Excerpt: ...ically, the motion lacks a discussion of the reasonableness of the proposed settlement as compared to the maximum and practical exposure of Defendant on the claims asserted herein. Therefore, Plaintiff shall submit shall submit supplemental briefing addressing these issues no later than March 19, 2020. ...

Excerpt: ...unauthorized, the Court could simply strike the pleading. However, it appears that the amended complaint at least partially addresses the issues Defendant raises. Moreover, Defendant's demurrer and motion to strike omitted controlling authority that public entity liability for statutory or constitutional claims outside the TCA are not subject to the claim presentation requirement. (See, i.e., Civ. Code, §§ 3479-3503 [nuisance], Nestle v. City o...

Excerpt: ...nts finding Plaintiff is not entitled to deduct its own fees and costs from the settlement fund before interpleading the funds with the Court for adjudication of the competing interests thereto. While interpleader is an appropriate remedy to the disputes arising from the fact that the settlement was too small to pay all lienholders, much less to leave anything for the plaintiff in the underlying litigation, the entire fund must be interpleaded. (...

Excerpt: ... sustained with leave to amend. Accordingly, the general demurrer is moot and need not be addressed. Defendant Yasini shall be given thirty (30) days leave to file a first amended answer as follows: first, all affirmative defenses shall be separately numbered, with one title for each defense; second, regarding the statute of limitations, Defendant shall either cite the particular statutory section and, if applicable, the particular subdivision, w...

Excerpt: ... is therefore untimely even in the absence of formal opposition. (Code Civ. Proc., § 435(b); Cal. Rules of Ct., rule 3.1322(b); Weil & Brown, Cal. Prac. Guide Civ. Pro. Before Trial (TRG 2021) Ch. 7(I)-B, § 7:166.1 [Presumably, because a motion to strike and a demurrer must be brought at the same time, a motion to strike must be filed within 10 days after service of the answer].) If the motion were timely filed, the Court would be inclined to d...

Excerpt: ...ry is overdue, but claim that a combination of circumstances from clerical error to pandemic-related quarantine delayed timely responses. Defendants do not, however, address why appropriate extensions were not first requested and, if not forthcoming, why leave of court was not sought to extend the deadlines, as provided in the Civil Discovery Act. While the Court notes Defendants' claim that compliant responses will be provided, Plaintiffs' Reply...

Excerpt: ...cations as constructed and/or as it existed at the time of the subject accident. (See, e.g. UMFs 26-32.) The Court's determination as to Defendant's failure in this regard is based on the following rulings on Plaintiff's objections to Defendant's supporting evidence: Objections 1, 2, 5, 6 and 7 are sustained on the grounds stated. Objections 3 and 4 are overruled to the extent the subject testimony relates to the scope of the design of the subjec...

Excerpt: ...of costs appear to be proper and reasonable, as do all but one of the “costs” included on Petitioner's memorandum here, the burden is on the party challenging costs to show otherwise. Ladas v. California State Auto. Assn (1993) 19 Cal.App.4th 761. The challenging party may meet its burden by showing the entire costs bill is improper rather than challenging particular items. However, conclusory allegations that an item was neither necessary no...

Excerpt: ...r is continued to coincide with the Motion to Compel Deposition of PMK. The Court finds that the meet and confer efforts on both sides were insufficient. Counsel are therefore ordered to revisit this dispute in an effort to resolve it in good faith, keeping in mind the following parameters: first, the Court does not consider that any of the requests at issue are outside the broad scope of civil discovery; second, an objection that a request is va...

Excerpt: ... Plaintiffs. The question is whether under these unusual circumstances, the “determinations” to be made are those interpreted by the contract. The broad language of the contract appears to intend for arbitration to be inclusive. Plaintiffs have filed an arbitration demand pursuant to Section 20 of the policy to resolve disputes over six specific determinations by NAU. Once those determinations are made, the parties may return for further proc...

Excerpt: ...uses of Action); MOTION FOR JUDGMENT ON THE PLEADINGS DENIED, as MOOT. a) With regard to the Fourth Cause of Action, the motion is moot based on the Court's order granting summary adjudication of that claim in favor of Defendant on 10-9-2020. With regard to the Third Cause of action, the Court finds that the pleading states facts sufficient to support the stated cause of action. b) As a preliminary matter, the Court exercises its inherent authori...

Excerpt: ... Therefore, the Court finds that Plaintiff is entitled to a Code-compliant response in this regard as well as to the opportunity to conduct the requested inspection of the subject premises and/or items. Defendant shall serve a verified further response within 14 days and counsel shall meet and confer to select a mutually agreeable date for the further inspection, which shall be completed no later than March 31, 2021. The Court further finds that ...

Excerpt: ...ed almost entirely upon activity that is protected pursuant to Section 425.16. The protected activity relied upon was not “incidental” as Plaintiff argues – it was fundamental. Indeed, the fact that Plaintiff dismissed his SAC rather than oppose the special motions to strike is an admission of this fact. Whether broadly construed as part of the peer review process, or as statements and comments made as a matter of public interest – i.e. r...

Excerpt: ...bitration initially now constitutes a waiver of any opposition in this proceeding is unnecessary for decision because the relevance of Plaintiffs' pre-litigation demand for arbitration is that it removes any dispute over the existence and bilateral nature of the contractual provisions. Thus, the key issue is whether the claims raised in Plaintiffs' First Amended Complaint arise out of and are subject to said arbitration provisions. The Court find...

Excerpt: ...ed a general release of all claims as well as a waiver of Civil Code section 1542 (Exhibit U to Defendant's Compendium of Evidence.) This language contained in the general release is plain on its face. Plaintiff argues that the release is invalid and unenforceable because she did not believe she was releasing and waiving all previous acts of discrimination, harassment and retaliation. She contends that there must be independent evidence, separate...

Excerpt: ...t was granted leave to amend his answer on December 4, 2020. As Plaintiff correctly notes, thirty (30) days from December 4, 2020 is January 3, 2021 (a Sunday). Thus, pursuant to statute, Defendant had until January 4, 2021 (Monday) to file his amended (verified) answer to Plaintiff's verified first amended complaint. Defendant failed to file an amended (verified) answer on or before January 4, 2021. Pursuant to Code of Civil Procedure section 43...

Excerpt: ...court OVERRULES the demurrer. The FAC retains allegations that defendants Trevethan and Gordon violated Education Code section 44113, and the demurrer gives no reason to think these allegations are insufficient. (See, e.g., Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 38 [“If the complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of th...

Excerpt: ...party to an administrative proceeding may seek judicial review of any final order or decision rendered by a state or local agency.” (Bixby v. Pierno (1971) 4 Cal.3d 130, 137) In reviewing administrative proceedings under section 1094.5 that do not affect a fundamental right, such as an attempt to obtain a license to engage in a profession or business, the trial court reviews the whole administrative record to determine whether the findings are ...

Excerpt: ...action is hereby stayed pending conclusion of arbitration proceedings. (Code Civ. Proc., § 1284.1.) b) It is well-settled and not disputed in this motion that any PAGA claims raised by Plaintiff in the case at bar are not subject to contractual waiver by a binding arbitration agreement or otherwise. (Iskanian v. CLS Trans. Los Angeles (2014) 59 Cal.4th 348; of ZB, N.A. v. Superior Court (2019) 8 Cal.5th 175, 181-182.) Rather, the dispute is whet...

Excerpt: ...rder Deeming Admitted Truth of Facts against Cecil Mata and Request for Sanctions; d) Defendant's Motion to Compel Responses of Plaintiff Cecil Mata to Request for Production of Documents and Request for Sanctions; e) Defendant's Motion to Compel Responses of Plaintiff Cecil Mata to Request Special Interrogatories and Request for Sanctions – Motions (a - (e — HEARING REQUIRED. The Court's current inclination is to grant all motions to compel,...

Excerpt: ...ary Sanctions – GRANTED, sanctions imposed in the reduced amount of $1,700. a) The motion is moot to the extent to which it requests an order compelling defendant to produce a deponent, as defendant has agreed to do just that. The court orders defendant to produce a deponent in response to plaintiffs' subpoena within 30 days of this order. The court also orders that deponent to produce documents on the following conditions: All objections based...

Excerpt: ...dicial Notice is GRANTED. Defendant James Scott Blevins' Motion for Summary Judgment GRANTED, and unopposed. The Motion for Summary Adjudication is moot. Plaintiff having filed no opposition, no response to the Separate Statement of Undisputed Facts (SSUF), and no objections to the Declarations and Evidence submitted by Defendant, the Court finds that Defendant has met his burden of demonstrating on the basis of all the moving papers, declaration...

Excerpt: ...actually be awarded under section 1021.6 until “the trier of fact determine[s] that the indemnitee was without fault in the principal case which is the basis for the action in indemnity or . . . the indemnitee ha[s] a final judgment entered in his or her favor granting a summary judgment, a nonsuit, or a directed verdict” (§ 1021.6), the court sees no reason why the request for fees should not be made in the pleadings, on the assumption that...

Excerpt: ...extensive negotiations before experienced mediators in the field of wage and hour matters and, as such, to be fair and reasonable for purposes of preliminary approval. (Cal. Rules of Ct., rule 3.769(c); Wersha v. Apple Computer (2001) 91 Cal.App.4th 224, 239-240; Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1803.) The proposed order appears appropriate and may be submitted to the Court for final signature absent objection by Defendants, if ...

Excerpt: ...go v. Empire Today LLC (2012) 205 Cal.App.4th 1138,1145.) Here, while plaintiff has demonstrated something in the way of procedural unconscionability (but cf. Performance Team Freight Systems, Inc. v. Aleman (2015) 241 Cal.App.4th 1233, 1248 [failure to provide documents in Spanish dis not establish unconscioability without evidence that Spanish translations were requested or that they would have helped]), she has not shown substantive unconscion...