Excerpt: ...y for all hours worked, failure to provide complete and accurate wage statements under Labor Code 226(a), waiting time penalties under Labor Code 203, and related claims. There are approximately 380 members of the class. The case preliminarily settled for a total of $1,875,000. The settlement agreement states there will be attorneys' fees of up to $656,250 (35%), costs of up to $30,000, a service award of $5,000 to each class representative, sett...

Excerpt: ...y for all hours worked, failure to provide complete and accurate wage statements under Labor Code 226(a), waiting time penalties under Labor Code 203, and related claims. There are approximately 960 members of the class. The case preliminarily settled for a total of $3,850,000. The settlement agreement states there will be attorneys' fees of up to $1,347,500, costs of up to $50,000, a service award of $10,000 to each class representative, and set...

Excerpt: ...s the court that the interests of justice will be served by granting the preference." (Code Civ. Proc., § 36, subd. (d).) Plaintiffs' Motion is opposed by all defendants named and served in this action: Stater Bros. Markets, the Vons Companies, Inc., Ralphs Grocery Company, Cyprus Mines Corporation, Johnson & Johnson, and Johnson & Johnson Consumer Inc. (collectively, "Defendants"). All supplemental objections are noted and OVERRULED. As the Cou...

Excerpt: ...110 Cal.App.4th 1145, 1152 (facts subject to judicial notice may disclose existence of defense). Based on its review of the Complaint and the facts subject to judicial notice, the Court concludes that Plaintiff Monterrosa did not exhaust his available administrative remedies as to the claims set forth in the Second, Third and Fourth Causes of Action. See Miller v. City of Los Angeles (2008) 169 Cal.App.4th 1373, 1379. The School District advised ...

Excerpt: ...dants Oakland Unified School District, Kyla Johnson-Trammell, and William Newby's demurrer and motion to strike. Plaintiffs are directed to file one amended complaint addressing the concerns of both this order and the order of July 2, 2019. Defendants are, in turn, requested to coordinate their responses to the anticipated amended complaint, and to make best efforts to have any further demurrers or motions to strike heard on the same day. STANDAR...

Excerpt: ...d on property owned by Remitz. Plaintiff alleges that Remitz should have known of the dog's dangerous propensities and of the dog's ability to escape from Remitz's property as a result of an inadequately maintained fence surrounding the property. A duty of care may not be imposed on a landlord for injuries caused by a tenant's dog without proof that the landlord had actual knowledge of the dog's dangerous propensities. (See Yuzon v. Collins (2004...

Excerpt: ...her ACCO was involved in the conduct alleged to constitute conversion of his vehicle. Plaintiff's sole basis for asserting a conversion claim against ACCO appears to be the conclusory assertion that defendant York Risk Services Group, Inc. ("York"), a third party claims administrator, was acting on ACCO's behalf as its agent, and that ACCO is therefore liable for alleged wrongdoing by employees of York, as York's principal. None of the legal auth...

Excerpt: ...ry duty to her, but intentionally failed to disclose that Plaintiff's understanding of her reverse mortgage was erroneous, resulting in Plaintiff selling the subject property to Kendall to Plaintiff's detriment. (See Fourth Amended Complaint, paragraphs 9, 20-23(a), and 33.) Plaintiff's Second Cause of Action for "Constructive Trust on Real Property Based on Unilateral Mistake" is adequately pled, including Plaintiff's mistake, Defendant Julie Ke...

Excerpt: ...uately allege the terms of the purported oral contract or identify how Defendant breached the purported oral contract. To the contrary, the First Amended Complaint appears to allege that both the written and oral contract had the same terms, which makes one of those contracts superfluous. (See First Amended Complaint, paragraph 17.) Second, Plaintiff fails to adequately allege how Plaintiff has been damaged, and in what amount, by Defendant's pur...

Excerpt: ...10 and 583.420, and Rules of Court 3.1340 and 3.1342, and Plaintiff's opposition papers filed on December 27, 2018 and January 28, 2019. The Court also takes into account the arguments made during the hearing on February 28, 2019. The motion is denied for two principal reasons. First, the Court did not grant Defendants' Motion to Dismiss on February 28, 2019 solely because Plaintiff did not appear at the hearing. If Defendants had not made a suff...

Excerpt: ...e court notes that Defendants William Tank Lines and Roye Anthony Rodriguez ("Defendants") do not oppose this aspect of the motion. The motion to strike the remainder of the seventh affirmative defense is DENIED. The fact that some of the allegations are duplicative of those in other affirmative defenses is not a sufficient basis to strike them. The fact that Plaintiffs had not demurred to the seventh affirmative defense in the First Amended Answ...

Excerpt: ...ey named Gopal Krishnan. Mr. Krishnan represents numerous defendants sued by Plaintiff. Mr. Krishnan told Defendant that he was handling the matter, and that he would attempt to negotiate a settlement. Mr. Krishnan apparently did not do what he promised to do. Finally, on December 14, 2018, Plaintiff successfully requested that the Clerk enter Defendant's default. The Court is not permitted to grant Defendant's motion filed on June 17, 2019, even...

Excerpt: ...ghter. Only the guardian ad litem may assert such a claim, which renders the complaint uncertain. Further, Plaintiff, Ulrika During who does not appear to be an attorney licensed with the California State Bar, cannot appear on behalf of her daughter Saturninia because to do so would be in violation of Business and Professions Code section 6125, which states that "No person shall practice law in California unless the person is an active member of ...

Excerpt: ...link Networks, LLC. Crosslink Networks, LLC provides internet connectivity and related services to commercial customers. On April 25, 2019, the Court granted Crosslink Networks, LLC's Ex Parte Application for a Temporary Restraining Order and OSC Re: Preliminary Injunction. Crosslink Networks, LLC alleged that LIT San Leandro, LLC had given notice of its intent to disconnect Crosslink Networks (and its customers) from its fiber optic cable networ...

Excerpt: ...use of action for negligence. (See, e.g., FAC, paras. 2, 17, 29, 33 ["Safeway knew or should have known about a hazardous condition and did nothing to fix the problem"], 41, 49 (A, B).) Further, Defendant admits a cause of action for negligence is not beyond the pale in this matter. (See Def.'s Demurrer Memo., p. 1:24-25 ["This is essentially an action for negligence which apparently arises from a claim of slip and fall at the Safeway store locat...

Excerpt: ...ized that in certain cases attorneys who are willing to take on cases in which they may not be compensated for their skill and effort should receive a fee enhancement to give them reason to accept such cases. In this case, attorney LeRoy and paralegal Lichtenberger have asked the Court to apply a 0.5 multiplier to the fees billed to the file. Counsel and Ms. Lichtenberger, however, have not provided the Court with any evidence to support their cl...

Excerpt: ...h v. White Corporation (2017) 13 Cal.App.5th 1086. The motion does not comply with C.C.P. § 437c(b)(1), which requires a "separate statement setting forth plainly and concisely all material facts which the moving party contends are undisputed. Each of the material facts stated shall be followed by a reference to the supporting evidence." The failure to comply with this requirement "may in the court's discretion constitute a sufficient ground for...

Excerpt: ...compliance with Health & Safety Code section 25249.6; (C) the reimbursement for fees and costs to be paid to Plaintiff's counsel pursuant to the CJ is reasonable under California law; (D) the civil penalty of $7,701 to be paid pursuant to the CJ is reasonable based on the criteria set forth in Health and Safety Code section 25249.7(b); and (E) and the allocation of any additional settlement payments to Plaintiff is in the public interest as set f...

Excerpt: ... has the burden to prove that all jurisdictional criteria are met. (See Yavapai-Apache Nation v. Lipay Nation of Santa Ysabel (2011) 201 Cal.App.4th 190, 206.) Here, Moving Defendant has submitted compelling evidence that it is a sole- member LLC established under the Limited Liability Corporation Act of the Blue Lake Rancheria Tribe of California, the sole member of which is the Blue Lake Rancheria Economic Development Corporation, which is a co...

Excerpt: ...ed in this action as counsel for another general partner, Peter Andersen. Plaintiff did not establish "a substantial risk" of concurrent or successive representation of clients with conflicting interests. (Sharp v. Next Entertainment, Inc. (2008) 163 Cal.App.4th 410, 425-429; see also Coldren v. Hart, King & Coldren, Inc. (2015) 239 Cal.App.4th 237, 250.) Accordingly, Plaintiff did not show that this motion amounts to anything more than improper ...

Excerpt: ...ed in this action as counsel for another general partner, Peter Andersen. Plaintiff did not establish "a substantial risk" of concurrent or successive representation of clients with conflicting interests. (Sharp v. Next Entertainment, Inc. (2008) 163 Cal.App.4th 410, 425-429; see also Coldren v. Hart, King & Coldren, Inc. (2015) 239 Cal.App.4th 237, 250.) Accordingly, Plaintiff did not show that this motion amounts to anything more than improper ...

Excerpt: ... that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists," except under certain situations outlined by statute. (CCP § 1281.2.) The Court will not order arbitration of the controversy if: (a) the right to compel arbitration has been waived by the petitioner; (b) grounds exist for the revo...

Excerpt: ...estified at deposition to the same effect. He testifies that he and his first wife, Florence, picked up smoking Kent cigarettes in 1952 when they were new to the market and he was in Vallejo on leave from the Navy. He continued to smoke Kent brand cigarettes when he was reassigned to the USS Williamsburg in Washington, D.C. But Decedent also testified that, before he smoked Kent cigarettes, he smoked Salem cigarettes, and that he went back to smo...

Excerpt: ...e are not described. 2. There is insufficient information to evaluate whether there were substantial common questions for class certification. The alleged non-compliant policies are not described (see above) nor is the manner of defendant's allegedly illegal conduct described. 3. The class release appears to be extremely broad, releasing claims that go beyond those alleged in this case. While the named plaintiff may freely release her own claims,...

Excerpt: ...of California ("UC") demurs to the First Amended Complaint. It demurs on its own behalf alone and not on behalf of the individual instructors named in the Complaint, because UC is immune from liability as a public entity and because the activities alleged in the FAC are, as a matter of law, not outrageous. For the reasons stated below, the demurrer is SUSTAINED WITH LEAVE TO AMEND. PROCEDURAL MATTERS In response to UC's demurrer to his original C...