Excerpt: ..., failure to provide notice of sick leave, and failure to provide accurate wage statements. Plaintiff seeks penalties and damages under the Labor Code, the Business and Professions Code, and the Private Attorneys General Act (PAGA). After a mediation with Glenn E. Lerman, Esq„ the parties have reached a settlement. Now before the Court is Plaintiff's motion for preliminary approval of the class action settlement, wherein Plaintiff requests the ...

Excerpt: ... Exs. E, F, G.) Plaintiff found certain responses to be insufficient. After meeting and conferring, and follow-ng extensions of tme to respond, Plaintiff filed motons to compel further responses to certain RFPs, RFAs, and form interrogatories. Smart72 served amended discovery responses on Plaintiff concurrently with its opposition brief. (Further Supplemental Declaration of Rebecca Peterson-Fisher (F. Supp. Peterson-Fisher Dec.), 1, Ex. A.) Smart...

Excerpt: ...ants Chad M. Reinhart; Jessica Reinhart née Stout; Stone Mountain Retreat, LLC; and Stone Mountain Ranch, LLC. The complaint asserts causes of achon for (1) breach and overburdening of easements; (2) trespass; (3) nuisance; (4) declaratory relief; and (5) injunctive relief. The Verified Complaint Plaintiffs' verified complaint sets forth the following facts. The Properties and Easements Plaintiffs and Defendants are neighbors who live on Davis C...

Excerpt: ...motion to quash service. Respondent argues that at all times relevant to the Trust, he did not live in California and currently res-des in the State ofVirginia. (Declaration of Gregory Bernhard ("Bernhard Decl.") '1 5.) Respondent states that he does not own property or do business in California. (Ibid.) According to Respondent, in 2016, the Surviving Settlor of the Trust, Donald R. Bernhard ("Donaldl sold his California residence and moved to Vi...

Excerpt: ...monthly payments of $679.60. Plaintiff alleges that Defendant has defaulted on the loan and refused to surrender possession of the Vehicle. Now before the Court are Plaintiff's unopposed motions to compel and request for sanctions. On April 8, 2022, Plaintiff served upon Defendant the following discovery requests: 1) Form Interrogatories, Set One; 2) Special Interrogatories, Set One; 3) Demand for Production of Documents, Set One; and 4) Requests...

Excerpt: ...lief (Code Civ. Proc„ SS 760.020, 761.020); verified petitions for administrative writ (Code Civ. Proc„ S 1094.5), and/or writ of traditional mandate (Code Civ. Proc., S 1085) on May 11, 2021. The achon is filed against the California Department of Parks and Recreation (State Parks), County of San Luis Obispo (the County), California Department of General Services (DGS), State of California, San Luis Obispo County Air Pollution Control Distri...

Excerpt: ...20, 2022. Defendant did not file a responsive pleading, and default was entered on March 3, 2022. Defendant now moves to set aside the default. Code of Civil Procedure section 473 authorizes the Court to set aside a default and grant leave to defend the action on grounds of "mistake, inadvertence, surprise or excusable neglect." (Code Civ. Proc., S 473(b).) The motion for discretionary relief must be filed within six months after the clerk's entr...

Excerpt: ... to ASH personnel for a "preference diet." Currently on calendar is Plaintiff's request that the Court provide a court reporter to serve as a deposition officer for written depositions via video conferencing, or in the alternative, that the Court appoint a deposition offcer to conduct the written depositions, and have the defendants bear the cost. ASH opposes the request that it pay for the deposition officer.l Wr-tten depositions are authorized ...

Excerpt: ...nated; and that We Is Fargo failed to provide Plaintiff with a reasonable accommodation and failed to engage in the interactive process. Now before the Court is Defendants' motion for a protective order and request for sanctions in the amount of This motion relates to Plaintiff's attempt to take the deposition of non party Christopher Smith. In general, depositions of any person may be taken without leave of court at any time during the pendency ...

Excerpt: .... Now before the Court are Plaintiff's four unopposed motions to compel and request for sanctions. On May 26, 2022, Plaintiff propounded Supplemental Interrogatories and Supplemental Requests for Production Set Two. (Declaration of Tonya Ortega ("Ortega Decl.") 93, Ex A.) The parties mutually agreed to extend the response date to July 6, 2022. As of the filing of the motion, Defendant has not served outstanding responses. (ld. at '14.) On June 16...

Excerpt: ... incarcerated as a result of Defendants' negligence. (Gov. Code, S 815.6.) Now before the Court is Defendants' motion for judgment on the pleadings. The Court grants Defendants' request judicial notice of Governor Newsom's proclamation of the state emergency dated March 4, 2020. l. Background Plaintiff is an inmate at CMC, and at all times relevant to this cause of action was housed in Dorm 12 and had a COVID-19 risk score of 3. (Complaint Cause ...

Excerpt: ...) Plaintiff opposes the demurrer.1 Demurrers can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 C3d 311, 318.) The court must draw all reasonable inferences in favor of the plaintiffs, not the defendant. (Perez v. Golden Empire Transit Dist. (2012) 209 Cal.App.4th 1228, 1239.) I. Background2 Crosbie's allegation...

Excerpt: ... Now before the Court is Defendants' motion to compel Plaintiff to appear for her deposition. The Court will not delve into the meet-and-confer communications between counsel. Suffice to say, Plaintiffs' counsel (located in Los Angeles) and defense counsel (located in Novato) cannot agree on the date, location, and manner of Plaintiff's deposition. The gist of the parties' dispute is whether Plaintiff will appear for her deposition in person, or ...

Excerpt: ...to the Handleys into equity in the development of the Resort Project at issue in this matter; • Declaratory relief ordering that the Handleys are not in breach of the loan agreements that were the subject of the Settlement Agreement; • Injunctive relief asking for an order prohibiting Stier from taking any action to enforce said loan agreements either through foreclosure or a money judgment; • Include in the prayer for relief a request for ...

Excerpt: ...vehicle left to avoid hitting Defendant on his driver's side. Plaintiff alleges his vehicle then veered off the road and he hit a tree head-on. Now before the Court is Plaintiff's motion to deem facts admitted or in the alternative to compel further responses to requests for admission nos. 1, 6, 7, 8, and 13, and for monetary sanctions in the amount of $1,810. Plaintiff's first request, which is to deem the facts in the requests for admission (RF...

Excerpt: ...ya Ortega (“Ortega Decl.”) ¶ 4, Ex. A.) Each deposition subpoena also requested extensive document production related primarily to Plaintiff's workers compensation claims and benefits. Plaintiff now moves to quash the subpoenas and for a protective order. Plaintiff also seeks sanctions against defense counsel. Plaintiff argues that the depositions were set unilaterally on a date upon which Plaintiff's counsel, Ms. Ortega, was not available a...

Excerpt: ... located at 802 Park Way, in Arroyo Grande (the Property). Plaintiffs allege that Mary Kim and her husband Kenny Kim, through the Trust, purchased the Property in 2018 for Plaintiffs. Mary and Kenny made a private loan to Plaintiffs, memorialized by a promissory note, requiring Plaintiffs to make monthly payments on the $485,000 note. Plaintiffs allege they paid at least $500 per month in cash per the note's terms, from October 2018 to November 2...

Excerpt: ...nts kept by Plaintiff, that constituted the principal record of transactions between Plaintiff and Defendant relative to Defendant's credit card account, and none of the statements were disputed by Defendant. Defendant opposes the motion. The Court grants Plaintiff's request that the Court take judicial notice of 15 U.S.C. section 1666, and 12 C.F.R. section 202.12. Plaintiff's motion is supported by its separate statement of undisputed material ...

Excerpt: ...lopment Permit Project No. P20-000076 (the Permit). The Amended Petition requests a writ directing the City to approve the Permit “without any unlawful conditions attached.” (Amd. Pet., p. 14, ll. 1- 4.) Currently before the Court is the City's demurrer to the Amended Petition on the ground it fails to state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10, subd. (e).) Specifically, the City argues that Petitioner...

Excerpt: ...ction and response to the Petition. On August 9, 2022, Petitioner dismissed the action. On August 18, 2022, Respondent filed a motion to vacate the dismissal. Petitioner opposes the motion. No reply is on file. Respondent filed her motion pursuant to Probate Code section 17202, which provides that the court may dismiss a petition if it appears that the proceeding is not reasonably necessary to protect the interests of the trustee or beneficiary, ...

Excerpt: ... judgment on those causes of action. No opposition has been filed. Wells Fargo, as the moving party, bears the burden to produce admissible evidence on each element of each cause of action entitling it to judgment. (Code Civ. Proc., § 437c, subd. (p)(1); see also Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) If Wells Fargo makes a prima facie showing, then the burden shifts to Taber to show the existence of a triable issue of ma...

Excerpt: ...l wages due, including minimum, regular, and overtime wages as a result of Defendant's policy of improperly paying its non-exempt hourly employees; (2) failure to provide meal periods; (3) failure to provide rest periods; (4) failure to provide accurate wage statements; and (5) failure to pay wages upon ending employment of terminated or resigned employees. (Compl., ¶ 2.) Plaintiff alleges that she was employed by the Defendant from on or about ...

Excerpt: ... the FAC alleges that Plaintiffs were forced to do work for Defendant as mechanics and personal attendants and as such, are entitled to compensation as employees. Defendant now demurs to the entire FAC pursuant to Code of Civil Procedure sections 430.10, subds. (e) and (f) on the grounds that it fails to state a cause of action and is uncertain.1 Plaintiff opposes the demurrer. No reply is on file. Defendant's counsel submitted a declaration chec...

Excerpt: ...al and emotional injuries. The complaint sets forth the following causes of action: (1) Battery; (2) Negligence; (3) Intentional Infliction of Emotional Distress; (4) Fraudulent Concealment; and (5) Public Nuisance. The Hotel, Weyrich, and Guerrero (Defendants) now move for summary judgment on the ground Plaintiff cannot prove causation, an essential element of each cause of action. (See CACI Nos. 400, 1300, 1600, 1901, 2021.) To satisfy their in...

Excerpt: ...ed. Now before the Court is Plaintiff's motion to compel the County's further responses to requests for production of documents, set one (the RFPs), and request for sanctions in the amount of $1,560.00. As of the date of this ruling, the County has provided supplemental responses to the subject RFPs, Nos. 1 through 11 and 15. The supplemental responses do not comply with the Code of Civil Procedure. A party has three options in responding to requ...