Excerpt: ...198); third cause of action for Failure To Provide Rest Periods (Cal. Lab. Code §§ 226.7 & H98); fourth cause of action for Failure To Furnish Accurate Itemized Wage Statements (Cal. Lab. Code § 226); fifth cause of action for Failure to Timely Pay Final Wages at Termination (Cal. Labor Code §§ 201- 203); sixth cause of action for Failure to Reimburse Expenses (Cal. Lab. Code § 2802); seventh cause of action for Unfair Competition (Cal. Bus...

Excerpt: ...mmon counts] are good against special as well as general demurrers.” (4 Witkin, Cal. Proc. 5th Plead § 553 (2008); see also, Moya v. Northrup (1970) 10 Cal.App.3d 276, 279: “A pleading which is sufficient as a common count is not generally subject to general demurrer or to special demurrer on the ground of uncertainty.”) Furthermore, special demurrers are impermissible in limited civil cases. (CCP §92(c).) Additionally, if the court did r...

Excerpt: ...to a contractual relationship with them. Generally, attorneys in California owe no duty of care to non-clients with whom they are not in privity. Borisoff v. Taylor & Faust (2004) 33 Cal.4th 523, 529. Plaintiffs argue that there is an attorney-client relationship with Taran but the agreements attached to the complaint all show that Taran signed only for Plaintiff Wholistic Investments, LLC (“Wholistic”) and that Wholistic was the only client....

Excerpt: ...e court held that Plaintiffs/Cross-Defendants were the prevailing parties and “may file a timely Memorandum of Costs.” The Memorandum of Costs was timely filed and served by mail on May 17, 2019. Defendants/Cross-Complainants move to strike or tax certain elements of the costs on the ground that costs are either inappropriate in their amount or that they are not entitled to claim specific costs. Code of Civil Procedure section 1032, subdivisi...

Excerpt: ...26, 2018. Defendant's answer generally denied each statement in the complaint and raised affirmative defenses that the complaint is barred by the statute of limitations, that the complaint fails to state facts sufficient to allege any valid cause of action, that plaintiff has no admissible evidence, and that any income defendant has is exempt from all levy, garnishment, or other collection action. In addition to the facts pleaded, this court may ...

Excerpt: ...he original complaint and its amendments allege an injury based upon defective roofing and water intrusion into Plaintiffs' residence. The proposed Third Amended Complaint alleges personal injury based upon a fall from a ladder and property damage based upon the removal of a tarp and other materials from the plaintiffs' roof. As the proposed new causes of action do not relate back to the original complaint, they are barred by the statute of limit...

Excerpt: ...ettlement and Plaintiff Counsel's application for an award of fees and litigation costs (“Final Fairness Hearing”) at which Class Members may be heard. The motion is GRANTED. The Final Fairness Hearing will be held on December 18, 2019 at 3:00 p.m. in Courtroom 17. Plaintiff shall file a motion for final approval by December 6, 2019. The total settlement is for $250,000.00, which can be broken down as follows: up to $83,333.33 as attorney's f...

Excerpt: ...eet Defendants' burden, or change the outcome of the motion. The Court notes that both sides establish all of their facts with the following exceptions: in fact 2, Defendants fail to establish that the Lease “requires” Plaintiffs to provide an addendum, or what the term fully means; in response to fact 4, Plaintiffs posit merely argument, not fact. Defendants fail to meet their burden because their position relies on a single asserted interpr...

Excerpt: ...tation; Fifth Cause of Action for Reformation of Contract; and Sixth Cause of Action for Violation of Bus. & Prof. Code section 17200 (Unfair Business Practices). Plaintiffs Michael Cantarutti and Carolyn Cantarutti (together “Plaintiffs”) allege Defendant State Farm and its agents have failed to pay money due and owing under a homeowners' insurance policy number 57-CV-B458-6, underinsured Plaintiffs' property, and failed to properly inspect ...

Excerpt: ... and Plaintiff flatly refused to come get it, did not ask her family to get it, refused repeatedly to respond or make contact with Defendant, and made additional demands on Defendant. Defendant also argues that if this is based on oral contract the statute of limitations ran before Plaintiff filed the complaint. The elements of conversion are 1) plaintiff's ownership or right to possession of personal property; 2) interference with plaintiffs “...

Excerpt: ...ny judge or court unless made according to this section.” Here, plaintiff has failed to comply with CCP §1008(b), which states: A party who originally made an application for an order which was refused in whole or part, or granted conditionally or on terms, may make a subsequent application for the same order upon new or different facts, circumstances, or law, in which case it shall be shown by affidavit what application was made before, when ...

Excerpt: ...ides that plaintiff will dismiss the action while the parties request the court retain jurisdiction to enter judgment under CCP §664.6 in the event defendant defaults on the settlement payments. That would have been the preferred course to vacating a judgment entered over six months ago, but as explained below, the court will exercise its equitable authority to vacate the judgment under the unique circumstances at bar. Six months has passed sinc...

Excerpt: ...xit” and “[i]nstead of properly stopping, the driver of the truck [i.e., Defendant] then blew a freight horn within close proximity to Plaintiff, causing immediate physical injury. (Complaint at ¶¶9-10.) Plaintiff filed the Complaint on March 18, 2019 and asserts causes of action against Defendant and Ferina Trucking Co. for negligence; negligent supervision/hiring; assault; battery; intentional infliction of emotional distress (IIED); and ...

Excerpt: ... beneficiaries of the Trust. Petitioner alleges Peter and Lydiaexertedundue influence over their mother and engaged in financial elder abuse. Specifically, she alleges the following causes of action: (1) recission and nullification of purported first amendment to trust; (2) constructive trust; (3) financial elder abuse; (4) demand for accounting by attorney-in-kind as to Peter S. Fanucchi; (5) <004b004c001e0003000b00 00470003004900520055[ a trust...

Excerpt: ...de of Civil Procedure section 438(c). When brought by a plaintiff, a motion for judgment on the pleadings must be based on the assertion “that the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to <0003005200490003002600 00460048004700580055[e section 438(c)(1)(A). Otherwise, the rules governing demurrers basically apply. Cloud v. Northrop Grumman ...

Excerpt: ... (collectively, “the Mahrts”). The Mahrts then promised to rebuild the House, which Plaintiff had still been living in and leasing, and that they would continue to lease it to Plaintiff so he could live there. This allegedly lead him, in reliance on the promises, to provide services to Defendants related to the Premises valued at about $10,000, with the expectation that he could continue to live on the Premises. The Mahrts rebuilt the House b...

Excerpt: ... on the account and failed to make payments as they became due and owing. (Id. at 1-6, 11-15.) The last payment applied to the account was on or about November 12, 2015. (Id. at 7, 16.) Plaintiff filed the underlying complaint on November 18, 2018 and asserts common count causes of action for account stated and open book account. On November 2, 2018, Defendant filed an answer and asserted multiple affirmative defenses to Plaintiffs claims. This m...

Excerpt: ... the business of providing animal processing services throughout North and South America and Chavez alleges they employed him as a sanitation worker in California. According to Vincit's website, it is a “single source provider” with a “network of eight member companies that delivers maximum efficiency through vertical integration.” QSI is listed as one of Vincit's eight member companies. As part of a comprehensive tentative ruling, this c...

Excerpt: ...018 and despite multiple efforts to meet and confer, Plaintiff has failed to respond. Defendant also seeks an award of monetary sanctions in the amount of $690 for her costs and attorneys' fees in connection with bringing this motion. Second, Defendant moves for an order that all facts stated in her requests for admissions, set two, propounded to Plaintiff be deemed admitted. Defendant brings this motion <0013001600160011001500 005100030057004b00...

Excerpt: ...on by Defendant to compel further responses from Plaintiff to its requests for admission, requests for admission of genuineness of documents, form interrogatories, special interrogatories, and requests for production of documents, and for monetary sanctions. The unopposed Motion is GRANTED as set forth below. The Court finds that sanctions are warranted, but because the Motion was unopposed, the Court will award Defendant its attorneys' fees and ...

Excerpt: ...ine” or attempting to litigate by “surprise” are not valid bases for refusing to comply with the deposition notices. While strategic considerations may have dictated Defendant's conduct, there was nothing improper about its decision to make a general appearance and serve deposition notices after it was served with Plaintiffs' written discovery. The Discovery Act explicitly allows a defendant to conduct any and all discovery as soon as it ap...

Excerpt: ...scovery completed and the stage of the proceedings, the experience and views of counsel, the presence of a governmental participant, and the reaction of the class members to the proposed settlement.” (Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801.) “The inquiry ‘must be limited to the extent necessary to reach a reasoned judgment that the agreement is not the product of fraud or overreaching by, or collusion between, the negotiati...

Excerpt: ... rights and safety of others. “The trial court has discretion to allow amendments to the pleadings ‘in the furtherance of justice.' (Code Civ.Proc., § 473.) This discretion should be exercised liberally in favor of amendments, for judicial policy favors resolution of all disputed matters in the same lawsuit.” (Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1047.) “[A]bsent a showing of prejudice to the adverse party, ...

Excerpt: ...lude “[t]he title of the plaintiff as to which a determination under this chapter is sought and the basis of the title…” Based on the stipulated court order entered in the matter of the Errol E. Cropsey Revocable Trust in Sonoma County case number SPR-78788, the real property at issue in this action, 11871 Bodega Highway, Sebastopol, California, Assessor's Parcel Number 073-090-008, was deemed an asset of the Errol E. Cropsey Revocable Trus...

Excerpt: ...from the original holder to Defendant and therefore, any assignment of the Deed of Trust is invalid and the subsequent foreclosure has no legal effect; (2) the loan “may have been securitized” because “[v]irtually all of the Mortgage Backed Securities issued by [Defendant's predecessor in interest] were private placement securities…” and if these securitized mortgages were used as collateral by the lender to secure loans from the Federa...