Excerpt: ...of petitioner's driving privilege is to be reviewed by the court under the independent judgment standard. (Dyer v. DMV (2008) 163 Cal.App.4th 161, 167.) Under this standard, the court reviews the administrative record, reweighs the evidence (San Dieguito Union High Sch. Dist. v. Commission on Prof. Competence (1985) 174 Cal.App.3d 1176), and determines whether the findings are supported by the weight of the evidence. (Code of Civil Procedure sect...

Excerpt: ...icial notice is granted. Here, defendants Jasmina Anabo Uson and Daniel Walter Johnson (collectively defendants) allege plaintiff's complaint for declaratory relief is defective because the first cause of action for endorsement of settlement checks is moot and the second cause of action for right to be paid attorney's fees is void as a matter of law. A general demurrer to a cause of action for declaratory relief must be overruled as long as an ac...

Excerpt: ...vil Procedure section 473(d). Plaintiff requests the order because it “can no longer pursue collection of the debt against the Defendant.” Code of Civil Procedure section 473(d) authorizes the court to correct clerical mistakes in a judgment and, after notice, to set aside any void judgment. Here, there is no proof of notice to defendant. Moreover, the court has no authority to grant the motion under section 473(d) based on the reason stated....

Excerpt: ...tion 435.5(a) requiring defendant to meet and confer with plaintiff prior to filing the motion to strike. Accordingly, the motion to strike is ordered off-calendar. The parties are directed to meet and confer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the motion to strike before re-scheduling the motion. If no one requests oral argument, under Code of Civil Procedure sectio...

Excerpt: ...iffs In Intervention Travelers Property Casualty Company of America, The Travelers Indemnity Company of Connecticut, St. Paul Mercury Insurance Company, St. Paul Surplus Lines Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.'s Motion to Bifurcate. Proof of service in the court's file indicates notice of the motion was adequate. Plaintiffs in Intervention have filed a notice of non-opposition by any party to the motion. No...

Excerpt: ... without prejudice. This wage and hour class action relates to 105 or 104 employees of defendants Joe Vander Poel and Ron Vander Poel. (Plaintiff needs to clarify the exact number of members; page 4 of attorney Karasik's declaration states the number is 104.) At mediation, the parties entered into a settlement agreement for a gross settlement amount of $150,000.00 to be paid in three installments over 12 months. Plaintiffs have provided their est...

Excerpt: ...) demurrer for failure to show they owed her a duty of care for injuries she received from their tenant's dog. On demurrer to the first amended complaint the court determined “[u]nder California law, a landlord does not owe a duty of care to others for injuries incurred from a tenant's dog unless the landlord had actual knowledge of the presence of the dangerous animal. Constructive knowledge is insufficient. (Uccello v. Laudenslayer (1975) 44 ...