Excerpt: ... of Civil Procedure § 1021.5 is DENIED. If Plaintiff has proof of an offer that would satisfy Code of Civil Procedure § 998, he can file an amended motion. Plaintiff shall provide notice of the Court's order. Background: On June 3, 2022, Plaintiff filed a complaint against Joel Conception (“Defendant”) seeking declaratory relief. Plaintiff and Defendant are the majority shareholders of Innovative Concepts Investments Group, LLC, owning 30 p...

Excerpt: ...Code of Civil Procedure section 425.16, subdivision (f) states “The special motion may be filed within 60 days of the service of the complaint or, in the court's discretion, at any later time upon terms it deems proper.” Defendants' filed their motion after the 60 -day deadline. “[T] he defendant is only entitled to “file[ ]” such a motion within 60 days of service; thereafter filing may be allowed, or not, in the trial court's discreti...

Excerpt: ...nces. If app earing by CourtCall, call in no later than 8:30 a.m. If you wish to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the court 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. For Zoom appearances, all counsel appearing by Zoom must email the court at [email protected] with a...

Excerpt: ...ances. If ap pearing by CourtCall, call in no later than 8:30 a.m. If you wish to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the court 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. For Zoom appearances, all counsel appearing by Zoom must email the court at [email protected] with ...

Excerpt: ...y CourtCall, call in no later than 8:30 a.m. If you wish to appear by CourtC all, you must make arrangements with CourtCall by 4:00 p.m. the court 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. For Zoom appearances, all counsel appearing by Zoom must email the court at [email protected] with a simultaneous copy t...

Excerpt: ...ote appearan ces. If appearing by CourtCall, call in no later than 8:30 a.m. If you wish to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the court 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. For Zoom appearances, all counsel appearing by Zoom must email the court at [email protected]...

Excerpt: ...oval of her class action and representative PAGA action settlement (“Settlement Agreement”) with Defendant Defendant AB Staffing Solutions, LLC. 2. Approve the proposed awards of attorney's fees and costs to Class Counsel, the Settlement Administrator's costs, the proposed service award to Plaintiff Hernandez, and the proposed distribution of PAGA penalties (75% to the Labor & Workforce Development Agency (“LWDA”) and 25% to Aggrieved Emp...

Excerpt: ...udicial notice is GR ANTED. (See Evid. Code, § 452, subds. (c) & (h).) 2. The County's demurrer to the SAC as to Ryan Zakeri and Ali Zakeri is SUSTAINED, without leave to amend. Facts subject to judicial notice show that Ryan and Ali Zakeri failed to substantially comply with the claim presentation requirement. Their names are not listed on the claim itself, their injuries are not mentioned, and they did not sign the claim or any document referr...

Excerpt: ...roves the pr ocedures set forth in the Settlement Agreement with respect to notice to the Class and objections. The Court preliminarily approves the enhancement payment in the reduced amount of $5,000. The Court otherwise preliminarily approves the attorney's fees and expenses sought, subject to final approval at a final approval hearing. The date of the final approval hearing shall be discussed at the hearing this motion. Plaintiff's counsel to ...

Excerpt: ...nts. The ten tative ruling will have no legal effect unless adopted by the court. No notice of intent to appear is required. If you wish to submit on the tentative decision, you may notify the court by email to [email protected]. Please include the hearing date, the case name and case number in the message. You must include all counsel and self - represented parties on your message. The court will not respond to your email. Do not...

Excerpt: ...in its entirety. The Court will determine Plaintiffs Lynn and Hector Sarabia's right to cover costs from Defendants Air Breeze, Inc., Lior Shany, a nd Raymond Lopez in the context of Defendants' concurrent motion to tax costs. Plaintiffs' Request for an Award of Attorney's Fees Against Defendant Lopez The Court exercises its discretion to award Plaintiffs reasonable attorney's fees against Defendant Lopez pursuant to Code of Civil Procedure §102...

Excerpt: ...udicial notice as to information contained on a third -party website under Evidence C ode section 452. Defendant does not specify as to which subdivision of section 452 it believes applies. The Court does not find that this information meets the requirements of any subdivision of Evidence Code section 452. Defendant's request for judicial notice is DENIED. For the purposes of this motion only, the following Undisputed Material Facts (“UMF”) a...

Excerpt: ...e existence of a tri able issue of material fact. The Court finds that Plaintiff is entitled to summary judgment as a matter of law. Therefore, Plaintiff's motion for summary judgment is GRANTED. To the extent Plaintiff also seeks an order awarding fees and costs, Plaintiff should follow proper procedures and file a motion for fees and costs. The Court DECLINES to include fees and costs in ruling on this motion. I. Background This is an action fo...

Excerpt: ...Plaintiffs Lynn and Hector Sarabia's Memorandum of Costs. The Court grants Defendants' motion as to (a) Item 8, in the full amount of $27,028.50, to the extent these costs are sought against Defendants Air Breeze and Lopez; and (b) Item 15, in the amount of $518.70, as to all Defendants. The Court denies Defendants' remaining requests to tax Plaintiffs' Memorandum of Costs. Background: Plaintiff Hector and Lynn Sarabia asserted claims against Def...

Excerpt: ...d to rule as follows: Plaint iff's motion to compel further responses to FI Nos. 15.1 and 17.1 is GRANTED. Background: This is an action for violations of the Song -Beverly Act based on alleged defects in a 2022 Ram 3500. Plaintiff propounded the form interrogatories on August 23, 2024. Defendant served unverified responses containing objections and substantive answers on November 14, 2024. Defendant served the verification on November 19, 2024. ...

Excerpt: ... entirety of the complaint as to Solomon Manning is SUSTAINED, without leave to amend. Defendant's demurrer for failure to state a claim to the second, third, fourth, and fifth causes of action is SUSTAINED, with leave to amend. Defendant's demurrer for uncertainty is OVERRULED. (See Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) In light of the ruling on the demurrer, Defendant's motion to strike is MOOT. Amended compl...

Excerpt: ...etaliation, failure to prevent discrimination and retaliation, and wrongful termination in violation of public policy, all contain allegations that would support a finding of malice or oppression. Specifically, Plaintiff alleges he was terminated because he was disabled and engaged in conduct protected by statute. • GRANT the Motion to Strike as to the fourth and fifth causes of action. Plaintiff's causes of actions for failure to provide reaso...

Excerpt: ...t discrimina tion. Causes of action include: 1) discrimination; 2) retaliation; 3) failure to prevent discrimination and retaliation; 4) failure to provide reasonable accommodation; 5) failure to engage in good faith interactive process; and 6) wrongful termination in violation of public policy. II. Grounds Moving defendant B&S Plastics, Inc. (“Defendant” or “B&S”) demurs to each cause of action on the grounds they fail to state facts suf...

Excerpt: ...y the court by email to [email protected]. Please include the hearing date, the case name and case number in the message. You must include all counsel and self -represented parties on your message. The court will not respond to your email. Do not use this email address for any other purpose without the court's express permission. Do not include the court in any email communications between counsel. Do not call in lieu of sending a...

Excerpt: ...ourt intends to rule as f ollows: The Court finds that the disqualification of Carnegie is mandatory and GRANTS Plaintiff's motion to disqualify attorney Carnegie. I. Grounds: Pursuant to California Rules of Professional Conduct, Rule 1.9, Plaintiff moves to disqualify Carnegie from representing Defendants in this case on the grounds that there is a conflict of interest. II. Applicable Law: "The trial court is vested with the power '[t]o control ...

Excerpt: ...ence to justi fy the verdict or other decision. (Code Civ. Proc., § 657(6).) Plaintiff's motion is respectfully denied. Background: Plaintiff Jianzheng Xu (“Plaintiff”) filed a form complaint on June 17, 2022. Plaintiff filed a first amended complaint on August 30, 2022, and a second amended complaint on February 7, 2023. On May 25, 2023, Plaintiff filed a third amended complaint (“TAC”) asserting causes of action for (1) Fraud; (2) Brea...

Excerpt: ...r by CourtCa ll, you must make arrangements with CourtCall by 4:00 p.m. the court 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. For Zoom appearances, all counsel appearing by Zoom must email the court at [email protected] with a simultaneous copy to all other counsel/selfrepresented parties no later than 3:00 p....

Excerpt: ...ments of Labor Code, section 2699. Plaintiff Odlays Montejo's motion for app roval of PAGA Settlement is GRANTED. Pursuant to Labor Code, section 2699, subdivision (l)(3), Plaintiff's counsel shall give notice of the order granting this Motion to the LWDA within 10 days of entry thereof. Background: Defendant Team Nissan LLC (“Defendant”) operates a car dealership located in Oxnard, California. Defendant employed Plaintiff as an hourly - paid...

Excerpt: ...ourtroom 43 webpage for more information about remote appearances. If appearing by CourtCall, call in no later than 8:30 a.m. If you wish to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the court 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. For Zoom appearances, all counsel appearing by Zoom must...

Excerpt: ...ociation”) req uest for an award of $5,186.31 in costs, on the ground that the Association failed to follow the mandatory procedure set forth in California Rule of Court 3.1700 for seeking an award of prejudgment costs. The Court grants the Association's request for an award of attorney's fees. The Association is the “prevailing party” in this action pursuant to Civil Code §§1717(a) and 5975(c). The Association reasonably incurred a total...