Excerpt: ...on to the present motion was filed by an attorney purporting to represent the plaintiff. However, no substitution of counsel has been filed. The Court does not strike the opposition and does consider it on its merits. However, if counsel intends to represent the plaintiff going forward, a substitution of counsel must be filed, or future documents may be ordered stricken. On the merits, Defendant's motion to set aside the entry of default filed No...

Excerpt: ... Complaint contains causes of action for: 1) retaliation in violation of Cal. Health & Safety Code § 1278; 2) retaliation in violation of FEHA; 3) violation of Cal. Lab. Code § 1102.5; and 4) wrongful termination in violation of public policy. This matter ison calendar for: 1) the motion by Plaintiff to compel further responses to employment form interrogatories and requests for production of documents directed at Defendant and for sanctions (�...

Excerpt: ...n appropriate remedy. (CCP § 128).” The notice of motion indicates that it is based on… Code of Civil Procedure § 2031.320 and Code of Civil Procedure § 128.” Code of Civil Procedure section 2031.320 provides, in essence, that a party that files a response to an inspection demand, but thereafter fails to permit the inspection in compliance, the demanding party may move for an order compelling compliance. This action has seen several demu...

Excerpt: ...nd in pain. Plaintiff's presently operative third amended complaint contains causes of action for: 1) direct and vicarious negligence; 2) battery; and 3) physical abuse of an elder (Cal. Welf. & Ins. Code (“W&IC”) § 15600 et seq.) (the “TAC”). This matter is on calendar for Defendant's motion pursuant to Cal. Code Civ. Proc. (“CCP”) § 437c for summary judgment or, in the alternative, summary adjudication as to each cause of action i...

Excerpt: ...t A to the 2/22/20 Petition is a photocopy of the final page of the 2011 Trust attached as Exhibit B to the 2/22/20 Petition” is DENIED. This is not a “fact” that is “not reasonably subject to dispute and [is] capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” (Evid. Code §452(h).) Respondents' motion for judgment on the pleadings is GRANTED, with leave to amend. Petitioner has te...

Excerpt: ...titled to those fees already incurred, i.e., $1,237.50. Thus, the Court will enter judgment against Defendant in the total amount of $51,237.50. This action arises from an agreement between Plaintiff and Defendant whereby Defendant would supply two 120-barrel brite beer jacketed tanks for $35,000 each and one 220-barrel brite beer jacketed tank for $53,000. (Motion at 1:27-2:1.) When the tanks were delivered, Plaintiff “noticed that the 220-bar...

Excerpt: ...Defendants shall file and serve an answer within 10 days of service of the Court's order denying the demurrer and motion to strike. Plaintiff shall, within five days of the date of this ruling, submit a proposed conforming order for approval on each other party or parties to the action. The proposed order shall be submitted to this Court after a five day review period, or following written approval, in conformance with California Rules of Court, ...

Excerpt: ...2) retaliation (against SPLC); 3) common counts (against all Defendants); 4) breach of the covenant of good faith and fair dealing (against SPLC); 5) failure to page wages pursuant to Cal. Lab. Code (“LC”) §§ 200-203 and the FLSA (against SPLC and Singler); and 6) failure to pay all hours worked pursuant to LC § 1194 et seq. and the FLSA (against SPLC and Singler); 7) waiting time penalties pursuant to LC §§201-203 (against SPLC and Sing...

Excerpt: ...ntiff performed, Defendants refused to pay. It seeks to collect the money owed. Defendant Martin Kobus (“Kobus”) filed a cross-complaint, followed by a First Amended Cross-Complaint (“FACC”), against Plaintiff and its insurer. Kobus in part seeks compensation for damages resulting from Plaintiff/Cross-Defendant Allred's failing to perform its full scope of work on the Project and performing substandard construction. As a result, he compla...

Excerpt: ...person appointments due to the COVID- 19 shutdown, making it difficult to retain an attorney. This, asserts Defendant, delayed his efforts to respond to the complaint, leading to the default. He states that he contacted “multiple” attorneys who were either unable or unwilling at the time to take him on as a client. He also learned of the document-preparation services of LDA4You too late to prevent the default. He provides a proposed answer. P...

Excerpt: ...AM vehicle. The parties reached a settlement whereby the issue of reasonable attorneys' fees, costs, and expenses to be awarded would be determined by the Court, and this matter is on calendar for Plaintiff's motion wherein Plaintiff is seeking $57,227.31, comprised of $43,051.00 in attorney fees; $4,218.66 in costs and expenses; a lodestar multiplier enhancement of 0.15 which adds $6,457.65; and (d) an additional $3,500.00 for estimated time spe...

Excerpt: ... to file a timely Government Claim with sufficient facts to support his claim for unpaid wages. The demurrer is OVERRULED on all other grounds. Plaintiff has twenty (20) days from service of the notice of entry of order to file and serve a second amended complaint. This action arises from Plaintiff's employment for Department of State Hospitals (“DSH”) from September 7, 2010 through October 19, 2018. (FAC at ¶¶6-8.) During his employment, P...

Excerpt: ...sufficient to constitute a cause of action. Tom, Sheldahl, Russo, and Calix demur to the fifth cause of action for race/ancestry/color harassment in violation of FEHA and the sixth cause of action for disability harassment in violation of FEHA on the ground that Plaintiff fails to plead facts sufficient to constitute a cause of action. Calix demurs to the fifteenth cause of action for violation of Labor Code section 232.5 (retaliation for reporti...

Excerpt: ...igations under the Labor Code, including Failure to Pay Wages and Overtime; Failure to Pay Prevailing Wages on Public Works; Failure to Pay Wages of Terminated or Resigned Employees; Failure to Provide or Compensate for Missed Meal and Rest breaks; Recovery Under Public Works Bonds; UPA thereby also breached its contract and committed Unfair Competition. Plaintiffs allegedly also filed stop notices with the City, resulting in the city withholding...

Excerpt: ... of action aside from one cause of action for negligence and one cause of action for violation of Health & Safety Code section 7100. Plaintiff may, as part of these causes of action attempt to plead a basis for damages for negligent infliction of emotional distress. Plaintiff does not have leave to amend to seek any damages for intentional infliction of emotional distress or any punitive or exemplary damages of any sort. Plaintiff does not have l...

Excerpt: ...87.1 on the grounds the subpoena seeks “confidential information that is protected from production by the attorney client privilege and work product doctrine.” (Id. at 3:27-28.) Respondent points out that prior to Myrtle's death on January 5, 2020, Mr. Fisher drafted the trust in question, as well as four amendments thereto, and Respondent concedes that these documents are discoverable. However, Respondent contends that after Myrtle's death, ...

Excerpt: ..., LC § 2698 et seq. (the “Complaint”). The Court granted a motion for conditional certification of the class and preliminary approval of the class action settlement on October 28, 2020 and a written order was entered on November 9, 2020. This matter is on calendar for Plaintiff's unopposed motion for final approval of the settlement, approving distribution of the settlement funds pursuant to the terms of the settlement, approving Plaintiff's...

Excerpt: ...ation, i.e., Vineyard Luxury Apartments in Petaluma, CA. Plaintiff brings this motion under Rule of Court 3.769 which states in part that “[a] settlement or compromise of an entire class action, or of a cause of action in a class action, or as to a party, requires the approval of the court after hearing.” (Cal. R. Ct. 3.769(a).) In the motion, Plaintiff seeks an order (1) provisionally certifying the proposed class; (2) preliminarily approvin...

Excerpt: ...ons in the amount of $5,561 and, (4) for any further sanctions deemed appropriate by this Court for Plaintiff's failure to obey the Court's prior order. The motion is granted, in part, and denied, in part. The motion to compel Plaintiff's deposition is GRANTED. The Court will order the parties to meet and confer and pick a date for Plaintiff's continued deposition, which shall occur no later than Wednesday, March 24, 2021. As to Defendant's reque...

Excerpt: ...tion is accompanied by a proof of service, and there is a proof of service accompanying the Notice of Continued Hearing setting forth the present hearing date, yet no opposition was filed. The unopposed Motion is GRANTED with respect to the form interrogatories and demands for production but DENIED with respect to the requests for admission, and the request for sanctions is GRANTED but only in the reasonable amount of $800. Defendant shall serve ...

Excerpt: ...mend the judgment. I. The February 10, 2021 Minute Order The February 10, 2021 Minute Order relating to the Contempt Application (the “Minute Order”) summarized the relevant procedural history as follows: plaintiffs/judgment creditors Mr. Davis and Mr. Nord, represented by attorney McCutchan, filed a motion to amend the October 6, 2016 judgment and the March 20, 2017 amended judgment against Robert Edward Zuckerman entered in this action, nun...

Excerpt: ...mend the judgment. I. The February 10, 2021 Minute Order The February 10, 2021 Minute Order relating to the Contempt Application (the “Minute Order”) summarized the relevant procedural history as follows: plaintiffs/judgment creditors Mr. Davis and Mr. Nord, represented by attorney McCutchan, filed a motion to amend the October 6, 2016 judgment and the March 20, 2017 amended judgment against Robert Edward Zuckerman entered in this action, nun...

Excerpt: ... motion specifying the particular discovery sought to be conducted, following a substantive meet and confer between counsel (the “November Ruling”), and the present motion followed. The Motion is GRANTED with respect to the requests for production (Smith Decl. Ex. A), the interrogatories (Smith Decl. Ex. B), and the depositions of Plaintiff Cody Molica (“Plaintiff”) and James Shubert (Smith Decl. Exs. C and D). CCP §2024.050. The Motion ...

Excerpt: ...“Agreement”), the Court would retain jurisdiction to enforce the Agreement. This matter is on calendar for Plaintiff's motion pursuant to CCP § 664.6 “to order [Defendant] to pay Plaintiff the sum of Fifty-seven Thousand Five Hundred Dollars ($57,500.00) plus interest in accordance with law” pursuant to the terms of the Agreement. Notice of Motion at 2:2-6. The Motion is DENIED without prejudice to Plaintiff bringing a CCP § 664.6 motio...

Excerpt: ...information that may be used against Plaintiff in this action. As indicated in the memorandum of points and authorities, the motion is brought pursuant to Rules of the State Bar of California, Rule 1.9. The motion is DENIED. Rule 1.9(a) reads, in part: “A lawyer who has formally represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materi...