Excerpt: ... be used to facilitate particular provisions of the Health and Safety Code are subject to seizure and forfeiture. Health and 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 Petit...

Excerpt: ...ntical terms. Merits of Motion: The law favors the settlement of lawsuits, particularly in complex litigation, where they save time and resources. Neary v. Regents of the University of California (1992) 3 Cal. 4th 273, 277‐281 (superseded by statute on other grounds). A trial court must approve a class 2 action settlement agreement and may do so only after determining it is fair, adequate, and reasonable. It is vested with broad discretion in m...

Excerpt: ...nderson Fire Protection District (“Petitioners”) move now for attorney's fees and costs. Mark Adams of the California Receivership Group (“Receiver”) seeks discharge, exoneration of surety and compensation for fees and expenses. 2 Tentative Ruling on Motion for Attorney's Fees: Pursuant to the Court's September 10, 2021 Order Appointing a Receiver, Petitioners are the prevailing party in this matter, entitled to attorney's fees and costs ...

Excerpt: ...tion. Defendant alleges the parties are bound by a valid and enforceable arbitration agreement, signed by Plaintiff on his first day of work, December 12, 2018 (the “Arbitration Agreement”). Plaintiff argues he did not sign the Arbitration Agreement, and even if he had, it would be unenforceable. “[T]he Legislature has expressed a strong public policy in favor of arbitration as a speedy and relatively inexpensive means of dispute resolution...

Excerpt: ...both pursuant to Evid. Code § 452(d). Asset Forfeiture Default Judgment. Currency that is “furnished or intended to be furnished by any person in exchange for a controlled substance” or used or intended to be used to facilitate particular provisions of the Health and Safety Code are subject to seizure and forfeiture. Health and Safety Code § 11470. The judicial and/or administrative procedure for forfeiture is laid out generally in Health a...

Excerpt: ...eadowview Drive, #500 in Redding, CA. Provision 26 of the Lease provides that in any action…the prevailing party will be entitled to reasonable attorney fees, expert witness fees, and costs. Following a two day trial on February 23‐24, 2022, this Court ruled the lease was legally terminated, effective June 1, 2020 following proper service of a 24 month notice of termination on Defendant per the terms of the Lease. The Court further declared P...

Excerpt: ...ther the costs are appropriate. 2 The Song‐Beverly Act contains a cost‐shifting provision that specifically allows prevailing buyers to recover their costs, including attorney's fees. Civ. C. § 1794(d). The Consumers Legal Remedies Act also contains a mandatory fee provision for a prevailing plaintiff. Civ. C. § 1780(e). An attorney's fee award is limited to the amount the court determines was reasonably incurred by the buyer in commencing ...

Excerpt: ...ive demands, including unreasonable violations of the right of privacy. Id. A party may obtain discovery related to any matter, if the matter itself is admissible or reasonably calculated to lead to the discovery of admissible evidence. CCP § 2017.010. However; privileged information is not discoverable. CCP § 2017.010. The subpoena challenged by this motion was issued by Plaintiffs to Defendants' insurance company CSAA. CSAA is providing a def...

Excerpt: ...ext day. (UMF 6, 8.) At the time of the loss, the total limits of coverage under the Policy were $685,372.50. (UMF 7.) Pursuant to Plaintiff's claim and subsequent mediation, Defendant has now paid all amounts possibly due under the Policy. (UMF 44‐46.) Plaintiff contends that Mid‐Century incorrectly estimated the dwelling limit, and as a result Plaintiff was substantially underinsured. (Plaintiff's Additional Material Facts “AMF” 41.) 6 ...

Excerpt: ...f California (1992) 3 Cal. 4th 273, 277‐281 (superseded by statute on other grounds). However, courts cannot automatically and instantly approve a proposed settlement or dismiss a class action suit, even if the representative plaintiff and defendant have agreed on the terms of such settlement or dismissal. In a class action, the trial court has a duty to adequately protect the members of the class. Bingham v. Obledo (1983) 147 Cal. App. 3d 401,...

Excerpt: ...both pursuant to Evid. Code § 452(d). Asset Forfeiture Default Judgment. Currency that is “furnished or intended to be furnished by any person in exchange for a controlled substance” or used or intended to be used to facilitate particular provisions of the Health and Safety Code are subject to seizure and forfeiture. Health and Safety Code § 11470. The judicial and/or administrative procedure for forfeiture is laid out generally in Health a...

Excerpt: ...eizure and forfeiture. Health and 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. 4 H...

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: ...hip Group (“Receiver”) was appointed to remediate the dangerous conditions on a temporary basis. The Receivership was made permanent on September 27, 2021. Respondents move for termination or discharge of receiver on the grounds that the conditions which gave rise to the Receivership have been abated, and that Respondents intend to sell the property and the Receiver unreasonably interfered with the sale. Respondents also seek surcharge of Rec...

Excerpt: ...quest is granted as to each of the nine exhibits per Evid. Code § 452(d) presented with the moving papers. Plaintiff's Request for Judicial Notice as to the estimated over one thousand (1,000) pages of documents presented with their Reply as Exhibit 1 is denied and the Court did not consider these documents. Meet and Confer. Prior to filing a motion seeking discovery, a party is required to meet and confer with the opposing party Plaintiffs have...

Excerpt: ...ff 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 an open book or account stat...

Excerpt: ...o “state facts sufficient to constitute a valid cause of action.” CCP § 430.10(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...

Excerpt: ...constitute a cause of action as required by CCP § 430.10(e), and that the action is barred by the statute of limitations pursuant to Govt. Code § 945.6(a)(1). Judicial Notice: Pursuant to Evid. Code § 452 the Court grants Defendant's request for judicial notice of the following as records of the Court: the Complaint filed November 20, 2020, the Amended Complaint filed September 29, 2021, the Claim filed by Marvin Baker, received by City of Sha...

Excerpt: ...P § 436(a). The Court can also strike any part of a pleading that is not drawn or filed in conformity with California law. CCP § 436(b). Here, Defendant moves to strike Plaintiff's claim for attorney's fees. California generally follows the American Rule related to attorney's fees, which provides that each party ordinarily pays his or her own attorney's fees. Varney Entertainment Group, Inc. v. Avon Plastics, Inc. (2021) 61 Cal.App.5th 222, 229...

Excerpt: ...n an action, one or more affirmative defenses, one or more claims for damages, or one or more issues 4 of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages, as specified in Section 3294 of the Civil Code, or that one or more defendants either owed or...

Excerpt: ...e facts sufficient to constitute a valid cause of action.” CCP § 430.10(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 ...

Excerpt: ...t pursuant to CCP §§ 598 and 1048(b). Merits of Motion: Pursuant to CCP § 1048(b) the Court may order a separate trial on any cause of action or issue in furtherance of convenience or to avoid prejudice or when separate trial will be conducive to expedition and economy. CCP § 598 also provides for bifurcation for the convenience of witnesses, the ends of justice or for the economy of efficient handling of the litigation. The objective of bifu...

Excerpt: ..., Inc. et al was filed on January 9, 2020. The Wade matter was filed under the Private Attorney Generals Act of 2004 (“PAGA”). The proposed settlement is $1,000,000. The breakdown of payments, costs, and fees from the proposed settlements are as follows: Total Settlement Amount $1,000,000 Proposed Attorneys' Fees (35%) ‐$350,000 Litigation Costs and Expenses ‐$25,004.46 Settlement Administration Costs ‐$18,000 PAGA Claim Settlement Allo...

Excerpt: ... Plaintiff also seeks $24,145.80 in costs and expenses against Lithia and GM jointly and severally. This matter settled and the Plaintiff was deemed to be the prevailing party entitled to attorney's fees upon motion. The issues are whether the attorney's fees are reasonable, and whether they should be apportioned between Defendants Lithia and General Motors. The Song‐Beverly Act contains a cost‐shifting provision that specifically allows prev...

Excerpt: ...ive Record is the scope of the Project's certified administrative record (Record), which was certified and lodged with the Court on June 12, 2022, and supplemented on August 26, 2022. Petitioners seek to augment the Record with documents that fall into two categories: 1) secondary reference materials, and 2) previously approved Timber Harvest Plans from the Battle Creek Watershed, where the Project is located. Petitioners contend the Record shoul...