Excerpt: ...ORB. Paragraph T.2 clearly states the requirements for submitting a dispute to a DRB: "If at any time, any dispute shall arise between CONTRACTOR and SUBCONTRATOR it is agreed LAW AND MOTION TENTATIVE RULINGS DATE: APRIL 27,2023 IME: 8:30 A.M. Page 2 of 9 that CONTRACTOR and SUBCONTRACTOR shall, as a condition precedent, meet and confer to discuss and attempt to resolve the dispute (the CONTRACTOR and SUBCONTRACTOR will be obligated to attend a "...

Excerpt: ... Janet Marshall, allege they had verbal rental agreements to live in separate units on Hawkins' Boulder Creek property. Latin says he lived there since September 2017 and Marshall lived there since 2013. They claim to LAW AND MOTION TENTATIVE RULINGS DATE: APRIL 26, 2023 IME: 8:30 A.M. Page 2 of 9 have paid Hawkins $400 per month in cash. In 2019, immediately priorto Hawkins' death, Defendant Steve Kobold (Hawkins' nephew) moved onto the property...

Excerpt: ...he claims in the proposed cross-complaint arise from the same series of transactions between the parties, and thus the Court will grant the motion. (Code of Civ. Pro. S 426.50.) DEFENDANT RIZWAN AMANUDDIN'S MOTION FOR SUMMARY ADJUDICATION Defendant moves for summary adjudication as to the Plaintiffs' prayer for punitive damages. As explained below, Defendant's motion is denied. 1. Legal Standard Cal Civ Code S 3294 When permitted (a) In an action...

Excerpt: ...nt was for $33,519.55 and the date of contract was April 12, 2008. (Complaint at p. 14.) Attached to the complaint is "Non- Negotiable Credit Agreement" signed by the Nunns. (Complaint, Ex. A at p. 26.) Thereafter, the loan defaulted. Bank of America charged-off and sold the debtto SLS. SLS contends the contract between the Nunns and Bank of America is an installment contract and the four-year statute of limitations began to run against each inst...

Excerpt: ...en paid. (FAC 9107) Plaintiff claims those were false statements because this action was pending and Defendants still owed Plaintiff money for the retaining wall problems. Plaintiff further claims Defendants did not meet various notice and certification requirements for voluntary dissolution procedures. (FAC 9108) Plaintiff lacks standing to directly attack the dissolution process because she is not a shareholder. While she is certainly able to a...

Excerpt: ..., the court appointed Ms. Bey as the guardian ad litem for "LB". Ms. Bey and L.B. later substituted their current counsel as their counsel of record. Ms. Cosby has filed no pleadings or papers on her own behalf. l. The Controlling Provisions of the Government Tort Claims Act Government Code S 946.6(b)(1)-(3) specifically requires a petition for an order relieving petitioner from compliance with the claims presentation requirements of Gov. Code 59...

Excerpt: ...d to but denied the discovery. Doppes v. Bentley Motors, Inc. (2CG) 174 cal.App.4th 967, 991-992. section 2023.030 authorizes a trial court to impose monetary sanctions, issue sanctions, evidence sanctions, or terminating sanctons against "anyone engaging in conduct that is a misuse of the discovery process." Doppes v. Bentley Motors, Inc., supra, 174 Cal.App.4th at 991. The trial court may impose a terminating sanction for discovery abuse after ...

Excerpt: ... 17-day trial related to Plaintiff's termination from employment as a custodian. Plaintiff moves for an award of attorneys' fees in the amount of $9,611,749 as a FEHA prevailing plaintiff. Government Code 512965(b). Defendant opposes the motion on the grounds that Plaintiff's counsels' rates are inflated, that fees should not be awarded for losing motions, overstaffng and block billing, that the multiplier figure is without sufficient basis, and ...

Excerpt: ...ng "General Provisions," states: The internal laws of the State of Colorado shall govern this Agreement. The parties further agree that the State Courts of Colorado shall have exclusive jurisdiction and venue to determine any disputes arising from or relating in any way to this Agreement or otherwise relating to the parties' relationship. Defendants Biffe, Fineman, Kuenne, Lareau, and Scaglione were employees of 20/20 in September 2015 and therea...

Excerpt: ... approximately six months in 2021-2022. She sues for various Labor Code wage and hour violations on her own behalf and as a class, and includes PAGA claims. Plaintiff states that she has been a California resident for four years, was hired by Defendant in Santa Cruz, California and during the onboarding process, was given several documents to sign. (Ortega Decl. 92) She was told to sign all the documents and did not have any opportunity to negoti...

Excerpt: ...adversely affecting that division." ] The court presiding over a marital dissolution action has jurisdiction to inquire into and render any judgment and make orders that are appropriate concerning the settlement of the property rights of the parties, including how those property rights may apply to properly joined third parties. Glade v. Glade (1995) 38 Cal.App.4th 1441, 1452; Family Code S2021(a) ["...[T]he court may order that a person who clai...

Excerpt: ...ice. Calvert v. Binali (2018) 29 Cal.App.5th 954, 950. When the lack of jurisdiction appears on the face of the judgment roll, the effect is that the judgment is a nullity. ld. at 961. Neither tme (laches) or substantial compliance with the service by publication rules will suffce to resurrect a void judgment; a void judgment is subject to challenge at any tme and strict compliance with publication service rules is required. ld. at 963; Sanford v...

Excerpt: ...ings may be made at anytime either prior to the trial or at the trial itself." Stoops v. Abbassi (2002) 100 Cal.App.4th 644, 650. "The motion normally lies only for defects fully disclosed on the face of the pleading under attack or by matters of which judicial notice may be taken. Declarations or other extrinsic matters are improper." Weil & Brown Civil Procedure Before Trial (The Rutter Group 2022) 7•.322; code of Civil Procedure 5438. Respon...

Excerpt: ...'s Fees and Costs • Declaration of Rinat K. Erlich A prevailing defendant seeking fees and costs in connection with anti-SLAPP litigation has the burden of establishing "'entitlement to an award and documenting the appropriate hours expended and hourly rates.' To that end, the court may require [al defendant[] to produce records sufficient to prov-de ' "a proper basis for determining how much tme was spent on particular claims." ' The court als...

Excerpt: ...he adequacy of the responses. It is not clear from the moving papers whether the responses were verified. The court is under the impression they were verified as this issue was not raised in the motion. Defendant prov-des a separate statement as to the requests as issue (the request and the response). Defendant attaches a copy of the meet and confer efforts between the parties. The parties stipulated, in writing, the last day to file a motion to ...

Excerpt: ...W were introduced to him by the other defendants to handle his visa application, and they were the parties who organized GOLDEN STATE. The Complaint also identifies them as the parties who falsified visa applications, what the applications stated, when they were submitted, etc. (Complaint "26-27) HU alleges attorney WANG and the firm knew of the immigration and investment scheme perpetrated by the other defendants. (Complaint "22-30) He identifie...

Excerpt: ...erly joined. l. THE ALLEGATIONS OF THE FIRST AMENDED COMPLAINT Plaintiff Koghan lives on 1450 Glen Canyon Road. Defendants are "the owners and/or drivers in possession and control of certain motor vehicles driven in the recent past on Glen Canyon Road past Plaintiff's home and those of his neighbors at excessive speed and recklessness." (FAC '12). "At all times...each of the defendants was operating his or her own motor vehicle...or had authorize...

Excerpt: ... is based on a different liability theory than his government claim, he fails to plead dangerous condition of public property with adequate specificity, and fails to validly plead vicarious liability. 1. Naming the "State" is sufficient: State contends that Plaintiff failed to specify the proper state agency in his complaint. State cites to a case related to discovery of documents from nonparty state agencies to support this proposition. See Peop...

Excerpt: ...esent a late claim was made to the board under Gov't Code 5911.4 and that the application was denied or deemed denied; o The reason a claim was not presented within the time specified in the Gov't Code S 911.1(a); and o The information required by Gov't Code S 910 (1 Coates et al Cal. Prac. Guide - Government Tort Liability Practice (CEB 2022) S 7.64.) "Before a court can grant relief, a potential plaintiff must first establish by a preponderance...

Excerpt: ... take other measures to protect students, and were aware of the specific threat or risk posed by the student who killed Gerardo since he had attacked another student with a knife. (Amended Complaint ¶¶ 17-21, 35, 37-38, 40-42, 44, 45, 48, 49, 53-56, 65) These facts at the pleading stage are sufficient to show willful and conscious disregard of the rights or safety of others....

Excerpt: ... plaintiff, in a two-page filing, opposed the motion. The court denied defendant's motion to compel arbitration. LAW AND MOTION TENTATIVE RULINGS DATE: MARCH 6, 2023 TIME: 8:30 A.M. 2 On 12/3//21 FCA moved for a protective order, which defendant opposed. The court granted defendant's motion in part and overruled it, in part. On 9/7/ 2022, plaintiff moved ex parte for an order shortening time to have his motion to compel the deposition of FCA's pe...

Excerpt: ...abor Code. Plaintiff's motion is also granted as to personal liability by Dr. Thalia Ramanujam for violations of the Labor Code as to the aforementioned claims. Defendants' remaining claims of theft, conversion and deceit in their First Amended Cross-Complaint are subject to summary judgment since no reasonable jury could find evidence that Plaintiff falsified her time records. I. INTRODUCTION This is an action for wage and hour violations brough...

Excerpt: ...gment as a matter of law but would have to present his evidence to a trier of fact.” (Weil & Brown Civil Procedure. Before Trial (the Rutter Group, 2022) at § 10:240 citing Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 851.) It is not enough that defendant point out that plaintiff has no evidence as to a key element, rather “Defendant must also produce evidence showing plaintiff cannot reasonably obtain evidence to support that cl...

Excerpt: ...ir homes and yards and that such intrusion would be highly offensive to a reasonable person. (SAC ¶¶ 45-46) The TAC alleges that a person standing on Defendants' first level deck would be 6-7 feet above Plaintiffs' adjacent privacy fences, that the elevated decks allow persons standing on them an unobstructed view into neighboring backyards and home interiors (living room, dining and kitchen), and homes in the neighborhood are not typically con...

Excerpt: ...ees: • Kenneth A. Kecskes, Partner: $875/hr x 3.9 hrs = $3,412.50 • Matthew G. Ball, Partner: $1,050/hr x 15.6 hrs = $16,380.00 • Zachary T. Timm, Associate: $705/hr x 4.1 hrs = $2,890.50 • David A. Dunbar, Paralegal: $470/hr x 10.2 hrs = $4,794.00 • Mary K. Thurston, Research Analyst: $295/hr x 0.2 hrs = $59.00 All costs in the Memorandum of Costs appear proper and reasonable. This case involved a complaint for breach of contract (file...