Excerpt: ...der vacating the trial date, none of which can be attributed to the fault of any party herein, the Court finds that the interests of justice and a balancing of the equities dictate that any pretrial deadlines that had not expired prior to the issuance of the Court's order vacating the trial date should likewise be vacated and remain open, to be calculated from the new trial date once it has been assigned. The above ruling shall not apply to the d...

Excerpt: ...e product of dividing the net settlement by the number of class members. The Court also would like an explanation of how the settlement administrator will hold and/or invest the settlement funds as they are paid in over a 21 month period. Finally, the Court questions whether it is appropriate to give final approval to the settlement before the settlement proceeds are distributed to the class members. Counsel should be prepared to discuss these is...

Excerpt: ...sclose, both technical matters that can be easily corrected. Otherwise, the 2 nd, 3 rd, 4 th and 5 th causes of action are pleaded in sufficient detail. The Demurrer as to the 2 nd, 3 rd, 4 th and 5 th causes of action is therefore sustained. The Demurrer as to the 10 th and 11 th causes of actions is overruled. Plaintiff is not required to plead specifically which business it lost on what contracts. The Demurrer as to the 13 th and 14 th causes ...

Excerpt: ...endent abuse, not as stand-alone causes of action. None of the case law cited by Defendant holds that the types of allegations complained of should be stricken from a complaint like this one. Defendant further argues that Plaintiff has admitted that Defendant's staff was appropriately trained, so that allegations charging otherwise should be stricken. In fact, however, a review of the Complaint indicates that Plaintiff alleges that Defendant knew...

Excerpt: ...position that some of the interrogatory responses were not accurate. Plaintiffs were dilatory in bringing the motion by waiting until ten days before the discovery cut off to depose defendant's PMQ, and then delaying to file its motion, such that it would have been heard less than 30 days before trial. However, the new trial date eliminates any concern of delay of that trial due to the granting of this motion. Moreover, defendant is not blameless...

Excerpt: ... Court finds that while isolated portions of the pleading may be ambiguous, the allegations are sufficient to apprise the Cross-Defendants of the conduct complained of. As to the asserted ground of misjoinder of parties (Code Civ. Proc. §430.10(d)), the Court finds that the factual allegations concerning Ms. Boer appear to be related to her position as an officer of the corporation, which is a named Cross-Defendant in the action. (b)The Court fi...

Excerpt: ...emonstrating a material factual dispute. Plaintiff has failed to meet her burden in this regard, as there is no evidence of a contract supporting the subject cause of action as a matter of law. Therefore, the Motion is GRANTED as to the Second Cause of Action. As to the Third Cause of Action for Negligent Infliction of Emotional Distress, the Court finds that Defendants, as the moving parties, have met their initial burden of demonstrating prima ...

Excerpt: ... collision, whether the physical characteristics of the intersection exposed pedestrians to increased danger from third party negligence, whether the driver would have responded to any additional signage or warning devices such as flashing beacons, rumble strips, etc., and whether a driver striking a pedestrian at the intersection, be it due to sun glare, shadows, lack of warning signs and devices, or any combination of these and other factors di...

Excerpt: ...r and employee' or ‘independent contractor' for statutory purposes, including, but not limited to, withholding taxes on wages and for purposes of unemployment compensation, shall be governed by Section 650 and Sections 13000 to 13054, inclusive, of the Unemployment Insurance Code.” Section 650 of the Unemployment Insurance Code sets forth that no employment relationship exists if three criteria are met, all of which are met here. The Court re...

Excerpt: ...ourt made it plain in its February 27, 2020 Order that the prior iteration of this motion was denied without prejudice, and Defendant was granted a final opportunity to present the motion properly, which he has now done. Defendant has asserted that he was surprised by the default judgment against him in light of his discussions with Plaintiff's attorney, and the Court finds this contention sufficiently credible to warrant granting the motion. 2. ...

Excerpt: ... of “mistake, inadvertence, surprise, or excusable neglect” to warrant vacating the default judgment under Code of Civil Procedure section 473, subdivision (a). b) Defendants' Demurrer and c) Defendants' Motion to Strike – The Demurrer is SUSTAINED with leave to amend and the Motion to Strike is GRANTED. Plaintiff has not alleged any facts tending to prove that the moving Defendants acted in concert or conspiracy with the defendants who wer...

Excerpt: ... Complaint by producing evidence of each element of the cause of action asserted therein. (Code Civ. Proc. §437c(p)(1).) The burden then shifts to Defendant to demonstrate that a triable issue exists as to one or more material facts as to the cause of action or a defense thereto. Defendant has failed to carry her burden in this regard and has produced no controverting evidence. Moreover, Defendant's opposition is deficient in that she entirely f...

Excerpt: ...27, 435.) Here, Petitioners have demonstrated that the fact that they were 25 days late in filing their claim was the result of excusable neglect or mistake. Specifically, Petitioners' counsel stated in a Declaration that he originally met with Petitioners in late August, 2019. The Petitioners at that time said that they needed to think about how to proceed. Thereafter, counsel failed to ensure that Petitioners had retained other counsel or decid...

Excerpt: ...ucing evidence demonstrating the existence of material factual disputes, specifically with regard to whether harassing conduct directed against him by Defendant based on his sex continued into the early months of 2014, which would render the December 2014 administrative complaint and, in turn, the Complaint herein, timely. (See, at a minimum, Plaintiff's Additional Material Facts 7, 8, 9, 12, 14, 15 and supporting evidence.) Therefore, the motion...

Excerpt: ...on to Compel Arbitration and Stay Action is GRANTED. Under the Federal Arbitration Act, “a heavy presumption weighs the scales in favor of arbitrability.” (O'Malley v. Wilshire Oil Co. (1963) 59 Cal.2d 482, 490-91.) The FAA preempts and invalidates all state laws and judicial decisions that disfavor arbitration, that single out arbitration provisions for higher scrutiny, or that are inconsistent with the purpose of the FAA and the U.S. Suprem...

Excerpt: ...f the Court. (Mansour v. Superior Court (1995) 38 Cal.App.4 th 1750, 1756.) While it would have been better practice for the City to have made it explicit that it was appearing specially, the Court cannot infer from the City's actions that it intended a general appearance. The City's assertion that Plaintiffs proffered their claim late, and that the City rejected their application for leave to present a late claim, is not well taken. First, Secti...

Excerpt: ... off calendar, and the parties will be required to re-notice those motions when the stay expires. The Court further GRANTS IN PART AND DENIES IN PART Plaintiff's request for a determination regarding the tolling of the 5 year statute contained in Code of Civil Procedure section 583.310. The Court finds that Code of Civil Procedure section 583.340 requires that the five-year time period be computed excluding any time during which the litigation wa...

Excerpt: ...ficant interest in proceeding expeditiously and the potential for prejudice exists due to the delay that would be imposed by a further two-year stay of the entire civil proceeding. Therefore, the Court orders that all discovery proceedings directed to Defendant shall be stayed until such time as the criminal action has been dismissed with prejudice. Discovery directed to the corporation and/or non-party witnesses may proceed, subject to the Court...

Excerpt: ...) With regard to the issue of valuation as it pertains to the amount of the undertaking required by Code Civ. Proc. §515.010 et seq., the Court is inclined to find that Defendant possesses no interest in the property; therefore, no undertaking is required of Plaintiff herein. (Code Civ. Proc. §515.010(b).) However, Defendants shall be required to file an undertaking in the amount of $188,668.74 as a redelivery bond. (Code Civ. Proc. §515.020.)...

Excerpt: ...sistent with the State's goal of benefitting the public through enforcement of its labor laws. Specifically, the motion lacks a discussion of the reasonableness of the proposed settlement as compared to the maximum potential liability on the part of Defendant herein. In fact, it appears that the motion fails to identify the maximum penalties for the various Labor Code violations alleged in the First Amended Complaint, each of which may arguably g...

Excerpt: ...President during the relevant time. However, Plaintiff has failed to make any case that Dr. Herr bears such responsibility. There is no genuine issue of material fact regarding Dr. Herr's lack of liability for Plaintiff's claims, and summary judgment is therefore appropriate. Defendant Natalyn Bergman, on the other hand, testified via declaration that she saw Defendant only once to discuss one of his medications, and that this was her “one and ...

Excerpt: ...of Defendant's request, he has failed to demonstrate why such materials could not have been submitted previously with the exercise of reasonable diligence. Therefore, the renewed motion is denied. Lastly, the Court declines to exercise its equitable powers to issue a different ruling on the underlying motion, as it finds that the materials submitted herein are not persuasive in establishing extrinsic fraud or mistake in connection with the proof ...

Excerpt: ...orp. (2004) 34 Cal.4 th 979. The Robinson Helicopter courtdid not rule that a fraud cause of action is barred against the manufacturer of a product that causes economic injury, and such is not California law. (See, e.g., Harris v. Atlantic Richfield Co. (1993) 14 Cal.App.4 th 70, 78 (“when one party commits a fraud during the contract formation or performance, the injured party may recover in contract and tort”).) Plaintiff is also correct in...

Excerpt: ... to Code Civ. Proc. §364. Therefore, the demurrer to the First Cause of Action is OVERRULED. With regard to the Second Cause of Action, the Court finds it to be uncertain. (Code Civ. Proc. §430.10(f). To the extent that the Second Cause of Action restates Plaintiff Shabo's claim for wrongful death as a claim for “Loss of Consortium,” it involves the same primary right as that asserted in connection with the First Cause of Action and is, the...

Excerpt: ...e anything to do with Wiley Chandler for fear that he will sue. Second, Foster complains of invasions of its own privacy and that of its directors and stockholders. Third, Foster questions the relevance of the documents sought. Finally, Foster argues that the subpoena is governed by Evidence Code section 1560, and thus that sanctions are not available to CEMG. First, Mr. Chandler waived any objection he might have to Foster's production of docume...