Excerpt: ...urther efforts were unsuccessful in narrowing any of the issues herein. Therefore, having considered the papers, the Court finds that Plaintiff has demonstrated good cause for an order compelling further responses to the requests at issue, with the added limitation that Defendant need only produce responsive materials which applied to vehicles of the same year, make and model as that of Plaintiff and/or which were in effect during the time period...

Excerpt: ...urt finds good cause to grant the motion with regard to the materials set forth in Exhibit I to Defendant's Motion for Summary Judgment against Plaintiff Medina, referenced herein as the Offer of Proof as to Carmen Rodriguez. The Court finds that such materials implicate the overriding privacy interests of non -parties to this action and that a substantial probability exists that such interests will be prejudiced if the record is not sealed with ...

Excerpt: ...; d) Defendant Brandon Lumauig's Motion for Order that Matters in Request for Admissions be Deemed Admitted - GRANTED, and unopposed (a) The Court finds that Plaintiff entirely failed to respond to the subject discovery and all objections are waived. (Code Civ. Proc. § 2030.290(a).) Therefore, Defendant is entitled to an order compelling Plaintiff to provide verified responses, without objection, for the subject form interrogatories within 14 da...

Excerpt: ...for settlement purposes only in accordance with Cal. Rules of Ct., rule 3.769(c). The class counsel, class representative, and claims administrator are hereby preliminarily approved and appointed as set forth in the motion. With regard to the requested disbursements from the gross settlement amount, the Court finds that the papers do not contain adequate support for the requested additional payment to Plaintiff Mendiola, which is described as com...

Excerpt: ...able attorney's fees as a result. (Civ. Code § 5975(c).) Therefore, the Court has considered the evidence provided, as well as the opposing arguments raised by Defendant herein. The Court first notes that Defendant does not dispute the moving party's entitlement to fees as the prevailing party, instead appearing to contest only the reasonableness of the hours claimed. The successful party is normally entitled to a fully compensatory fee, which m...

Excerpt: ...ere are case -specific reasons to deviate from this list: 1. Purchase and/or lease contract concerning the subject vehicle. 2. Repair orders and invoices concerning the subject vehicle. 3. Communications with dealer, factory representative and/or call center concerning the subject vehicle. 4. Warranty claims submitted to and/or approved by Defendant concerning the subject vehicle. 5. Any Warranty Policy and Procedure Manual published by defendant...

Excerpt: ...3.1113 with regard to page length and inclusion of tables of contents and authorities. Plaintiffs are cautioned to comply with the rules in al l future submissions. Based upon review of the moving and supporting papers, the Court finds that Plaintiffs have failed to allege sufficient facts to state a legally recognized claim against these Defendants, and the allegations against them are uncertain to the point of unint elligibility with regard to ...

Excerpt: ...ndant's Notice of Intention to Set Aside and Vacate Judgment and Enter another and Different Judgment – DENIED; e) Defendant's Notice of Intention to Move for a New Trial – DENIED. (a)The Court finds that Plaintiff has demonstrated entitlement to relief pursuant to Code Civ. Proc. § 473(b) under the circumstances. (b) The motion to strike the cost bill in its entirety is DENIED, as the Court has determined to grant Plaintiff's motion for rel...

Excerpt: ...en then shifts to Defendants to produce admissible evidence controverting Plainti ffs' right to adjudication of such issues as a matter of law. Defendants have met that burden by submitting evidence of material factual disputes with regard to the direct, peculiar and substantial nature of the alleged invasion of Plaintiffs' property rig hts. (See, at a minimum, Defendants' response to UMFs 7, 8, and Defendants' Additional Material Facts.) The Cou...

Excerpt: ... of a defect causing his injury. Plaintiff has rebutted this argument b y, among other things, providing a declaration and report from Nikhil Kar, a mechanical engineer with an expertise in failure analysis, who concludes, “The root cause for the failure of the SPRI Ignite 3 – In – 1 Resistance Band handle used by Brandon Youn g was a manufacturing defect in the stitching of the handle fabric. The defect identified in the handle was a subst...

Excerpt: ... the class are better served by the settlement than by further litigation.” Manual for Complex Litigation (4th ed. 2008) § 21.61, 462. “[A] presumption of fairness exists where: (1) the settlement is reached through arm's -length bargaining; (2) investigation and discovery are sufficient to allow counsel and the court to act intelligently; (3) counsel is experienced in similar litigation; and (4) the percentage of objectors is small. D unk, ...

Excerpt: ...d in arbitration. (Code Civ. Proc. § 1281.98(a).) As a result, Plaintiff is unilaterally entitled to withdraw the claim from arbitration and proceed before this Court. (Code Civ. Proc. § 1281.98(b).) The Court rejects Defendant's assertion that the applicable statutory scheme herein is preempted by the Federal Arbitration Act, finding that the weight of California authority holds that the subject statutes are consistent with FAA's purposes. (S...

Excerpt: ...st for Monetary Sanctions in the amount of $820.00 against Plaintiff and/or His Counsel – DENIED, in part, as MOOT; GRANTED, in part, as to sanctions ; c) Defendant, Arcelia B. Schroeder's Motion Compelling Responses, Without Objections, to Demands for Inspection, Set One; Request for Monetary Sanctions in the amount of $820.00 against Plaintiff and/or His Counsel – DENIED, in part, as MOOT; GRANTED, in part, as to sanctions ; d) Defendant, A...

Excerpt: ...f has met his burden in this regard. (See, at a minimum, UMFs 210, 213, 214, 221, and Plaintiff's additional facts.) Plaintiff failed to submit his objections in the format required by Cal. Rules of Ct., Rule 3.1354; therefore, the Court declines to rule on them. ( Hodjat.v¡.State.Farm.Mutual.Automobile.Co¡ (2012) 211 Cal.App.4th 1.) Defendant's objections to Plaintiff's opposing evidence are OVERRULED. THE COURT'S PHONE SYSTEM IS DOWN. If you ...

Excerpt: ...aterial allegations of the Complaint, including but not limited to the allegation of failure to properly act in view of pre -e xis t in g in c id e n t s o f v io le n t b e h a v io r b y t h e subject student, fai lu r e t o f o llo w o f f ic ia l p o lic ie s w it h r e g a r d t o d is c ip lin a r y responses to student violence, utilizing customs and/ or policies which failed to properly address violent incidents and placed students and st...

Excerpt: ...0.00 Against Plaintiff and/ or His Counsel - GRAN TED ; c) Defendant Kemp -Hable, Inc's Motion for Order Compelling Responses, Without Objections, to Requests for Production of Documents, Set One; Requests for Monetary Sanctions in the Amount Of $820.00 Against Plaintiff and/ or His Counsel – GRAN TED . (a ) The Court finds that Plaintiff failed to respond to the subject discovery in a timely fashion and all objections are waived. (Code Civ...

Excerpt: ... factual support for the asserted statutory bases for liability in support of this claims. For public e n t it ie s, every fact essential to the existence of liability must be pleaded. ( Zuniga v. Hous. Aut h. (2002) 41 Cal.App.4th 82, abrogated on a different point of law.) Therefore, the demurrer is sustained as to this cause of action, with leave to amend. With regard to the Second Cause of Action for Defamation, the Court notes that Defendant...

Excerpt: ... Counsel's declarations and supporting exhibits, including time records, that the bulk of the hours claimed were reasonably incurred and substantially contributed to the ultimate successful result. ( Ket chum v. Moses (2001) 24 Cal.4th 1122, 1132; Horsford v. Boa rd of Trust ees of Ca lif. St a t e Universit y (2005) 132 Cal.App.4th 359, 394.) However, based on the evidence submitted by Defendant in opposition and on the Court's own review of the...

Excerpt: .... And Request for Sanctions in the Amount of $5260.00 - CONTINUED, on the Court's own motion, to July 19, 2024 at 8:30 a.m. in Department 23 . a) Plaintiff has failed to demonstrate adequate meet -and -confe r e ffort s. Specifically, while Plaintiff contends that Defendant agreed to provide further responses to certain of the requests in dispute, the attached meet -and -confe r documentation is unclear in that regard and appears to reflect Defen...

Excerpt: ...sion, Set One, and Request for Monetary Sanctions – GRANTED, and unopposed; d ) Defendant City of Modesto's Motion to Compel Responses to Requests for Production of Documents, Set One, and Request for Monetary Sanctions - GRAN TED , a n d unopposed . (a ) The Court finds that Plaintiff entirely failed to respond to the subject discovery a n d a ll o b je c t io n s a r e w a iv e d . (Code Civ. Proc. § 2030.290(a).) Therefore, Defendant is ent...

Excerpt: ...ired by the Court's order grant ing pre liminary approv a l. Having considered the unopposed motions herein 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 Califo rnia law. (Civ il Co d e §1 7 8 1 ; Co d e Civ . P ro c . §3 8 2 ; Ca l. Ru le s o f Ct ., ru le 3 .7 6 9 .) Good cause appearing to th...

Excerpt: ...sion, Set One, and Request for Monetary Sanctions – GRANTED, and unopposed . (a ) The Court finds that Plaintiff entirely failed to respond to the subject discovery a n d a ll o b je c t io n s a r e w a iv e d . (Code Civ. Proc. § 2030.290(a).) Therefore, Defendant is entitled to an order compelling Plaintiff to provide verified responses, without ob jection, within 14 days. (Code Civ. Proc. § 2030.290(b). ) The Court further finds that Defe...

Excerpt: ...ourt remains bound by Fe lis ild a v. FCA US LLC (2020) 53 Cal.App.5th 486. While Plaintiff accurately cites several other cases that are c r it ic a l o f Fe lis ild a 's reasoning (see Kie la r v. Su p e r io r Co u r t (2023) 94 Cal.App.5th 614; Yeh v. Superior Court of Cont ra Cost a Count y (2023) 95 Cal.App.5th 264; Ford Motor Warranty Cases (2023) 89 Cal.App.5th 1324; and Mont emayor v. Ford Mot or Co. (2023) 92 Cal.App.5th 958), all such ...

Excerpt: ...uit was served by post and mail . The cases on which Defendant relies, The Bank of New York Mellon v. Preciado (2013) 224 Cal.App.4th Supp. 1, and Kwok v. Bergren (1982) 130 Cal.App.3d 596, were both addressing the sufficiency of evidence presented at trial, not the sufficiency of the allegations in the complaint . The Court notes that the unlawful detainer complaint is a Judicial Council form. Service of the three -day notice is set forth in sec...

Excerpt: ... U.S.C. § 1 et seq.), as Defendants have presented evidence that the subject agreement qualifies as a written contract involving int e rst ate comme rce . Plaintiff has failed to demonstrate that the agreement is unenforceable due to unconscionability. While the Court does find some measure of procedural unconscionability inherent in the mandatory nature of the agreement in 2005, that element appears to hav e been removed in connection with the ...