Excerpt: ...is an essential element of each of plaintiff Felisia Thibodeaux's claims and thus is the focus of defendants' motion. Plaintiff's supposed inability to prove causation was argued for the first time in reply, so that argument is not considered. A plain reading of plaintiff's resignation letter indicates she resigned. (Davis. Dec. Ex. A.) However, while plaintiff's evidence is weak, it must be construed liberally. (Binder v. Aet...

Excerpt: ...t 9:30am. Cross‐complainant Stan Schuldiner's motion to tax costs and amend the judgment is granted in part. The December 21, 2018 memorandum of costs filed by cross‐defendants ITC Financial Licenses, Inc. and The Bancorp Bank claims filing and motion fees of $1,620.70, deposition costs of $5,816.51 and total costs of $7,437.21, which, absent a timely filed amended memorandum, are the maximum amounts of costs recoverable by ITC and Bancor...

Excerpt: ...ration is granted. The collective bargaining agreement ("CBA") does not include a clear and unmistakable delegation clause. Therefore, the court rather than the arbitrator will determine whether petitioner "waived" the right to arbitrate by failing to seek arbitration in compliance with the timing requirements of the CBA. (See Code Civ. Proc. § 1281.2(a) [court determines waiver]; Platt Pacific Inc. v. Andelson (1993) 6 Cal.4th 3...

Excerpt: ...ll amount of the proposed settlement is fair and adequate in view of the purposes and policies of PAGA, taking into account such factors as the adequacy of the civil penalties in light of the potential maximum if the matter were to go to verdict and the risks of litigation. (Lab. Code § 2699(l)(2); see Flores v. Starwood Hotels & Resorts Worldwide, Inc. (C.D. Cal. 2017) 253 F.Supp.3d 1074, 1077; O'Connor v. Uber Technologies, Inc. (N.D. Cal....

Excerpt: ... the dismissal under Code of Civil Procedure section 473(b) (which Plaintiff has not requested it to do), Plaintiff "has failed to identify a colorable basis for relief under the statute." (Hopkins & Carley v. Gens (2011) 200 Cal.App.4th 1401, 1410 [affirming denial of self-represented party's motion to set aside arbitration award against him where he made no real attempt to show it resulted from a mistake of fact or law, surprise, or...

Excerpt: ...d in this chapter prosecuted by the employee, the employer, or both jointly against the third person results in judgment against such third person, or settlement by such third person, the employer shall have no liability to reimburse or hold such third person harmless on such judgment or settlement in absence of a written agreement so to do executed prior to the injury." This provision generally bars all personal injury and equitable indemnit...

Excerpt: ... Tem Judge Scott Borrowman, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide t...

Excerpt: ... Borrowman, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with t...

Excerpt: ... attachment against Defendant Treva Cooke is granted in the amount of $115,361.45, plus reasonable attorneys' fees in the amount of $11,333.33. Code of Civil Procedure section 484.010 provides for issuance of a right to attach order and writ of attachment upon filing of the complaint or any time thereafter. A court "shall issue a right to attach order" if it finds: (1) the claim upon which the attachment is based is one upon which an ...

Excerpt: ...Tem Judge Scott Borrowman, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide th...

Excerpt: ...onetary Sanctions Pro Tem Judge Scott Borrowman, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro ...

Excerpt: ...cause the action was filed in the county where one of the defendants resides. (Code Civ. Proc. § 395(a).) Moving defendants have not shown that Plaintiff improperly joined the resident defendant. "A defendant's residence for venue purposes may only be disregarded when the joinder is sham, against one having no real interest in the litigation, who is joined solely for the purpose of achieving venue in a particular county." (Buran Equi...

Excerpt: ...ction Caves et al. v. Walgreen Co., Case No. 2:18-cv-02910-MCE-DB, in the U.S. District Court for the Eastern District of California is granted. The factors specified in Caiafa Prof. Law Corp. v. State Farm Fire & Cas. Co. (1993) 15 Cal.App.4th 800, guiding the court's discretion in considering a stay of the state action when there is a pending federal action covering the same subject matter, weigh heavily in favor of staying the instant acti...

Excerpt: ...r Coordination Defendants Volkswagen Group of America, Inc. and Anderson Enterprises, Inc.' motion to stay proceedings pending determination of petition for coordination is GRANTED. This action is stayed until a ruling on the petition to coordinate is made by the Los Angeles Superior Court after the hearing on June 6, 2019. This court has the inherent power to issue such a stay. (Jordache Enters., Inc. v. Brobeck, Phleger & Harrison (1998) 18...

Excerpt: ...nc.S Memorandum Of Costs Or, In The Alternative, Tax Costs; Memorandum Of Points And Authorities In Support Thereof Plaintiff Colin Heilbut's motion to strike defendant Equinox Holdings, Inc.'s memorandum of costs is DENIED. Plaintiff's alternative motion to tax costs is GRANTED. The parties agree that the costs sought for witness and electronic‐document‐hosting fees are excessive. Those costs are thus taxed $4,430, reducing the a...

Excerpt: ... For Order Compelling Further Response To Demand For Production Of Documents From Def. Cha Corp. And Imposing Monetary Sanctions In The Amount Of $3,942 Plus Costs Against Defendant Chamdi, Pro Tem Judge Tom Cohen, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a sti...

Excerpt: ... for leave to file fourth amended complaint is GRANTED. California has a policy of liberally permitting amendments to pleadings at any stage of the proceeding. (Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 760.) Similarly, Code of Civil Procedure section 474 liberally allows Doe amendments where Plaintiffs were ignorant of facts that would support a cause of action against the new Defendant, even if Plaintiffs knew the identity of the Defend...

Excerpt: ...ition for writ of mandamus is SUSTAINED without leave to amend. Petitioner's assertion that there is no tax law in effect is not a factual allegation, but a legal argument that is not entitled to deference on a demurrer. (See McBride v. Boughton (2004) 123 Cal.App.4th 379, 384 ["We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law."].) Revenue and Taxati...

Excerpt: ...mplaint is GRANTED. Kong's original complaint naming Doe defendants was filed September 29, 2015; he then had three years to identify and serve Drs. Vu and Hanks as Does to avoid mandatory dismissal. (Id. ("shall be served"); Inversiones Papaluchi S.A.S. v. Sup. Ct. (2018) 20 Cal.App.5th 1055, 1061.) Absent tolling, the date by which Kong had to serve Vu and Hanks was September 29, 2018, and he did not serve them until March 11, 2019....

Excerpt: ...ion to reconsider" is denied. Even assuming plaintiff's characterization of the appellate record, I cannot, for several reasons, grant the relief sought ‐ enforcement of what plaintiff calls the "settlement agreement." First, a settlement would require approval by the Board of Supervisors and the Public Utilities Commission, but the record is bare of evidence that either approval occurred. Second, the settlement cannot be enforc...

Excerpt: ...18 JESSIE STREET CONDOMINIUM'S Motion For Leave To File Fourth Amended Complaint To Supplement And Clarify Allegations Set Forth In The Second Cause Of Action For Negligence And Add Twelfth Cause Of Action For Intentional Failure To Disclose. The hearing will be at 9:00 am, not 9:30 am. Plaintiff's motion for leave to file a fourth amended complaint is denied. Plaintiff, a condominium owners' association, lacks standing to sue for the...

Excerpt: ... Civ. Proc. § 425.16.) Defendant and Cross‐Complainant Core Venture Capital LLC's argument that the first prong is not met because Findley "waived" the protection of the anti‐SLAPP statute by entering into the non‐disclosure agreement is meritless. In the case it relies upon for that proposition, the California Supreme Court explicitly held that a cause of action for breach of a release agreement based upon the filing of counte...

Excerpt: .... is granted without prejudice to Defendants filing a motion to set aside the defaults entered against them. On September 17, 2018, Defendants' defaults were entered. Such entry of default cut off Defendants' opportunity to file a responsive pleading. (Forbes v. Cameron Petroleums, Inc. (1978) 83 Cal.App.3d 257, 262 ["Since defendants' default had already been entered, they had no standing to file any responsive pleading without f...

Excerpt: ...f Documents, Special <00470003002c0050005300 00510048005700440055[y Sanctions Against Enigma. Pro Tem Judge William Lynn, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the mo...

Excerpt: ... action is sustained with leave to amend. The filing requirements of the Government Claims Act (Gov't Code §§ 905, 905.2, 945.4) apply to all of Plaintiff's state law claims. "Unless a specific exemption applies, '[a] suit for "money or damages" [within the meaning of Gov't Code § 945.4] includes all actions where the plaintiff is seeking monetary relief, regardless whether the action is found in 'tort, contract...