Excerpt: ...mine whether a proposed settlement in a class action is fair. (Rebney v. Wells 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)...

Excerpt: ...essed and used his medical records in connection with their divorce and child custody proceedings. This Court previously granted Defendant's motion for summary judgment but that order was reversed by the Third District Court of Appeal as to the causes of action for invasion of privacy and IIED. Plaintiff is not claiming any bodily injury in this action though he does allege that experienced significant emotional distress as a result of the use of...

Excerpt: ...ENIED IN PART as follows. Background This litigation arises from a business dispute in which Plaintiffs Ericson Real Estate LLC, Chris MacPhail, and Dorothy MacPhail (“Plaintiffs”) allege that Defendants 3 Point Real Estate & Construction, Inc. (“3 Point”) and Chris MacPhail (“Chris”) took profits belonging to the partnership. According to Plaintiffs' Third Amended Complaint, Plaintiff Scott Ericson (“Scott”) met Chris and his wif...

Excerpt: ...Defendant then filed an Answer. Attached to the Declaration of Hanna Kerfan (“Kerfan Decl.”) as Exhibit "2" are Defendant's Responses to Plaintiff's Request for Admissions (“RFAs”). Plaintiff asserts that “In response to the Request for Admissions, Defendant implicitly admitted they were issued the Credit Card in question and directly admitted that they were the only person to use the credit card in question. Furthermore, Defendant admi...

Excerpt: ... investment property. Now that they are no longer in a relationship, each disputes the other's interest(s) in that investment property. (Compare Compl. with Cross‐Compl.) Plaintiff Christopher Steele initiated this action when he filed his verified complaint on September 27, 2019, alleging a cause of action for partition by sale of real property and a cause of action for accounting. According to Plaintiff's Complaint, the real property at issue...

Excerpt: ...(Plaintiff) and various Defendants with respect to a purchase and sales agreement for the purchase of real property known as the Howe Manor Apartments (the Property) for $15,800,000. Plaintiff filed its original complaint on September 13, 2019 (ROA #1), a First Amended Complaint on October 24, 2019 (ROA #9), a Second Amended Complaint on July 16, 2020 (ROA #137), and a Third Amended Complaint on June 5. 2019. (ROA #165.) According to the Third Am...

Excerpt: ...twelfth cause of action for fraudulent concealment in Plaintiffs' operative complaint. The motion is ruled on as follows. Plaintiffs' request for judicial notice 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. Dept. of Transp. (1997) 15 Cal.4th 543, 590 (judicial notice of findings of fact does not mean that those findings are ...

Excerpt: ...eers v. Dept. of Transp. (1997) 15 Cal.4th 543, 590 (judicial notice of findings of fact does not mean that those findings are true); Steed v. Dept. of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Plaintiff David Ben Vanenger purchased a 2014 Jeep Wrangler (“the Vehicle”) manufactured by Defendant FCA. (Compl. ¶ 7.) The purchase was memorialized in the sales contract titled Retail Installment Sale Contract ‐ Simple Finance Char...

Excerpt: ...efendant's request for judicial notice is granted. Defendant alleges Plaintiff's first cause of action for implied‐in‐fact contract, second cause of action for open book account, third cause of action for quantum meruit, and fourth cause of action for quantum meruit each fail because Plaintiff was required to accept as payment in full the Medi‐Cal fee schedule amounts set by state and federal law. Defendant also claims the first cause of ac...

Excerpt: ...s") Motion for a Protective Order to Prevent the Deposition of the Person Most Knowledgeable ("PMK") from Plum Healthcare Group, LLC Regarding the Management Agreement Between GI Partners and Plum Healthcare Group LLC is denied. Plaintiffs Gerard Follettie, by and through his successor‐in‐ interest, Gerard Joseph Follettie; Gerard Joseph Follettie, individually, Gary E. Follettie, individually, Cindy Lehr, individually; and Kimberly G. Phipps...

Excerpt: ...allege, among other things, that Defendant Land Home Financial Services, Inc. ("Defendant") failed to compensate them for all hours worked, including minimum wage and overtime, among other things. Plaintiffs bring the action individually, on behalf of other members of the general public similarly situated, and on behalf of aggrieved employees pursuant to the Private Attorneys' General Act ("PAGA"). (First Amended Complaint (“FAC”) at 1.) The ...

Excerpt: ...ecorded land documents, not contracts, are the subject of judicial notice on demurrer].) The court, however, does not accept the truth of any facts within the judicially noticed documents except to the extent such facts are beyond reasonable dispute. (See Poseidon Devel., 152 Cal.App.4th at 1117‐18.) see also Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 265 (“[A] court may take judicial notice of the fact of a document's rec...

Excerpt: ...rising out of damage to their home caused by water intrusion. The Complaint was filed February 4, 2021. Plaintiffs filed several claims under their policy with Nationwide concerning water damage to their residence. Bullseye was hired by Nationwide in January and February of 2017 to conduct an investigation of the water damage. Nationwide and Bullseye informed Plaintiffs after the first claim that the cause of the leak was wear, tear and cracks in...

Excerpt: ...e violation of the Rules of Professional Conduct. (See Ruling on Motion for Summary Adjudication, ROA 283) In its motion for summary adjudication, Bank contended Kronick could not enforce the written contract because Kronick violated the Rules of Professional responsibility by not disclosing and obtaining waiver of a conflict. " Bank asserts the law firm's failure to obtain a written conflict waiver from a client rendered the fee agreement with t...

Excerpt: ...ied. Plaintiff's motion is made upon the grounds that (1) Defendant improperly asserted boilerplate objections without justification, and (2) Defendant refuses to provide Codecompliant supplemental responses. Defendant opposes the motion arguing that its objections based upon the privacy of its employees encompassed by the two requests are valid and meritorious, and that Plaintiff has not satisfied its burden to overcome the privacy protections o...

Excerpt: ...tability defects including mold and mildew growth, water leaks, no heat, defective heater, rodent infestation, cockroach infestation, and inadequate weather stripping, among other defects. Plaintiff alleges causes of action for Breach of the Warranty of Habitability (Civil Code 1941) Violation of Civil Code 1942.4, Breach of Contract Civil Code 3300, Breach of Quiet Enjoyment Civil Code 1927, Private Nuisance Civil Code 3501, Premises Liability, ...

Excerpt: ... with the issues presented by this motion is in dispute. “Taking judicial notice of a document is not the same as accepting the truth of its contents or accepting a particular interpretation of its meaning.” (citation omitted) While courts take judicial notice of public records, they do not take notice of the truth of matters stated therein. (citation omitted) ‘When judicial notice is taken of a document, … the truthfulness and proper int...

Excerpt: ...es in pertinent part: "The reference is pursuant to Code of Civil Procedure section 639 and is solely for purposes of hearing all current and future discovery motions. Motions concerning procedural issues (i.e., motions to reopen discovery, motion to change the discovery cutoff, etc.) are not within the scope of the reference." (ROA 784). This elder abuse case has a trial preference date of October 12, 2021. Plaintiff Helen Williams was a residen...

Excerpt: ...015, (2) a single sentence of the Medical Board of California's Expert Reviewer Guidelines, that was not attached to the copy of the request that was served on Petitioner, and (3) the dissent in an unrelated and irrelevant case. “Taking judicial notice of a document is not the same as accepting the truth of its contents or accepting a particular interpretation of its meaning.” ) While courts take judicial notice of public records, they do not...

Excerpt: ...on based on physical disability/medical condition, retaliation, failure to accommodate, failure to prevent discrimination/retaliation, sexual and racial harassment and a cause of action for wrongful termination in violation of public policy. Plaintiff, who is an African‐American female worked for Defendant as a leasing agent for three years. She alleges that her superiors discussed their sex life around her, made derogatory racial comments and ...

Excerpt: ...�SJUSD”) and Defendant Bryan Irwin, the vice‐principal of Bella Vista High School for negligence. The action arises out an incident on April 13, 2018 when Plaintiffs were allegedly assaulted by non‐moving Defendants Austin Shanks, Jaden Koenig and Hadi Mischal on the Bella Vista campus. Plaintiffs have alleged causes of action against the non‐moving Defendants which are not the subject of the instant motion. Plaintiffs allege that moving ...

Excerpt: ...ion, the Court found that Plaintiff failed to demonstrate that Defendant's cross‐complaint arose from protected activity. Defendant now seeks fees pursuant to CCP § 425.16(c)(1) on the basis that Plaintiff's anti‐SLAPP motion was frivolous. Defendant seeks $14,542 in fees representing $10,775 in fees for opposing the anti‐SLAPP motion and $3,767 in fees for the instant fees motion. The Court considered Plaintiff's untimely reply which was ...

Excerpt: ...gs in this action and in the Winkey action, are unopposed and are 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.) This...

Excerpt: ...f default and default judgment, the Court's electronic docket does not reflect that default judgment has actually been entered against her. The Court cannot set aside a default judgment that has not actually been entered. Accordingly, the Court construes this motion as a motion to set aside the entry default as against Defendant on June 7, 2021 (Register of Actions (“ROA”) 14‐15). Pursuant to Code of Civil Procedure section § 473(b) and (d...

Excerpt: ...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 Plaintiff's counsel and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact Plaintiff's counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Background Pla...