on as follows. The Court finds that a number of defendants' citations to legal authorities were incorrect and/or inaccurate, causing an unnecessary consumption of finite judicial resources. Counsel should in the future pay more attention t...

Excerpt: ...he plaintiff's objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants BMW of North America, LLC (“BMW NA”) and Niello Bavarian Automobiles, Inc. dba Niello BMW's (collectively “Defendants”) motion for summary judgment or alternatively, for summary adjudicati...

Excerpt: ...'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 in person or by telephone. Factual Background This action was commenced on 7/24/2019 by the Attorney General of California on behalf of the People of this state. The complaint generally alleges that defendant Move America Forward (“MAF”), identified as a...

Excerpt: ...y license agreement by failing to pay the full license fees owed for manufacturing fire‐roasted tomato products using CFR's licensed technology. CFR claimed Liberty used CFR's fire‐roasting technology and included liquid smoke or smoke additives for certain customers, but failed to pay the higher license fees in breach of the License and Consent Agreement. Liberty's request to file a counterclaim against CFR, asserted two days before the arbi...

Excerpt: ...kal's (“Plaintiff”) motion to compel Defendant FCA US LLC (“Defendant”) to: 1) produce for deposition a Person(s) Most Knowledgeable/Qualified (“PMK”) on ten disputed categories of testimony that were identified in Plaintiff's Second Amended Notice of Deposition, and 2) compel the production of documents responsive to seventeen requests for production of documents (“RFPs”) contained in the deposition notice is GRANTED in part and ...

Excerpt: ...ling, tortious breach of the implied covenant of good faith and fair dealing and “bad faith” in connection with allegations that Defendant failed to honor a vehicle theft insurance contract. Plaintiff alleges that her vehicle was stolen and that Defendant improperly denied her claim under the insurance policy. Defendant moves for summary judgment/adjudication. This matter was previously set to be heard on September 5, 2019, but the Court gran...

Excerpt: ...l relationship), and negligent security. Defendants' separate statement of undisputed material facts filed in support of the motion does not comply with California Rules of Court, rule 3.1350, which states: “If summary adjudication is sought, whether separately or as an alternative to the motion for summary judgment, the specific cause[s] of action . . . must be stated specifically in the notice of motion and be repeated, verbatim, in the separ...

Excerpt: ... unable to contact opposing counsel prior to the hearing, moving counsel shall be available at the hearing, in person or by telephone, in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff's motion for summary judgment, or in the alternative summary adjudication, is DENIED as follows. This is a wage and hour class action in which Plaintiff alleges Defendant Elite HR Logistics, Inc. (“D...

Excerpt: ...at the hearing. 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. *** Defendant County of Sacramento's (“Defendant”) motion for summary judgment is DENIED on as follows. I. Request for Judicial Notice Defendant's request for judicial notice is unopposed and granted. Plaintiff's request for judicial notice is denied as the subject evidenc...

Excerpt: ... (1990) 220 Cal. App.3rd 1117, 1138.) Newberg on Class Actions (4th Ed.), the most authoritative treatise on class actions, discusses the process for approving the settlement of a class action. At § 11.24, “Procedure for Submitting Class Settlement for Approval,” Newberg describes the review at the preliminary stage as the submission by the parties of the essential terms of the agreement for informal review of the settlement papers by the Co...

Excerpt: ... and PAGA Representative Action Settlement is UNOPPOSED and is GRANTED. This is a putative class action for violations of Labor Code section 226, subdivision (a) (failure to provide employees with accurate itemized wage statements). Plaintiff alleges when he and Class Members were paid overtime wages, the wage statements issued by Defendant did not identify the applicable rate of pay for said overtime wages. Rather, the overtime rate was identifi...

Excerpt: ...uity loan to remodel her home. Mr. Green then retained control of the $100,000, supervised the remodel for a fee of $2500, but did not provide Plaintiff with any receipts. Plaintiff believes that the remodel cost $85,000, but she did not recover the remaining $15,000 from Mr. Green. Plaintiff further alleges that she then sold her home in May 2006. Plaintiff alleges that Mr. Green obtained an additional $39,000 from escrow from the sale of her ho...

Excerpt: ...ly 15 court days' notice. Monday, January 20, 2020 was a court holiday. Petitioners, however, did not object to the deficient service. Factual and Procedural Overview In September 2018, the Salvadors sold 51% of their ownership interest in real party in interest Off‐Spec Solutions, LLC (“OSS”) to petitioner Transportation Investors, LLC (“TIL”). OSS was formed by the Salvadors in Delaware but has its principal place of business in Idaho...

Excerpt: ...acquiring a Cynosure Sculpsure Laser System (the "Equipment"). Plaintiff filed this action on May 30, 2018, alleging three causes of action for (1) breach of Equipment Finance Agreement ("EFA"), (2) claim and delivery, and (3) conversion. During the litigation, Plaintiff obtained possession of the Equipment and has been attempting to sell it. Plaintiff then moved for summary judgment or, in the alternative, summary adjudication. On October 22, 20...