Excerpt: ...ly, 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. Likewise, with regard to the PAGA claim, the information provided is insufficient for the Court to determine whether the proposed settlement provides for relief that is genuine, meaningful, and consistent with the State's goal of benefitting the public through enforcement ...

Excerpt: ...ferred the three parcels to his daughters, and petitioner has not shown that Arnaldo did not have the authority to do so. As a result of Arnaldo recording the Affidavit of Surviving Spouse, the daughters' parcels were arguably Mr. Avila's separate property as a matter of law pursuant to Probate Code section 13540 (the property shall be free of the rights of the state of the deceased spouse or of the devisees or creditors of the deceased spouse to...

Excerpt: ...that interest accrues at the rate of 10% per year through December 31, 2022, and thereafter interest accrues at the rate of 5% per year. Thus, the judgment only accrued interest at the rate of 5% per year between January 1, 2023, and March 22, 2023. Therefore, the total interest is $7,831.46, not $7,861.41, and the total renewed judgment is $15,819.58, not $15,834.53. Plaintiff asks that the Court use a 10% interest rate through the date of the r...

Excerpt: ...f Tree Guys, would cut and/or trim some palm trees on certain real property in lieu of a cash payment so Tree Guys could store some tree cutting equipment at a yard owned by defendant Eagle Valley Investment. Declaration of Larry Buehner, paragraphs 2 and 3. Thus, it cannot be determined as a matter of law that Tree Guys did not owe a duty to plaintiff Brandon Garcia. Allis-Chalmers Corp. v. Superior Court (1985) 168 Cal. App. 3d 1155, dæs not m...

Excerpt: ...s for Payment Relief De IV LLC Motion to Compel Responses and Production of Documents; Request for Monetary Sanctions- GRANTED, in part, DENIED, in part, d) Defendant's, Fay Servicing LLC and Partners for Payment Relief De IV LLC Motion to Have Requests for Admission Deemed Admitted and Matters Deemed Genuine as Against Plaintiff; Request for Monetary Sanctions —GRANTED, in part, DENIED, in part, unop1H)sed. a) The Court finds that Plaintiff ha...

Excerpt: ...inistrator reports that all the distributions under the Settlement are complete and, if needed, an Amended Judgment is submitted to address distribution of any unclaimed funds in compliance with Code Civ. Proc. section 384. The settlement terms 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 tme from March 5, 2017 through September 30, 2022 (app...

Excerpt: ...irs, representatives, executors, administrators, successors and assigns" of parties to said agreement, Almond Vista Healthcare Center may enforce said arbitration agreement against Plaintiff. The Court 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...

Excerpt: ...certifying the merger. The merger is the sole issue that Defendants contest, and therefore the Court is required to give Defendants an opportunity to respond. However, the Court currently views the request as valid. Defendants do not dispute that the loan, lease and guaranty agreements were entered into or that Defendant have not fulfilled their obligations under the agreements. Defendants only dispute Plaintiff's contention that CIT Bank, N.A. w...

Excerpt: ...d Cause of Acton herein rests on the suffciency of the pleading with regard to the District's alleged violation of the Ralph Civil Rights Act (Civ. Code S 57.1) and the Tom Bane Civil Rights Act (Civ. Code S 52.1). With regard to Defendant's argument that the extended limitations period and revival provisions of Cade Civ. PrcL S 340.1 and the claim exemption provisions of Gov. Code S 905(m) do not apply to the Third Cause of Action herein, the Co...

Excerpt: ... had an existing SBA and construction loan agreement with ATI relative to its construction project at the hotel property but that the Bank served a notce of default against ATI based on a "negligent mischaracterization" of ATI's renovation project involving demolition of the hotel lobby as destruction of collateral which represented security for the loan. In addition, the Bank withheld further constructon funding it had promised to provide under ...

Excerpt: ...ien on Wells, as required by Civil Code sections 8416(c)&(d). Thus, pursuant to Civil Code 8415(e), the lien is unenforceable as a matter of law. Also, pursuant to Civil Code section 8118, when notice is given by mail, the claimant's declaration of proof of service shall be accompanied by certain documentation, and the recorded proof of service fails to include this required documentation. Lisa Declaration, paragraphs 42 —46, and Weber Declarat...

Excerpt: ...laint, or of any separate issue or of any number of causes of action or issues, preserving the right of trial by jury required by the Constitution or a statute of this state or of the United States. Keystone contracted with RGM to manage the property. Keystone's breach of contract cause of action in the cross-complaint against RGM concerns the amount of insurance obtained. The Property Management Contract contains an express defense and indemnity...

Excerpt: ...s some "certainty" in Section provision of a hard and fast date for valuation of a company when the majority shareholders invoke the buyout process. However, the statute explicitly allows for an alternate (or deferred) date where the moving party can show "good cause." While it is true Plaintiffs "knew what they were doing" when they filed their lawsuit for involuntary dissolution in 2020 — i.e. knew that if the corporation agreed to dissolutio...

Excerpt: .... 5382; Cal. Rules of Ct., rule 3.769.) Good cause appearingto the satisfaction of the Court, the Court is inclined to find that the proposed settlement and the associated fees and costs are approved as set forth in the motions and supporting papers, as follows: The gross settlement amount is $170,000. Of that, $56, 666.67 is apportioned for attorney fees, $16,368.58 in costs, $7,500 for named Plaintiff, $8,972 in administrative fees, and $7,500 ...

Excerpt: ...ds should be stated with clearness and precision so that nothing is left to surmise. (Bernstein v. Piller(1950) 98 Cal.App.2d 441). The Court finds that Plaintiffs have not stated with clarity and precision essential facts on which their claims rely. More specifically, the Court finds that Plaintiffs' complaint is replete with long, disjointed, rambling, confusing, ambiguous allegations which make it difficult to comprehend said complaint or resp...

Excerpt: ...ona slant as the original moton Boilerplate usage should be clearly case related. Use of ALL CAPS is strongly disfavored. Bolded portions should be bolded for a reason. The Court intends to rule on the matter despite the late filing of the meet-and-confer letter. The Defendant's internal records are suggested to be a proper record for judicial notce. However, there is no evidence provided that the records do not reflect a claim being made. This r...

Excerpt: ...est for Admissions propounded on 2/26/23. Defendant Hudson Insurance Company's request for an order deeming the truth of all ma
©ers speciÞed in Defendant's Request for Admissions, Set One is hereby granted. Accordingly, the truth of all facts and the genuineness of all documents speciÞed in Defendant's Request for Admissions, Set One, is hereby deemed admi
©ed. (California Code of Civil Procedure §2033.280) Monetary sanc
Ÿons of $180 are a...

Excerpt: ...s not considered plaintiff's unauthorized Supplemental Reply filed on June 22, 2023. Code Civ. Proc. section 1048(a) provides for the consolidation of actions: When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to...

Excerpt: ...ant are not competitors — in business or any other forum it is decidedly Defendant's burden to demonstrate "good cause" for the AEO designation of any document produced during discovery. If the Defendant's proposed protective order were entered, and Plaintiffs did not "catch" an AEO designation immediately (or later determined a document was improperly designated AEO), that designation would be "final" without any analysis of the "good cause" f...

Excerpt: ...t for production was served by electronic means on Friday, March 24, 2023. Powers Declaration, paragraph 4. Plaintiff's responses to the requests were received on April 25, 2023. Powers Declaration, paragraph 5. Pursuant to Code Civ. Proc. S 2031.260(a), responses were due 30 days after service. Pursuant to Code Civ. Proc. S any right or duty to make any response within any period after the service of the document, which time period or date is pr...

Excerpt: ...ating to Plaintiff's employment with and/or the cessation of employment with Defendants. Further, that Plaintiff's relationship with Defendant Penny Newman Grain is so intertwined with Plaintiff's relationship with Defendant Copper and Gold LLC that Defendants may rely on the doctrine of equitable estoppel to compel arbitration between Plaintiffs and Defendant Penny Newman Grain. The Court notes that Plaintiff, upon the Court's finding of a valid...

Excerpt: ... 9th, 12th, 13th, 14th, 15th, 16th, and 17th causes of achon stated therein. With regard to the claims based on Plaintiff's alleged disability, the pleading lacks specific factual allegations establishing that Plaintiff suffered from a condition that constituted a disability, as that concept is defined by FEHA. In addition, the pleading lacks specific factual allegations of discrimination, retaliation, and harassment arising from Plaintiff's incl...

Excerpt: ...suffcient to enable the district to investigate and settle, if appropriate, Plaintiff's negligence causes of action. (Stockett v. Association of California Water Agencies Joint Powers insurance Authority (2004) 34 Cal.4th 441.) To the extent that the defense arguments herein rely on the assertion that Plaintiff's claim was missing information required by Gov. Code S 910, this consttutes an attack on the claim's sufficiency, which was waived by th...

Excerpt: ...arch 24, 1999, as Exhibit A to the Complaint. Plaintiff's conclusion that this judgment vacated his 1996 conviction is not accurate. Complaint, paragraph 10. The judgment terminated Plaintiff's probation and converted the original restitution order of $46,993.00 toa civil judgment. Complaint, Exhibit A. Plaintiff alleges that defendants' actions in garnishing his bank account caused him emotional distress. Complaint, paragraphs 10, 11 and 14. How...

Excerpt: ...conference for Thursday, August 24, 2023, at 8:30 a.m. in Department 22. Clerk to give notice of the Court's ruling. Due to the amount of time which has elapsed since the entry of default judgment, the Court cannot grant relief pursuant to Code Civ. Proc. section 473(b), Code Civ. Proc. section 473.5, or Civil Code secton 1788.61. However, Civil Code section 1788.61(e) prov-des that 1788.61 shall not limit the equitable authority of the court or ...