Excerpt: ...all in no later than 8:30 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of the hearing will not be granted. No ex ceptions will be made. With respect to the tentative ruling below, no notice of intent to appear is required. If you wish to submit on the tentative ruling you can fax notice to...

Excerpt: ...stodian(s) of R ecords; Request for Documents at Deposition served on December 21, 2023, within 20 days of this ruling. Further, Defendant is required to pay to Plaintiff's counsel monetary sanctions in the amount of $1,860 within 20 days of this ruling. On November 7, 2 022, Plaintiff Juan Orozco Ponce aka Juan Orozco (“Plaintiff”) filed a Complaint against General Motors, LLC (“Defendant” or “GM”), alleging causes of action for (1)...

Excerpt: ...rt grants i n part and denies in part Plaintiff Kelli Wiedemier's request for an order taxing Defendants Thousand Oaks Surgery Center, LLC's and Virtuoso Medical Management, Inc.'s Memorandum of Costs. The Court denies Plaintiff's request to tax $520.50 from Item No. 1 in Defendants' Memorandum of Costs relating to Defendants' summary judgment motion. Defendants' summary judgment motion – although ultimately unsuccessful – was reasonably nece...

Excerpt: ...It indica tes that D was subserved on 6/17/20 at 226 Orange Ave., Suite 103 Coronado, CA 92118. D's default was taken on 8/26/20. A significant amount of time passed before a default judgment was filed on 6/16/23 in the amount of $200,634. An abstract of judgment was issued on 9/26/23. The current motion was filed on 2/29/24. Notice: Defective. Pursuant to CCP §1005(b) the motion should have been filed no later than 16 court days prior to th...

Excerpt: ...d. Defendants are ordered to provide objection free responses to the discovery within 20 days. Plaintiff is awarded $995 in monetary sanctions against defendant and its attorney of record, jointly and severally, for each of the three motions. The motion to deem admitted the requests for admissions is GRANTED as well, unless defendant can demonstrate at the hearing it has already served the plaintiff with a proposed response to the request for adm...

Excerpt: ...urther response to Reque sts for Production of Documents, Set Two (“RPD”), No. 24 (erroneously numbered as “No. 4”) and for $1,140 in monetary sanctions against Plaintiff and his counsel, jointly and severally. Tentative Ruling: Defendant's motion to compel a further response to R PD, Set Two, No. 24 is GRANTED. A further response, without objection, shall be served within 30 days. Defendant's request for monetary sanctions against Plaint...

Excerpt: ...etary sanction s is DENIED. The Complaint was filed on June 7, 2022, the First Amended Complaint on August 30, 2022, and the Second Amended Complaint (“SAC”) on December 29, 2022. Plaintiff Andrew Jones (“Plaintiff”) filed the claim against Defendants Southern Californi a Edison (“SCE”) and Jaime Frutos (“Frutos”) alleging causes of action for (1) unfair business practices, (2) negligent hiring and retention, (3) nonpayment of w...

Excerpt: ...or “PMK”) of Defendant Gen eral Motors, LLC (“Defendant” or “GM”), to produce documents requested in the notice of deposition, and for $2,250 in monetary sanctions against Defendant (opposed). TENTATIVE: GRANT. All objections to the request for documents are overruled, except as fol lows: Attorney-Client Privilege and Attorney Work Product: These objections should be preserved, but do not necessarily warrant denial of discovery. Defen...

Excerpt: ...mpton College Dis trict, 127 Cal.App.4th 954/962-963. Govt Code section 45264 establishes that Plaintiff is a classified employee of the District, even though her work is supervised by the Commission. Plaintiff's descriptions of her employment are consistent with the des cription of a classified District employee who worked as a Commission staff member. Her allegations qualify for inclusion under the continuing violation doctrine. Defendant doe...

Excerpt: ... the Februa ry 9, 2024 dismissal of this action vacated. An Order to Show Cause re: Default Judgment Packet is ordered calendared for April 9, 2024. Notice: OK (There is no proof of service attached to the motion. However, Plaintiff apparently was not required to ser ve its motion on either of the two named Defendants.1) On June 2, 2023, Plaintiff E & N Financial Services & Development, Inc. (“E&N”) filed a Complaint against Defendant Ruther...

Excerpt: ...red the merits of the motion, the motion is granted. Plaintiff's claims are ordered to arbitration, except that Plaintiff's representative claims are dismissed. Status conference re: arbitration is set for January 29, 2025 at 8:30AM. This case is stayed. Analysis: a. Threshold Issue – Applicability of the FAA and Preemption Defendant argues the arbitration agreement is governed by the FAA because (a) it states so in the agreement and (b) the ag...

Excerpt: ...uipped for Z oom. If appearing by CourtCall, call in no later than 8:30 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of the hearing will not be granted. No exceptions will be made. With respect to the tentative ruling below, no notice of intent to appear is required. If you wish to submit ...

Excerpt: ...omation, Inc.'s Motion for Summary Judgment is denied. There are triable issues of fact regarding Defendant's compliance with Labor Code section 226, subdivision (a) [DF 6 -8]; whether Plaintiff suffered injury under Labor Code section 226, subdivision (e) [DF 8]; and whe ther Defendant did knowingly and intentionally violated Labor Code section 226, subdivision (a) [DF 13]. Background: The FAC is a Class Action and pleads causes of action for (1...

Excerpt: ...on 1 cannot be det ermined since the Declaration of Josue Castillo was not received by the court. The scanned document titled Declaration of Josue Castillo is actually the Declaration of Jorge Coronado. Plaintiff's Request for Judicial Notice: The court denies Plaintiff's re quest for judicial notice of the Final Statement of Decision in the case Palomino v. Northrup Grumman, Case No. 19CV345534 as it is not relevant to the Court's decision here ...

Excerpt: ...to the exist ence of a valid arbitration agreement to which the FAA applies. In accordance with Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906, Plaintiff's individual PAGA claim is severed from her representative PAGA claim and ordered to binding arbitrati on. Pursuant to the recent California Supreme Court decision in Adolph v. Uber Technologies, Inc. (2023) 14 Cal.5th 1104, pending the resolution of Plaintiff's individual PAGA clai...

Excerpt: ...$3,446.25 is GRANTED in part and is MOOT in part. The motion is moot as to Request for Admission Nos. 12, 17, 21, 23- 26, 28-34, and 48, based on Defendant's representation that further verified responses were served on March 1, 2024. The motion is granted as to the rem aining request for admissions. All objections are overruled with the exception of the attorney -client and work product objections. Defendant is ordered to provide code -complain...

Excerpt: ... Young's Motion to Compel Cross -Defendant Southern California Edison Company's Further Responses to Form Interrogatories, Set One is GRANTED as to Form Interrogatory nos. 4.1, 4.2, 12.6, 15.1, and 17.1, but DENIED as to Form Interrogatory no. 3.7. Cross -Defendant shall serve Defendant/Cross -Complainant with its Code -compliant supplemental responses to Form Interrogatories nos. 4.1, 4.2, 12.6, 15.1, and 17.1 by April 5, 2024. Sanctions are gra...

Excerpt: ...Zoom. If app earing by CourtCall, call in no later than 8:30 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of the hearing will not be granted. No exceptions will be made. With respect to the tentative ruling below, no notice of intent to appear is required. If you wish to submit on the tent...

Excerpt: ...roduction of Documents, Set One, and $2,760 in sanctions. (Unopposed) (3) Plaintiffs' Motion to Have Matters Deemed Admitted, and $2,760 in sanctions. (Unopposed) (4) Plaintiffs' Motion to Compel Responses to Special Interrogatories, and $2,760 in sanctions. (Unopposed ) TENTATIVE: ALL GRANTED. Plaintiffs Benjamin R. Candelaria III's and Kimberly M. Thompson's Motion to Compel Defendant FCA US, LLC's Responses to Form Interrogatories (Set One) is...

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Excerpt: ...n no later than 8:30 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of the hearing will not be granted. No exc eptions will be made. With respect to the tentative ruling below, no notice of intent to appear is required. If you wish to submit on the tentative ruling you can fax notice to Judg...

Excerpt: ... no later than 8:30 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of the hearing will not be granted. No exce ptions will be made. With respect to the tentative ruling below, no notice of intent to appear is required. If you wish to submit on the tentative ruling you can fax notice to Judge...

Excerpt: ....220 or is unable to do so as provided by CCP 2031.230. the one exception is that in response to a particular request, Honda's further response may also set forth any privilege objections provided that a privilege log accompanies its further responses. Donlen, Doppe s and Santana allow the type of discovery being sought by Plaintiff. The language of the particular RFP's from the first set of discovery is not the same as the language in RFP's 1 a...

Excerpt: ...285 respect ively. Tentative Ruling: Provided substantially compliant responses have not been served on Plaintiff's counsel prior to the hearing, the Court intends to grant Plaintiff's unopposed Motions as requested, and to award monetary sanctions against Defendant a nd counsel jointly and severally in the amount of $500 per motion, for a total sanction award of $2000. Responses to the discovery requests are due, without objection, by April 12, ...

Excerpt: ...�cation, Appro val of Class Notice, Setting of Final Approval Hearing is CONTINUED to March 29, 2024 at 8:20AM. The Court requires additional information to make its ruling. If Plaintiffs choose to supplement the record, additional documents are to be filed by March 25 . The additional information requested by the Court is: 1. A counsel declaration that provides information about the firm's hourly billing rate and the hours spent by the attorne...