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: ...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: ...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: ...America Structured Securites Acquisition Trust 2019-HBI ("Wilmington"). On November 22, 2022, Plaintiff dismissed the Second and Third causes of action. On January 17, 2023 this court sustained Defendants' Demurrer, as to all remaining causes of action, and with leave to amend on causes of action 8-10. Plaintiff filed his Second Amended Complaint ("SAC") on March 30, 2023. The SAC alleges three causes of action against FAR and Wilmington: 3) viol...

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: ...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: ...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: ...n the complaint was in bad faith or frivolous. Merits of Motion: A defendant may bring a motion to quash on the grounds that the Court lacks jurisdiction cwer him or her. CCP S 418.10. A plaintiff has the burden of "establishing by a preponderance of the evidence that minimum contacts exist between the defendant and the forum state to justify imposition of personal jurisdiction." See Greenwell v. Auto-owners Ins. Co. (2015) 233 Cal.App.4th 783, 7...

Excerpt: ...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 with Plaintiff. Request for Judicial Notce. Defendants' request for judicial notice is granted. Merits. A demurr...

Excerpt: ...s of Mohon: A prevailing party in any action or proceeding is entitled to recover costs of suit, except as otherwise provided by statute. See CCP S 1032(b); Santsas v. Goodin (1998) 17 Cal.4th 599, 606. The award of costs pursuant to secton 1032 is discretionary, and the costs recoverable are restricted to only those costs that are both reasonable in amount and reasonably necessary to the conduct of the litigation. CCP S 1033.5(c)(2)(3). The Cour...

Excerpt: ...Defendant El Rio Estates' disposal of a mobile home, 19964 Riverside Ave., #19, Anderson, CA 96001 ("mobile home"), after it was rendered uninhabitable by fire in October 2020, and then abandoned by Plaintiff. El Rio Estates sought a Judgment of Abandonment by Default in El Rio Estates LLCv. Hampton & Edmonds (Shasta County Case No. 21CV0433) pursuant to Civ. Code S 798.61. Judgment of Abandonment by Default was entered for El Rio Estates on Dece...

Excerpt: ...(General Insurance) have filed written responses to the OSC. As to SPS, the Court notes that SPS has obtained a dismissal with prejudice from the federal action. SPS is no longer a party to that action, and therefore is not priw,' to its status. The Court agrees that it is reasonable to relieve SPS from the obligaton to ap#ar at future status review hearings regarding status of removal for that reason. However, the Court will decline to remove SP...

Excerpt: ...0,947.23 U.S. Currency v. Randall Keith Laskowsky and Transpart Warehouse, Inc., Case No. 20 MSE 0002, after hearing on June 16, 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. Claimant alleges a portion of the monies have been returned ($113,013.26), but a balance of $11,278.69 pl...

Excerpt: ...on over him or her. CCP S 418.10. A plaintiff has the burden of "establishing by a preponderance of the evidence that minimum contacts exist between the defendant and the forum state to justify imposition of personal jurisdiction." See Greenwell v. Auto-owners Ins. Co. (2015) 233 Cal.App.4th 783, 789. In order for California to exercise personal jurisdiction over a foreign defendant, a plaintiff must establish that the court has either general or...

Excerpt: ...ant move pursuant to CCP § 473(b) to set aside his default taken on September 13, 2022. CCP § 473(b) provides in pertinent part: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the...

Excerpt: ...ithin the time allowed by the Court after Defendant's Demurrer was sustained with leave to amend. Merits. CCP § 581(f)(2) provides that “the court may dismiss the complaint as to that defendant when: (2) Except where Section 597 applies, after a demurrer to the complaint is sustained with leave to amend, the plaintiff fails to amend it within the time allowed by the court and either party moves for dismissal.” Section 597 relates to the tria...

Excerpt: ...eement, express or implied, of the parties; but parties to actions or proceedings are entitled to their costs, as hereinafter provided.” CCP § 1021. Allowable costs include “Attorney's fees, when authorized by any of the following: (A) Contract. (B) Statute. (C) Law.” CCP § 1033.5(a)(10). (a) In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, s...

Excerpt: ...ive from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. This relief is typically discretionary relief; however, the relief is mandatory when the motion is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect under Section 473(b). Plaintiff's counsel has submitted evidence that dismissal ...