Excerpt: ...ertainable amount of money damages for the breach of monthly payment obligations from an agreement to purchase Plaintiffs' property. (Complaint, ¶¶ 11, 15.) Injunctive relief is not available for breach of contract unless it appears that monetary relief would not afford an adequate remedy or that it would be extremely difficult to ascertain the amount of damages. (Pac. Decision Scis. Corp. v. Superior Court (2004) 121 Cal.App.4th 1100, 1110; Th...

Excerpt: ...f the order sustaining the demurrer, they have not shown that they are likely to succeed in obtaining reconsideration of the order that would result in a ruling overruling the demurrer. Motion for Summary Judgment/Adjudication Defendant City of Vallejo's unopposed motion for summary judgment is granted. Plaintiffs filed non‐opposition, essentially conceding the merits of the motion. Not only is Plaintiffs' failure to comply with the requirement...

Excerpt: ...Plaintiff to submit, to a mental examination, by Dr. Rachyll Dempsey, Psy. D., California Board Certified and licensed clinical psychologist. If the notice of motion and other motion papers provide the correct legal basis for the court to make its ruling, the court can grant it, even if the title of the motion is inaccurate. Austin v. Los Angeles Unified School Dist. (2016) 244 Cal. App. 4th 918 [court could consider a request for relief based on...

Excerpt: ...d proceedings are therefore limited to those specified in the reviewing court's directions, and if the reviewing court does not direct the trial court to take a particular action or make a particular determination, the trial court is not authorized to do so.” (Ayyad v. Sprint Spectrum, L.P. (2012) 210 Cal.App.4th 851, 859‐860.) The proposed amended complaint continues to seek to expand the action beyond the scope of the court's jurisdiction. ...

Excerpt: ...ed Plaintiffs' evidentiary submissions and having weighed all relevant factors, class counsel shall be awarded reasonable attorneys' fees of $372,736, which represents the full lodestar amount for the 532.4 hours of attorney and legal assistant time claimed, with the remainder to revert to the common fund. The lodestar amount already incorporates inflated hourly rates for counsel far in excess of prevailing rates for attorneys in Solano County, s...

Excerpt: ...lin v. Nat'l Convenience Stores, Inc. (1979) 95 Cal.App.3d 279, 285‐286; see, Food Pro Int'l, Inc. v. Farmers Ins. Exch. (2008) 169 Cal.App.4th 976, 994 [mere carelessness or ignorance does not justify punitive damages].) Conscious disregard alone is no longer sufficient to establish malice and an award of punitive damages requires either the intent to harm the plaintiff or both willful and despicable conduct. (Johnson & Johnson Talcum Powder C...

Excerpt: ... plaintiff alleging substantial compliance must therefore allege timely actual receipt of the claim by that public entity. Section 915(a)(1) reflects the Legislature's intent to precisely identify those who may receive claims on behalf of a local public entity. Section 915(e)(1) reflects the Legislature's intent that a misdirected claim will satisfy the presentation requirement if the claim is “actually received” by a statutorily designated r...

Excerpt: ...of Service (4/28/22).) A notice that fails to specify when it is to be heard is fatally defective. (Bohn v. Bohn (1913) 164 Cal. 532, 536‐537; Galleria Plus, Inc. v. Hanmi Bank (2009) 179 Cal.App.4th 535, 538.) If a party does not serve a notice that complies with the requirements of Code of Civil Procedure section 1010 within 60 days of the completion of the record of the deposition, the motion is untimely. (Weinstein v. Blumberg (2018) 25 Cal...

Excerpt: ...ure Section 473(b) reads (in pertinent part): “…Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his or her client, and which wi...

Excerpt: ...on. When the personal records of a consumer are sought, notice to the consumer must also be served. C.C.P. §1985.3(e). A consumer is broadly defined, to include any individual. C.C.P. §1985.3(a)(2). This gives that person “a chance to seek appropriate orders protecting the privacy of such records”. Edmon & Karnow (Weil & Brown), Civil Procedure Before Trial, §8:566, p. 8E‐54. C.C.P. §1985.3(a) defines “personal records” to include r...

Excerpt: ...se guests whose “coordination and judgment have been adversely affected by the consumption of alcohol.” (Allen v. Liberman (2014) 227 Cal.App.4th 46, 55, emphasis added.) Plaintiff continues to allege that Defendant, a minor, invited other minors to her home where alcohol was served and Plaintiff became intoxicated. (SAC, ¶¶ 10‐12.) Plaintiff continues to allege that Defendant failed to protect her from the risk of harm caused by the cons...

Excerpt: ..., 893 [motion may be denied for noncompliance with requirement of separate statement].) Even if the court considered the merits of the motion, it would be denied. Plaintiff has not demonstrated that the records sought from Deponent Cayton are “personal records” of a “consumer” as defined by Code of Civil Procedure section 1985.3(a) and therefore has not established that the deposition notice was untimely when served more than 10 days prio...

Excerpt: ...essary to understand the requests. The requests are neither vague nor ambiguous. Nonetheless, Defendant is allowed to assert that it does not have sufficient information to admit or deny a request for admission despite a reasonable inquiry, as it has for request number 23. Because Defendant's objections are not meritorious, its responses to subdivisions (b) and (c) of form interrogatory 17.1 are evasive or incomplete. Defendant's answers to subdi...

Excerpt: ... failure to engage in the interactive process under the Fair Employment and Housing Act (the “FEHA”). CDCR additionally moves to strike portions of the complaint pertaining to conduct allegedly occurring prior to September 20, 2019, as well as the complaint's prayer for prejudgment interest. Request for Judicial Notice. Matters subject to judicial notice may support a demurrer under Code of Civil Procedure section 430.30, subdivision (a). Def...

Excerpt: ...prevailing party” as used in Code of Civil Procedure section 1032 and it is insufficient to simply show that the plaintiff achieved a net monetary recovery. (Duff v. Jaguar Land Rover N. Am., LLC (2022) 74 Cal.App.5th 491, 504‐505; MacQuiddy v. Mercedes‐Benz USA, LLC (2015) 233 Cal.App.4th 1036, 1047.) Instead, this court must “take a pragmatic approach to determine which party has prevailed” and “determine which party succeeded on a ...

Excerpt: ...et her burden of showing “in what manner [s]he can amend h[er] complaint and how that amendment will change the legal effect of h[er] pleading” as to any of the causes of action. (Goodman v. Kennedy (1976) 18 Cal.3d 335, 349; Cooper v. Equity Gen. Ins. (1990) 219 Cal.App.3d 1252, 1263‐1264; McMartin v. Childrens' Inst. Int'l (1989) 212 Cal.App.3d 1393, 1408.) ...

Excerpt: ...ent amount to be fair and reasonable, and not the result of collusion, preferential treatment or conflicts of interest. The proposed PAGA payment and settlement administration costs also appear reasonable. The Motion is GRANTED subject to the following: 4) Based on the information currently before the Court, the requested attorney fees appear to be excessive. Locally, the range of 25% of gross settlement for attorney fees is the norm, absent extr...

Excerpt: ... conflicts of interest. The proposed PAGA payment and settlement administration costs also appear reasonable. The court also preliminarily finds that class certification is appropriate here based on the numerosity of the estimated eighty‐four class members and their well‐defined community of interest in their shared wage and hour claims. The named plaintiff shares the same claims as the class at large and is able to adequately represent the c...

Excerpt: ...o present the court with facts sufficient to show that the information about the property is credible and reliable. (Legis. Com. Comment to Code Civ. Proc. § 512.010.) “No writ directing the levying officer to enter a private place to take possession of any property shall be issued unless the plaintiff has established that there is probable cause to believe the property is located there.” (Code Civ. Proc. § 512.060(b).) The declaration atta...

Excerpt: ...posit Account Agreement” governing Plaintiff's account with Defendant Chase. Although he did not mention the agreement by name, Plaintiff incorporated the “Deposit Account Agreement” by reference in his complaint by alleging that he is a “depositor” of Defendant Chase. “The relationship of a bank and depositor is founded on contract, [citation] which is ordinarily memorialized by a signature card that the depositor signs upon opening ...

Excerpt: ... ¶¶ 14, 16.) A notice that fails to specify when it is to be heard is fatally defective. (Bohn v. Bohn (1913) 164 Cal. 532, 536‐537; Galleria Plus, Inc. v. Hanmi Bank (2009) 179 Cal.App.4th 535, 538.) If a party does not serve a notice that complies with the requirements of Code of Civil Procedure section 1010 within 60 days of the completion of the record of the deposition, the motion is untimely. (Weinstein v. Blumberg (2018) 25 Cal.App.5th...

Excerpt: ...w, or some other determinable legal standard. (Edwards v. Arthur Andersen, LLP (2008) 44 Cal.4th 937, 944; Korea Supply Co. v. Lockheed Martin Corp.(2003) 29 Cal.4th 1134, 1153‐1154; Della Penna v. Toyota Motor Sales, U.S.A. (1995) 11 Cal.4th 376, 392‐393.) “The tort of intentional interference with prospective economic advantage is not intended to punish individuals or commercial entities for their choice of commercial relationships or the...

Excerpt: ...that employer, such as a contractor doing business with that employer. McVeigh v. Recology San Francisco (2013) 213 Cal.App.4th 443, 471. In general, a demurrer must knock out an entire cause of action, or it should be overruled. Edmon & Karnow (Weil & Brown), Civil Procedure Before Trial, §§7:42.2 and 7:42.4, p. 7(I)‐21, and 7:156, pp. 7(I)‐72 and 7(I)‐73. Thus, as long as JOHN P. WHITNEY (“WHITNEY”) has in the amended petition/compl...

Excerpt: ...ause of action for conversion, Plaintiffs assert that it is undisputed that Defendant caused at least $84,000 in damages caused by Defendant's conversion of their proprietary data. (Plaintiffs' UMF 3.) This statement of “fact” is supported only by a generalized and simplistic estimate of damages based on a specified number of employees working an “approximate” amount of days for “up to” 12 hours a day, as well as speculative lost reve...

Excerpt: ... instant petition) was filed February 1, 2021, 193 days after 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 40200 et seq., which states that parking tickets “shall be governed by the civil administrative procedures set forth in this artic...