Excerpt: ...fendant Bonna Johnson, Plaintiff's Motion to Compel Responses to Plaintiff's Form Interrogatories by Defendant Bonna Johnson, and Plaintiff's Moton for Order Deeming Facts Admitted, all of which were filed on August 17, 2023. Attached to each motion is a proof of service indicating that Defendant Johnson was served by mail on August 16, 2023. The moving papers were mailed from California to Virginia. unless otherwise ordered or specifically provi...

Excerpt: ...object to the Court preliminarily approving the settlement. This matter is post class certification. The Court has already certified the class, appointed the named Plaintiffs as class representatives, and appointed Kesluck, Silverstein, Jacob, & Morrison, P.C. and the Law Office of Edward Antonino P.C. as class counsel. The proposed settlement is as follows: Total Settlement Amount $250,000 Proposed Attorneys' Fees (33 %) $82,500 Litigation Costs...

Excerpt: ...rrer: Respondent City of Redding demurs to Petitioner Blake Simpson's Notice of Appeal on the grounds that it fails to state sufficient facts. The Court does not believe that Ms. Kafel-Hanna had any involvement in the investigation or adjudication of this case, but does disclose the relationship between the named party and the Court's first degree relative as required by the California Code of Judicial Ethics, Canon 3E(2). Merits of Motion: A gen...

Excerpt: ...tive Summary Adjudication of Plaintiff's claims alleging discrimination, harassment, retaliation, and other causes of action in violation of the California Fair Employment and Housing Act ("FEHA"), Pregnancy Disability Leave Law, and Labor Code. The Court's employment with the Attorney General was as a criminal prosecutor in the Sacramento office of the Special Prosecutions Section. This section is distinct in its duties and responsibilities from...

Excerpt: ...r to the hearing on a noticed motion. CCP S 1005(b). This motion is set for hearing on September 11, 2023. Plaintiff's Opposition was therefore due to be filed and served no later than August 28, 2023. Plaintiffs' Opposition to Defendant's Motions was filed September 1, 2023 (the due date for Defendant's Reply), and had been served on Defendant on August 31.2023. Cal. Rules of Court, Rule 3.1300(d) provides that a trial court has discretion to re...

Excerpt: ...ntiff's meet and confer efforts. Request for Judicial Notice. Pursuant to Evid. Code SS 452(d) and 453, the Court takes judicial notice of the Court's Order dated June 28, 2023 from Plaintiff's Motion for Order That Matters in Request for Admissions of Truth of Facts Be Admitted. Merits. CCP S 438(c)(1)(A) provides that a plaintiff may move for judgment on the pleadings if the complaint states sufficient facts to constitute a cause of action and ...

Excerpt: ...ability on behalf of Defendant. Standard on Demurrer: A general demurrer should be sustained if the complaint fails to "state facts sufficient to constitute a valid cause of action." CCP S 430.10(e). A demurrer also lies whether the pleading is uncertain which includes ambiguous or unintelligible causes of action. CCP S 430.10(f). A demurrer can be used to challenge defects that appear on the face of the complaint or from matters that may be subj...

Excerpt: ...show that there is no triable issue of material fact and that the moving party is entitled to judgment as a matter of law. Summary adjudication is appropriate if there is no merit to particular cause of action, affirmative defense, claim for damages or issue of duty. CCP S 437c(f)(1). "A defendant...has met his or her burden of showing that a cause of action has no merit if the party has shown that one or more elements of the cause of action, eve...

Excerpt: ... 3.769. Defendant has filed a Statement of Non-opposition to the Motion. This matter was heard on July 24, 2023, and continued to allow Plaintiff to supplement the Motion. Plaintiff has filed supplemental briefing and declarations which address the concerns raised by the Court in its July 24, 2023 tentative ruling. The class is defined as "all current and former non-exempt employees employed by California Mentor Family Home Agency, LLC in Califor...

Excerpt: ...l file and serve with the motion for judgment on the pleadings a 3 declaration stating" the attempts made to meet and confer. CCP S The Declaration of William Bliss provides sufficient evidence of Plaintiff's meet and confer efforts. Merits of Motion: CCP S 438(c)(1)(A) provides that a plaintiff may move for judgment on the pleadings if the complaint states suffcient facts to constitute a cause of action and the answer does not state facts suffic...

Excerpt: ...equest is GRANTED; however, the Court notes that the rulings are not binding on this court and their persuasive value is extremely limited as the rulings pertain to hourly rates of other legal communities. Objections: Defendants objections are OVERRULED. Authority: The Song-Beverly Act contains a cost-shifting provision that specifically allows prevailing buyers to recover their costs, including attorney's fees. Civ. C. S 1794(d). The attorney's ...

Excerpt: ...o "state facts sufficient to constitute a valid cause of action." CCP S 430.10(e). A demurrer also lies when the pleading is uncertain which includes ambiguous or unintelligible causes of action. CCP S 430.10(f). 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[sl the demurrer as admitting all ma...

Excerpt: ...1W5(b) requires sixteen court days' notice. The Proof of Services prov-des that Plaintiff was served by mail on August 7, 2023. Because the 6 Demurrer was served by mail, five days are added to the notce period. CCP S IW5(b). Therefore, the Demurrer was filed and noticed late. However, a party who contests a motion on the merits without objecting to a defect or irregularity in the notice of motion, including the failure to serve a notice of motio...

Excerpt: ...uest for Judicial Notice: GRANTED. Plaintiffs' Objections to Evidence: Plaintiffs have provided 8 objections. The objections are OVERRULED. Moton for Summary Judgment/Adjudication: CCP S 437c(c) states a motion for summary judgment 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 matter of law. Summary adjudication is appropriate there is no me...

Excerpt: ...f Motion: The Private Attorneys General Act of 2004 ("PAGA") is codified in Lab. Code SS 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 Industries Inc. (2010) 189 Cal. App. 4th 562. The purpose o...

Excerpt: ...tion was untimely. The Court will exercise its' discretion and consider the late opposition. Merits of Motion: CCP S 428.50(b) provides the court with authority to grant leave to file a crosscomplaint in the interests of justice. The proposed cross-complaint for indemnity relates to the same parties and relates to the same issue arising from the slip and fall incident. The Court finds that allowing the filing of the cross-complaint would be in th...

Excerpt: ...eglect was excusable, the "court inquires whether 'a reasonably prudent person under the same or similar circumstances might have made the same error." Garcia v. Hejmadi (1997) 58 Cal.App.4th 674, 682. The burden is on the moving party to show that the neglect was excusable: i.e., that the default could not have been avoided through the exercise of ordinary care. Jackson v. Bank of America (1983) 141 Cal.App.3d 55, 58. The moving party has the bu...

Excerpt: ...f $4,222.50. Merits of Motion: A Notce of Pendency of Action also known as a lis pendens can be recorded against real property that is subject to litigation. The lis pendens can be expunged (removed) during the pendency of the action if the pleading on which the notice is based does not contain a real property claim. CRC S 405.31. A real property claim in the context of lis pendens is defined as "the cause or causes of action in a pleading which ...

Excerpt: ... arbitration of Plaintiff's individual labor code and PAGA claims, to dismiss her class claims, and to stay her representative PAGA claim. The parties agree that Plaintiff signed a Mutual Agreement to Arbitrate on March 14, 2014 ("the Agreement"). Plaintiff contends the Agreement is superseded by Plaintiff's rejection of a subsequent arbitration agreement that was presented to her some time in 2018. Plaintiff also argues the Agreement is unconsci...

Excerpt: ...Real Party in Interest Robert J. Frank Construction, lnc ("RJF"). Plaintiff was the next lowest bidder and alleges that the RJF bid was nonresponsive due to what Plaintiff alleges is a material deviation between the Subcontractor List and the Certified DV8E Summary. Evidentiary Objections. Defendant's evidentiary objections are overruled. Merits of Motion. The standard for a preliminary injunction is set forth in CCP S 525 et seq. To obtain a pre...

Excerpt: ...a MyDung Quang, M.D., and Christine Bui, D.O: Defendants David Valencia, D.O., Alicia Cherice Ruth Daisley, M.D„ Angela My-Dung Quang M.D., and Christine aui, D.O. demur to the Second Amended Complaint pursuant to CCP SS 430.10(e) and (f). Plaintiff, Richard Morey, by and through his Successor-In Interest, Denise Morey opposes the Demurrer. Meet and confer. CCP S 430.41 requires the demurring party to "meet and confer in person or by telephone ...

Excerpt: ...r Judicial Notice. Pursuant to Evid. Code S 452(c), Defendant requests the Court take judicial notice of ten rulings from various state courts. The Court takes judicial notce pursuant to Evid. Code SS 452(d) and 453. Merits. As a preliminary matter, Defendant asserts that the Federal Arbitration Act applies. Plaintiff does challenge this assertion. Defendant has presented evidence of Defendant's participation in interstate commerce. The agreement...

Excerpt: ...ses the Demurrer. Meet and confer. CCP S 430.41 requires the demurring party to "meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer." The Declaration of Mark A. Muro, filed in support of the Demurrer, shows sufficient efforts made by Defendants to meet and confer...

Excerpt: ...ses the Demurrer. Meet and confer. CCP S 430.41 requires the demurring party to "meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer." The Declaration of Mark A. Muro, filed in support of the Demurrer, shows sufficient efforts made by Defendants to meet and confer...

Excerpt: ...hirty days after service to respond to a Request for Production, Request for Admissions, Form Interrogatories, or Special Interrogatories. See CCP SS 2031.250(a), 2033.250(a), and 6 2030.260(a). Not provding a timely response to propounded discovery results in a waiver of objections. CCP SS 2031.300(a). 2033.280(a), and 2030.290(a). If a party to whom a discovery request is directed fails to serve a timely response, the party propounding discover...

Excerpt: ...ty due to his or her mistake, surprise, inadvertence or excusable neglect. The application for relief must be brought within a reasonable time not to exceed six months after the challenged order. CCP S 473(b). CCP S 473(b) is to be liberally construed to further the policy of adjudicating legal controversies on the merits. Younessi v. Woolf (2016) 244 Cal.App.4th 1137, 1146. As for the discretionary relief sought by Defendants, it is incomplete. ...

Excerpt: ...rsuing wrongful death or survivor actions against the various defendants. On May 1, 2023, the Court denied a motion to compel arbitration that would have required the Plaintiffs associated with 4 of the 15 elderly decedents to proceed solely in arbitration. Defendants appealed that order which resulted in a stay of this proceeding as to the claims associated with the 4 out of the 15 elderly decedents. Based on the overlapping issues between the t...

Excerpt: ...3 U.S. Currency v. Randall Keith Laskowsky and Transpart Warehouse, Inc., Case No. 20 MSE 0002, after hearing on June 15, 2020, pursuant to Penal Code SS 1539 and 1540. The June 2020 Order directed the return of monies seized pursuant to Shasta County Search warrant #2020-149, from a Chase Account 2991, and a Tri-Counties Account 4399. The Court issued a second Order, on October 1, 2021 in the consolidated asset forfeiture acton Case Nos. 195245/...

Excerpt: ... each request for a continuance must be considered on its own merits. The court may grant a continuance only on an affirmative showing of good cause requiring the continuance." CRC 3.1332(c). "A party's excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts" is a circumstance that may constitute good cause. CRC 3.1332(c)(6). There are several factors that the Court must consider including: ...

Excerpt: ... 3.769. Defendant has filed a Statement of Non-oppositon tothe Motion. The proposed class is defined as "all current and former non-exempt employees employed by California Mentor Family Home Agency, LLC in California at any time from May 5, 2017 through December 20, 2022, except during the time period(s) in which they held the positions of Mentor Recruiter, Mentor Recruiter, CA, or Mentor Recruiter, CA or Mentor Recruitment Specialist." The PAGA ...

Excerpt: ...1194), failure to prov-de legally compliance rest and meal breaks (Labor Code SS 225.6, 226.7 & 512), failure to issue accurately itemized wage statements (Labor Code SS 226(a) and 225.3), failure to pay wages (Labor Code S 2802) and failure to reimburse all necessary business expenses (Labor Code S 2802). The Private Attorneys General Act of 2004 ("PAGA") is codified in Lab. Code SS 2698, et seq. In bringing a PAGA action, an aggrieved employee ...

Excerpt: ...Court finds that regardless of the meet and confer requirements, Defendant provided evidence of sufficient meet and confer efforts. Merits. The motion is made pursuant to CCP S 2023.010, et seq and is characterized as Plaintiff's misuse of the discovery process. Misuses of the discovery process include, but are not limited to, the following: (b) using a discovery method in a manner that does not comply with its specified pruedures. (c) Employing ...

Excerpt: ...hich includes ambiguous or unintelligible causes of action. CCP S 430.10(f). 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...

Excerpt: ...o the discovery requests conditional upon the execution of a protective order. Thus the Court addresses herein only those matters on which the parties could not agree. Tentatve Ruling on Moton to Compel Further Responses to Special Interrogatories and Requests for Documents: Plaintiffs mcwe for an order compelling further responses to Special Interrogatories, Set One Nos. 2, 3, 20-23, 30 and 34. Merits of Motion: A party propounding interrogatori...

Excerpt: ...ings if the complaint states sufficient facts to constitute a cause of action and the answer does not state facts sufficient to constitute a defense to the complaint. The grounds for the motion shall appear on the face of the challenged pleading or from any other matter of which the court may take judicial notice. CCP S 438(d). The Court may take judicial notice of responses to discovery records pursuant to Evidence Code SS 452(d) and 453. Arce v...

Excerpt: ...by a declaration stating either that the parties met and conferred or that they were unable to meet and confer. CCP S 430.41(a)(3). Defendant General Motors LLC's Declaration Regarding Meet and Confer Efforts filed on June 26, 2023 satisfies the meet and confer requirement. Standards of Demurrer: A generally demurrer should be sustained if the complaint fails to "state facts sufficient to constitute a valid cause of action." CCP S 430.10(e). A de...

Excerpt: ...016.040; which went unanswered until after the instant Motion was served. The Court notes Plaintiff has failed to file a Separate Statement as required by CRC Rule 3.1345. The Court will nonetheless reach the merits of this motion. However, Plaintiff is directed to comply with the California Rules of Court in the future. Merits. This is an action brought under the Song-Beverly Act. Civil Code S 1790 et seq. To succeed on a claim, a plaintiff the ...

Excerpt: ..., setting a briefing schedule and today's hearing date. Plaintiff seeks a preliminary injunction preventing Defendant from dissipating funds and assets. Plaintiff argues that injunctive relief is needed to maintain the status quo while this matter proceeds to trial. Defendant opposes the preliminary injunction, arguing that it would impede his ability to make a living, and would violate his due process rights. Merits of Mohon. Although an OSC dir...

Excerpt: ...mand for inspection is directed fails to serve a timely response, the party making the 4 demand may move for an order compelling a response. CCP S 2031.300 (b). The party to whom the demand was directed waives any objection to the demand by not responding. CCP S 2031.300(a). Unlike a motion to compel further responses, a moton to compel responses when no responses have been provided does not require the propounding party to demonstrate good cause...

Excerpt: ...March 3, 2022 and codified in 9 U.S.C. SS 401-402. The Act reads that "no predispute arbitration agreement or predispute joint-action waiver shall be valid or enforceable with respect to a case which is filed under Federal, Tribal, or State law and relates to the sexual assault dispute or the sexual harassment dispute." 9 U.S.C. S 402(a). Because Plaintiff is a "person alleging conduct constituting a sexual harassment dispute or sexual assault di...

Excerpt: ...oinder to the motion on June 1, 2023. Plaintiff opposed the motion, which was originally set for hearing on April 3, 2023. The hearing was continued to allow time for further briefing should ongoing discovery warrant further briefing. The Court notes that no further briefing has been filed by any party. Defendants argue that the Federal Arbitration Act ("FAA") applies. The declarations of A.C. Saechao and Roxanne Bullock do not provide any eviden...

Excerpt: ...94), failure to prov-de legally compliance rest and meal breaks (Labor Code SS 225.6, 226.7 & 512), failure to issue accurately itemized wage statements (Labor Code SS 226(a) and 225.3), failure to pay wages (Labor Code S 2802) and failure to reimburse all necessary business expenses (Labor Code S 2802). The Private Attorneys General Act of 2004 ("PAGA") is codified in Lab. Code SS 2698, et seq. In bringing a PAGA action, an aggrieved employee ac...

Excerpt: ...S 2033.300(a). The Court may permit the withdrawal upon a showing that the admission was the result of a mistake, inadvertence or excusable neglect and that the party who obtained the admission will not be substantially prejudiced by the withdrawal. CCP S 2033.300(b). In the present situation, Plaintiff, in response to a Request for Admission propounded by Defendant Sunset Oaks Townhomes Homeowners Association (hereinafter "Sunset"), admitted tha...

Excerpt: ...r order appealed from or upon the matters embraced therein or affected thereby, including enforcement of the judgment or order, but the trial court may proceed upon any other matter embraced in the action and not affected by the judgment or order. CCP S 916(a). 9 As a preliminary matter, the Court notes that Defendant has filed Appellant's Opening Brief. Decl. Michael L Ricks, 4. As there has been no challenge to whether the ap#al has been #rfect...

Excerpt: ...e moving party to show that the neglect was excusable: i.e., that the default could not have been avoided through the exercise of ordinary care. Jackson v. Bank of America (1983) 141 Cal.App.3d 55, 58. "[T]he acts which brought about the default must have been the acts of a reasonably prudent person under the same circumstances." ld. The moving party has the burden of proof to establish one of these conditions by a preponderance of the evidence. ...

Excerpt: ...ction 214 of the Family Code or any other provision of law, the sittings of every court shall be public." CCP S 124. Unless confidentiality is required by law, court records are presumed to be open to the public. California Rules of Court (CRC), Rule 2.550(c). "The public has a First Amendment right of access to civil litigation documents filed in court and used at trial or submitted as a basis for adjudication. [Citation.] Substantive courtroom ...

Excerpt: ...t Plaintiff Jennifer Bryant. Defendants have filed the exact same three motions separately against Plaintiff A. Adam Crolius. Factual Background: Defendants propounded: Special Interrogatories, Set Two and Request for Production, Set Three on Plaintiffs on February 10, 2023. Response were originally due on March 14, 2023 but extensions were provided until April 3, 2023. Responses were not provided prior to the April 3, 2023 deadline. Responses to...

Excerpt: ... briefs. CCP S 473 prov-des that the court may "in furtherance of justice...allow, upon any terms as may be just, 7 an amendment to any pleading or proceeding in other particulars." CCP S 473(a)(1). The court's discretion is usually exercised liberally to permit amendment of the pleadings "at any stage of the proceedings, up to and including trial," absent prejudice to the adverse party. Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 751, 135 ...

Excerpt: ...endant Karen Freitas. Defendant filed her Answer on December 20, 2022. On February 17, 2023, Plaintiff filed a motion to deem matters admitted. Defendant did not oppose the motion to deem matters admitted, and the Court granted the moton on April 3, 2023. Meet and Confer: "The moving party shall file and serve with the motion for judgment on the pleadings a declaration stating" the attempts made to meet and confer. CCP S The Declaration of Brian ...

Excerpt: ...10(e) & (f). Plaintiffs-in- Intervention have submitted an objection to Defendants' reply. The objection is based on apparent new arguments or issues raised in the reply that were not raised in the moving papers. Out of an abundance of caution and to prevent prejudice to Plaintiffs-in-Intervention's due process rights, the Court continues this matter to Monday, June 26, 2023, at 8:30 a.m. in Department 3. Plaintiffs-in-Interventon may submit a br...