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: ...ides as follows: Whenever a party in a civil action knows or learns that the action or proceeding is related to another action or proceeding pending, dismissed, or disposed of by judgment in any state or federal court in California, the party must serve and file a Notice of Related Case. Pursuant to CRC 3.300(e), the Notice of Related Case must be served and filed no later than 15 days after the facts concerning the existence of related cases bec...

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 ...

Excerpt: ...also finds that the arbitration agreement entered into by the parties is not unconscionable as Plaintiff was not required to sign said arbitration agreement as a condition of being admitted to Defendant's facility. Furthermore, the Court finds that said arbitration agreement demonstrates a modicum of bilaterality. (Little v. Auto Stiegler, Inc., (2003) 29 Cal. 4th 1064) The new issues and evidence raised in Defendant's reply will not be considere...

Excerpt: ...en questioned the City's counsel in chambers. The city made representations as to what those documents were which were accurate in one case and inaccurate in another. Given the long history of these cases, providing the wrong set of documents to the Court was not best practice. The Court has determined that it needs the transcript of the last hearing. The Court intends to proceed as follows: 1. The Court will review the transcript. 2. The Court w...

Excerpt: ... Instead, the Court elects to reach the merits. On March 5, 2021, Plaintiff filed suit against Hillside Ag Management, LCC and Brian Caetano. On April 14, 2021, the lawsuit was served. In May, 2021, Brian Caetano and Del Valle Farm Labor Services, Inc. President Adrian Cruz signed a settlement agreement calling for Caetano to pay $73,406.95 per year every year from December 31, 2021 to December 31, 2025. Caetano didn't pay the December 31, 2021 i...

Excerpt: ...atthew Herrera and Does 1‐20. As to the issues involving Ali Nowaid, the Court overrules the demurrer. Nowaid is alleged to have acknowledged his ownership interest in the mobile home park to the California Housing and Community Development Agency, and he was also listed as an owner on a citation. These are the sort of specific factual allegations to clear the relatively low hurdle at the pleading stage that Nowaid is an owner‐in‐fact and h...

Excerpt: ...n agreement can be reached that would resolve the objections to be raised in the demurrer. Defense counsel did not attempt to contact plaintiff's counsel until the day before the Demurrer was filed. Amaral Declaration, page 2, paragraph 3. While this was not timely, there was a good reason for this delay in that plaintiff's counsel had filed ex parte applications attesting to his medical issues. Id. at paragraphs 2 and 3. In any event, counsel we...

Excerpt: ...6. Therefore, the Court finds that the pleading does not state facts sufficient to support a claim pursuant to Penal Code §496(c). Moreover, in light of the applicable law, the Court finds that the Plaintiff has failed to demonstrate that he is capable of amending the pleading to assert a viable claim in this context. Therefore, leave to amend is denied. ...

Excerpt: ...ck Trust Note, Judy Trust Note and Security Agreement, as well as an undertaking. (Code of Civil Procedure §512.060.) With regard to the issue of valuation as it pertains to the amount of the undertaking required by Code of Civil Procedure §515.010 et seq., the information presented in the application demonstrates that the sum claimed by Plaintiffs from Defendants is less the value of the collateral by an estimated $289,904.00. Plaintiffs are t...

Excerpt: ...ms are as follows: (1) The settlement class is composed of all persons who are or were employed in California by defendant as non‐exempt employees at any time from March 5, 2017 through September 30, 2022 (approximately 2,615 persons); (2) The maximum settlement amount is $1,900,000.00; (3) Attorney's fees of $665,000.00 (35% of the maximum settlement amount); (4) $20,000.00 for costs and expenses; (5) An enhancement payment to the class repres...

Excerpt: ... County, the Court is not prepared to conclude that Defendant has carried its burden under Code Civ. Proc. §397(b) at this time. Therefore, the Court chooses to follow the procedure which was approved by the appellate court in People v. Mackey (2015) 233 Cal.App.4th 32, deferring ruling on the instant motion until voir dire has commenced and the Court is able to assess whether the responses of potential jurors confirm the defense's assertions wi...

Excerpt: ... changed the law in response to contrary older cases. The parties agree that the Court can enter an order to enter the settlement agreement. To the extent that the Court needs to interpret the settlement agreement, the Court has authority to do so. Mailloux contends that the Court cannot now enforce the settlement. This is incorrect; he cites cases in which the motion is for entry of judgment, not enforcement of judgment. The Court can enforce se...

Excerpt: ... fees. The 40% requested is inadequately supported, and Plaintiff's submissions to this court caused the Court to consider permitting substantially less than it eventually awarded in fees. FACTS: Defendants operate a retirement community for those age 62 and over. On July 12, 2021, plaintiff filed this PAGA Complaint, alleging that defendants failed to pay overtime and minimum wages, failed to provide compliant meal and rest periods and associate...

Excerpt: ...ading at this point in time is the First Amended Complaint filed on 9‐21‐22. As the arguments set forth in the supporting papers are directed against the claims contained in the amended pleading, the Court presumes that the moving document inadvertently failed to identify the First Amended Complaint in this regard. With regard to the Second and Fourth Causes of Action, for Professional Negligence and Negligent Infliction of Emotional Distress...

Excerpt: ...hat a jury trial is a matter of right in a civil action at law, but not in equity. (Cal. Const. Art. 1, § 16, Caira v Offner (2020) 126 Cal.App.4th, 12. In addition, a minority shareholder's action for damages for the breach of fiduciary duties of the majority shareholder is one in equity, with no right to a jury trial. (Nelson v. Anderson, (1999), 72 Cal. App. 4th 111). Furthermore, there is no state constitutional right to jury trial of shareh...

Excerpt: ...nsel Lawrence Knapp and defendant's counsel David Johnston are ordered to meet and confer in good faith by no later than Friday, January 21, 2023, to choose a date, time, and location for the taking of the deposition of Kevin Amin. CCP Section 2025.450(a) provides, in pertinent part, as follows: If, after service of a deposition notice, a party to the action… without having served a valid objection under Section 2025.410, fails to appear for ex...

Excerpt: ...blished the absence of a triable issue of material fact regarding Defendant's said indebtedness to Plaintiff. Therefore, Plaintiff is entitled to entry of summary judgment in its favor herein in the sum of $7,489.76 being principal of $666.26 and costs of $823.50 (Code of Civil Procedure §473 (c)). Accordingly, the Court hereby GRANTS judgment in favor of Plaintiff American Express National Bank. and against Defendant Iris Saberola in the instan...

Excerpt: ...n order compelling the appearance of Defendant's Person Most Qualified at the location chosen by Plaintiff within the statutory mileage limitations. (Code Civ. Proc. §§2025.250, 2025.450(a).) Counsel shall meet and confer to select a mutually agreeable date to complete the deposition, which should occur no later than February 15, 2023. With regard to specific issues presented by Defendant's objections to certain categories of testimony and docu...

Excerpt: ...rial fact on the issue of whether Defendant/Cross Defendant, California Materials Inc., has an express contractual duty to defend Teichert Construction, and by extension CALTRANS, against the claims being asserted in this action in Plaintiff's Second Amended Complaint. (Code of Civil Procedure §437c(f)(1), Code of Civil Procedure, §§ 2772 & 2778. In the absence of any opposition by Defendant, California Materials Inc., the Court finds that no ...

Excerpt: ...on within 10 days after service of entry of the order granting relief from dismissal, pursuant to CCP Section 1008, instead of a demurrer. However, the Court is not limited to the restrictions of CCP Section 1008 but can reconsider its own rulings sua sponte. The language [of Section 1008] chosen by the Legislature strongly suggests it intended to restrict the actions of parties in bringing motions to reconsider, but did not contemplate restricti...

Excerpt: ...public sale of the Mobilehome. The Court enters judgment in the amount of $5,279.00 plus costs of $225.00, for a total judgment of $5,504.00 in favor of petitioner Country Western Mobile Home and RV Park LLC and against respondents Jerry Elmore, Gloria Keeney, Thomas Snow, and Neoma Snow, jointly and severally. Petitioner will be awarded attorney's fees according to proof submitted at the hearing. Petitioner has satisfied the requirements of Civi...

Excerpt: ...case involving some of the same issues and potential class members as this case. No classes have been certified in any related case. This case does not have a PAGA action, but the federal case and a related state case do. This is a question of permissive intervention. With regard to permissive intervention “the trial court has discretion to permit a nonparty to intervene where the following factors are met: (1) the proper procedures have been f...

Excerpt: ...aken against a party based on mistake, inadvertence, surprise, or excusable neglect. The pertinent provisions of the statute provide as follows: (b) The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied b...

Excerpt: ...l Defendant to Provide Responses to Special Interrogatories, Set One, and Request for Monetary Sanctions in the Amount of $5,040.00 Against Defendant – GRANTED; d) Plaintiff's Motion to Compel Defendant to Provide Written Responses and Documents to Request for Production of Documents, Set One, and Request for Monetary Sanctions in the Amount of $5,040.00 Against Defendant – GRANTED. a‐c) The Court finds that the requests were properly elect...