Excerpt: ...on, and that the amounts he seeks are excessive. Having reviewed the parties' submissions, as well as prior orders of the court in this case (of which the court takes judicial notice under Evidence Ctxle section 452, subdivision (d)), the court GRANTS the motion in part and DENIES it in part. 2 The court awards attorney's fees in the amount of $56,702.00, as well as costs in the amount of $3,932.76, for a total of $ü634.76. 1. Timeliness GM argu...

Excerpt: ...otes that notice dæs not ap#ar to be proper for the motion for reconsideration. Although there is a prtnf of service dated July 20, 2023 in the file, indicating service of the "motion to reconsider" on Berman by Pomogaibo's husband, Sergey Firsov, there is no amended notice of the October 17, 2023 hearing, as required by the court's læal rule. As a result, the court has no way of knowing whether Berman received notice of the hearing date. In ad...

Excerpt: ... corporation) to enforce judgments for unpaid wages obtained by former CMS employees. The Virginia entity is hereinafter referred to as "PEW Based on the operative third amended complaint ("TAC"), DLSE brought a motion for summary judgment or summary adjudication, which was heard on July 6, 2023. In a formal order issued that same day, the court denied summary judgment but granted summary adjudication to DLSE as to the first and fourth causes of ...

Excerpt: ... to show the profits that they earned— either directly or through trusts that they own—from the "AC Master Franchise," and that this information is needed in order for him to calculate and prove damages in this case. Plaintiff notes that Judge Kirwan's order specifically found that "the profits earned by Defendants (and/or entities they own and control) from the AC Master Franchise" are "directly relevant to Plaintiff's damages claims." (Sept...

Excerpt: ...the parties' submissions, including the proposed protective order and protocol, and now rules on the disputed provisions as follows: • Paragraph 3: The proposed amendment to this paragraph of the protective order creates an "outside counsel only" tier of protection for the most highly confidential information. As a general matter, the court has no problem with the creation of an "attorneys' eyes only"- level tier in the protective order, as suc...

Excerpt: ...e May 23 hearing, the court noted that Wormley's counsel's declaration in support of the moton to vacate (Declaration of Patrick Khalil) was inadequate, because it did not provide enough information about an alleged calendaring error that led to his multiple failures to appear, and was also not delivered under oath, as required by Code of Civil Procedure section 473, subdivision (b). Nevertheless, the court also stated that it would grant the mot...

Excerpt: ...19. It states four causes of action: (1) Breach of Contract (the insurance policy, alleged against State Farm only); (2) Breach of the Implied Covenant of Good Faith and Fair Dealing (insurance bad faith, alleged against State Farm only); (3) Negligence (against all defendants); and (4) Unfair Business Practices (against all defendants). While the specific policy for the subject pro#rty is mentioned in the complaint, there are no attached exhibit...

Excerpt: ... does not dispute the costs amount, but it challenges the fees amount as excessive, particularly given that this case was filed as a limited civil action, and Xia's eventual monetary recovery was only $223.00. Defendant also questions whether Xia should be considered the prevailing party at all. Having reviewed the parties' submissions, as well as Judge Rosen's statement of decision, the court GRANTS Xia's motion in large part and DENIES it in sm...

Excerpt: ...ecton 1281.2, until resolution of the plaintiffs' claims against SFM and Sterling DAF. 1. Background According to the plaintiffs, "[t]his case is about a defective estate planning vehicle ... that was supposedly designed to allow plaintiff Joseph Wong ... to transfer assets into a charitable donor's fund which he could manage for growth and utilize in advertised beneficial ways while getting a tax deduction." (Opposition to Sterling Foundation Ma...

Excerpt: ...s, arguing that venue is proper in either Santa Clara County or Tulare County. The court finds this motion to be somewhat vexing, because neither side appears to have presented a full picture of the relevant circumstances that would allow the court to make a knowledgeable decision on the question presented. The court believes that key pieces of information are missing. Because the burden of proof is ultimately on the moving party, the court finds...

Excerpt: ...crimination, Harassment, and Retaliation (in violation of the FEHA). Balon sought punitive damages in relation to all four causes of action. Balon's original complaint alleged that he was hired by Intel on November 4, 2014 and was a vice president. He was terminated on August 18, 2020, when he was 51 years old. Prior to his termination, Plaintiff had no record of discipline and had received positive performance reviews. The complaint alleged that...

Excerpt: ...h of Fiduciary Duty; and 4. Judicial Dissolution of LLC Pursuant to Cal. Corp. Code S 17707.03. According to the complaint, Patton and Sandman jointly own real property through Sandpatt, LLC. (Complaint, 1-3.) In 1999, Sandpatt, LLC formed with the sole business of acquiring and operating the Property. (ld. at 9-10.) Patton was a 40% owner and manager of Sandpatt, LLC, while Sandman was a 60% owner and manager of Sandpatt, LLC. (ld. at 11-12.) Th...

Excerpt: ...ion: (1) Violation of Civil Code Section 1793.2(D); (2) Violation of Civil Code Section 1793.2(B); (3) Violation of Civil Code Secton 1793.2(A)(3); (4) Breach of the Implied Warranty of Merchantability; and (5) Fraud (specifically, fraudulent inducement-concealment). The FAC alleges that, as part of the vehicle lease, Sharifirad entered into a warranty contract with GM on or about January 4, 2021. (See FAC at 6-7.) A copy of the warranty contract...

Excerpt: ...any common issues of law and fact, as well as many common parties. What GBR has not shown, however, is how consolidation at this exceedingly late stage of the proceedings—after three of the four cases have already been appealed, two of the four cases are still on appeal, and one of the cases is on remand from the Court of Appeal—will conserve any resources or help avoid any inconsistent outcomes. Even more critically, GBR has not shown that c...

Excerpt: ...and six form interrogatories. The court GRANTS Stanford's motion, and the court GRANTS in part and DENIES in part the Meyers' motion. 1. Stanford's Motion to Compel Compliance (the "Mirror Drive") The court finds that the Meyers agreed to priNluce the "mirror drive" of Katie's laptop in responses verified under oath by both of them (on March 10, 2023) and then backtracked on this agreement, including expressly serving "amended" responses (on June...

Excerpt: ...osition. The court finds the parties' briefing on this motion to be singularly unhelpful, with the parties mainly talking past each other and failing to explain clearly to the court exactly what remains to be resolved between the parties. For example, neither side's briefing actually addresses the language of Categories 1-4, 7, and 10. The lack of clarity may have been ameliorated with a separate statement, but as GM points out, Sanchez failed to...

Excerpt: ...stees of the Leland Stanford Junior University and operated by defendant Stanford Health Care. The complaint, filed on October 5, 2020 by Sharif and Marghuba Razzaqui (collectively, "Plaintiffs"), 3 is a form complaint stating two causes of action—motor vehicle negligence and premises liability—against several named defendants and various Doe defendants. The first cause of action for negligence is alleged against all defendants, including the...

Excerpt: ...and We Party, Inc. ("We Party"). Ren filed her original complaint on April 25, 2022 (Case No. 22CV397314), while she was represented by counsel. That complaint stated claims for: (1) Breach of Contract; (2) Breach of the Implied Covenant of Good Faith and Fair Dealing; (3) Promissory Estoppel; (4) Fraud; (5) Unfair Business Practice; (6) Unjust Enrichment; (7) Money Paid; (8) Accounting; and (9) Conspiracy. She alleged that defendants Wu, Hu, and...

Excerpt: ...(against Encore only); 2. Breach of Fiduciary Duty (against Vogel only); and 3. Declaratory Relief (against all Defendants). On March 27, 2023, the court heard Encore's demurrer to the complaint. The court overruled the demurrer to the second cause of action and sustained the demurrer to the third cause of action (based on application of the business judgment rule), with 10 days' leave to amend. In addition, the court denied Vogel's joinder to th...

Excerpt: ...confirm. The basis for Signature's opposition (and petition to vacate) is the fact that the arbitrator who awarded the attorney's fees and costs to Silva, Jonathan Polland, supposedly failed to disclose the fact that he teaches an American Arbitration Association (AAA) class called "Everything an Advocate Needs to Know About Winning Attorney's Fees and Costs in an Arbitration." According to Signature, the very title of this class evinces a bias i...

Excerpt: .... Pendar alleges that the County Medical Examiner took possession of Njawa Pendar's body shortly thereafter but failed to notify Pendar of his brother's death until December 26, 2022, more than three and a half months later. In his complaint, filed on April 10, 2023, Pendar asserts three causes of action against the County: (1) Negligence; (2) Negligent Infliction of Emotional Distress; and (3) Violation of the Unruh Civil Rights Act ("Unruh Act"...

Excerpt: ...presented when the original complaint was filed. Vo brought a motion for preliminary injunction which was denied by the court (Judge Williams) on January 11, 2022. Defendant Truong then brought a demurrer to both causes of action alleged in the original complaint. Plaintiff Vo failed to file any opposition to this demurrer and on March 10, 2022 the court (Judge Kirwan) adopted its uncontested tentative ruling sustaining the demurrer with 10 days'...

Excerpt: ... Plaintiffs' original complaint was filed on January 27, 2021. It stated four causes of action: (1) Unjust Enrichment; (2) Negligence; (3) Fraud, and (4) Breach of Contract against two defendants, ATI and Berkeley Insurance Company, alleged to be ATI's bonding company. Attached to the complaint as exhibit A was a copy of the contract ("Work Proposal and Authorization") between Plaintiffs and ATI. The operative First Amended Complaint ("FAC") was ...

Excerpt: ...Diamond Elevator propounded to Defendant John Construction, lnc„ its Form Interrogatories, which included a Request for Admissions, Special Interrogatories, and Requests for Production, Set One. When Defendant did not respond to the discovery, Plaintiff filed its motion to compel. Defendant failed to file an opposition to the motion to compel. A hearing on the motion was held on August 1, 2023. At the hearing, Judge Chung continued the motion t...

Excerpt: ...rchard City Holdings, Inc. at an unspecified date. (ld. at 8.) Hix worked for RealPage as a "System Administrator" from September 2017 until his termination on September 30, 2019. (Ibid.) On March 3, 2020, an amendment substituted "Orchard City Holdings, Inc." ("Orchard") in place of Doe 1. On April 14, 2021, an amendment substituted "Thomas Harrington" for Doe 2 and "Jonathan Harrington" for Doe 3 (collectively, "Harrington Defendants"). Current...