Excerpt: ... Fargo Bank (1990) 220 Cal. App. 3rd 1117, 1138.) The law favors settlement, particularly in class actions and other complex cases where substantial resources can be conserved by avoiding the time, cost, and rigors of formal litigation. (See Newberg on Class Actions 4th (4th ed. 2002) § 11.41 (and cases cited therein); Class Plaintiffs v. City of Seattle (9th Cir. 1992) 955 F.2d 1268, 1276; Van Bronkhorst v. Safeco Corp. (9th Cir. 1976) 529 F.2d...

Excerpt: ... Kia moves to strike punitive damages and the request for Civil Penalties in connection with the Third Cause of Action. Kia argues that punitive damages are not available under the Song‐Beverly or Magnuson Moss Acts. Kia also argues that the fraud cause of action cannot support punitive damages because the fraud claim is insufficiently pled as argued in its demurrer and thus there is no basis for punitive damages. However, since the Court has c...

Excerpt: ...to a demurrer no later than the date the opposition to the demurrer is due. (CCP § 472(a).) The opposition was due on August 27, 2018 and no stipulation has been presented to the Court. The Court therefore strikes the first amended complaint filed on August 31, 2018, on its own motion. The Clerk is directed to strike the first amended cross‐complaint. Defendant's request for judicial notice is granted. In this employment action Plaintiff alleg...

Excerpt: ...D. CSG's Request for Judicial Notice (“RJN”), which attaches prior court filings in this action (Exhs. A‐C), is unopposed and is GRANTED. Code of Civil Procedure §§ 1209 et seq. provides this Court with the power to punish acts which are in “disobedience of any lawful . . . order of the court.” (Code Civ. Proc. § 1209(a)(5); see also Pacific Telephone and Telegraph Co. vs. Sup. Ct. (1968) 265 Cal.App.2d 370 (section 1209 contempt pro...

Excerpt: ...��The pecuniary value of the decedent's society, comfort and protection is recoverable, but mental and emotional distress, including grief and sorrow, are not”].) The motion of Defendants Sy Arden Way, LLC; Syufy Enterprises; SyWest Development LLC; SyWest Holdings, LLC; and Arden Way Hospitality LLC dba Motel 6 Expo Sacramento (sued as Arden Way Hospitality SPE, LLC and Motel 6‐CAL EXPO #4430) (collectively “Defendants”) to enforce s...

Excerpt: ...ong others, a cause of action for failure to pay overtime wages. It also contains a PAGA claim for civil penalties. The document requests currently at issue read: REQUEST FOR PRODUCTION NO. 1: Please produce, in electronic, Microsoft Excel spreadsheet format, all payroll records for the CLASS MEMBERS during the RELEVANT TIME PERIOD with anonymous numerical identifiers to protect privacy interests and the redaction of all personal information incl...

Excerpt: ...ts including open book and account stated. This matter was originally set for trial on July 6, 2018. On June 12, 2018, Judge De Alba granted Wells Fargo's Ex Parte Application to Continue Trial, and set August 24, 2019 as the new trial date. (Register of Actions (“ROA”) No. 17, 24‐25.) Defendant Maria Mejia (“Defendant” or “Mejia”) filed an Answer styled as a “General Denial” on May 17, 2017. On January 17, 2018, the Court grant...

Excerpt: ...a Rockholt's (“Plaintiff”) Second Amended Complaint (“SAC”) is OVERRULED. This is an employment dispute wherein Plaintiff alleges wrongful termination in violation of public policy, wage and hour claims, unfair competition, and negligent supervision. The SAC includes an Eleventh Cause of Action seeking remedies under the Private Attorney General Act [PAGA]. (SAC at 27‐29.) Plaintiff alleges that she worked for Defendants between March 2...

Excerpt: ...e), as well as common counts for account stated and book account. ( See generally, Complaint (Register of Actions (“ROA”) 1.) The allegedly‐breached Promissory Note is attached as Exhibit A to the Complaint. The Promissory Note is dated September 5, 2012, and reflects in part that for “value received,” Plaintiff loaned Defendants a lump sum of $145,000.00, to be “repaid in 144 consecutive monthly installments of interest only on the f...

Excerpt: ...��(4). The declaration in opposition was not signed under penalty of perjury under the laws of the State of California, as required by Code of Civil Procedure §2015.5. The proof of service for the opposition papers fail to state the "exact title" of each document being served. Although defendant contends that plaintiffs failed to provide discovery responses pursuant to defendant's earlier motion to compel, it appears that plaintiffs did ...

Excerpt: ...urants throughout Northern California, from October 2016 through August 2017 as a non‐exempt employee. Plaintiff filed his action on November 20, 2017, alleging a single claim under the California Labor Code Private Attorneys General Act of 2004 (“PAGA”). Plaintiff asserts claims for failure to provide legally complaint meal and rest periods, failure to issue complete wage statements, failure to pay all wages due and owing upon separation o...

Excerpt: ...n accordance with Code of Civil Procedure §1290.6 [response to petition to compel arbitration due within 10 days after service of petition] but was nevertheless considered. Although Code of Civil Procedure §1290 et seq. does not expressly permit “reply” briefs such as the one filed by OGS, it was considered. Factual Background This putative class action was filed on 4/17/2018 by plaintiff Wilson, alleging a variety of violations of the Labo...

Excerpt: ...ion for negligence, breach of implied warranty of habitability, negligent maintenance of premises, maintenance of a nuisances, and wrongful eviction, all relating to a substandard four‐plex residential rental unit. Plaintiffs mail‐served each defendant with their first set of written discovery on March 14, 2018. Defendants served response on April 17, 2018, which consisted of objections in response to each discovery request. During the meet a...

Excerpt: ...Sacramento, California (the “Jefferson Property"). Plaintiff filed his complaint for “preliminary and permanent injunctions, and for damages” on June 7, 2018. Plaintiff alleges Defendants failed to pay him for the services he rendered in connection with the Jefferson Property. Defendants now move to compel arbitration pursuant to the terms of a General Partnership Agreement entered into by and between Plaintiff, Defendants, and two othe...

Excerpt: ... Plaintiff served the subject discovery on Defendant on February 9, 2018. After receiving a 30 day extension of time to respond, Defendant provided unverified responses on April 16, 2018. “Unsworn responses are tantamount to no responses at all." (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636.) Plaintiff requested verifications from Defendant on April 25, 2018, and again on July 10, 2018. At the time this motion was filed, Plain...

Excerpt: ...de of Civil Procedure §2033.220. (Code Civ. Proc. §2033.280(c).) (Although the opposition indicates defendant's responses to the requests for admissions "are being filed [sic] concurrently with this Opposition," none appear in the court's file and none are attached to the opposition.) The opposition to this motion was not timely filed but it was nevertheless considered. Plaintiffs' electronic service of the moving papers on ...

Excerpt: ...ion Code §§ 18670 and 18674 regarding Real Party In Interest Malcolm McKinney's outstanding tax liability in the amount of $837.77. On June 21, 2018, the District Attorney deposited the sum of $24,026.58 with this Court in response to the Franchise Tax Board's order to withhold. The Court clerk is instructed to disburse $837.77 of the amount deposited with the Court to the State of California Franchise Tax Board. The Court clerk is instructed t...

Excerpt: ...ments filed by respondents are therefore not being considered. Moreover, there is no legal basis set forth in the documents that would constitute a valid opposition to the petition. Therefore, the Petition is granted. Petitioner has filed a petition for Order Striking and Releasing Lien or Other Encumbrance on Property of Public Officer or Employee pursuant to CCP §§765.010‐ 765.060. CCP 765.010 provides in pertinent part: (b) A person shall ...

Excerpt: ...ntract, breach of fiduciary duty, elder financial abuse, and common counts. On December 7, 2016, Vorobets filed a Cross‐ Complaint against Espiritu, alleging two causes of action for (1) breach of contract, and (2) common counts. On January 23, 2018, Espiritu voluntarily dismissed his Complaint without prejudice in its entirety. After some further motion practice related to the dismissal, Espiritu ultimately filed his complaint as a separate ac...

Excerpt: ... Hawkins in exchange for $100,000 per year payable monthly. Defendant Vrame is the Managing Member of Defendant Conservation Resources, LLC. Plaintiff alleges a breach of contract and fraud claim. Plaintiff alleges that in January of 2012, he was hired by defendant Vrame as a consultant with CRLLC, earning $100,000 per year. In exchange for the payment of $ 100,000 per year, plaintiff was to provide consulting services on various projects under t...

Excerpt: ... that Defendant failed to fix the Engine Defects within a reasonable number of attempts or replace the Vehicle. Plaintiff alleges that Defendant's failures to comply with its obligations under the Song‐Beverly Act were willful, and that she is entitled to civil penalties. On December 28, 2017, Plaintiff served Defendant with RFP's (Set 1) and a meet‐andconfer letter regarding Electronically Stored Information (“ESI”). (Gi Decl. Exs. 5, 7....

Excerpt: ...f seeks damages for (1) past and future physical and mental suffering, (2) loss of enjoyment of life, (3) physical impairment, (4) inconvenience, (5) anxiety, and (6) emotional distress. (Compl. ¶8.) Plaintiff claims injury to various parts of her body, as well as memory loss, confusion, anxiety, irritability, inability to concentrate, insomnia, fatigue, sensitivity to light and noise, forgetfulness, mental fogginess, decreased cognitive ability...

Excerpt: ...ive for certain banned substances after taking a dietary supplement called Dexaprine XR. Defendants' motion for summary judgment is DENIED; their alternative motion for summary adjudication is GRANTED in part, and DENIED in part, as follows. Request for Judicial Notice Defendants' request for judicial notice is unopposed and granted. Plaintiff asks the Court to take judicial notice of three documents: (1) a criminal indictment, (2) a verified com...

Excerpt: ...mmary judgment or summary adjudication may demonstrate that the plaintiff's cause of action has no merit by showing that (1) one or more elements of the cause of action cannot be established, or (2) there is a complete defense to that cause of action. (Code Civ. Proc. § 437c(f)(2), (p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843, 849.) This showing must be supported by evidence, such as affidavits, declarations, admissio...

Excerpt: ... “admits that all of the statements of the complaint [] are true,” except defendant states, “I had tried settling multiple times with loan me company.” (ROA 10.) Defendant's answer does not assert any affirmative defenses. On April 9, 2018, plaintiff filed a motion for judgment on the pleadings, arguing that the answer fails to set forth any facts that constitute a defense to the complaint. On May 8, 2018, the Court granted the motion wit...