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: ...S 2033.300(a). The Court may permit the withdrawal upon a showing that the admission was the result of a mistake, inadvertence or excusable neglect and that the party who obtained the admission will not be substantially prejudiced by the withdrawal. CCP S 2033.300(b). In the present situation, Plaintiff, in response to a Request for Admission propounded by Defendant Sunset Oaks Townhomes Homeowners Association (hereinafter "Sunset"), admitted tha...

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: ...e moving party to show that the neglect was excusable: i.e., that the default could not have been avoided through the exercise of ordinary care. Jackson v. Bank of America (1983) 141 Cal.App.3d 55, 58. "[T]he acts which brought about the default must have been the acts of a reasonably prudent person under the same circumstances." ld. The moving party has the burden of proof to establish one of these conditions by a preponderance of the evidence. ...

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: ...t Plaintiff Jennifer Bryant. Defendants have filed the exact same three motions separately against Plaintiff A. Adam Crolius. Factual Background: Defendants propounded: Special Interrogatories, Set Two and Request for Production, Set Three on Plaintiffs on February 10, 2023. Response were originally due on March 14, 2023 but extensions were provided until April 3, 2023. Responses were not provided prior to the April 3, 2023 deadline. Responses to...

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: ...endant Karen Freitas. Defendant filed her Answer on December 20, 2022. On February 17, 2023, Plaintiff filed a motion to deem matters admitted. Defendant did not oppose the motion to deem matters admitted, and the Court granted the moton on April 3, 2023. Meet and Confer: "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. CCP S The Declaration of Brian ...

Excerpt: ...10(e) & (f). Plaintiffs-in- Intervention have submitted an objection to Defendants' reply. The objection is based on apparent new arguments or issues raised in the reply that were not raised in the moving papers. Out of an abundance of caution and to prevent prejudice to Plaintiffs-in-Intervention's due process rights, the Court continues this matter to Monday, June 26, 2023, at 8:30 a.m. in Department 3. Plaintiffs-in-Interventon may submit a br...

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: ...her motions or requests." CCP S 128.7(c)(1) states, "A motion for sanctions under this section shall be made separately from other motions or requests and shall describe the specific conduct alleged to violate subdivision (b)." By combining a CCP S 128.5 motion and a CCP S 128.7 motion, Plaintiff has failed to comply with the requirement that the respective motions be brought separately. The Court finds that the motion is procedurally defective a...

Excerpt: ...Interrogatories, Set One and Special Interrogatories, Set No. One on November 10, 2021. Defendant provided extensions to respond making the discovery responses due on or before January 23, 2023. Plaintiff provided unverified responses on February 22, 203. A party propounding interrogatories may move for further responses if the responses are evasive/-ncomplete or contain unmeritorious objections. CCP S 2030.300(a)(1) & (3). A failure to provide t...

Excerpt: ...ng County to release the records sought. County now requests that the Court set aside and vacate that Ruling pursuant to Code of Civil Procedure S 653. Alternatively, the County requests a new trial alleging insufficiency of evidence to justify the ruling, pursuant to CCP S 557(6), and for alleging errors in law, pursuant to CCP S 557(7). Request for Judicial Notice. County requests judicial notice, pursuant to CRC 3.1113(1) and Evid. Code 452, o...

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: ...ng party is entitled to judgment as a matter of law. "A defendant...has met his or her burden of showing that a cause of action has no merit if the party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to the cause of action. Once the defendant has met that burden, the burden shifts to the plaintiff to show that a triable issue of one or more ma...

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: ...otion is unopposed. As a preliminary matter, the Court grants leave to file a brief in excess of the allowable pages. Final Approval of the Settlement. The parties agreed to settle the case for $225mom. The breakdown of the settlement is as follows: Total Settlement Amount $225,0CLOO Attorneys' Fees - Litigation Costs and Ex#nses -$12,934.57 Settlement Administration Costs -$7 ,cm.rw 2 PAGA Payment to LWDA -$11,250.00 Incentive Award -$10,CM.lN N...

Excerpt: ...ction Pending Federal Court Decisions: Defendants Brius Management Co., Brius, LLC, Schlomo Rechnitz, Windsor Redding Care Center, LLC Lee Samson and S&F Management move for a stay of this action. This matter was previously removed to federal court but ordered to be remanded back to the Shasta County Superior court. Defendants a stay until their appeals of the remand order are concluded. Merits of Motion: "[A1 court ordinarily has inherent power,...

Excerpt: ...a County Su#rior Court, naming Shasta County, Shasta County Sheriff's Department, and 25 as Defendants. Defendant Shasta County filed an Answer on February 18, 2020, and removed the action to Federal District Court on February 21, 2020. On November 2, 2022, the Federal District Court granted summary judgment and dismissal of Plaintiff's federal claims, and declined jurisdiction over the remaining state law claims. On January 24, 2023, the case wa...

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: ...(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 plai...

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: ...es are evasive/incomplete or contain unmeritorious objections. CCP S 2030.300(a)(1) & (3). Likewise, a party propounding a request for production may move for further responses if the response is evasive/inadequate or contain unmeritorious objections. CCP S 2031.310(a)(2)-(3). A respondng party has the burden to justify any objection or failure to fully answer an interrogatory. Coy v. Superior Court (1962) 58 Cal.2d 201, 220-21. In this instance,...