Excerpt: ...sition to the Motion for Summary Judgment/Adjudication: 1. Lewis declaration, paragraph 25: Sustained, hearsay. 2. Lewis declaration, paragraph 27: Overruled, relevant to the effect on the listener. 3. Price declaration, paragraph 22: Sustained, hearsay. 4. Price declaration, paragraph 24: Overruled, relevant to the effect on the listener. 5. Sustained. 6. Sustained. 7. Overruled. The Court will consider the late‐filed declaration. This case wa...

Excerpt: ...embers so noticed. Based on the Petition and the Declaration of Ron Clark, the Court has weighed all the factors required to grant the relief requested and finds the revised CC&R's to be reasonable and all factors sufficiently met. (Civ. Code, § 4275(c)(1)‐(6)) In Fourth La Costa Condominium Owners Assn. v. Seith (2008) 159 Cal.App.4th 563, the Court found that the predecessor statute to section 4275 was designed to assist homeowners' associat...

Excerpt: ...erplate is one non‐frivolous contention: that the declarations contain insufficient foundational basis for the attached exhibits. However, the declarants aver familiarity with the subjects of the declarations, including how the systems work, which is sufficient. Plaintiff alleges that she would not have entered the arbitration agreement with Lyft had she known, and does not think that she actually did. To the contrary, Lyft provides evidence th...

Excerpt: .... Price declaration, paragraph 22: Sustained, hearsay. 4. Price declaration, paragraph 24: Overruled, relevant to the effect on the listener. 5. Sustained. 6. Sustained. 7. Overruled. The Court will consider the late‐filed declaration. This case was originally filed in Fresno County in November, 2018. A First Amended Complaint was filed on February 26, 2020. In this case, Plaintiffs Lewis and Price allege that they worked for Defendant through ...

Excerpt: ...rt or through deliberate avoidance of service on Defendant's part. Plaintiff's late‐filed opposition contains no admissible evidence that Defendant's address was as asserted. Plaintiff's counsel declares that an investigator did research, but does not identify the investigator or the research. If it did include that information, it would be hearsay. Plaintiff's assertion that unrepresented parties should be treated the same as represented parti...

Excerpt: ...e service payment of $10,000.00. The average payment to participating class members is estimated to be $4,603.25, with the highest payment being $9,830.46. The attorney's fees of $166,666.67 are reasonable. This represents one third of the gross settlement amount, which is a standard benchmark in California for class action settlements. Chavez v. Netflix, Inc. (2008) 162 Cal. App. 4th 43, 66, fn. 11. One‐third of the total settlement amount is ...

Excerpt: ... considered sanctioning Plaintiff's counsel for its efforts to put before this court the unpublished rulings from other trial courts in clear violation of Rule of Court 8.1115. The Court has an affirmative obligation to deter rules violations and will be dismayed if this effort to do so is unheeded. (See TBG Ins. Service Corp. v. Superior Court (2002) 96 Cal.App.4th 443, 447, fn2.) The Court has authority to determine arbitrability. (Sargon Enter...

Excerpt: ...o not apply to page length restrictions, that pages 5‐21 are a one‐page overage. In fact, they are a two‐page overage, as 17 pages is two pages more than 15 pages. I note that simply subtracting the page numbers – like subtracting days or other countable numbers – gives an answer that is one off. I intend the sanction as educational. I would surely have granted additional pages had I been asked to do so. Flouting the Rules of Court is n...

Excerpt: ... GRANTED, and unopposed. Motions (a) – (b): The Court finds that each motion was properly noticed and timely served, that no opposition was filed by Plaintiff and that no responses were timely served by Plaintiff. Accordingly, Plaintiff is ordered to serve complete and verified responses, without objections, within fifteen (15) days of this Order. Motion (c): The Court finds that this motion was properly noticed and timely served, that no oppos...

Excerpt: ...tigate matters which pertain to the underlying Alameda County claims. Specifically, Intervenor cannot have a trial of any sort in this county in order to recover as a state representative under PAGA. This Court cannot – and will not – rule on those claims, or take any action which purports to interfere with Alameda County's jurisdiction. ...

Excerpt: ...Chowdhury, which outlines a rule for out‐of‐ commission stoplights. In this case, there was a power outage whose breadth is disputed, but there is no means. Plaintiff has the burden to identify new facts that would cure the defect. The Opposition alleges that the only traffic signals that were inoperable were at the subject intersection but power was working for the other lights in the neighborhood and houses. Regardless of the accuracy of th...

Excerpt: ...eacted negatively because he has had difficult experiences with people who represent themselves. Petitioner goes to great lengths to disparage counsel both in his reply brief and in e‐mails. None of this assists. The Court does not have jurisdiction in this case to stop a party from being represented by the attorney of its choice. Petitioner is strongly advised in the future to make an administrative complaint about an attorney or not rather th...

Excerpt: ...ndants and each of them failed to verbally discuss the risks of the left eye surgery with Plaintiff, or otherwise clearly communicate and/or ensure that Plaintiff understood the associated risks, benefits, and alternatives.” Plaintiff suggests this is sufficient, but it does not follow that Plaintiff was not given a clear written waiver which Plaintiff understood and agreed to. Plaintiff avers that he did not understand what was occurring, but ...

Excerpt: ...purposes of ruling. Given that there is no evidence, the Court cannot entertain a Motion for Reconsideration. The Represented Defendants allege that they have information indicating the subject emails were available to Plaintiff prior to the last hearing, and that they are in an exhibit. The Court does not have the exhibit. The Court notes that the declaration and motion are legally and factually frivolous, and appear to be done for the purposes ...

Excerpt: ...nce that a valid arbitration agreement exists. The arbitration agreement was signed electronically on November 5, 2020. Ms. Brummell's Declaration indicates it was signed when Gloria Kelley was admitted to the facility. However, the Complaint and Gilliam declaration indicate the admission was actually on October 29, 2020. Michael Kelley denies signing the document. Assuming the document was signed by Michael Kelley and that Ms. Brummell's declara...

Excerpt: ... but want to delay a permanent injunction based on attempts at compliance. At this stage, whether the attempts at compliance are in good faith or not, they simply have not complied with a court order that they stipulated to. Notably, Defendants refused inspections, did not file timely applications, and did not meet all of the conditions of the order. Defendants' refusal to allow inspections was a direct violation of the order. For example, after ...

Excerpt: ...ntrols. Defendant suggests the Family Law Court executed a void order. As Kerns notes, I have no authority to reach the issue. The order in place is absolutely binding on me, and I cannot reach a contrary conclusion. If jurisdiction were only by stipulation, I would be free to make determinations, but in this case jurisdiction has been conferred by court order. The Court continues the case to give Defendant the opportunity to pursue whatever reme...

Excerpt: ...0, 21, 23, and 26 are OVERRULED. Objections 7, 8, 9, 15, 16, 18, 19, 22, 24, 25, 27, 28, 29, 30, and 31 are SUSTAINED. Notably, Defendant's objections to the attempt to bootstrap this case and the Wright case are granted. The Court will not consider the Trial Brief in the Wright matter, as does not meet the requirements for a judicial admission. A statement made to gain an advantage in a prior case cannot be walked back later; here Defendant made...

Excerpt: ...r's Request for Judicial Notice of a 2012 declaration is DENIED. First of all, the Court orders the parties to stop the ad hominem attacks. Intervenor wants the Court to take judicial notice of a press release critical of Plaintiff's firm. Plaintiff notes, entirely correctly, that this is grossly inappropriate, and follow up by asking for judicial notice of a 2012 declaration which may well be critical of Intervenor's lawyers but which the Court ...

Excerpt: ...isqualify Attorney Thomas E Lewis; d) Defendant Stanislaus Regional Housing Authority, Barbara S Kauss, Bernadette Reynolds and Mildred C Collings' Demurrer and Motion to Strike to Plaintiffs' Second Amended Complaint for Damages – a) STRICKEN. The purported removal was void. The Court sets aside the clerical designation of removal; it was void ab initio. b) As no good cause has been shown, Plaintiff Magdaleno is held in contempt for violation ...

Excerpt: ...s unhelpful to the Court reaching a decision on the merits of the issues. In this case, the parties appear to agree that the Court must engage in a weighing test to make determinations on what should be released. Defendants' procedural objections as to a meet and confer and separate statement requirement are incorrect. As to the meet and confer effort, Code Civ. Proc. 1985.6(f)(1) relating to a motion to quash does not include any such requiremen...

Excerpt: ... appellate courts reaching different conclusions. Those cases, Turrieta v. Lyft and Moniz v. Adecco USA Inc., both appear carefully considered. For background, PAGA actions are a dispute between the state and the employer, with the aggrieved employee effectively deputized to pursue the case on behalf of the state. (Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal. 4 th 348.) Turrieta v. Lyft (2021) 69 Cal. App. 5 th 955 (review grant...

Excerpt: ...ty as to the order of trials unhelpful. The U.S. Constitutional right to a jury trial and the California Constitutional right to a jury trial have been applied and interpreted differently. In California, there is a “preference for the trial of equitable issues before legal issues” which often produces a bench resolution that forecloses any legal claims. (Hoopes v. Dolan (2008) 168 Cal.App.4th 146, 156‐157; see also, Raedeke v. Gibraltar Sav...

Excerpt: ... pay‐by date. b) GRANTED, as modified, in the total amount of $75,000. Plaintiff seeks base fees of $91,548.50 plus costs of $1,449.27 for costs and fees incurred through February 28, 2022, plus anticipated fees and costs through the date of the instant hearing. The Civ. Proc. §998 Offer, however, limited the costs and fees through the date of the Offer, which was June 11, 2021. The Motion to Enforce is not opposed by the Defendants. Defendant...

Excerpt: ...e Court notes that even if this were not a wrongful death case, the allegations that Ms. Morgan drove “with a measurable amount of alcohol” in her system are insufficent. A measurable amount of alcohol could be 0.01%, which would not constitute the sort of behavior that merits punitive damages. ...