Excerpt: .... “Although continuances of trials are disfavored, 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). “The unavailability of trial counsel because of death, illness, or other excusable circumstances” is listed as a circumstance that may constitute good cause. CRC 3.1332(c)(3). In this matter, counsel ...

Excerpt: ...‐051) and Supporting Declaration (MC‐052). Both forms and the proposed Order (MC‐053) must be served on the client and all parties who have appeared in the case at either the current address or the last known address that has been confirmed within thirty days. CRC 3.1362(d). CRC 3.1362(c) requires the supporting declaration to provide an explanation as to why the motion is necessary in place of filing a consent to substitution under CCP § ...

Excerpt: ...el deposition of Defendant General Motors, LLC (“GM”) person most qualified (“PMQ”) with production of documents pursuant to CCP §§ 2025.230 and 2025.450. Plaintiff also moves for an order imposing monetary sanctions against GM pursuant to CCP § 2025.48(j). On January 12, 2022, Plaintiff served his Notice of Deposition for GM's PMQ. On February 3, 2022, GM served Objections to the Notice. On February 4, 2022 Plaintiff attempted to meet...

Excerpt: ...oppose the Motion. Meet and Confer. CCP § 435.5 requires that the moving party meet and confer with opposing counsel prior to filing a motion to strike. The declaration of David M. Benton provides sufficient evidence of meet and confer efforts. Merits. The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in an...

Excerpt: ...on August 16, 2021. The contents are not subject to judicial notice, however, counsel has laid the proper foundation for Exhibit A and judicial notice is not necessary for the Court to consider the Stipulation Agreement. Merits. CCP § 664.6 provides the Court with authority, upon motion, to enter judgment pursuant to the terms of a settlement agreement entered into in writing, or orally before the Court. If requested by the parties, the Court al...

Excerpt: ...l further responses, a motion to compel responses when no responses have been provided does not require the propounding party to demonstrate good cause or that it satisfied a meetand‐confer requirement. Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal. App. 4th 390. Thus, no meet and confer efforts were required. Merits. Different types of discovery are governed by different sections of the Code of Civil Proc...

Excerpt: ...0 Cal. App. 4th 1255, 1261. CCP § 425.16 provides a procedural remedy to dispose of SLAPP suits. Rusheen v. Cohen (2006) 37 Cal. 4th 1048, 1055‐56. A litigant may seek to strike a cause of action arising from any act in furtherance of the right to petition. CCP § 425.16(e)(2). CCP § 425.16 (b)(1), provides that “A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free s...

Excerpt: ...P § 473(b) “[t]he 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.” A party seeking relief under section 473 on the grounds of excusable neglect bears the burden of demonstrating that the neglect was excusable in order to secure relief. Cochran v....

Excerpt: ... this community. The rates will be reduced as described below. Defendant argues that all time incurred after an initial 998 Offer should be stricken. However, Plaintiff establishes that the initial 998 Offer was appropriately objected to on multiple grounds with no response or amendment by Defendant, requiring litigation to continue. The total number of hours will not be reduced. Costs will be awarded. Defendant's Evidentiary Objections: Defendan...

Excerpt: ...efendant Team RV Management, LLC to Serve Responses Request for Production of Documents, Set One. Defendant Team RV Management, LLC filed a joint Opposition in which all three motions were addressed. The Reply also addresses all three motions. Due to the manner of the briefing, the Court is issuing one tentative ruling that will address all three motions. Request for Continuance. In the Opposition, Defendant requested that the three motions to co...

Excerpt: ...briefing. The proposed class is defined “As all non‐exempt hourly employees of Frozen Gourmet, Inc. who performed work in California at any time during the period of October 6, 2017 through October 1, 2021. The PAGA period is September 23, 2020, through the date of settlement approval or judgment. The proposed class members are approximately 25 former and current employees of Defendant. The proposed settlement is: Total Settlement Amount $180...

Excerpt: ... he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of a written notice that the default or default judgment has been entered. (b) A notice of m...

Excerpt: ...ormed work in California at any time during the period of October 6, 2017 through October 1, 2021. The PAGA period is September 23, 2020, through the date of settlement approval or judgment. The proposed class members are approximately 25 former and current employees of Defendant. The proposed settlement is: Total Settlement Amount $180,000.00 Proposed Attorneys' Fees (up to 35%) ‐$63,000.00 Litigation Costs and Expenses (up to) ‐$12,000.00 S...

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: ...ays prior to the hearing as required by CCP § 1005(b). Plaintiffs filed a substantive Reply on April 6, 2022. The Court continued the hearing due to insufficient time for the Court to review the Opposition and Reply, but did not make any findings regarding the late filing. After reviewing both the Opposition and Reply, the Court should consider finding that the Opposition was filed late due to excusable neglect and inadvertent mistake and that P...

Excerpt: ...ays prior to the hearing as required by CCP § 1005(b). Plaintiffs filed a substantive Reply on April 6, 2022. The Court continued the hearing due to insufficient time for the Court to review the Opposition and Reply, but did not make any findings regarding the late filing. After reviewing both the Opposition and Reply, the Court should consider finding that the Opposition was filed late due to excusable neglect and inadvertent mistake and that P...

Excerpt: ...0(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 School District (1998) 65 Cal.App.4th 435, 438. No matter how unlikely, a...

Excerpt: ...efforts. Merits. The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: 2 (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. CCP § 436 A motion to strike can be used to attack the entire pleading, o...

Excerpt: ... seven causes of action. The anti‐SLAPP was originally scheduled to be heard on August 30, 2021, however the hearing was continued at the request of Plaintiff and the anti‐SLAPP was eventually heard on October 4, 2021. The Court took the matter under submission and granted the anti‐SLAPP on November 22, 2021 in all aspects except one cause of action as to Defendant Mark Lucas. In the ruling on the anti‐SLAPP, the Court determined that Def...

Excerpt: ...ttlement check has not been cashed due to a need for a signature from the Guardian Ad Litem. No response to the OSC was received, nor was a response received for the prior OSC issued in the amount of $250.00 on October 19, 2021. Although an attorney hired by the Guardian Ad Litem has the primary responsibility for pursuing the minor's claim, hiring the attorney does not relieve the guardian of all responsibility for pursuing the claim. Brandon G....

Excerpt: ...Civil Procedure] section 877.6 require that a number of factors be taken into account” when evaluating whether a settlement between a plaintiff and joint tortfeasor is in good faith, including (1) a rough approximation of plaintiffs' total recovery and the settlor's 3 proportionate liability; (2) the settlement amount, (3) allocation of the settlement proceeds among multiple plaintiffs, if applicable; (4) recognition that a settlor should pay l...

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...