Excerpt: ...ison (1998) 18 Cal.4th 739, 758 ["The case management tools available to trial courts [includes] the inherent authority to stay an action when appropriate"]; Bailey v. Fosca Oil Co., (1963) 216 Cal.App.2d 813, 817 ["the power of a court to stay proceedings ... was inherent at common law and is now vested in the superior courts of this state"].) The relevant criteria for the Court to consider vary with the reason for the stay and the scope of the ...

Excerpt: ...at an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) grounds exist for the revocation of the agreement." (Code Civ. Proc. § 1281.2.) EXECUTED OF ARBITRATION AGREEMENT Plaintiffs argue that the Arbitration Agreement ("Agreement") was not signed by both parties and is therefore not a valid agreement, especially because the phrase in the Agreeme...

Excerpt: ...because of the general principle that a party who seeks a court's action in his favor bears the burden of persuasion thereon." (Id.) Further, "the party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact; if he carries his burden of production, he causes a shift, and the opposing party is then subjected to a burden of production of his own to ma...

Excerpt: .... The sole cause of action against Doe 1 is the First Cause of Action for negligence, which alleges that Shadow Woods Homeowners Association ("Shadow Woods"), Associa Northern California ("Associa") and Does 1 through 20 "carelessly and negligently used, controlled, maintained, and/or inspected THE PREMISES where plaintiff JIAN HE was injured, so as to permit a broken, cracked, or defective tree to remain in use. This created a dangerous and unsa...

Excerpt: ... The motion is CONTINUED for the parties to meet and confer in person or telephonically in a good faith effort to resolve the discovery dispute on an item-by- item basis. First, although the motion is entitled a "motion for sanctions" it appears that Plaintiff is objecting to the amended responses served by Defendant after the court granted in part Plaintiff's two motions to compel. If Plaintiff believes the responses are insufficient or in viola...

Excerpt: ...may promptly move for a protective order," and the "court, for good cause shown, may make any order that justice requires to protect any party or other person from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense," including "(5) [t]hat a trade secret or other confidential research, development, or commercial information not be disclosed, or be disclosed only to specified persons or only in a specified way." (C.C.P...

Excerpt: ...f both housekeepers and housekeeper mangers. A counsel for the housekeepers, Nourmand would need to cross-examine the housekeeper mangers. Although the housekeepers and housekeeper mangers do not have adverse claims, the housekeeper mangers, or some of them will likely be adverse witnesses to the claims of the housekeepers. This presents an "adequacy of class counsel" issue that can be identified and addressed on the pleadings." Following this or...

Excerpt: ...f Wages: Reply Tentative Ruling" to be Plaintiff's amended pleading. The court finds that the pleading is uncertain as drafted and fails to states facts sufficient to constitute a cause of action upon which relief may be based. (Code Civ. Proc., § 430.10, subd. (e) and (f); Aragon-Haas v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 238. ) The court had previously sustained Defendant's demurrer to the Complaint and amended comp...

Excerpt: ... termination, failure to maintain required records, and failure to furnish accurate pay statements. In addition, the PAGA Action asserts claims for failure to pay minimum wages, failure to timely pay wages during employment, failure to indemnify employees for work- related expenses The court DENIES the motion to consolidate the two cases. CCP 1048(a) states, "When actions involving a common question of law or fact are pending before the court, it...

Excerpt: ...oward v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428. Defendant 24 Hour Fitness USA, Inc. has not shown that it will be unduly prejudiced by the late request for leave to amend. See Magpali v. Farmers Group, Inc. (1996) 48 Cal.App.4th 471, 486-488. The trial date is September 9, 2019. Defendant has not shown that it will not have time to conduct the discovery necessary to respond to Plaintiff's prayer for an award of punitive damages. F...

Excerpt: ...e), WITH LEAVE TO AMEND to allege facts sufficient to constitute a cause of action against one or both Defendants for intentional infliction of emotional distress, including specifying the "(1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plaintiff's suffering severe or extreme emotional distress; and (3) actual and proximate causati...

Excerpt: ...s the Third Amended Complaint because Plaintiffs did not comply with the Court's order of February 7, 2019. Plaintiffs again asserted the Third Cause of Action for Open Book Account. In the February 7, 2019 order, the Court noted, "Counsel is also advised that he may not include the Third Cause of Action for Open Book Account [without consent from Defendant or prior court approval]." The Court specifically advised in the July 31, 2018 order that ...

Excerpt: ...th the vehicle despite having sufficient opportunity to do so. Defendant was served with the Complaint on June 4, 2018. Defendant answered the Complaint on July 16, 2018. On February 4, 2019, the Court set the trial date after receiving input from counsel for Plaintiff and Defendant. Counsel were advised that the Court considered the trial date to be firm and that it would not likely change it. Defendant has not shown good cause for the trial con...

Excerpt: ...imation of plaintiff's total recovery and the settlor's proportionate liability, the amount paid in settlement, . . . a recognition that a settlor should pay less in settlement than he would if he were found liable after a trial, . . . the financial conditions . . . of settling defendants, as well as the existence of collusion, fraud, or tortious conduct aimed to injure the interests of nonsettling defendants." (Tech-Bilt, Inc. v. Woodward-Clyde ...

Excerpt: ..."Defendant"). At this time, the Court is generally prepared to grant final approval of the terms of the Settlement Agreement and the incentive awards, but requires further information before it can approve the attorney's fees requested. The Court has a "fiduciary responsibility as guardian[] of the rights of the absentee class members when deciding whether to approve a settlement agreement." (Duran v. Obesity Research Institute, LLC (2016) 1 Cal....

Excerpt: ...n particular, liberality should be displayed in allowing amendments to answers, for a defendant denied leave to amend is permanently deprived of a defense."].) Plaintiff argues that if the court permits defendants leave to amend , then the court should permit plaintiff to supplement a claim in the complaint. (Oppo filed 5/30.) CCP 473(a) permits amendments "on terms as may be just." The court is inclined to grant the motion of defendants to file ...

Excerpt: ...RD OF LAW "[T]he court, upon motion reasonably made by [a party] . . . may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders." (CCP § 1987.1(a).) "In addition, the court may make any other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the...

Excerpt: ...itial Complaint against her former client, Noreen Cardinale, and her former co-counsel, Martha Louise Caron, on January 20, 2015. The case was scheduled for trial on November 28, 2016, but that trial date was vacated on October 31, 2016 because the settlement judge requested it and because Plaintiff Bush filed a late Motion for Judgment on the Pleadings as to the Cross-Complaint of Noreen Cardinale. Cross-Complainant had filed her First Amended C...

Excerpt: ...d required by the CJ complies with Health & Safety Code sections 25249.6 and 25249.10(c); (B) the warning required by the CJ is clear and reasonable in compliance with Health & Safety Code section 25249.6; (C) the reimbursement of $11,000 for fees and costs to be paid to Plaintiff's outside counsel and $21,356.50 (including $10,000 to be paid to reimburse Moore Law Firm, P.C.) for fees and costs to be paid to Plaintiff for its in-house legal expe...

Excerpt: ...ion asserting Defendant's counsel "has endeavored and continues to endeavor to provide the requested discovery despite lacking and inconsistent cooperation from [D]efendant." (Def.'s Opp., p. 1.) This is descriptive, but it is not an opposition based in the law. For Plaintiff's part, evidence has been offered that the discovery requests were served and Defendant did not respond completely to the requests, specifically noting Defendant has failed ...

Excerpt: ...sponses to the Requests for Admission, Set One ("RFAs"), served on Plaintiff (while she represented herself) on March 11, 2019. Nevertheless, on April 19, 2019, Plaintiff substituted counsel Dolores Victor as her attorney of record, and on May 8, 2019, Plaintiff served Defendant with verified responses to the RFAs, without objections. The court has reviewed those responses and determines that they are "in substantial compliance with [C.C.P.] Sect...

Excerpt: ...nable time," in no case exceeding six months, after such judgment, order, or proceeding was taken. This motion was not timely filed under CCP §473(b), as it was not filed within six months after default was entered on 10/9/18. Alternatively, Mr. Stapper seeks relief under CCP §473.5, on the ground that he lacked actual knowledge of this action in time to defend. Under CCP §473.5, a party may seek relief from a default judgment where service of...

Excerpt: ...aintiff's Complaint, specifically allegations regarding punitive damages and certain attachments to the Complaint. Defendant's Motion to Strike is GRANTED IN PART WITH LEAVE TO AMEND. Plaintiff shall file an amended complaint no later than July 8, 2019. (See CRC 3.1320(g); see also Angie M. v. Sup. Ct. (1995) 37 Cal.App.4th 1217, 1227 ["Liberality in permitting amendment is the rule, if a fair opportunity to correct any defect has not been [previ...

Excerpt: ...The requests for exemplary damages, as well as the allegations to the effect that Defendants' actions were "malicious, fraudulent, and oppressive," are conclusory and deficient as currently pleaded. Though Plaintiff incorporates all allegations in paragraphs 1 to 41, the allegations therein describe conduct by Defendants that, as a general matter, was negligent or in violation of habitability requirements. (See, e.g., Complaint, ¶ 35 ["Defendant...

Excerpt: ...LLC, and Fairmont Hotel Management Company's ("Claremont Defendants") Demurrer to Plaintiff Jane Doe's ("Plaintiff") First Amended Complaint ("FAC") is SUSTAINED WITH LEAVE TO AMEND IN PART AND OVERRULED IN PART. Plaintiff shall file an amended complaint no later than July 2, 2019. Plaintiff brought this action against Defendants based on an incident in which she claims that Defendant Janvier Bubanje ("Bubanje") blindfolded her and touched her in...