Excerpt: ...ertence, surprise, or excusable neglect.” CCP § 473(b). Application “shall be made within a reasonable time, in no case exceeding six months, after the … dismissal.” CCP § 473(b). A moving party must show diligence. Kendall. Barker (1988) 197 Cal. App. 3d 619, 625. What is a reasonable time in any case depends upon the circumstances of that particular case and there must be some showing, some evidence, as the basis for the exercise of t...

Excerpt: ...s 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 Industries Inc. (2010) 189 Cal. App. 4th 562. The purpose of PAGA is not to recover damages or restitution, but to create a means of “deputizing” citizens as private attorneys general to enforce the Labor Code; th...

Excerpt: ...017) 13 Cal.App.5th 880, 891. However, the parties may delegate resolution of these issues to the arbitrator as long as there is clear and unmistakable evidence they intended to do so and the delegation clause is not revocable on state law grounds such as fraud, duress or unconscionability. Pinela v. Neiman Marcus Group, Inc. (2015) 238 Cal.App.4th 227, 239‐ 240. The Arbitration Agreement entered on behalf of Decedent and Defendant on March 20,...

Excerpt: ..., in part: (a) On motion of any party, the court may grant leave to complete discovery proceedings, or to have a motion concerning discovery heard, closer to the initial trial date, or to reopen discovery after a new trial date has been set. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. (b) In exercising its discretion to grant or deny this motion, the court shall take into consideration any matter rele...

Excerpt: ...ially noticeable as records of any court in the United States, Evidence Code 452(d). Defendants have objected to the request on the grounds of relevance. The requested documents relate to different cases, concerning similar subject matter, that is, efforts to enforce arbitration agreements in Song‐Beverly actions. Judicial notice is appropriate for the records of any court in this state. Evidence Code § 452(d). However, “the truth of stateme...

Excerpt: ...irst time, presented evidence and arguments in the Reply. Plaintiff does not specify which evidence and arguments this applies to. There was no new evidence provided, only a Request for Judicial Notice that was made separate in a separate pleading. The actual evidence had already been presented. The arguments made are either expanding on arguments in the moving papers or responding to issues raised in the Opposition. The Court considers the Reply...

Excerpt: ...f action against Defendants Hannah and Gary Borg. On December 7, 2020, a stipulation was filed to consolidate this action with Case No. 196131. On December 9, 2020, the Court executed the order consolidating the two files. Proofs of service were filed on July 7, 2021 which reflect Hannah Borg was served by certified mail on June 1, 2021 and that Gary Borg was substitute served on June 8, 2021. Both Gary and Hannah Borg were defaulted on July 22, ...

Excerpt: ...mplaint was filed on September 28, 2018. Defendants Prime Healthcare Shasta, LLC; Prime Healthcare Services, Inc.; MPT of Shasta, LP; and Prime Healthcare Management, Inc. filed their motion for summary judgment on October 9, 2020. The motion was continued several times, first on October 21, 2021, then on March 1, 2021, again on June 8, 2021, and finally on August 24, 2021. Factual Background: On October 6, 2016, Plaintiff was at SRMC for a nucle...

Excerpt: ...§ 8400 et seq. Once a mechanic's lien is recorded, the recording party has 90 days in which to file an action to foreclose. Civil Code § 8460. If an action is not recorded within the 90 day timeframe, the owner of the property may petition the Court to release the mechanic's lien. Civil Code § 8480. The procedural requirements for this statutory petition are provided in Civil Code §§ 8480 et seq. The Court finds that: the Petition has been p...

Excerpt: ...r work in this region. Said determination is not necessary based on the nature of the calculations and the Court's analysis of the applicable lodestar. 4 the attorney‐client relationship is grounds for allowing an attorney to withdraw. Estate of Falco v. Decker (1987) 188 Cal. App. 3d 1004, 1014. However, the Plaintiff in this case is a minor with an appointed Guardian Ad Litem (“GAL”). “[T]he court has a duty to see that the minor's righ...

Excerpt: ...usually be exercised liberally to permit amendment. Nestle v. Santa Monica (1972) 6 Cal. 3d 920, 939. “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious defense, it is not only error but an abuse of discretion.” Mor...

Excerpt: ...eys' Fees, Costs, and Enhancement Payment was filed on August 23, 2021, along with supporting declarations. The motion is unopposed. As a preliminary matter, the Court approves Plaintiff's request to exceed the page limit for the memorandum pursuant to CRC 3.1113(e). Final Approval of the Settlement: The parties have agreed to settle the case for $880,000. The breakdown of the settlement is: Total Settlement Amount $880,000.00 Proposed Attorneys'...

Excerpt: ...(d) and 453. Defendants' Objections to Plaintiff's Evidence. Defendant objects to ¶ 2 of the Declaration of Claudia Brisson which reads, “Plaintiff has not been able to conduct any discovery in this case.” Defendant objects on the grounds that this is a misstatement of the law and the facts of this case. The Court overrules this objection. Defendant objects to ¶ 4 which reads, ““Plaintiff does not have and has not been able to obtain cr...

Excerpt: ...in its ruling of April 28, 2021 finding that the statutory mechanism of enforcement under CCP § 664.6 wasn't available. At the time of counsel's execution of the settlement agreement, CCP § 664.6 only permitted enforcement if the agreement was signed by the parties. CCP § 664.6 was amended effective January 1, 2021 to permit enforcement (by entry of judgment) of a settlement agreement signed by counsel. The Court found (in its April 28, 2021 r...

Excerpt: ...ught pursuant to CCP § 2031.310 shall be accompanied by a meet and confer declaration. CCP § 2031.310(b)(2). “A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” CCP § 2016.040. The Declaration of Stewart C. Altemus describes the meet and confer efforts he has made to resolve the issue with Plaintiff's counsel. T...

Excerpt: ...of Motion: The Federal Arbitration Act and controlling California authority require the Court to enforce a parties' Arbitration Agreement and compel arbitration on all arbitrable claims. Dean Witter Reynolds, Inc. v. Byrd (1985) 470 U.S. 213, 218. In deciding a motion to compel arbitration, the Court's role is limited to answering two questions: 1) does a valid agreement to arbitrate exist; and, if it does; 2) does the arbitration agreement encom...

Excerpt: ... and Crown. Plaintiff alleges various statutory violations of the SongBeverly Act and fraud by omission against Ford. Plaintiff alleges a single cause of action of negligence against Crown. None of the complaint's allegations relate to a term or obligation imposed by the Sale Contract between Plaintiff and Team Ford. Defendants separately seek to compel arbitration based on the Arbitration Provision in the Sales Contract which states in pertinent...

Excerpt: ...ice identified 32 areas of inquiry and demanded production of 28 categories of documents including any and all documents related to certain recalls and technical bulletins. On April 23, 2021, GM served a 32 page response setting forth various objections to the categories of inquiry and the request for production. After a brief and meet and confer process, GM offered to proceed with a deposition but subject to terms that were not acceptable to the...

Excerpt: ...sed liberally to permit amendment. Nestle v. Santa Monica (1972) 6 Cal. 3d 920, 939. “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious defense, it is not only error but an abuse of discretion.” Morgan v. Sup.Ct. (1...

Excerpt: ...ealing fail as a matter of law on the grounds that plaintiffs made material misrepresentations during their claim that vitiated coverage under their Integon policy. Issue No. 2. Integon is entitled to summary adjudication on the grounds the undisputed facts establish plaintiffs' unclean hands bars plaintiffs' first cause of action for breach of contract against Integon. Issue No. 3. Integon is entitled to summary adjudication on the grounds the u...

Excerpt: ...lleges that the Third Amended Complaint is barred by public immunity. The Demurrer is unopposed. Cause of Action No. 1 (FEHA): Plaintiff's first cause of action is an alleged hostile work environment citing to Gov't Code § 12940(j) of FEHA. FEHA protects against discrimination against identified protected classes. The Third Amended Complaint fails to identify any protected class to which Plaintiff belonged. Without discrimination, harassment or ...

Excerpt: ..., Defendant also moves to exclude evidence regarding the revocation/alleged revocation of Millville Grange's Charter. In its moving papers, Defendant argues that Plaintiff has sued the wrong party. The Second Cause of Action alleged is Cancellation of Deed and Quiet Title. Defendant currently holds title to the real property at issue. In a quiet title action,"[t]he plaintiff shall name as defendants in the action the persons having adverse claims...

Excerpt: ... Motion for Reconsideration. Plaintiff opposes the motion and seeks sanctions. Defendant's Request for Judicial Notice. Granted. Plaintiff's Objections to Defendant's Evidence. Plaintiff makes 19 objections to various portions of the Declaration of John P. Kelley. Objections 1‐17 and 19. Overruled. Objection 18. Sustained only as to “He was asked if he knew his deposition had been noticed for April 28 and he again said ‘no.'” Merits. Moti...

Excerpt: .... Santa Monica (1972) 6 Cal. 3d 920, 939. “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious defense, it is not only error but an abuse of discretion.” Morgan v. Sup.Ct. (1959) 172 Cal.App.2d 527, 530. Defendants se...

Excerpt: ...f of service does not explicitly state that service was personal, however, it does contain information that is generally only provided with personal service, i.e., the specific time of service and physical description of the person served. As it appears that Respondent was timely served, the Court is exercising its discretion to accept the proof of service and issue a ruling on the merits. Merits. “[T]he Legislature has expressed a strong publi...