Excerpt: ...urisdiction to make the finding. If Alvarenga Transport LLC wishes to argue that matter, the Court will hear it despite the lack of filed opposition. The Court finds that the notice of settlement, application for good faith determination and proposed order were timely filed and properly served, with proof of service timely filed, as provided by law. (Code Civ. Proc., § 877.6(a)(2); Cal. Rules of Ct., rule 3.1382.) The time in which any non-settl...

Excerpt: ...tness fees) $175.00 (out of claimed costs of $8,520.69) Item No. 11 (court reporter fees) $17,007.38 Item No. 12 (models, photocopies) $1,402.20 Total Costs Allowed: $32,791.38 Pursuant to CCP Section 1033.5(c)(2)&(3), allowable costs shall be reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation. Item No. 1 – Filing and Motion Fees If the court determines that CCP Section 1033.5 ex...

Excerpt: .... Fischer seeks summary judgment or, in the alterative, summary adjudication concerning respondents' Objection to First Account and Report as to the following issues: 1. Whether Mr. Fischer has expended funds from the Morgan Stanley account without an order of the Court thereby being in violation of the September 27, 2016 Order, which allegedly requires that the funds of the Trust held by Morgan Stanley shall remain blocked until a further order ...

Excerpt: ...standing, to carry out their custodial obligations. (Cal.Welf. & Inst.Code § 15610.57(b), Carter v. Prime Healthcare Paradise Valley LLC, (2011), 198 Cal. App. 4th 396, as modified (Aug. 24, 2011). Neglect includes failure to assist in the provision of food and to protect from health and safety hazards. (CACI 3103, Welfare & Institutions Code § 15610.57). “Recklessness” refers to a subjective state of culpability greater than simple neglige...

Excerpt: ... the burden of demonstrating (1) an arbitration agreement covering the controversy, (2) a demand for arbitration consistent therewith, and (3) a refusal by the other party to arbitrate. The burden rests with the party seeking to compel arbitration to establish these three prerequisites by a preponderance of the evidence. Sandquist v. Lebo Automotive, Inc. (2016) 1 Cal.5th 233, 244; Martinez v. BaronHR, Inc. (2020) 51 Cal.App.5th 962, 967. The Cou...

Excerpt: ... composed of accounts receivable in the sum of $703,938. Plaintiffs also seek to levy Defendant's bank accounts. Defendant's accounts receivable and bank accounts are not subject to a writ of possession. An application for a writ of possession “shall include a particular description of the property and a statement of its value”. (Code of Civil Procedure § 512.010). The Court finds that some items sought to be levied against are not listed wi...

Excerpt: ... regardless of the inclusion of a delegation clause in the subject agreement, these types of foundational issues must be determined by the Court. (Bruni v. Didion (2008) 160 Cal.App.4 th 1272, 1285.) The Court finds that Defendant has failed to meet its burden of establishing the existence of a valid arbitration agreement in this instance, based on the fact that none of the purported evidence submitted by the defense has been properly authenticat...

Excerpt: ...o the issues of whether Defendants breached their duty to provide Plaintiff with safe premises and whether Defendants' actions substantially contributed to Plaintiff's injuries. (See, at a minimum, Plaintiff's Additional Facts 72-77.) Plaintiff's objection to Exhibit E to Defendants' moving evidence (excerpts from Plaintiff's medical records) is SUSTAINED on the grounds stated. Plaintiff's objection to the Declaration of Anita Benjamin in support...

Excerpt: ...eks summary adjudication as to the following issues: 1. Petitioners' claim that Mr. Fischer has not filed the accounting as ordered by the Court; 2. Petitioners' claim that Mr. Fischer has not complied with the March 3, 2020 Order appointing him as successor trustee and has not filed any response to the Motion to Tax Costs; 3. Petitioners' claim that Mr. Fischer, in spite of having acknowledged service as a defendant in Case No. PR-19-000546, has...

Excerpt: ...2 of the joint stipulation says that “Within thirty (20) [sic] calendar days after preliminary approval,” Defendant shall provide the names of class members to the settlement admistrator. Counsel also stipulates to mailing the Class Notice within 30 days of preliminary approval. I prefer to honor the parties accelerated schedule but I am uncertain as to how to effectuate this. The Court intends to find good cause to certify the class for sett...

Excerpt: ... attorney affidavit of fault and finds counsel's acceptance of blame to be laudatory. That said, as a matter of law, the mandatory provisions of the relief statute only apply, based on the plain meaning of the text, to defaults (including default judgments) or dismissals and their procedural equivalents. (Vandermoon v. Sanwong (2006) 142 Cal.App.4th 315, 321. The Court is sympathetic to counsel's problems, but is puzzled as to two things: 1. The ...

Excerpt: ...make it easier to seek forgiveness than permission. 3. The Court notes it is tentatively unsympathetic to Defendant's argument as to the depositions of Robertson and Starr, as these appear to have been delayed not through the fault of Plaintiff. I will hear argument as to the objections to these depositions and the others. 4. There is a substantive alteration in the Dunlap declaration as to the hazard of the curve. Should the court consider this?...

Excerpt: ...s ordered to appear and show that, as ordered by the Court on January 31, 2023, he gave notice of this continued hearing. Also, Mr. Bravo is ordered to explain the status of plaintiff Avishak Davoud, as to whom Mr. Bravo has not moved to be relieved as counsel. The court admonishes counsel and the parties to refrain from making unnecessary derogatory and inflammatory comments about each other and possible witnesses. Motions to be Relieved as Coun...

Excerpt: ...well Shaw & Garcia, jointly and severally; b) Defendants' Motion to Compel Plaintiff's Responses to Supplemental Request for Production of Documents, Set One, Request for Sanctions – is GRANTED as to the request to compel production, and GRANTED IN PART as to the request for sanctions. Plaintiff Alicia Espinoza Hernandez is ordered to serve defense counsel with verified responses with no objections, and copies of the requested documents, by no ...

Excerpt: ...settlement includes attorney fees of $93,333.34, costs of $25,000.00, a class representative enhancement of $20,000.00 for the named plaintiff, administrative fees of $7,000.00 and $10,000.00 in PAGA penalty fees of which $7,500.00 goes to the LWDA. The Court has reviewed the declarations in this case and finds the proposed settlement is within the range of reasonableness and deemed to be presumptively valid, subject to any objections that may be...

Excerpt: ...to trial is suspended, with the result that less than six months remains of the five-year period when the suspension ends, the action shall not be dismissed if the action is brought to trial within six months after the end of the suspension period. At the time the appeals were filed on September 17, 2020, the five-year deadline was set to expire on October 22, 2020, just over a month later. The remittiturs were issued on December 20, 2022, which ...

Excerpt: ...the 9th Circuit case Ngo v. BMW (2022) 23 F.4th 942 without taking judicial notice. The Court sustains the objections to the declaration of Aaron Cohen in their entirety. Further, the Court seriously considered sanctioning Plaintiff's counsel for their efforts to put before this court the unpublished rulings from other trial courts in violation of Rule of Court 8.1115. (See TBG Ins. Service Corp. v. Superior Court (2002) 96 Cal.App.4th 443, 447, ...

Excerpt: ...can compel arbitration as a third‐party beneficiary of the Sales Contract under the doctrine of equitable estoppel, pursuant to which a nonsignatory defendant may invoke an arbitration clause to compel a signatory plaintiff to arbitrate its claims when the causes of action against the nonsignatory are intimately founded in and intertwined with the underlying contract obligations. Felisilda v. FCA U.S. LLC (2020) 53 Cal. App. 5th 486, 495. In Fe...

Excerpt: ...relieved as counsel. Motions to be Relieved as Counsel are governed by Rule of Court 3.1362. Plaintiffs' counsel has complied with all the requirements of this Rule. Plaintiffs' counsel has filed the completed mandatory judicial council forms for a Notice of Motion and Declaration, and has submitted a Proposed Order. Plaintiff's counsel has confirmed plaintiffs' address within the past 30 days by conversation and has timely served plaintiffs at t...

Excerpt: ...ties as a going concern are all issues that are only relevant under Corporations Code 2000. The Court further finds that to date, Defendants have not invoked their right to purchase Plaintiff's shares under said Corporations Code thereby rendering any expert witness testimony relating to the fair value/valuation of the Stuart and Jasper Orchards properties or of the possibility of selling off the Stuart and Jasper Orchards properties as a going c...

Excerpt: ...law enforcement officers who crashed in their police cruiser. Plaintiffs generally contend that the crash occurred because the cruiser was designed in such a way as to permit carbon monoxide to seep into the cabin, rendering both of them unable to avoid the fatal crash. Defendants counter that there is no defect with the subject cruiser, and even if there was, carbon monoxide was not a legal cause of crash. Defendants' motion for summary adjudica...

Excerpt: ...o be a non‐jury issue to be determined by the Court while monetary issues could be determined by a jury. (See: Darbun Industries v. San Fernando Community Hospital (2015) 239 Cal.App.4th 399.) This case may therefore require separate trials on the jury and non‐jury issues depending on the parties' positions. This reduces the chance of inconsistent verdicts, but nonetheless the equitable portions of this proceeding requires decisions affecting...

Excerpt: ...n driving to an accident victim and providing medical care to the victim. (See, e.g., Aldana v. Stillwagon (2016) 2 Cal.App.5th 1, 8 – A paramedic's exercise of due care while driving is not necessary or otherwise integrally related to the medical treatment and diagnosis of the patient, at least when the patient is not in the vehicle.) Moreover, the cited immunities expressly apply to medical services rendered at the “scene of an emergency,�...

Excerpt: ...asonably and necessarily incurred. (Nelson v. Anderson (1999) 72 Cal.App.4th 111, 131.) Therefore, Cross‐Complainant's request that the claimed costs be stricken in their entirety is denied. However, the Court finds that Cross‐Complainant has properly objected to certain of the costs claimed herein, such that the burden shifts to Cross‐Defendant to show that the items charged were for matters necessarily relevant and material to the issues ...

Excerpt: ...ts were provided by percipient witnesses two (2) years ago about incidents that occurred 30 years ago and there is significant potential for such statements to be used as impeachment evidence. Accordingly, the Court hereby grants Defendant's request that Plaintiff respond further to the Defendant's request for production by producing the ten (10) witness statements. The witness statements are to be produced to Defendant's Counsel within (10) ten ...