Excerpt: ... Administrative Reco rd (“SAR”) must be included in the administrative record pursuant to Public Resources Code, section 21167.6, subdivision (e). The Court also agrees it would be unfair to allow the City to rely on the SAR when such documents were unavailable to Petitioner w hen Petitioner filed the opening brief (and were likewise unavailable to RPIs). As a result, the hearing on the merits of the petition will be continued to allow Petit...

Excerpt: ...pposed) (3) Defendant's Motion to Have Matters Deemed Admitted, and monetary sanctions in the amount of $960.00. (Unopposed) (4) Defendant's Motion to Compel Responses to Special Interrogatories, and monetary sections in the amount of $660.00. (Unopposed) (5) Defendan t's Motion to Compel Plaintiff to Appear and Testify at Her Deposition, and monetary sanctions in the amount of $ 560.00. (Unopposed) Tentative Rulings: Defendant has established th...

Excerpt: ...r of Plaintiff Taiana Gibson against Defendant Richard P. McNair, an individual and dba “Fosters Freeze” is entered as follows: principal amount of $37,000, costs of $125.30 and attorney's fees of $6,290. Plaintiff to submit a proposed order and judgment consistent with the Court's ruling. Grounds: Plaintiff requests that the court enforce the parties' written settlement agreement and enter judgment against defaulted party Defendant Richard P...

Excerpt: ...8.40 Tentative Ruling: Cross- Complainants M&Tony's Touch, Inc., Tsutomo Kagoshima and Emerita Kagoshima Motio n for Terminating Sanctions or in the alternative Issue and Evidence Sanctions against Cross- Defendant Sue Ahn, and Monetary Sanctions of $6,018.40 is DENIED in part and GRANTED in part. The requests for terminating, issue and evidence sanctions are denie d. Cross-Defendant Sue Ahn is ordered to produce the “transaction file” not p...

Excerpt: ... County of V entura's motion contesting Defendants Celso Gustavo Torres' and Torres General Contracting's (collectively, “the Torres Defendants”) Application for a determination that their settlement with Plaintiffs is in good faith, on the grounds that the Torres Defe ndants fail to submit admissible and substantial evidence in support of several of the Tech- Bilt factors, including evidence indicating the rough approximation of Plaintiffs' ...

Excerpt: ... set for D ecember 2, 2024 at 8:30AM. Defendant met its burden of proving the existence of a valid arbitration agreement. Plaintiff failed to demonstrate that the arbitration agreement was procedurally or substantively unconscionable. Grounds: Defendants Los Roble s Homecare Services, Inc., Los Robles Healthcare, LLC, and Eric Kotitschke (jointly “Los Robles”) seek an order compelling plaintiff to arbitrate her claims and stay the matter pend...

Excerpt: ... the extent the same damages are sought for both claims, this is not a ground for demurrer. Defendants' Demurrer as to the Intentional Infliction of Emotional Distress cause of action is sustained with leave to amend. Plaintiffs have not adequately pled the elements of intentional or reckless conduct, nor have Plaintiffs adequately pled severe emotional distress. Defendants' motion to Strike Punitive Damages from the Complaint is granted, with l...

Excerpt: ... Code section 242, Plaintiff has not and cannot allege that Defendants were acting under the color of law when they revoked her YMCA membership. Further, Title 18 allows for criminal liability only —Plaintiff, thus, has no standing to bring a civil cause of action agai nst Defendants for violation of Title 18 of United States Code section 242. Insofar as the Complaint is premised on violations of Title VII of the Civil Rights Act of 1964, the C...

Excerpt: ...Strike Porti ons of the Complaint of Southfork Ranch, LLC for Declaratory Relief is GRANTED in part and DENIED in part. The Motion to Strike is GRANTED as to paragraph 32 and Prayer paragraph 9 of the Complaint, with leave to amend. The Motion to Strike is DENIED as to paragraphs 31, 35 -37 and Prayer paragraphs 8 and 12 -15 of the Complaint. Any amended complaint shall be served and filed no later than May 10, 2024. Background: The Complaint wa...

Excerpt: ... As there is no demonstrated prejudice to Defendant, the motion will be considered despite insufficient notice under Code of Civil Procedure section 1005, subdivision (b). Defendant's request for judicial notice is granted. Plaintiff Southfork Ranch, LLC's Motion to D isqualify Ferguson Case Orr Patterson LLP from Representing Defendant California Natural Resources Group, LLC is DENIED. Background: The Complaint was filed on October 26, 2023, by...

Excerpt: ...ut leave to amend. Analysis: GM demurs to Plaintiff's Fifth Cause of Action for Fraudulent Inducement-Concealment on the grounds that it: (1) barred by the applicable statute of limitations; (2) fails to state facts relevant to the elements of the claim; and (3) fails to allege a transactional relationship giving rise to a duty to disclose. The Statute of Limitations for Fraudulent Concealment was Tolled: Plaintiff contends he had no way of knowi...

Excerpt: ...Court dismiss es Plaintiffs' Complaint, with prejudice, as a terminating sanction for failure to provide responses to any of Defendants' discovery issued to Plaintiffs, after being ordered by the Court to do so in the Court's December 12, 2023 Minute Order, and as refle cted in Defendants' Notices of Ruling filed and served December 15, 2023. The Court notes that it has already deemed Defendants' Requests for Admission served on both Plaintiffs...

Excerpt: ...for Monetary San ctions Against Defendant and Their Counsel, Jointly and Severally (Unopposed) Tentative Ruling: The Court GRANTS Plaintiff Steven Scouten's Motion to Strike Defendants' Answer and Enter Default as a Terminating Sanctions for Abuse of Discovery Process. (La guna Auto Body v. Farmers Ins. Exchange (1991) 231 Cal.App.3d 481, 487; Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 796 -797.) Defendants have failed to comply with the Court's...

Excerpt: ... FCA US (202 2) 77 Cal.App.5th 209, there are no allegations in the Complaint sufficient to show that the subject vehicle was purchased used by Plaintiff. Moving party to give notice of the Court's ruling. Discussion: a. Motion for Judgment on the Pleadings A motion fo r judgment on the pleadings has the same function as a general demurrer but is made after the time for demurrer has expired. (Code Civ. Proc., § 438, subd. (f).) The grounds for j...

Excerpt: ...ord was aware of those defects prior to his purchase of the vehicle. The Court previously rejected Ford's argument that Plaintiff had not alleged facts supporting a duty to disclose. The Court sustains the demurrer to the sixth cause of action for negligent repair. Plain tiff's claims against Price are conflated with his warranty claims and he has not alleged a repair attempt by Price that was not under warranty. As such, his claim is barred by ...

Excerpt: ...1, 1032, & 1033.5.) Plaintiffs request judicial notice of Exhibits 1 through 5 attached to the declaration of attorney Erik Feingold in support of the motion. (See Evid. Code, § 452.) Plaintiff's request for judicial notice in support of the motion is GRANTED. (See Ev id. Code, § 452, subds. (d)(1).) Plaintiffs' motion for attorneys' fees and costs on appeal and for this motion, is GRANTED in the reduced amount of $11,996.31. The motion is time...

Excerpt: ...ng: The reque st for judicial notice is granted. The motion is granted in part and denied in part. Defendant shall provide objection free further responses to requests for production Nos. 27, 28, 31, 33, 35, 37 and 38, as limited and as further specified below. The f urther responses shall comply with all statutory requirements and be provided within 20 days. Defendant need not provide further responses to request Nos. 24 -26, 36 and 46. These r...

Excerpt: ...tion, Approval of Class Notice, Setting of Final Approval Hearing is GRANTED. 1. The following class is conditionally certified for settlement purposes only: “all current and former hourly -paid or non -exempt employees of Defendant Synergy Shipping LLC within the State of California at any time during the period from July 22, 2019, through August 21, 2023.” 2. Plaintiffs Gianna Graziano and Ethon Burch are conditionally approved as class re...

Excerpt: ...ation of Issues . (Not Opposed) Tentative Rulings: The Court grants the motions for summary adjudication in their entirety. Defendants' Motions for Summary Judgment Defendants Mole Richardson Rentals (erroneously sued as Mole -Richardson Rentals, LLC), and PK&P Investment Co. f/k/a Mole -Richardson Co. (collectively “Mole -Richardson”) each move for Summary Adjudication on three issues: (1) Plaintiffs cannot establish any evidence against mov...

Excerpt: ... For good cause shown, Defendants are hereby granted leave to take the second session of the deponent at a date, time, and location to be mutually determined by the parties' counsel. Defense counsel's questioning shall be limited to the issues of updates regarding Plaint iff's condition and the extent of her claimed damages. Counsel for the moving parties to give notice. Background: This action arises from the alleged sexual assault suffered by P...

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: ...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: ...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: ...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: ...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...