Excerpt: ...order after final judgment, is made that is appealable under this title. Pursuant to CCP 632, the request for a statement of decision shall specify those controverted issues as to which the party is requesting a statement of decision. The request filed by petitioner did not specify the controverted issues of fact that on which petitioner seeks a statement of decision. On or about August 19, 2015, Hilbers and Roofco entered into a written subcontr...

Excerpt: ...2018, Defendant conducted a workplace investigation following Plaintiff's complaints. (Grunwald Decl., p. 1, ¶3.). Plaintiff seeks unredacted documents concerning the investigative report prepared by a third party investigative law firm on behalf of Defendant CADA as well as other investigation‐related documents. (Ibid.) Plaintiff seeks an order compelling further responses to Requests for Production Nos. 1‐6 from defendant. The responses to...

Excerpt: ...aw action pursuant to an accepted California Code of Civil Procedure § 998 offer and the Song‐Beverly Consumer Warranty Act ("SBA"), Cal. Civ. Code § 1794(d). Plaintiff requests an Order awarding attorneys' fees, costs, and expenses in the total amount of $39,480.44. This amount consists of (1) $25,551.50 in attorney fees for Strategic Legal Practices, APC ("SLP"); (2) a 1.35 multiplier enhancement on the attorney fees (or $8,943.03); (3) $1,...

Excerpt: ...laintiff alleges only one claim for premises liability against Eskaton. The claim arises out of plaintiff's transport on premises owned by moving defendant. Plaintiff alleges she incurred injuries as a result of Co‐ defendant Falck paramedics dropping her during transport due to the alleged failure to use a four‐ person transfer. The allegations that the incident occurred in Eskaton's parking lot do not connect the injury to Eskaton's Defenda...

Excerpt: ...on was conducted pursuant to a Memorandum of Understanding (“MOU”) between Respondent and Doe 1. The arbitration consisted of Doe 2's appeal of his termination from his employment with Respondent. Respondent terminated Doe 2 following an investigation which led to 23 sustained allegations of violating criminal statues and more. (Tyra Decl. ¶ 5, Exh. B.) The Arbitrator was mutually selected by the parties pursuant to the MOU. (Id. ¶ 10.) The...

Excerpt: ...h Plaintiff Mahmoud Khattab. M.D. (“Dr. Khattab”) and Plaintiff 9250 Big Horn Holdings, LLC (“Big Horn”) entered into a construction agreement with Defendants and Sheba Construction, Inc. (“Sheba Construction”), whereby Defendant would serve as the project developer for the building's construction and Sheba Construction would act as the general contractor. The instant motion concerns a subpoena issued by Plaintiffs to non‐party Ibra...

Excerpt: ...e per se. Plaintiff alleges that on August 8, 2017, she was attacked by a dog owned by Defendants while the dog was being walked in her neighborhood. She alleges that Defendants were aware that the dog was vicious. In evaluating a motion for summary judgment or summary adjudication the Court engages in a three step process. First, the Court identifies the issues framed by the pleadings. The pleadings define the scope of the issues on a motion for...

Excerpt: ... a double amputee living at Eskaton Care Center. (SAC ¶ 4.) She alleges that on December 29, 2017, she was scheduled to be transported to Kaiser for a medical appointment. Plaintiff alleges that she is unable to self‐ambulate and requires assisted transportation to and from the care facility. (Id.) Plaintiff alleges that Defendants Care Ambulance and/or Falck Northern California Corp. were the usual carrier for her transportation. (Id. ¶ 5.) ...

Excerpt: ...'s tentative ruling system as required by Local Rule 1.06(D). Cross‐Defendant is ordered to notify parties immediately of the tentative ruling system and to be available at the hearing, via Zoom video or audio, in the event another party appears without following the procedures set forth in Local Rule 1.06(B). Cross‐Defendant's request for judicial notice is granted. The cross‐complaint in this action was filed on July 31, 2019. (ROA 47.) C...

Excerpt: ... for relief is not included in the notice of motion. Legal Standard In evaluating a motion for summary judgment, the Court engages in a three‐step process. First, the Court identifies the issues as framed by the pleadings. The pleadings define the scope of the issues on a motion for summary judgment or summary adjudication. ( FPI Dev. Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 381‐382.) Because a motion for summary judgment/adjudication is ...

Excerpt: ...urt, rule 3.769(g).) This is a wage and hour class action. Plaintiff Tiffany Henderson, individually and on behalf of a putative class of 414 nonexempt, non‐union employees who were employed at one of Defendants' Valley Recovery facilities in California, and Defendants, have agreed to settle this wage and hour class action for $720,000. Defendants are the corporate owners and operators of a group of five "Valley Recovery Centers" located in Sac...

Excerpt: ...uses of action against Defendant for libel, defamation per se and false light which were all premised on allegations that Defendant posted negative reviews of Plaintiff in December 2020 and March 2021 on Yelp and Google. The Court stated that Defendant was to bring a separately noticed motion for fees. (Id.) Defendant now seeks $37,400 in fees and $228 in costs incurred in connection with the anti‐SLAPP motion and the instant fee motion. The re...

Excerpt: ...tion. In granting or denying a motion for summary judgment or summary adjudication, the Court need rule only on those objections to evidence that it deems material to its disposition of the motion. Objections to evidence that are not ruled on for purposes of the motion shall be preserved for appellate review. (Code Civ. Proc. § 437c(q) (as amended effective Jan. 1, 2016).) The motion is made on the grounds that Plaintiffs' and Cross‐Complainan...

Excerpt: ... court; and (2) a later detailed review after the period during which notice is distributed to class members for their comments or objections. (Conte & Newberg, Newberg on Class Actions (Newberg) § 11.24 (4th ed. 2002.) This procedure assures class members of the protection of procedural due process safeguards and enables a court to fulfill its role as the guardian of the interests of the settlement class. As required by the Rules of Court, the ...

Excerpt: ...ant Energy Star Lighting & Electric, Inc. ("Defendant") failed to pay overtime wages, failed to provide meal and rest periods, failed to provide accurate wage statements, failed to keep accurate time records, failed to pay final wages, and failed to reimburse business expenses. The Complaint further alleges that Defendants are liable for civil penalties as a result of the alleged violations. Defendants have denied all of Plaintiffs' allegations. ...

Excerpt: ...hat she was an employee of CDPH who was constructively discharged after a series of conflicts with her supervisor, Dietzen. (See generally, FAC.) The FAC alleges the following causes of action: (1) discrimination based on age under the California Fair Employment and Housing Act ("FEHA"); (2) harassment (FEHA); (3) disparate treatment in violation of public policy; (4) failure to prevent harassment, discrimination, and retaliation (FEHA); (5) reta...

Excerpt: ...as required by Local Rule 1.06(D). Moving counsel is ordered to notify opposing counsel immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event Plaintiff/Cross‐Complainant appears without following the procedures set forth in Local Rule 1.06(B). Legal Standard In evaluating a motion for summary judgment or summary adjudication, the Court engages in a three‐step process. First, the...

Excerpt: ...under Section 664.6. This is Plaintiff's second attempt to obtain entry of a stipulated declaratory judgment through Section 664.6 in this action. Plaintiff's previous “Request for Entry of Judgment in Accordance with Already Filed Stipulation for Judgment” was denied. (Register of Actions (“ROA”) 34.) In denying that motion, Judge Brown explained, “The file does not include a complete stipulation signed by both parties, or a proof of s...

Excerpt: ...ch is not applicable to Defendant Celtic, or, in the alternative, should be stricken because Defendant Celtic failed to timely notice the motion; and (2) other fees requested in item number 16, in the amount of $108.50 on grounds that Code of Civil Procedure section 1033.5 prohibits the recovery of postage costs. Plaintiff filed a notice of non‐opposition to Defendant Celtic's motion for summary judgment, which was granted on August 17, 2021. (...

Excerpt: ...uilder Services Group, Inc. and its predecessor TruTeam of California, Inc. BSGI moves for an order quashing Defendant/Cross‐ Complainant Jeff Cable's (“Cable”) four deposition subpoenas for production of business records, served on Cable's counsel on September 13, 2021, directed to the following non‐parties: (1) Knauf Insulation; (2) Johns Manville; (3) CertainTeed; and (4) Owens Corning Insulating Systems, LLC. BSGI alleges the subpoena...

Excerpt: ...y Plaintiff immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event Plaintiff appears without following the procedures set forth in Local Rule 1.06(B). Defendant's request for judicial notice is granted. This is a lawsuit to recover funds from Defendant Khushvir Singh for amounts owed pursuant to an educational loan document executed in 2009. Moving Defendant Swarnjit Sekhon is allege...

Excerpt: ... and Jackie Hagen's fifth cause of action for unlawful business practices and unfair competition practices per Business & Professions Code section 17200 alleged in their third amended complaint (“TAC”). The demurrer is ruled on as follows. Defendants specifically demur to the fifth cause of action on grounds that it fails to state facts sufficient to constitute a cause of action. The notice of motion does not provide notice of the Court's ten...

Excerpt: ...ion was “substantially motivated” by a violation of public policy. This action arises out of Plaintiff's termination by Defendant on December 20, 2017. Plaintiff filed his complaint on December 12, 2018. (ROA 1.) On October 8, 2020, the Court granted Plaintiff leave to amend to file his first amended complaint (“FAC”). (ROA 72.) On April 29, 2021, the Court sustained, with leave to amend, Defendant's demurrer to the FAC. (ROA 94.) Defenda...

Excerpt: ...laintiff fails to state facts showing his termination was “substantially motivated” by a violation of public policy. This action arises out of Plaintiff's termination by Defendant on December 20, 2017. Plaintiff filed his complaint on December 12, 2018. (ROA 1.) On October 8, 2020, the Court granted Plaintiff leave to amend to file his first amended complaint (“FAC”). (ROA 41.) On April 29, 2021, the Court sustained, with leave to amend, ...

Excerpt: ...of action for "fraud and deceit" in the Cross‐Complaint of Defendant and Cross‐Complainant Sourdough & Co., Inc. on the basis that the conduct giving rise to this cause of action includes the plaintiff's filing of this lawsuit which is alleged to constitute the cross‐complainant's damages. Plaintiffs and Cross‐Defendants Gurpreet Brar, Harman Brar, Amanpreet Toor, Sukhdev Singh and Arvinbrar, Inc. ("Plaintiffs") have brought a complaint a...