Excerpt: ...nant. Having tried highly complex cases that have been given statutory priority, the court genuinely appreciates the concerns expressed by Defendants NEW IMAGE 3 LANDSCAPE CO. and CITY OF FAIRFIELD regarding the intrinsic difficulties with preparing a serious matter for jury trial within 120 days. While the court appreciates the concerns, the concerns are a matter for the Legislature, not the Court. The only barrier at this juncture to granting s...

Excerpt: ...w Cause and Motion to Strike filed by COMPASS BANK, the answers filed on behalf of suspended corporations FAIRFIELD IMPORTS TWO, LLC; VALLEJO IMPORTS, LLC and VALLEJO CJD, LLC. were withdrawn. The Court granted Plaintiff's motion for summary judgment on February 26, 2021 as to Defendant FAIRFIELD CJD, LP and Guarantor Defendant HASSANALLY. In that ruling, Plaintiff was awarded $18,286,232.90 in principal, $1,917,480.29 in interest as of July 24, ...

Excerpt: ...ck loaders/unloaders and delivery drivers employed by Defendants to work at the FedEx Ground Package branch located at 5191 Fermi Drive, Fairfield, California during the period of four years prior to the filing of this action through the present.” Plaintiff seeks certification of the following subclass: “All hourly truck loaders/unloaders and delivery drivers employed by Defendants to work at the FedEx Ground Package branch located at 5191 Fe...

Excerpt: ...'s Motion to Deem Matters Admitted. Defendant MIKE TALKINGTON's unopposed motion to deem facts admitted is granted. Plaintiff MIKE LOWRIE TRANSPORT, INC., shall be deemed to have admitted all propounded Requests for Admission (Set Two). Defendant MIKE TALKINGTON's Motion to Compel Responses to Form Interrogatories (General) The motion to compel Plaintiff MIKE LOWRIE TRANSPORT, INC. to respond to written responses to form interrogatories filed by ...

Excerpt: ...emurrer based on uncertainty is disfavored, unless if renders the pleading impossible to know what charge is to be answered, or to determine how to investigate the charge through discovery. Edmon & Karnow (Weil & Brown), Civil Procedure Before Trial, §§7:85 and 7:86, p. 7(I)‐41. 5 The court does not find the 2nd cause of action here sufficiently “uncertain” to justify sustaining CHURCH's demurrer on that basis. The court sustains CHURCH's...

Excerpt: ...ion communications between the parties and putative class members to ensure fairness in class actions. (Barriga v. 99 Cents Only Stores LLC (2020) 51 Cal.App.5th 299, 307‐308.) The court has broad authority to make appropriate orders 2 that protect the integrity of the class and the administration of justice. (Id. at p. 328, citing O'Connor v. Uber Technologies, Inc. (N.D. Cal., May 1, 2014, No. C‐13‐3826 EMC) 2014 U.S.Dist. LEXIS 61066 at ...

Excerpt: ...on may have been delayed to the point in time when Plaintiff knew, or reasonably should have known, that CALIBER would not grant him successor in interest status and/or a loan modification. (Fox v. Ethicon Endo‐Surgery, Inc. (2005) 35 Cal.4th 797, 806‐807.) Plaintiff's complaint alleged that CALIBER continued to encourage him to make the loan payments and continued to ask him to submit documents to evaluate his request for successor in intere...

Excerpt: ...se with MedMark, knew that Plaintiff is an employee of MedMark, and, as evidenced by their tender in 2019, was well aware of the role of Medmark in this litigation. At the case management conference (“CMC”) on May 7, 2021, the court was informed by one or more parties that the reason the mediation did not take place as previously agreed and ordered was that Destan Investments unilaterally pulled out of the mediation at the last minute citing ...

Excerpt: ... relevant to the pending petition to compel arbitration. Opening up discovery to the potential class makes no sense and imposes the costs of significant discovery on Defendant in a case in which Plaintiff may not be able to serve as a representative in one or more aspects of this case and in which a petition to compel arbitration is pending. Further, without a prior court order and/or agreement by Plaintiff that engaging in this expanded scope of...

Excerpt: ... deposition testimony if the opposing party has no notice or expectation that the expert will offer the new testimony or if notice of the new testimony comes at a time when deposing the expert is unreasonably difficult. (Dozier v. Shapiro (2011) 199 Cal.App.4th 1509, 1519; Kennemur v State of California citing Easterby v. Clark (2009) 171 Cal.App.4th 772, 780; Boston v Penny Lane Cts., Inc. (2009) 170 Cal.App.4th 936, 952.) The parties agreed, an...

Excerpt: ...endant shall notify the court and opposing party by October 2, 2021 at 10 a.m. (As this case is scheduled with statutory priority to commence October 6, 2021, the parties have informed the court they will be working through the weekend.) Motion for Summary Judgment on Case Specific Grounds Defendant's motion for summary judgment on case specific grounds or, in the alternative, summary adjudication, is continued to October 6, 2021 at 10:30. Defend...

Excerpt: ...ter July 23, 2020, when DAYTON was mailed the challenged final administrative decisions on two parking citations. Review under Code of Civil Procedure section 1094.5 is not available for parking citations. Those are handled entirely under Vehicle Code section 20400 et seq., which states that parking tickets “shall be governed by the civil administrative procedures set forth in this article.” Division 17, Chapter 1, Article 3 of the Vehicle Co...

Excerpt: ...onduct and Plaintiffs' damages from experiencing childhood leukemia. (CCP, § 598.) In reaching this decision, the court understands that this case is distinct from cases involving non‐Hodgkins lymphoma (“NHL”) which has been definitively linked by the IARC to the substantial exposure to glyphosate based upon studies. Unlike NHL, Plaintiff's expert (a member of the IARC) testified that IARC has not linked ALL to exposure to glyphosate in ei...

Excerpt: ...'s Motion to Deem Matters Admitted. Defendant MIKE TALKINGTON's unopposed motion to deem facts admitted is granted. Plaintiff MIKE LOWRIE TRANSPORT, INC., shall be deemed to have admitted all propounded Requests for Admission (Set Two). Defendant MIKE TALKINGTON's Motion to Compel Responses to Form Interrogatories (General) The motion to compel Plaintiff MIKE LOWRIE TRANSPORT, INC. to respond to written responses to form interrogatories filed by ...

Excerpt: ...ritten settlement agreement on March 16, 2017 that provided that judgment for $11,320.00 would not be entered against Mr. Garza if he paid to Bank of America a minimum of $75.00 monthly from March 20, 2017 through August 20, 2018 followed by a minimum of $150.00 from September 20, 2018 until the balance of $11,320.00 was paid in full. The agreement further provided that in the event of default that Bank of America could move for a judgment for wh...

Excerpt: ...ng further meet and confer. During the July 9, 2021, hearing, Mr. Amin objected to the Receiver and GlassRatner being paid $172,000 in aggregate fees in the BMO matter. The Receiver and Mr. Amin were directed to further meet and confer and the Receiver to provide Mr. Amin with supporting documentation for the fees incurred. The court ordered that following meet and confer if specific objections to the fees persisted, HASSANALLY was required to su...

Excerpt: ... portion of Defendants' motion constitutes an improper disguised motion for reconsideration. (See, Morite of Cal. et al. v. Superior Court (1993) 19 Cal.App.4th 485, 490 [a motion for reconsideration pursuant to Code of Civil Procedure section 1008 is the exclusive means for a party to seek modification, amendment, or revocation of an interim order].) Defendants' demurrer to the third cause of action for negligence is sustained without leave to a...

Excerpt: ...Santa Clara Street, Ste 278, Hayward, CA 94544 (510) 266‐5826. Defendant served the motion upon Plaintiff and assignee. 4 COLLECTRIX subsequently filed an untimely opposition to this action. Further, a pro per cannot appear on behalf of a limited liability corporation as to do so constitutes an unauthorized practice of law. The court strikes the Opposition. The record shows that Mr. Childs had actual notice of the lawsuit. The lawsuit was maile...

Excerpt: ...ported by evidence and law. (See, e.g., Grappo v McMills (2017) 11 Cal.App.5th 996, 1013.) Plaintiff is awarded reasonable attorneys' fees of $21,381.02 in securing the default judgment as to Quinto, as calculated using the schedule of attorneys' fees in default matters provided by local rule. (Local Rules of Court, rule 9.1, subds. (a), (d).) Plaintiff has not established that the award of a higher amount is warranted or reasonable under the cir...

Excerpt: .... There are two essential elements to the issuance of a writ of mandate: 1) a clear, present, and usually ministerial duty upon the part of the respondent and 2) a clear, present, and beneficial right in the petitioner to the performance of that duty. (Venice Town Council v. City of Los Angeles (1996) 47 Cal.App.4th 1547, 1558.) Although the duty to screen an inmate appeal is ministerial, the decision to reject or cancel an inmate appeal is a dis...

Excerpt: ...is premature. There are numerous legal and/or factual issues that must be determined before the court can properly evaluate the motion to compel AAA appointment of a third appraiser, including, but not necessarily limited to, whether delivery of sealed appraisals to a mutually agreed‐ upon escrow agent was excused because of impossibility when the parties did not mutually agree upon an escrow agent; whether Defendants' refusal to consent to the...

Excerpt: ...this action. A central component of the discovery process is the identification of potential witnesses and the disclosure of names and addresses is generally considered to be a routine and essential part of pretrial discovery. (Puerto v. Superior Court (2008) 158 Cal.App.4th 1242, 1249‐1250.) Name and address information, while personal, is not particularly sensitive and may not arise to the level of a significant invasion in comparison to “m...

Excerpt: ...ilure to effectuate service on Plaintiff and defense was brought to the attention of Plaintiff's counsel. An amended motion was filed June 30, 2021, which did not supplement prior declarations in response to issues raised by the court on June 24, 2021, and again was not accompanied by any proof of service on Plaintiff's client or the counsel for defendants. Further, deficits with respect to representation of Plaintiff's interests were pointed out...

Excerpt: ...led they solely concern the payment of rents by individuals who are not parties to this case. As to Defendants, the demurrer is sustained without leave to amend. Specific Performance. The facts Plaintiff presents in its opposition brief concerning Defendants' alleged default on loan payments occurring after the first amended complaint was filed support leave to amend to allege a breach of contract cause of action but do not defend against the ins...

Excerpt: ...3AC ¶¶ 3‐4, 11‐14.) She alleges she objected directly to BRANSON who then used his position as her supervisor to harass and retaliate against her. (3AC ¶¶15‐16.) Subsequently, she complained to BRENDEN THEATRE's general manager and alleges that thereafter BRENDEN THEATRE failed to timely and properly investigate her complaint, and wrongfully discharged her while retaining BRANSON. (3AC ¶¶ 17‐18.) Plaintiff further alleges that durin...