Excerpt: ...ase No. RG08414643 (JN‐2), 3) Smiley v. Citibank (1996) 517 U.S. 735 (JN‐3), 4) 12 US Code § 85 (JN‐4), 5) Beneficial Nat. Bank v. Anderson (2003) 538 U.S. 1 (JN‐5), 12 Code of Federal Regulations § 7.4001 (JN‐6). Judicial notice is of the above‐listed items is proper. However, with respect to Item 1, the Court notes that rulings of another Superior Court are not binding authority. With respect to Item 2, the Court will take judicia...

Excerpt: ... this community. The rates will be reduced as described below. Defendant argues that all time incurred after an initial 998 Offer should be stricken. However, Plaintiff establishes that the initial 998 Offer was appropriately objected to on multiple grounds with no response or amendment by Defendant, requiring litigation to continue. The total number of hours will not be reduced. Costs will be awarded. Defendant's Evidentiary Objections: Defendan...

Excerpt: ...cise its discretion and consider the motion on the merits. Plaintiff opposes the consideration of the untimely motion but does not claim that he will be prejudiced in any manner. The motion was filed at an early stage of the litigation and without substantial delay. Without any prejudice to Plaintiff, the Court will exercise its discretion and consider the late filed motion. The request is GRANTED. A proposed order was lodged with the Court and w...

Excerpt: ...efendant Team RV Management, LLC to Serve Responses Request for Production of Documents, Set One. Defendant Team RV Management, LLC filed a joint Opposition in which all three motions were addressed. The Reply also addresses all three motions. Due to the manner of the briefing, the Court is issuing one tentative ruling that will address all three motions. Request for Continuance. In the Opposition, Defendant requested that the three motions to co...

Excerpt: ...“Long”) opposes the motion requests the Court order Simonis to file an undertaking. The parties to these actions were involved in a long term on again, off again, romantic non‐ marital relationship which ended sometime before Simonis filed the Declaratory Relief action against Long in October of 2021. Thereafter, Long filed the UD action against Simonis. Both actions relate to the parties' rights and obligations pertaining to certain real p...

Excerpt: ... arises from whether the protective order should include a “sharing” provision that would permit Plaintiffs' counsel to keep the documents in perpetuity and disclose them to attorneys with similar claims. Merits of Motion: Defendants seek a protective order pursuant to CCP §§ 2017.20 and 2019.030. The parties agree that discovery will require Defendants to produce proprietary and confidential information. The parties also agree that a prote...

Excerpt: ...briefing. The proposed class is defined “As all non‐exempt hourly employees of Frozen Gourmet, Inc. who performed work in California at any time during the period of October 6, 2017 through October 1, 2021. The PAGA period is September 23, 2020, through the date of settlement approval or judgment. The proposed class members are approximately 25 former and current employees of Defendant. The proposed settlement is: Total Settlement Amount $180...

Excerpt: ...costs, including attorney's fees. Civil Code § 1794(d). The attorney's fee award is limited to the amount the court determines was reasonably incurred by the buyer in commencing and prosecuting the action, based on actual time expended. The prevailing buyer has the burden of proving the fees were both reasonably necessary to conduct the litigation and reasonable in amount. Civil Code § 1794(d); Robertson v. Fleetwood Travel Trailers of Californ...

Excerpt: ... A” are ordered to sign that “Agreement to Share Maintenance Expenses” and to have that signed document recorded on all properties identified in that document. Should any party not comply with the above any party can petition the court to enforce the order. The undersigned recommends to the Court that attorney's fees be awarded to any party that is required to petition the Court to enforce this order. Second Arbitration Decision dated Febru...

Excerpt: ...be granted when there is no triable issue of fact. CCP § 437c. A motion for summary adjudication may be made by itself or as an alternative to a motion for summary judgment and shall proceed in all procedural respects as a motion for summary judgment. CCP § 437c(f)(2). Either type of motion shall be granted if all the papers submitted show that there is no triable issue of material fact and that the moving party is entitled to judgment as a mat...

Excerpt: ...k; or from matters outside the pleading that are judicially noticeable. Blank v. Kirwan (1985) 39 C3d 311, 318. “Face of the complaint” includes matters shown in exhibits attached to the complaint and incorporated by reference; or in a superseded complaint in the same action. Frantz v. Blackwell (1987) 189 CA3d 91, 94; Barnett v. Fireman's Fund Ins. Co. (2001) 90 CA4th 500, 505—“we rely on and accept as true the contents of the exhibits a...

Excerpt: ... he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of a written notice that the default or default judgment has been entered. (b) A notice of m...

Excerpt: ...s fees in the amount of $11,182.50 and costs of $1,868.90 pursuant to Civil Code § 798.85. Merits of Motion: The Mobilehome Residency Law provides procedures and remedies related to mobilehome parks. See Civil Code § 798 et seq. Section 798.88 of the Mobilehome Residency Law permits a mobilehome park to seek an injunction to stop violations of a reasonable rule or regulation. The Court shall issue the injunction if it finds the existence of a c...

Excerpt: ...'s fees in the amount of $11,094.75 and costs of $1,690.90 pursuant to Civil Code § 798.85. Merits of Motion: The Mobilehome Residency Law provides procedures and remedies related to mobilehome parks. See Civil Code § 798 et seq. Section 798.88 of the Mobilehome Residency Law permits a mobilehome park to seek an injunction to stop violations of a reasonable rule of regulation. The Court shall issue the injunction if it finds the existence of a ...

Excerpt: ...ormed work in California at any time during the period of October 6, 2017 through October 1, 2021. The PAGA period is September 23, 2020, through the date of settlement approval or judgment. The proposed class members are approximately 25 former and current employees of Defendant. The proposed settlement is: Total Settlement Amount $180,000.00 Proposed Attorneys' Fees (up to 35%) ‐$63,000.00 Litigation Costs and Expenses (up to) ‐$12,000.00 S...

Excerpt: ...Safety Code § 11470. The judicial and/or administrative procedure for forfeiture is laid out generally in Health and Safety Code §§ 11488.4 and 11488.5. For a judicial forfeiture the District Attorney's Office (or other agency) is required to file a Petition for Forfeiture. Health and Safety Code § 11488.4(a). The Petition for Forfeiture must be served on the individuals from whom the property was seized. Health and Safety Code § 11488.5(c)....

Excerpt: ...re fiduciaries and owe a duty of support in the family law context, but these duties do not create a power to contractually bind each other in the agency context. Flores v. Evergreen at San Diego, LLC (2007) 148 Cal.App.4th 581, 589. Decedent executed a Springing Durable Power of Attorney designating Barbara Towne, to become effective “only on the incapacity of the undersigned principal …when the Attorney‐In‐ Fact receives a written and 3...

Excerpt: ...ays prior to the hearing as required by CCP § 1005(b). Plaintiffs filed a substantive Reply on April 6, 2022. The Court continued the hearing due to insufficient time for the Court to review the Opposition and Reply, but did not make any findings regarding the late filing. After reviewing both the Opposition and Reply, the Court should consider finding that the Opposition was filed late due to excusable neglect and inadvertent mistake and that P...

Excerpt: ...nt. Merits of Motion: Plaintiff has alleged a common count causes of action to collect on a debt. “The only essential allegations of a common count are ‘(1) the statement of indebtedness in a certain sum, (2) the consideration, i.e., goods sold, work done, etc., and (3) nonpayment.'” Farmers Ins. Exchange v. Zerin (1997) 53 Cal.App.4th 445, 460. The complaint contains a statement of the indebtedness, that money was loaned, that the there is...

Excerpt: ...(d). The attorney's fee award is limited to the amount the court determines was reasonably incurred by the buyer in commencing and prosecuting the action, based on actual time expended. The prevailing buyer has the burden of proving the fees were both reasonably necessary to conduct the litigation and reasonable in amount. Civil Code § 1794(d); Robertson v. Fleetwood Travel Trailers of California, Inc., (2006) 144 Cal. App. 4th 785. The lodestar...

Excerpt: ...can also be brought on the grounds that the pleading is “uncertain.” CCP § 430.10(f). A complaint, or causes of action therein, are subject to demurrer for uncertainty if it is so uncertain that a defendant cannot reasonably respond. Khoury v. Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612, 616. A demurrer can be used to challenge defects that appear on the face of the complaint or from matters that may be subject to judicial notice. Blank...

Excerpt: ...ays prior to the hearing as required by CCP § 1005(b). Plaintiffs filed a substantive Reply on April 6, 2022. The Court continued the hearing due to insufficient time for the Court to review the Opposition and Reply, but did not make any findings regarding the late filing. After reviewing both the Opposition and Reply, the Court should consider finding that the Opposition was filed late due to excusable neglect and inadvertent mistake and that P...

Excerpt: ...o constitute a valid cause of action.” CCP § 430.10(e). A demurrer can also be brought on the grounds that the pleading is “uncertain.” CCP § 430.10(f). A complaint, or causes of action therein, are subject to demurrer for uncertainty if it is so uncertain that a defendant cannot reasonably respond. Khoury v. Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612, 616. A demurrer can be used to challenge defects that appear on the face of the c...

Excerpt: ...0(e). A demurrer can be used to challenge defects that appear on the face of the complaint or from matters that may be subject to judicial notice. Blank v. Kirwan (1985) 39 Cal. 3d 311, 318. The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.” Hood v. Hacienda La Puente Unified School District (1998) 65 Cal.App.4th 435, 438. No matter how unlikely, a...

Excerpt: ... The settlement amount is $112,500. PAGA Settlements: The Private Attorneys General Act of 2004 (“PAGA”) is codified in Lab. Code §§ 2698, et seq. In bringing a PAGA action, an aggrieved employee acts as the proxy or agent of state labor law enforcement agencies, representing the same legal right and interest as those agencies, in a proceeding that is designed to protect the public, not to benefit private parties. Villacres v. ABM Industrie...