Excerpt: ...anting preliminary approval. Having considered the unopposed motion for final approval and the supporting declarations and evidence, the court finds that the settlement was entered into good faith, is fair, reasonable and adequate, and satisfies the standards for final approval under California law. (Civil Code §1781; Code Civ. Proc. §382; Cal. Rules of Ct., rule 3.769.) Good cause appearing to the satisfaction of the Court, the proposed settle...

Excerpt: ...at are not the proper subject of court ordered fees. Additionally, the Court finds that there are some excessive amounts billed. Before setting a long cause hearing on this subject, the Court orders Plaintiff's counsel to do the following: 1. Review and consider the amounts billed; 2. Prepare a new bill for the Court's consideration and this bill shall be divided so that the tasks of each biller are listed separately, so the court may consider th...

Excerpt: ...ing of the Court is as follows: Pursuant to the Court's Order of September 17, 2019, the Court has read and considered the supplemental briefing and affidavits submitted in response to the Court's ruling. In light of the concerns and objections raised by the Public Defender's office as to production of the records concerning Defendant Brandon Patrick Whitton, who is also a defendant in a pending criminal prosecution in this forum, and in light of...

Excerpt: ...ces, Inc. v. TAT Capital Partners, Ltd. (2016) 5 Cal.App.5 th 69, 92; Sidney v. Superior Court (1988) 198 Cal.App.3d 710, 717; Trindade v. Superior Court (1973) 29 Cal.App.3d 857, 860.) Therefore, leave to amend is GRANTED as to Boer & Sons, Inc. However, there is no tolling or “relation back” to save cross-complaints against third parties brought into the action by the defendant. (Boyer v. Jensen (2005) 129 Cal.App.4 th 62, 70; Sidney v. Sup...

Excerpt: ...s admissible. (Code Civ. Proc. §2015.5; Cal. Rules of Ct., rule 3.1306.) Moreover, the evidence he purports to offer in support of the motion suffers from the same defects and constitutes inadmissible hearsay. In addition, there is no indication that Plaintiff attempted to meet and confer prior to filing the motion, as is required by Code Civ. Proc. §2025.410. Plaintiff is reminded that a pro per litigant is held to the same rules of procedure ...

Excerpt: ...ing of the Court is as follows: Pursuant to the Court's Order of September 17, 2019, the Court has read and considered the supplemental briefing and affidavits submitted in response to the Court's ruling. In light of the concerns and objections raised by the Public Defender's office as to production of the records concerning Defendant Brandon Patrick Whitton, who is also a defendant in a pending criminal prosecution in this forum, and in light of...

Excerpt: ...ces, Inc. v. TAT Capital Partners, Ltd. (2016) 5 Cal.App.5 th 69, 92; Sidney v. Superior Court (1988) 198 Cal.App.3d 710, 717; Trindade v. Superior Court (1973) 29 Cal.App.3d 857, 860.) Therefore, leave to amend is GRANTED as to Boer & Sons, Inc. However, there is no tolling or “relation back” to save cross-complaints against third parties brought into the action by the defendant. (Boyer v. Jensen (2005) 129 Cal.App.4 th 62, 70; Sidney v. Sup...

Excerpt: ...Schmidt possesses the “special knowledge, skill, experience, training, or education sufficient to qualify [her] as an expert” with regard to the issues presented herein. (Evid. Code, § 720(a).) As noted by the Court previously, “Whether [Dr. Schmidt's] knowledge in these areas would be sufficient to convince a trier of fact is irrelevant at this stage of the proceedings.” (See Lattimore v. Dickey (2015) 239 Cal.App.4th 959, 970.) Therefo...

Excerpt: ...de Civ. Proc. §§2025.450(a).) Therefore, Plaintiff shall appear on November 1, 2019 pursuant to the current notice of deposition served by the defense. The Court also finds that Defendant is entitled to an award of monetary sanctions in the amount of $1,633.40 in connection with the above-described failures to appear, necessitating this motion. While the Court recognizes that Plaintiff's counsel describes extenuating circumstances underlying hi...

Excerpt: ...ege claims that are not available against individual supervisory employees. (Reno v. Baird (1998) 18 Cal.4 th 640, 647.) As a foundational matter, the viability of the Sixth Cause of Action for Intentional Infliction of Emotional Distress in this context rests on Plaintiff's ability to sufficiently plead underlying FEHA claims against the individual defendants. (See, e.g. Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4 th 243, 288.) As Plaint...

Excerpt: ... therein. The Court has reviewed the entire Arbitration Agreement and concludes that it is enforceable. With regard to waiver, the Court notes there is no evidence presented by the Plaintiff that the Defendants "stretched out the litigation process, gained information about [the] plaintiff's case they could not have learned in an arbitration, or waited until the eve of trial to move to compel arbitration." See e.g. Khalatian v. Prime Time Shuttle...

Excerpt: ...e causes of action against Defendant. Plaintiff is reminded that it is her burden to demonstrate a “reasonable probability” that she can cure the defects in her Complaint via amendment. See Schnall v. Hertz Corp, (2000) 78 Cal.App.4th 1144, 1151. “Leave to amend should not be granted “where, in all probability, amendment would be futile.”” See Vaillette v. Fireman's Fund Ins. Co., (1993) 18 Cal.App.4th 680, 685. “It is the plaintiff...

Excerpt: ...19-000641 – In re Bosio Revocable Trust Dated September 15, 1993 (Filed 6/14/19); and UD-19-000830 – Richard Bosio v Gina Bosio, et al. (Filed 6/28/19). Upon review, the Court intends to GRANT the motion to consolidate these three matters as it appears that consolidation would avoid repetitive trails of the same “common issues” and thus avoid “unnecessary costs and delays” to the Court and to the parties; as well as avoiding the subst...

Excerpt: ... compliance with the law and as required by the Court's order granting preliminary approval. Having considered the unopposed motion for final approval and the supporting declarations and evidence, the Court finds that the settlement was entered into good faith, is fair, reasonable and adequate, and satisfies the standards for final approval under California law. (Civil Code §1781; Code Civ. Proc. §382; Cal. Rules of Ct., rule 3.769.) Good cause...

Excerpt: ...ualifies as a written contract involving interstate commerce. Lastly, Plaintiff' has failed to demonstrate that the agreement is unenforceable due to unconscionability. While the mandatory nature of the agreement demonstrates some measure of procedural unconscionability, the Court finds no other indicia of procedural or substantive unconscionability in connection with the terms of the agreement. Therefore, the matter is subject to arbitration as ...

Excerpt: ...ting there is a likelihood she will prevail on her request for a civil harassment restraining order. Petitioner presents evidence which, if credited, demonstrates that she was the victim of a “knowing and willful course of conduct” that “seriously alarm[ed], annoy[ed], or harasse[d]” her and which “serve[d] no legitimate purpose.” (Code of Civil Procedure § 526.7, subd. (b).) ...

Excerpt: ...uestions of law and fact predominate over questions affecting individual class members; 5) the class representative has claims typical of the class and subclass members; and 6) the class representative and class counsel will fairly and adequately represent the class and subclasses. It appears adjudication of this matter as a class action is superior to other methods of adjudication and the action is manageable as a class action. Plaintiff Zachary...

Excerpt: .... The amount of fees awarded does not include a multiplier of 1.5, as requested by Gabriel Ashlock. The Court does not believe a multiplier is justified at this stage of the proceedings, as the uniqueness and complexity of the issues confronted during the pre-trial and trial stages no longer existed during the appellate proceedings. b) Fourth Petition for Attorneys' Fees and Costs: At this time the Court DENIES the petition without prejudice. Ini...

Excerpt: ...c)), and it appears to the Court that Plaintiff is unable to add any factual allegations to overcome the demurrer in this regard. The Demurrer to Plaintiffs' cause of action for general/gross negligence is SUSTAINED without leave to amend. The facts alleged appear to describe a claim for professional negligence/ veterinary malpractice; therefore, Plaintiffs' attempt to assert an additional cause of action for general negligence is improper in thi...

Excerpt: ...f Prayer in Plaintiff's First Amended Complaint – GRANTED, in part, with leave to amend; DENIED, in part. The Motion to Strike is GRANTED, with leave to amend, as to the prayer for punitive damages. (Code Civ. Proc. §436.) The pleading fails to allege facts that amount to malice, fraud, or oppression within the meaning of Civ. Code §3294. The Motion is DENIED on all other asserted grounds. While the Court will grant leave to amend in this ins...

Excerpt: ...rces. As the Court found when it denied a similar motion by Defendant Leitner, “Proper voir dire will be sufficient to address issues related to the jury's ability to competently perform its duties. . . . Where liability is disputed, there is much greater reason to bifurcate the phases of the trial. A jury in this case would be presented with evidence by Plaintiffs relating to the dynamics of the collision, their injuries and other elements of ...

Excerpt: ... motion. However, as it appears to the Court that evidence may exist which supports Defendant's position herein, the hearing is continued to allow Defendant the opportunity to submit properly authenticated evidence for the Court's consideration. Defendant shall file and serve such evidence no later than November 27, 2019. Plaintiff may file and serve a brief response to such evidence by December 4, 2019. In addition, the Court notes that Defendan...

Excerpt: ...lic interest.” The social media posts that underlie the causes of action in the cross-complaint were made” in a place open to the public or a public forum.” (Code Civ. Proc., § 425.16, subd. (e)(3)); see Wilbanks v. Wolk (2004) 121 Cal.App.4th 883, 895-898 [finding the internet, generally, is a public forum]; Damon v. Ocean Hills Journalism Club (2000) 85 Cal.App.4th 468, 476 [finding an HOA newsletter was a public forum because it was “...

Excerpt: ...ness and Professions Code section 6148, subdivision (b). (Code Civ. Proc., § 403.30, subd. (a)). Moreover, defendant has provided no authority showing that compliance with Business and Professions Code section 6148 is a defense around which plaintiff must plead, and the court rejects this contention. ...

Excerpt: ...e and finds it needs additional information before it can enter an order that both adjudicates the MSJ/MSA and responds to the reference to a need for a state law determination that is contained in the remand order and related documents. The court therefore continues the MSJ/MSA. The court is aware that this continuance will interfere with the previously scheduled trial date, and the trial currently set for November 5, 2019, is hereby VACATED. Ea...