Excerpt: ...il 12, 2024. The C omplaint in this matter names two Defendants: “Adrienne Sherman, individually and dba When Pie Meets Bread” and “When Pie Meets Bread, LLC, a California limited liability company.” The Answer filed by Adrienne Sherman on April 3, 2023 lists “Adrienne Sher man dba When Pie Meets Bread LLC” and “When Pie Meets Bread LLC” as the two named defendants. Any response or evidence to the OSC was to be presented in writt...

Excerpt: ...ibing efforts to meet an d confer in good faith. Plaintiffs have provided sufficient evidence of a good faith attempt to meet and confer. Merits. The scope of discovery is broad. Any matter that is admissible evidence or appears reasonably calculated to lead to the discovery of admissible evidence is relevant and subject to discovery. CCP § 2017.010. Any doubts as to the relevance should generally be resolved in favor of permitting discovery. Co...

Excerpt: ...case for $20 0,000. The breakdown of the settlement is: Total Settlement Amount Proposed Attorneys' Fees (35%) $200,000.00 Litigation Costs and Expenses -$66,666.67 -$15,096.58 Settlement Administration Costs PAGA Claim Settlement Allocation Payment to Labor and Work force Development Agency (LWDA) (75%) Payment to Settlement Class Members (25%) - $7,000.00 -$10,000.00 ($7,500.00) ($2,500.00) Proposed Class Representative Enhancement Settlement M...

Excerpt: ...ed. Merits of Motion. A party has thirty days after service to respond to Form and Special Interrogatories. CCP § 2030.260(a). Not providing a timely response to propounded interrogatories results in a waiver of objections. CCP § 2030.290(a). If a party to who m a discovery request is directed fails to serve a timely response, the party propounding discovery may move for an order compelling a response. CCP § 2030.290(b). Unlike a motion to com...

Excerpt: ...s served with the Notice of Motion and Motion by mail on April 4, 2024. The Court notes that the party name listed on the proof of service is incorrect, however, both parties in this case have the same address. The Court finds that the motion was properly noticed. No O pposition has been filed. Unlike a motion to compel further responses, a motion to compel responses when no responses have been provided does not require the propounding party to...

Excerpt: ...sted judic ial notice of prior pleadings and rulings. The requests are granted. Defendant's Objections to Plaintiff's Evidence: Defendant's objections are overruled. Motion for Summary Judgment: CCP § 437c 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. “A defendant…has met his or her bu...

Excerpt: ...h the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement 2 can be reached that would resolve the objections to be raised in the demurrer.” The Declaration of Monica Folsom along with HCS's Exhibit D show sufficient effo rts made by HCS to meet and confer with Maruti prior to filing the Demurrer Request for Judicial Notice. HCS requests that the Court take judicial notice of the Complai...

Excerpt: ...rty pro pounding interrogatories 1 may move for an order compelling response if the party to whom the interrogatories are directed fails to serve a timely response. Here, Plaintiff served Form Interrogatories – General, Set One on Heather Long on February 5, 2024. Responses to written interrogatories are due within 30 days after service. CCP § 2030.260(a). As of the filing of this Motion on March 29, 2024, no responses have been received by P...

Excerpt: ...osition should hav e been filed and served on April 16, 2024. Plaintiffs object to the Court considering the late Opposition, however, Plaintiffs filed a substantive Reply and made no showing of how receiving the Opposition one day late caused any prejudice to Plaintiffs. The Court exercises its discretion to consider the Opposition and overrules any objection regarding a late Opposition. Meet and Confer. A motion brought under this section mus...

Excerpt: ...requested that judicial notice be taken in the footnotes. The first is in Footnote 1 on page 2 where Defendant requested the Court to take judicial notice that “the American Arbitration Association is one of the largest neutral arbitration services in the Unite d State.” Defendant did not specify under which section of the Evidence Code this request was being made. In Footnote 4 on page 9, Defendant requests the Court take judicial notice of...

Excerpt: ...ain.” CCP § 430. 10(f). A demurrer for uncertainty will be sustained only where the complaint is so bad that defendant cannot reasonably respond —i.e., he or she cannot reasonably determine what issues must be admitted or denied, or what counts or claims are directed again st him or her. 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 o...

Excerpt: ... of Californ ia (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 40...

Excerpt: ...ement does n ot state facts sufficient to constitute a cause of action pursuant to CCP § 430.10(e). Meet and Confer: CCP § 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 demu rrer 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 Peter Witherington i...

Excerpt: ...e of action pursuant to CCP 430.10(e), and is uncertain pursuant to CCP 430.10(f). Houseboating has concurrently filed a Motion to Strike, which argues that if the Court sustains the demurrer on the third cause of action, punitive damages must be struck from the FAC . The analysis and outcome on Houseboating's Demurrer and Motion to Strike is the same as for the Silverthorn Demurrer and Motion to Strike, which was made on substantially similar g...

Excerpt: ...e provi ded by statute or by rule of court adopted pursuant to statute, the policy favoring the right of parties to make stipulations in their own interests and the policy favoring trial or other disposition of an action on the merits are generally to be preferred over the policy that requires dismissal for failure to proceed with reasonable diligence in the prosecution of an action in construing the provisions of this chapter. CCP § 583.130. (a...

Excerpt: ...wing that t here are no triable issues of material fact. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. There is a genuine issue of material fact only if the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the p arty opposing the motion in accordance with the applicable standard of proof. Id. at 845. A defendant has met his or her burden of showing that a cause of action has no merit if the...

Excerpt: ...udgment on Dec ember 29, 2023. Defendant has filed an opposition. Procedural Issues. Oppositions to motions for summary judgment are due 14 days before the hearing date. CCP § 437c(b)(2). Defendant filed his opposition on April 2, 2024, just 6 days prior to the hea ring date. The Court finds that the opposition is untimely; however, out of an abundance of caution will exercise its discretion to consider the opposition. The Court notes that th...

Excerpt: ... but denied without prejudice by the Court due to procedural defects; specifically, a failure to provide proper notice. The Court did not issue a ruling on the merits of the prior motion and therefore finds the present motion is not one for reconsideration. The Cour t will issue a ruling on the merits. Merits of Motion: CCP § 473(b) permits the Court to set aside a default or order entered against an aggrieved party due to mistake, surprise, i...

Excerpt: ...iff filed a First Amended Representative Complaint for a Violation of Labor Code § 2698, et seq. on February 13, 2024. There is no longer a class action allegation. In the original moving papers, Defendant moved for a stay or dismissal of the action. In Defendant' s Supplemental Briefing on Petition to Compel Arbitration filed on March 14, 2024, Defendant only requested a stay pending arbitration. Plaintiff does not oppose arbitration but doe...

Excerpt: ...res 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 demur rer.” The Declaration of Reuben B. Jacobson provides sufficient evidence of meet and confer efforts. Merits. A demurrer should be sustained if the complaint fails to “state facts s...

Excerpt: ... filed Decemb er 7, 2023. This request is granted pursuant to Evid. Code §§ 452(d) and 453. Meet and Confer. CCP § 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 t he purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” The Declaration of Katharine McCallum provide...

Excerpt: ...e objections to be raised in the demurrer.” Defendant provided no evidence of this and did not file a declaration addressing meet and confer efforts as required by CCP § 430.41(a)(3). However, Plaintiff did not raise an issue regarding meet and confer efforts and De fendant alleged in the Notice of Motion that counsel wrote a meet and confer letter to Plaintiff's counsel. “A determination by the court that the meet and confer process was in...

Excerpt: ...Reques t for Judicial Notice. The Court further notes that the Declaration of Andrew S. Pletcher provides evidence establishing how each of the documents in Requests 2 -8 (Ex. A -G) were obtained. Plaintiffs' Requests for Judicial Notice are granted pursuant to Ev id. Code §§ 452(h) and 453. Post jurisdictional discovery, Plaintiffs also requested the Court take judicial notice of three maps from Google Maps pursuant to Evid. Code §§ 452 and ...

Excerpt: ... state facts sufficient to constitute a cause of action pursuant to CCP § 430.10(e). Meet and Confer: CCP § 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 Peter Witherington indicates complia...

Excerpt: ...or, managi ng agent, employee, or agent most qualified in the following categories: 1. Research and Development of any and all stanchions built on Defendant Sierra Pacific Industries' Property. 2. Safety measures/concerns/or considerations taken into account in the d esign of all stanchions built on Defendant Sierra Pacific Industries' Property. 3. Any and all differences between the subject stanchion involved in Plaintiff's injury and the new...