Excerpt: ...r deducting the time for breaks and scheduling discussion, Dr. Koett's counsel estimates the deposition yielded a total deposition time of one hour and 14 minutes. (Id.) Plaintiff's deposition was again noticed for July 31, 2019. (Id. ¶ 5, Exh. C.) Plaintiff did not appear for the deposition. Through meet and confer discussions with her husband, he claimed that the notice was inadvertently overlooked and the deposition was missed. (Id.) Dr. Koet...

Excerpt: ... 2019, when he was four years old, he was sexually assaulted by CDI employee, Christian Turks, in the bathroom of Raymond Case Child Development Center (“Case”), a state funded preschool, where Plaintiff was attending preschool. Plaintiff alleges that CDI controlled and operated the pre‐school program and that CDI negligently hired/retained Mr. Turks, despite a prior record of similar conduct at his place of prior employment and CDI's knowl...

Excerpt: ...ly situated individuals who were employed and classified by Defendant Edward R. Marszal Enterprises, Inc. as non‐exempt in California during the time period of June 21, 2018 to the date the settlement is approved. The PAGA claims were premised on the alleged failure to pay minimum wages, failure to provide meal and rest periods, failure to reimburse necessary business expenses, failure to provide suitable seating, failure to provide accurate wa...

Excerpt: ...he State's construction of the Central Valley segment of the High‐Speed Rail System (the “Project”). Defendant Tutor Perini Zachry Parsons (TPZP) was hired by the State to construct a portion of the Project on Plaintiff's land. The State obtained an access easement across Plaintiff's land for purposes of constructing the Project. Plaintiff alleges that TPZP, at the direction of the State, installed infrastructure in the easement in excess o...

Excerpt: ...ing was set when the Court granted Defendant's ex parte application for an order shortening time to hear the instant motion. (Register of Actions (“ROA”) 686.) Following the February 4, 2021 hearing on Plaintiff's Motion for Summary Adjudication (hereinafter "Plaintiff's Motion"), this Court took the matter under submission, ordered supplemental briefing on certain limited issues, and thereafter affirmed the tentative ruling on April 15, 2021...

Excerpt: ...ent, breach of a verbal lease, breach of fiduciary duty, accounting, conversion, and more. Theis cross‐complained against Batchelor and his counsel alleging numerous causes of action premised on allegations that Batchelor mismanaged the LLC. Theis alleged causes of action against Gentry and Hughey Phillips for breach of fiduciary duty, legal malpractice and fraud. Theis alleged that Gentry and Hughey mishandled the winding up of Tillman LLC, im...

Excerpt: ...al lease, breach of fiduciary duty, accounting, conversion, and more. Theis cross‐complained against Batchelor and his counsel alleging numerous causes of action premised on allegations that Batchelor mismanaged the LLC. Batchelor & Co., LLC is also named in the cross‐complaint. Theis alleged causes of action against Gentry and Hughey Phillips for breach of fiduciary duty, legal malpractice and fraud. Theis alleged that Gentry and Hughey mish...

Excerpt: ...aving reviewed the Court's tentative ruling, which highlighted evidentiary gaps in Plaintiff's moving papers, Plaintiff at oral argument asked to file late evidence in the form of declarations, and the Court agreed to during oral argument and set a briefing schedule with both sides' input. The Court has now considered the late‐filed evidence and Defendant's objections thereto. Plaintiffs' newly‐proffered declarations do not materially change ...

Excerpt: ...e "with prejudice" rather than "without prejudice" and also seeks an award of attorneys fees pursuant to Civil Code 1717 in the amount of $18,630. On January 15, 2021 Plaintiff filed a Dismissal of Kaye Newton "without prejudice," after the Court had sustained her demurrer with leave to amend. On January 5, 2021, this Court sustained the Demurrer to Plaintiff KHM Holdings, LLC's Second Amended Complaint filed by Kaye Newton and John Cox in its en...

Excerpt: ... that Defendant systematically: (1) failed to provide accurate itemized wage statements; (2) failed to pay minimum wage for all hours worked; (3) failed to provide meal and rest periods; (4) failed to pay all wages at time of separation from employment; (5) failed to pay overtime wages; (6) failed to reimburse for business expenses; (7) engaged in unfair business practices; and (8) violated civil penalty provisions recoverable as PAGA penalties p...

Excerpt: ...ervices on behalf of Plan Sponsors and/or Plan Administrators' Plans. In its SAC, Plaintiff alleges that "in or around 2016, Defendants CCHI LLC and CCHI, FIELDS and Rich and Rich Services designed, advertised, marketed and sold an insurance product called "Simple Funded . . . . " (SAC, ¶21.) Plaintiff further alleges that Defendant Rogers also "helped design and implement the "Simple Funded" program along with CCHI and BRMS." (SAC, ¶24). Defen...

Excerpt: ...ement 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) 955 F.2d 1268, 1276; Van Bro...

Excerpt: ...ts' request for judicial notice is granted. The Court notes that the demurrer to the First Amended Complaint was filed February 23, 2021. However, the First Amended Complaint was not filed until March 4, 2021. The parties do not raise this anomaly as an obstacle to the Court's consideration of the demurrer, and both treat the moving and opposing papers as directed at the FAC filed after the demurrer and motion to strike. The FAC sets forth four c...

Excerpt: ...inal tentative ruling granting the motion. The Court's file reflects that the “sur‐reply” was filed at 4:17 p.m. on May 12, 2021. The Court continued the matter to today's date and permitted the parties to file additional briefing. The Court has considered the opposition filed by Defendant's employer, co‐defendant California Rural Indian Health Board, Inc., in addition to Plaintiff's response to Defendant's “sur‐reply.” Having consi...

Excerpt: ...forth below. Defendants' concurrent motion for monetary sanctions is granted in the amount of $1,776, pursuant to Code of Civil Procedure sections 2023.010(d), 2023.030(a), and 2025.450(g)(1). Plaintiff opposes the motion. Plaintiff Leslie Hagan commenced this action on May 5, 2017, alleging injuries arising from a motor vehicle accident that occurred on May 12, 2015. Defendants represent that on November 4, 2019, the parties stipulated to and ag...

Excerpt: ...2021. Defendant indicates that it has filed a concurrent request for judicial notice of the Exhibits attached to its Opposition, but the Court has not located such a request. The Court has reviewed the recorded documents that are the apparent intended subject of the request for judicial notice and finds that it could grant notice of the documents to the extent provided by case law. (Yvanova v. New Century Mortgage Corp. (2016) 62 Cal. 4th 919, fn...

Excerpt: ...ivil Procedure sections 583.130, 583.410, and 538.420, and California Rules of Court, Rule 3.1342. The motions are denied as forth below. Plaintiff opposes the motion. The operative facts on the motion are well‐stated in Guckenheimer's initial points and authorities, and are substantially reproduced next. On May 2, 2018, ISS terminated Tyler's employment for insubordination. (ROA 1 and 269, Compl. 16, ROA 269.) On January 2, 2019, Plaintiff Cur...

Excerpt: ...owne alleges that dismissal of this action is required because Plaintiff has failed to bring the matter to trial within the mandatory five‐year period prescribed by Code of Civil Procedure section 583.310. This lawsuit was initiated on September 4, 2015. On November 9, 2015, Plaintiffs filed the first amended complaint, which added Plaintiff and her home to the list of allegedly defective homes that form the basis for this action. On July 7, 20...

Excerpt: ...because Plaintiff unduly delayed in adding BAE SDSR as a Doe Defendant, pursuant to Code of Civil Procedure section 474 and A.N. v. County of Los Angeles (2009) 171 Cal.App.4th 1058. The motion is ruled on as follows. Plaintiff's first amended complaint (“FAC”) alleges causes of action for: (1) disability discrimination, (2) disability harassment, (3) unlawful retaliation in violation of the Fair Employment and Housing Act (“FEHA”), (4) f...

Excerpt: ...une 16, 2021. The Clerk shall fax a copy of this tentative ruling to the litigation coordinator. The litigation coordinator shall provide the tentative ruling to plaintiffs Konanyah Yahlazar and Dion Anderson. The litigation coordinator is directed to have Plaintiffs Konanyah Yahlazar and Dion Anderson available at oral argument on June 16, 2021 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 841 204 6267. To appear on Zoom by p...

Excerpt: ...that Plaintiff's request for admissions to Defendant were deemed admitted on March 18, 2020. When the moving party is the plaintiff, there is only one ground for a motion for judgment on the pleadings: “the complaint states facts sufficient to constitute a cause of action or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.” (Code Civ. Proc. § 438(c)(1)(A).) The gr...

Excerpt: ...ourt acknowledges the "supplemental brief" filed by Plaintiff on June 9, 2021. (ROA 64.) The filing was untimely and will not be considered by the Court on that basis. Further, even if the Court were to consider the filing, Plaintiff failed to provide a declaration or request for judicial notice, etc., authenticating the purported evidence attached. Plaintiff voluntarily dismissed his lawsuit on April 1, 2021, before the hearing on the anti‐SLA...

Excerpt: ...t fee levied upon building permit applicants to assist in covering costs for new and existing water supply infrastructure. Plaintiff alleges that the Zone 40 Fee is invalid under the California Constitution and the Mitigation Fee Act (Govt. Code §§ 66000, et seq.) because it is not limited to the reasonable cost of the service for which the fee is being imposed. Plaintiff alleges that Defendant has failed to prepare the necessary analysis and h...

Excerpt: ...Judicial Notice (“RJN”), which attaches copies of court filings in this action, is unopposed and is granted. This lawsuit arises from a dispute related to Plaintiff Phoenix Enterprises, Inc.'s attempt to purchase membership interests of Defendant. Defendant Guardian Investment Capital, LLC (“Guardian”) and H16 Apartment Investors, LLC each own a 50% interest in Defendant. H16 Grupe Investors, LLC (“Grupe”) and H16 Local Investors, LLC...

Excerpt: ...ensated for her injuries due to the car accident, after having made an underinsured claim to her alleged insurer, Defendant CSAA. (See generally, Complaint.) In particular, the Complaint alleges that: On July 7, 2017, Plaintiff was injured in a traffic collision caused by another driver. As she was exiting Highway 50, approaching the intersection in her 2008 Honda Civic, intending to make a right‐hand turn onto Watt Avenue, the driver behind he...