Excerpt: ...mplied-in-fact contract causes of action on the grounds that they are barred by the statute of frauds defense. Request for Judicial Notice: 80th parties have requested judicial notice ofvarious documents. No objections have been raised. The requests are GRANTED. Standard on Demurrer: A general demurrer should sustained if the complaint fails to "state facts sufficient to constitute a valid cause of action." CCP S 430.10(e). A demurrer can be used...

Excerpt: ... was stricken as being filed without leave of Court on May 18, 2023. As a preliminary matter, despite being properly noticed, Plaintiffs did not file an Opposition to 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 objectio...

Excerpt: ...vice listing the document titled Plaintiff's Evidence in Support of Motion for Summary Judgment or in the Alternative Summary Adjudication. Accordingly, Plaintiff's Evidence in Support of Motion for Summary Judgment or in the Alternative Summary Adjudication was not considered by the Court. Request for Judicial Notice. Pursuant to Evid. Code SS 452(a) and 453, the Court takes judicial notice of 15 USC Section 1665 and 12 CFR Section 202.12. Merit...

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: ...n- reversionary gross settlement amount is Defendants North State Grocery, Inc. do not object to the Motion. Plaintiff Mary Napoles has filed a Notice of Joinder to the instant Motion in Naples v. North State Grc„cery, Inc. No. 22CV-02[n995 (consolidated with Case No. 22CV-02CG96). Allocation of the proposed settlement is as follows: Total Settlement Amount Proposed Attorneys' Fees (33%) 1,041,667 Litigation Costs and Expenses (up to) Settlemen...

Excerpt: ...ivil Code S 1511. Motion for Summary Judgment: 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. "A defendant...has met his or her burden of showing that a cause of achon has no merit if the party has shown that one or more elements of the cause of action, even if not separately p...

Excerpt: ...2022. CCP S 473(a)(1) permits any pleading to be amended in further of justice and on any terms as may be proper, after notice to the adverse party. The Court's discretion in this regard will usually be exercised liberally to permit amendment. Nestle v. Santa Monica (1972) 6 Cal. 3d 920, 939. "Ifthe 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 wh...

Excerpt: ...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 District (1998) 65 Cal.App.4th 435, 438. No matter how unli...

Excerpt: .... When a party fails to respond to a Request for Admissions, the propounding party may move for an order deeming the truth of matters and the genuineness of documents specified in the requests admitted. CCP S 2033.280(b). Failure to also waives any objections to the discovery propounded. CCP S 2033.280(a). Plaintiff's moving papers sufficiently demonstrate that Defendant has failed to respond to the Request for Admissions within the required time...

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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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/...