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: ...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: ...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: ...trating on the basis of all the moving papers, declarations and evidence that there is no triable issue at to any material fact with respect to each and every cause of action in Plaintiff's First Amended Complaint, and that therefore SSH is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c(c), (b)(3); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850; Kojababian v. Genuine Home Loans, Inc. (2009) 174 Cal.App.4th 408 [p...

Excerpt: ...ction is valid. Indeed, Defendant's own citation of Palm Springs Villas II Homeowners Assn., Inc. v. Parth (2016) 248 Cal.App.4th 268 recognized there is a split of authority as to whether duplication alone is a valid basis for general demurrer. (Palm Springs Villas II Homeowners Assn., Inc., supra, 248 Cal.App.4th at 290, fn. 12, citing Blickman Turkus, LP v. MF Downtown Sunnyvale, LLC (2008) 162 Cal.App.4th 858, 889–890 [“BTC went on to arg...

Excerpt: ...mount. Supplying responses after the motion is filed does not moot the issue of monetary sanctions. (Code Civ. Proc., § 2030.290(b); Code Civ. Proc., § 2023.030; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390. Weil & Brown, Cal. Prac. Guide Civ. Pro. Before Trial Ch. 8F-7, § 8:1136 [The motion to compel may be heard even if tardy responses are served after the motion is filed. Unless the propou...