Excerpt: ...e § 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). This serv...

Excerpt: ...claration of Tristan P. Espinosa provides sufficient evidence of Plaintiff's meet and confer efforts. Request for Judicial Notice. Plaintiff requests the Court take judicial notice of the Answer filed by Defendants, Plaintiff's Motion to Deem Admissions, and the Court's ruling and Order granting Plaintiff's Motion to Deem Admissions. Plaintiff provided a copy of each. Pursuant to Evid. Code §§ 452(d) and 453, the Court grants the request. Merit...

Excerpt: ... a ruling made in California Department of Forestry and Fire Protection v. Eunice E. Howell, et al. Defendant did not object to the request and the ruling is a record of a court. The Court will take judicial notice pursuant to Evid. Code §§ 452(d) and 453. Meet and Confer Efforts. Both parties have provided substantial evidence regarding meet and confer efforts. The Court finds that the meet and confer efforts were sufficient. Merits of the Mot...

Excerpt: ... were not necessary. Ibid. If the items appear to be proper charges, the verified memorandum of costs is prima facie evidence that the items were reasonably incurred. Oak Grove School Dist. v. City Title Ins. Co. (1963) 217 Cal.App.2d 678, 698. Conclusory and unsubstantiated objections to a cost are insufficient to rebut the presumption that they were reasonably and necessarily incurred. Ladas v. California State Auto. Ass'n (1993) 19 Cal. App. 4...

Excerpt: ...against the plaintiff, such party may not thereafter in any other action assert against the plaintiff the related cause of action not pleaded.” “Related cause of action” is defined as “a cause of action which arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause of action which the plaintiff alleges in his complaint.” CCP § 426.10(c). Causes of action are related if there is a logical rel...

Excerpt: ... for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. If an amended complaint, cross‐complaint, or answer is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a demurrer to the amended pleading. (1) As part of the meet and confer process, the demurring party shall identify all of the specific causes of ...

Excerpt: ...ding Motion for Final Approval of Class Action Settlement was filed on November 19, 2021 along with supporting declarations. The motion is unopposed. Final Approval of the Settlement: The parties have agreed to settle the case for $575,000.00. The breakdown of the settlement is: Total Settlement Amount $575,000.00 Proposed Attorneys' Fees (33 1/3%) $191,666.67 Litigation Costs and Expenses $21,239.57 Settlement Administration Costs $6,500.00 PAGA...

Excerpt: ...opment Group Holdings, LLC (“DGH”) did not file a Memorandum of Costs. Timing. The Lockwoods and DGI each filed a Memorandum of Costs on October 18, 2021 and both were personally served on the Eatmons' counsel, Douglas Wright, on the same date. “Any notice of motion to strike or to tax costs must be served and filed 15 days after service of the cost memorandum.” CRC 3.1700(b)(1). The Eatmons timely filed their Motion to Strike Memorandum ...

Excerpt: ...Item No. 1 (filing and motion fees) $809.00  Item No. 5 (service of process) $80.00  Item No. 16 (other) $373.00 2 Merits of Motion: The Song‐Beverly Act; specifically, Civil Code Section 1794(d) states “If the buyer prevails…the buyer hall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses…determined by the court to have been reasonably incurred by the buyer in conne...

Excerpt: ...th 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. Health and Safety Code § 1148...

Excerpt: ...torney's fees. Civ. Code § 1794(d). The attorney's fee award is limited to the amount the court determines was reasonably incurred by the buyer in commencing and prosecuting the action, based on actual time expended. The prevailing buyer has the burden of proving the fees were both reasonably necessary to conduct the litigation and reasonable in amount. Civil Code § 1794(d); Robertson v. Fleetwood Travel Trailers of California, Inc., (2006) 144...

Excerpt: ...ertence, surprise, or excusable neglect.” CCP § 473(b). Application “shall be made within a reasonable time, in no case exceeding six months, after the … dismissal.” CCP § 473(b). A moving party must show diligence. Kendall. Barker (1988) 197 Cal. App. 3d 619, 625. What is a reasonable time in any case depends upon the circumstances of that particular case and there must be some showing, some evidence, as the basis for the exercise of t...

Excerpt: ...s 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 of PAGA is not to recover damages or restitution, but to create a means of “deputizing” citizens as private attorneys general to enforce the Labor Code; th...

Excerpt: ..., in part: (a) On motion of any party, the court may grant leave to complete discovery proceedings, or to have a motion concerning discovery heard, closer to the initial trial date, or to reopen discovery after a new trial date has been set. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. (b) In exercising its discretion to grant or deny this motion, the court shall take into consideration any matter rele...

Excerpt: ...ially noticeable as records of any court in the United States, Evidence Code 452(d). Defendants have objected to the request on the grounds of relevance. The requested documents relate to different cases, concerning similar subject matter, that is, efforts to enforce arbitration agreements in Song‐Beverly actions. Judicial notice is appropriate for the records of any court in this state. Evidence Code § 452(d). However, “the truth of stateme...

Excerpt: ...irst time, presented evidence and arguments in the Reply. Plaintiff does not specify which evidence and arguments this applies to. There was no new evidence provided, only a Request for Judicial Notice that was made separate in a separate pleading. The actual evidence had already been presented. The arguments made are either expanding on arguments in the moving papers or responding to issues raised in the Opposition. The Court considers the Reply...

Excerpt: ...mplaint was filed on September 28, 2018. Defendants Prime Healthcare Shasta, LLC; Prime Healthcare Services, Inc.; MPT of Shasta, LP; and Prime Healthcare Management, Inc. filed their motion for summary judgment on October 9, 2020. The motion was continued several times, first on October 21, 2021, then on March 1, 2021, again on June 8, 2021, and finally on August 24, 2021. Factual Background: On October 6, 2016, Plaintiff was at SRMC for a nucle...

Excerpt: ...r work in this region. Said determination is not necessary based on the nature of the calculations and the Court's analysis of the applicable lodestar. 4 the attorney‐client relationship is grounds for allowing an attorney to withdraw. Estate of Falco v. Decker (1987) 188 Cal. App. 3d 1004, 1014. However, the Plaintiff in this case is a minor with an appointed Guardian Ad Litem (“GAL”). “[T]he court has a duty to see that the minor's righ...

Excerpt: ...eys' Fees, Costs, and Enhancement Payment was filed on August 23, 2021, along with supporting declarations. The motion is unopposed. As a preliminary matter, the Court approves Plaintiff's request to exceed the page limit for the memorandum pursuant to CRC 3.1113(e). Final Approval of the Settlement: The parties have agreed to settle the case for $880,000. The breakdown of the settlement is: Total Settlement Amount $880,000.00 Proposed Attorneys'...

Excerpt: ...in its ruling of April 28, 2021 finding that the statutory mechanism of enforcement under CCP § 664.6 wasn't available. At the time of counsel's execution of the settlement agreement, CCP § 664.6 only permitted enforcement if the agreement was signed by the parties. CCP § 664.6 was amended effective January 1, 2021 to permit enforcement (by entry of judgment) of a settlement agreement signed by counsel. The Court found (in its April 28, 2021 r...

Excerpt: ...ught pursuant to CCP § 2031.310 shall be accompanied by a meet and confer declaration. CCP § 2031.310(b)(2). “A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” CCP § 2016.040. The Declaration of Stewart C. Altemus describes the meet and confer efforts he has made to resolve the issue with Plaintiff's counsel. T...

Excerpt: ...(d) and 453. Defendants' Objections to Plaintiff's Evidence. Defendant objects to ¶ 2 of the Declaration of Claudia Brisson which reads, “Plaintiff has not been able to conduct any discovery in this case.” Defendant objects on the grounds that this is a misstatement of the law and the facts of this case. The Court overrules this objection. Defendant objects to ¶ 4 which reads, ““Plaintiff does not have and has not been able to obtain cr...

Excerpt: ...sed liberally to permit amendment. Nestle v. Santa Monica (1972) 6 Cal. 3d 920, 939. “If the 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 where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious defense, it is not only error but an abuse of discretion.” Morgan v. Sup.Ct. (1...

Excerpt: ...ealing fail as a matter of law on the grounds that plaintiffs made material misrepresentations during their claim that vitiated coverage under their Integon policy. Issue No. 2. Integon is entitled to summary adjudication on the grounds the undisputed facts establish plaintiffs' unclean hands bars plaintiffs' first cause of action for breach of contract against Integon. Issue No. 3. Integon is entitled to summary adjudication on the grounds the u...

Excerpt: ... Motion for Reconsideration. Plaintiff opposes the motion and seeks sanctions. Defendant's Request for Judicial Notice. Granted. Plaintiff's Objections to Defendant's Evidence. Plaintiff makes 19 objections to various portions of the Declaration of John P. Kelley. Objections 1‐17 and 19. Overruled. Objection 18. Sustained only as to “He was asked if he knew his deposition had been noticed for April 28 and he again said ‘no.'” Merits. Moti...

Excerpt: ..., Defendant also moves to exclude evidence regarding the revocation/alleged revocation of Millville Grange's Charter. In its moving papers, Defendant argues that Plaintiff has sued the wrong party. The Second Cause of Action alleged is Cancellation of Deed and Quiet Title. Defendant currently holds title to the real property at issue. In a quiet title action,"[t]he plaintiff shall name as defendants in the action the persons having adverse claims...

Excerpt: ...f of service does not explicitly state that service was personal, however, it does contain information that is generally only provided with personal service, i.e., the specific time of service and physical description of the person served. As it appears that Respondent was timely served, the Court is exercising its discretion to accept the proof of service and issue a ruling on the merits. Merits. “[T]he Legislature has expressed a strong publi...

Excerpt: ...CP §§ 1005(b) and 1013(c). Service on Defendant is proper as she is currently selfrepresented in Case No. 196018 as confirmed by no substitution of attorney on file and Defendant's indication 2 that she was proceeding in pro per at the resolution review hearing on July 12, 2021. Leave to File FAC. CCP § 473 provides that the court may “in furtherance of justice…allow, upon any terms as may be just, an amendment to any pleading or proceedin...

Excerpt: ...unds that the Court lacks Jurisdiction, the matter is not ripe, that the first cause of action fails to state facts sufficient to constitute a cause of action against Defendants, and the first cause of action is uncertain because Defendants cannot ascertain what damages, if any, were suffered by plaintiff. CCP 430.10(a), (e), (f). Defendants are also seeking sanctions under CCP § 128.5. In support of the Demurrer, Defendant requests that the Cou...

Excerpt: ...g Company, Inc. who worked for Seco in California from June 6, 2015 through date of preliminary approval.” The Proposed PAGA Recipients will include all Class Members who do not opt out of the Settlement and worked for Defendant within the PAGA Period, which is defined as “any time from June 12, 2018 to date of preliminary approval.” The proposed class members are approximately 217 former and current employees of Defendant. The proposed set...

Excerpt: ...re granted. Meet and Confer CCP § 439(a)(3) provides : “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. No such declaration was filed. That is sufficient to deny the motion. However, in the interest of judicial efficiency, the Court will exercise its 2 discretion and consider the merits of the motion, despite Plaintiff's failure to follow the sta...

Excerpt: ... insurer will pay the policy limits of $400,000 plus the $6,000 Medical Payments Coverage. All parties who have appeared in the action per CCP § 1014 were provided proper notice. No Oppositions were filed. Merits of the Motion. The California Supreme Court case of Tech‐Bilt, Inc. v. Woodward‐ Clyde & Associates (1985) 38 Cal.3d 488 provides that “the intent and policies underlying [Code of Civil Procedure] section 877.6 require that a numb...

Excerpt: ... on May 27, 2021. Defendant contends it was timely as Defendant had until June 2, 2021 to file the Demurrer pursuant to CCP § 430.41(a)(2). CCP § 430.41(a)(2) states in part: The parties shall meet and confer at least five days before the date the responsive pleading is due. If the parties are not able to meet and confer at least five days prior to the date the responsive pleading is due, the demurring party shall be granted an automatic 30‐d...

Excerpt: ... insurer will pay the policy limits of $400,000 plus the $6,000 Medical Payments Coverage. All parties who have appeared in the action per CCP § 1014 were provided proper notice. No Oppositions were filed. Merits of the Motion. The California Supreme Court case of Tech‐Bilt, Inc. v. Woodward‐ Clyde & Associates (1985) 38 Cal.3d 488 provides that “the intent and policies underlying [Code of Civil Procedure] section 877.6 require that a numb...

Excerpt: ... on May 27, 2021. Defendant contends it was timely as Defendant had until June 2, 2021 to file the Demurrer pursuant to CCP § 430.41(a)(2). CCP § 430.41(a)(2) states in part: The parties shall meet and confer at least five days before the date the responsive pleading is due. If the parties are not able to meet and confer at least five days prior to the date the responsive pleading is due, the demurring party shall be granted an automatic 30‐d...

Excerpt: ...ply to an enforcement proceeding brought after the effective date, where the settlement agreement was signed on December 21, 2020, by the parties' attorney, but not the parties? CCP § 166.1 provides that the parties can request, or, “at the judge's discretion, a judge may indicate in an interlocutory order a belief that there is a controlling question of law as to which there are substantial grounds for difference of opinion, appellate resolut...

Excerpt: ...intiff did not comply with CRC 3.1354(b) when making these objections. The objections were not served and filed separately, were not numbered consecutively, and did not follow either format permitted by CRC 3.1354(b). In addition to the issues with the format of the objections, the objections do not cite to or list specific evidence being objected to, but rather object to entire DUMF's. All objections that state, “Disputed and objected to as ir...

Excerpt: ...ply to an enforcement proceeding brought after the effective date, where the settlement agreement was signed on December 21, 2020, by the parties' attorney, but not the parties? CCP § 166.1 provides that the parties can request, or, “at the judge's discretion, a judge may indicate in an interlocutory order a belief that there is a controlling question of law as to which there are substantial grounds for difference of opinion, appellate resolut...

Excerpt: ...intiff did not comply with CRC 3.1354(b) when making these objections. The objections were not served and filed separately, were not numbered consecutively, and did not follow either format permitted by CRC 3.1354(b). In addition to the issues with the format of the objections, the objections do not cite to or list specific evidence being objected to, but rather object to entire DUMF's. All objections that state, “Disputed and objected to as ir...

Excerpt: ...s' Evidence. Declarations of Terry Buchanan, Marisa Hennan, Patricia Jones, Daniel Smith, and Tawny Wooten: “I may have missed a 30 minute break but was adequately compensated.” Sustained as to “but was adequately compensated.” “I am not aware of any employees at my stores who did not have the opportunity or were not able to take a required meal or rest break, or who was not appropriately compensated.” Sustained as to “or who was no...

Excerpt: ...rt shall be public.” CCP § 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). CRC Rule 2.551 prohibits the court from permitting a record to be filed under seal except by motion or application. The moving party bears the burden to provide “facts sufficient to justify the sealing.” Rule 2.551(b)(1). “The public has a First Amendment right of ...

Excerpt: ...6.040, which states that a meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion. During the deposition, Mr. Kelley informed Ms. Haner and counsel that he would seek court intervention if the question was not answered. On Wednesday May 5, 2021, Mr. Kelley emailed a letter to counsel describing the issue and stating that a mot...

Excerpt: ...n be reached that would resolve the objections to be raised in the demurrer.” Although not initially provided, Defendant's counsel has provided evidence of two lengthy and detailed letters describing the defects in the Complaint and asking that Plaintiff's counsel amend. There was also a conversation about the Demurrer in which Plaintiff's counsel indicated that meet and confer obligations had been satisfied. The Court finds that the meet and c...

Excerpt: ...ides evidence that Plaintiff's counsel was sent a meet and confer letter on March 23, 2021 that described the deficiency with each response at issue. Plaintiff did not respond to this letter. The Court finds that Defendants' meet and confer efforts were sufficient. Merits. “Each answer in a response to interrogatories shall be as complete and straightforward as the information reasonably available to the responding party permits.” CCP § 2030...

Excerpt: ...dant entered into a contract with Plaintiff to purchase and have installed three greenhouses. This is the only alleged business dealing between Defendant and any California entity. The installation occurred entirely in Oregon. Defendant is a resident of Oregon, and was served a summons and a copy of the complaint in Oregon. Personal jurisdiction may be either general or specific. Vons Companies, Inc. v. Seabest Foods, Inc. (1996) 4 Cal.4th 434, 4...

Excerpt: ...l sought is protected from disclosure based the right to privacy. SUHSD has asserted these objections on behalf of Defendant Michelle Kimball (“Kimball”). Motions brought pursuant to CCP § 2031.310 shall be accompanied by a meet and confer declaration. CCP § 2031.310(b)(2). “A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented b...

Excerpt: ... in nine different court files. The request for judicial notice was contained within Defendant's declaration and was not filed as a separate document. The request for judicial notice is DENIED. Jurisdiction: A defendant against who a default has been entered cannot thereafter file pleadings, move for a new trial or demand a notice of subsequent proceedings until the default is set aside. Holsinger v. Holsinger (1950) 95 Cal.App.2d 835, 837. Here,...

Excerpt: ... on April 29, 2021, which is less than sixteen court days prior to the hearing. However, Plaintiff did not raise an objection and responded substantively, thus waiving any objection to the notice. Tate v. Superior Court (1975) 45 Cal.App.3d 925, 930. Defendant's Request for Judicial Notice. Defendant requests that the Court take judicial notice of the moving papers from the previous Motion to Continue heard on December 14, 2020 as a record of a c...

Excerpt: ...elated to why the motion has been brought instead of filing the substitution of attorney. CRC 3.1362(c) requires the supporting declaration to provide an explanation as to why the motion is necessary in place of a filing a consent to substitution under CCP § 284(1). Mr. Minasian indicates that his client owes in excess of $10,000 in attorney fees, does not communicate with him, and has not responded to requests to obtain discovery. In Mr. Minasi...

Excerpt: ...nsider the late filed paperwork. CRC 3.1300(d) Merits of Motion: “When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment….” CCP § 473.5(a). A motion of this nature “shall be accompanied by an affidavit showing under oa...