Excerpt: ... to Grant,in part, the motion for attorney's fees and costs. The Court intends to Deny defendant's request for judicial notice, rendering plaintiff's objections thereto moot. Total expenses, costs and fees are awarded in the amount of $14,709.31. Reasonable fees are set at $13,105.00 ($7,437.50 for the Knight Law Group and $5,667.50 for Hackler Daghighian Martino & Novak) with no multiplier applied. While plaintiff's counsel obtai...

Excerpt: ...n to compel is GRANTED IN PART and DENIED IN PART as follows: Plaintiff's motion to compel further responses to RPD Nos. 16‐20 and 31‐39, and a privilege log, is GRANTED. The relevance, overbroad, undue burden, and oppression objections are overruled. Defendants' privacy/confidential information objections should be overruled, without prejudice to their ability to bring a code‐compliant motion for a protective order. The attorney‐...

Excerpt: ...s: Defendants' request for judicial notice is GRANTED. Plaintiff's request for judicial notice is GRANTED. Defendants' motion to strike portions of the FAC is DENIED. Defendants cite no California legal authority holding that a claim for PAGA and Labor Code penalties cannot be based on a commissioned employee's claim to be entitled to compensation for "non‐productive" time other than rest breaks. For purposes of ruling o...

Excerpt: ...ows: Deny motion to quash. Deny defendant's request for sanctions. Plaintiff Shana Dawn Goodro's Motion to Quash the Deposition Subpoena of Julie Kelly is DENIED. CCP § 1987.1. Defendant is entitled to take the deposition of Ms. Kelly. Defendant has agreed that plaintiff is not making a loss of earnings claim. Defendant only seeks to inquire about the physical nature of plaintiff's job from Ms. Kelly. As plaintiff's immediate sup...

Excerpt: ...intends to rule as follows: Plaintiffs' Motion for Order Compelling Deposition of Elvira Citrowske and Production of Documents is DENIED. Plaintiffs are seeking privileged and non‐discoverable testimony and document production in violation of Evidence Code §§ 1040 and 1157 and Fox v. Kramer (2000) 22 Cal.4th 531. As such, the motion is denied. Moving party to give notice. Discussion: Initially, the Court notes that, contrary to Defendants...

Excerpt: ...29/2018 stolo Plaintiffs' motion for fees on appeal is GRANTED IN PART in the amount of $73,529.95. The Court reduced the award based on Brian Bickel's excessive hourly rate (which has been reduced to $450) and the excessive time reported to have spent in connection with this motion (which has been reduced by 20 hours). Thus, the underlying lodestar figure is $65,610.50. The Court finds that a multiplier of 1.1 is warranted, and therefore...

Excerpt: ...for Summary Judgment and/or Adjudication, 06/07/2018 stolo The Court intends to rule as follows: Defendant's request for judicial notice is GRANTED. Defendant's motion for summary judgment of the entire action is DENIED, and Defendant's motion for summary adjudication is GRANTED IN PART and DENIED IN PART. The motion for summary adjudication is DENIED as to the second, third, fifth, sixth, seventh, eighth, and ninth causes of action. ...

Excerpt: ...on ‐ Other, 08/20/2018 stolo The court intends to DENY Petitioner Gail Simpson's Petition to be Relieved from Provisions of Gov. Code 945.4 because: (1) It is time‐barred because Petitioner did not present her application for late claim relief within one year of the accrual of her cause(s) of action and the court does not have jurisdiction over the late claim and may not grant relief. Filing a late‐claim application within one year of t...

Excerpt: ...Court GRANTS the defendant's request for judicial notice. Judicial notice is taken of defendant's Exhibits A, D‐M. (Evid. Code, §§ 451 and 452.) The Court finds the following undisputed material facts ("UMFs") are undisputed and established: 1‐64. The Court GRANTS defendant's motion for summary judgment on the second amended complaint. Defendant has made a persuasive argument that summary judgment is proper as there is n...

Excerpt: ...s‐Complainants' motion for a preliminary injunction will be DENIED. Although they have shown a likelihood of prevailing on the merits, they have failed to show that the interim harm that they are likely to suffer if the injunction is denied outweighs the harm that Plaintiff is likely to suffer if the injunction is granted. 1. Likelihood Cross‐Complainants Will Prevail on the Merits In support of this motion, Cross‐Complainants generally...

Excerpt: ...her, 08/16/2018 stolo Dr. Jaeger: Plaintiff does not object to this IME. Dr. Rudin: Defendants admit that notice of this IME was not served pursuant to CCP § 2032.220(d). They request relief under CCP § 473(b). The court could grant this relief. However, given that the expert discovery cut‐off is governed by the 1/7/19 trial date, defendants would not seem to need relief from their untimely notice as there is time to properly serve another no...

Excerpt: ...efault and Default Judgment, 09/07/2018 stolo The Court intends to rule as follows: Defendant Mitchell Keith's Motion to Vacate Default and Default Judgment is DENIED. CCP § 473(b) and/or CCP § 473.5. Initially, the Court notes that the motion is not timely per CCP § 473(b) as the default was entered on 10‐16‐17 and this motion was not filed until 9‐7‐18, beyond the six‐month limitation of CCP § 473(b). While the Court would hav...

Excerpt: ...h's Motion to Dismiss or, Alternatively, Transfer Action on the Ground of Inconvenient Forum (CCP §§ 396(b), 418.10, 397) [Opposed] Motion #2: Defendant Mid‐Century Insuracne Co.'s Motion to Dismiss or, in the Alternative, to Transfer the Action (Opposed) The Court intends to rule as follows: Grant the motions and either (1) dismiss this action or (2) transfer it to Los Angeles Superior Court and order Plaintiff to pay transfer fees. ...

Excerpt: ...: Motion ‐ Other, 09/11/2018 stolo The Court intends to rule as follows: Deny sanctions per CCP § 128.7, but grant motion for judgment on pleadings with leave to amend. As an initial matter the Court notes that Defendants Nationstar Mortgage LLC, U.S. Bank National Association and Mortgage Electronic Registration Systems, Inc.'s Request for Judicial Notice is GRANTED. Judicial Notice is taken of Defendant's Exhibits A‐O pursuant to E...

Excerpt: ...tion for Leave to File, 08/24/2018 stolo The Court intends to rule as follows: The Court intends to GRANT the motion for leave to amend. Plaintiff complied with Rule 3.1324. Defendants failed to establish that the proposed cause of action is deficient as a matter of law. Cal OSHA violations may be admitted to establish a standard or duty of care in all negligence, including third party actions. Defendants' arguments that they did not violate ...

Excerpt: ... in Installments, 07/16/2018 stolo The Court intends to rule as follows: Continue for proper service on the creditor pursuant to CCP §1005(b). Only eight days notice was given. Upon proper notice, the motion may ultimately be granted. Discussion: In a limited civil case in which the defendant has appeared, if the judgment or order is for the payment of money by the defendant, the defendant shall pay the judgment immediately or at any time and up...

Excerpt: ... Other, 09/07/2018 stolo The Court intends to rule as follow: Deny Plaintiff Rudi Londt's request for an order vacating the Court's June 9, 2017 Judgment and the Court's October 24, 2017 Order awarding Defendants Nationstar Mortgage LLC and HSBC Bank, USA attorney's fees. Defendant brings his motion pursuant to Code of Civil Procedure §473(d) on the ground that the June 9, 2017 Judgment and the October 24, 2017 Order are "voi...

Excerpt: ... Defendant's objections to SI Nos. 20‐24 on the grounds of relevance and overbreadth lack merit and are OVERRULED. Defendant's privacy objection to SI Nos. 21‐22 lack merit and are OVERRULED. Defendant's privacy objection to SI Nos. 20 and 23‐24 does not justify the denial of discovery; however, the Belaire notice and opt‐out procedure should be followed to assuage privacy concerns. Accordingly, the Court will order the use of...

Excerpt: ...L DOCUMENT/DATE FILED: Motion ‐ Other, 12/18/2017 stolo The Court intends to DENY the Defendant's motion for costs. While there were several significant failures on plaintiff's part in this matter and defendant ultimately prevailed on summary judgment, ultimately the evidence demonstrates that plaintiff brought and maintained this action in the good faith belief in the action's justifiability and with objective reasonable cause. The...

Excerpt: ...ces according to his declaration. His insurance company settled for $15,000 with Ramona Lopez, Dario Mark Lopez, and Frank Susano Lopez. The company settled with Ms. Lopez as representative of the decedent's estate in the amount of $7,500. The company also settled on Mr. Marquez' behalf in the amount of $7,500 with Joseph Massihi. The court intends to grant the motion finding that the settlements are within the Tech‐Bilt factors in this...

Excerpt: ...y Judgment and/or Adjudication, 10/20/2017 stolo The Court intends to grant Plaintiff Wells Fargo Bank, NA's Motion for Summary Judgment. The declaration of Jarrad M. Emanian provides evidence for a prima facie showing that Plaintiff can establish each element of its causes of action by way of the facts offered in its separate statement. The burden thus shifts to Defendants Nancy Cumins and William Cumins to raise a triable issue of material ...

Excerpt: ...ants' motion to change venue. The 7 th cause of action relates to the enforceability of the settlement agreement entered into by Plaintiff Cortez and Weststar. It is undisputed that Mr. Cortez entered into that contract in Kern and that he received his settlement payment there. Because Plaintiff Beaudoin has causes of action that are properly brought in Ventura, the complaint has mixed causes of action as to venue. Gallin v. Superior Court (1...

Excerpt: ...Vacate, 12/12/2017 stolo 1. Brent Defendants' Motion to Vacate or Set Aside Default Judgment (Opposed) 2. Ehteram Defendants' Motion to Vacate the Default Judgment and/or Quash Service of Summons (opposed) 3. Defendant Leticia Gonzales' Motion to Vacate the Default Judgment and/or Quash Service of Summons (opposed) The Court intends to Grant the Brent Defendants and Plaintiffs requests for judicial notice. The Court takes judicial not...

Excerpt: ... The Court intends to rule as follows: Grant Defendant Union Pacific Railroad Company's ("Union Pacific") request for judicial notice. Sustain Union Pacific's evidentiary Objections Nos. 5 and 6 to the declaration of Mark J. Burns. Overrule Union Pacific's remaining Objections to Plaintiff Elian Joseph Rodriguez's evidence. Find, for the purposes of this motion only, that (i) Union Pacific's Material Facts Nos. 1‐3, ...