Excerpt: ...26.7, 512), accurate wages statements, and waiting time penalties (Labor Code 201-203), and claims under the UCL. The First Amended Complaint also asserts a PAGA claim on behalf of the LWDA for penalties (Labor Code 2699). On 3/1/19, the court denied the motion of Daylight to compel plaintiffs to arbitrate their individual claims. The court found that the Independent Contractor Agreements are contracts evidencing a transaction involving commerce ...

Excerpt: ...h the voters intended Labor Code 887 to apply retroactively, retroactive application would interfere with Labor Code 226.7(c) payments, which the Supreme Court has held are "wages" in which employees have vested interests, so Labor Code 887 operates prospectively only; and (3) assuming Labor Code 887 operates retrospectively, it applies only to ground ambulances and the court has already held in the Final Statement of Decision filed 8/23/17 that ...

Excerpt: ...nt with the analysis in this order. On or before 7/24/19, the DSH may submit a supplemental opening brief to tax the costs asserted in the revised memorandum. On or before 8/7/19, petitioners may submit a supplemental opposition brief. On or before 8/14/19 the DSH may submit a supplemental reply brief. GENERAL RULE. CCP 1032(b) states that a prevailing party is entitled as a matter of right to recover costs. CRC 3.1700(a)(1) states that a memoran...

Excerpt: ...sible evidence demonstrating that it made a disclosure of its intent to require all disputes to be resolved by binding arbitration in compliance with Health & Safety Code § 1363.1. Kaiser's only evidence that it purportedly made that disclosure is the declaration of James Larreta-Moylan, but Mr. Larreta-Moylan admits that Kaiser had not been able to locate any screen-prints showing the actual, entire Conditions of Acceptance/Arbitration Agreemen...

Excerpt: ... reasonable inferences to be drawn therefrom, in support of the verdict, the motion should be denied. (See Sweatman v. Department of Veterans Affairs (2001) 25 Cal. 4th 62, 68.) In her motion, Plaintiff argues that Defendant was negligent at the time of the accident because she violated one or multiple of Vehicle Code sections 21460, 22350, or 21801, which relate to crossing double yellow lines, speeding, and yielding, respectively. However, simp...

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: ...the ground that there is a another action pending is SUSTAINED. In the First Cause of Action, Plaintiff seeks to quiet title to a month-to-month tenancy at 7203A Holly Street, Oakland, and the Second Cause of Action seeks a declaration that Plaintiff owns has month-to-month tenancy. Plaintiff does not seek to establish an ownership in interest in the real property, but merely the right to reside there as a tenant. Defendant Dellesia Onifade's com...

Excerpt: ...s who allege that they are current and former residents of a housing complex in Oakland, California, known as the MacArthur Apartments (the "Property"). Plaintiffs allege that Defendants failed to address or repair certain defects and dangerous conditions at the Property. Amcal Defendants demur to the Fourth Cause of Action for breach of contract for failure to state a cause of action. The Court had previously sustained with leave to amend Defend...

Excerpt: ...fendant failed to provide discovery responses in violation of the Court's March 23, 2018 and June 21, 2018 Orders. DISCOVERY ORDERS On December 11, 2017, Plaintiff served three sets of form interrogatories and three sets of demands for production on: (1) Dellesia Onifade, individually; (2) Dellesia Onifade, as administrator of the estate of Jerlyn Smith; and (3) Dellesia Onifade, as trustee of the Jerlyn Smith Trust. When Defendant failed to resp...

Excerpt: ...ing to the terms and conditions of such agreement to binding arbitration...." (Notice, p. 2.) Section 1281.5, cited in the notice of motion, refers to circumstances were a person "proceeds to record and enforce a claim of lien by commencement of an action pursuant to Chapter 4 (commencing with Section 8400) of Title 2 of Part 6 of Division 4 of the Civil Code...." The instant action alleges that Plaintiff Pacific Data Electric, Inc. ("PDE") "reco...

Excerpt: ...e to the Labor and Workforce Development Agency ("LWDA") of the "facts and theories" supporting their allegations of Defendants' alleged Labor Code violations. (Brown v. Ralphs Grocery Co. (2018) 28 Cal.App.5th 824, 835-838 [citing Lab. Code § 2699.3(a)(1)(A)].) Adequate notice to LWDA is a mandatory prerequisite to a Private Attorneys General Act of 2004 ("PAGA") action. (Id.) Plaintiffs' claims are all distinguishable from the sole conclusory ...

Excerpt: ...(1)(B).) "The grounds for [the] motion . . . shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice." (CCP sec. 438(d).) Here, Plaintiff's Complaint does not state facts sufficient to constitute a cause of action against Defendant. While nominally for breach of contract, the Complaint fails to provide sufficient information to understand the cause of action asserted. At one po...

Excerpt: ...ght an ex parte application to shorten time. It is a violation of due process to grant a motion against a party who did not receive timely and adequate notice in the manner prescribed by law. (See Jones v. Otero (1984) 156 Cal.App.3d 754, 757.) Defendant and Cross-Complainant Tamara Taylor Reeder correctly objected to Eichman's error on May 13, 2019. Eichman's May 16, 2019 amended notice did not sufficiently cure the error because it was served a...

Excerpt: ... alleged in the Complaint. The court finds that the claims arise out of the same occurrence. Further, although there has been a delay, Defendants have adequately provided the reasons for not initially filing the compulsory cross-complaint and the delay due to a variety of factors. The court is required to grant leave "as long as defendant is acting in good faith." (C.C.P. § 426.50) "A policy of liberal construction of section 426.50 to avoid for...

Excerpt: ...n limine ruling deprived her of a potential comparative fault defense. At trial, the jury found that Plaintiff proved Defendant was negligent in an accident with Plaintiff on the afternoon of June 10, 2016, and that her negligence was a substantial factor in causing injuries to Plaintiff. At the time of the accident, Plaintiff was riding a bicycle eastbound on Gilman Street in Berkeley, California. He was not wearing a bicycle helmet. Defendant w...

Excerpt: ...ff Presented Sufficient Evidence to Support That Defendant Was Negligent." (Pltf.'s Memo., p. 4:12-14.) Plaintiff's framing makes it sound as though the Court could order a new trial simply because reasonable minds could differ on the question of negligence in this case. However, that is not the standard of section 657. Section 657 requires that "[a] new trial shall not be granted upon the ground of insufficiency of the evidence to justify the ve...

Excerpt: ...foreclosure because Plaintiff is allegedly not in default of its obligations secured by the underlying deed of trust. FACTUAL BACKGROUND Plaintiff purchased the Property on December 9, 1988, with the intent to subdivided it and develop nine single family homes (the "Project"). Plaintiff obtained a construction and development loan from Bay Bank in the amount of $1,837,500. In January 2004, Plaintiff refinanced the loan ("Bank Loan") with Valley C...

Excerpt: ... 437c(p)(1); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) "A prima facie showing is one that is sufficient to support the position of the party in question." (Id. at 851.) Defendant has no obligation to present any affirmative evidence to show that a hypothetical reasonable jury could find in its favor until plaintiff has met its initial evidentiary burden. (Id. at 850.) Material facts are "fact that relate to the cause of actio...

Excerpt: ...mary judgment. LEGAL STANDARD "A party may move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding." (CCP sec. 437c(a)(1).) "[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law." (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4t...

Excerpt: ...y, "Defendants") request for reimbursement of reasonable out-of-pocket travel expenses associated with Plaintiffs' cancellation of the April 25, 2019 mediation is GRANTED. For the purpose of determining the exact amount of such reimbursement, the hearing on this Motion is CONTINUED to 9:00 a.m. on June 18, 2019 in Department 16, as further explained below. Since the parties and attorneys in this action are so widely dispersed geographically and i...

Excerpt: ...does not limit the applicability of section 1788.61 to debts purchased before 1/1/14, attaching copies of legislative reports regarding the intended effect of §1788.61. (Reply, Exh.A., B.) Under the plain language of Civil Code 1788.61(d), "This section shall apply to a default or default judgment entered on or after January 1, 2010, except in the case of identify theft or mistaken identity, in which case this section shall apply regardless of t...

Excerpt: ...fication and preliminary approval of class action settlement is hereby CONTINUED to Monday, July 15, 2019, at 3:00 P.M. A. Written objections should not be required to appear at hearing The parties' Stipulation and Settlement Agreement ("Settlement Agreement"), in paragraph 4.4.1, purports to require objectors to submit a written statement of objection within 60 days of the mailing of notice or waive their right to appear at the final approval he...

Excerpt: ... except" those specifically denied. (Answer at p.1, ¶ 2.) The only substantive assertion in the answer is that Phetphomassouk "do[es] not have enough income to make payment." Phetphommasouk has not filed papers opposing this motion. He is encouraged to seek counsel experienced in debt collection defense to avoid future prejudice to his case. For the reasons stated below, BANA's motion is GRANTED WITH LEAVE TO AMEND. LEGAL STANDARDS A plaintiff m...

Excerpt: ...bers. The motion for final approval was heard on March 21, 2019, and continued to today because of the Court's concerns regarding insufficient service of class notice. Class counsel, acting as settlement administrator, has declared that he has since identified mailing addresses for the remaining un-notified class members and has transmitted class notice. Counsel further reports that none of these four class notices has been returned as undelivera...

Excerpt: ...b) failure to pay minimum wages, (c) failure to provide meal and rest breaks, (d) failure to provide accurate wage statements, (e) failure to maintain accurate payroll records, (f) failure to pay all wages earned, (g) failure to pay earned wages at termination, (h) failure to provide one day's rest in seven, (i) failure to provide reporting time pay, (j) failure to provide adequate seating, (k) failure to reimburse for necessary business expenses...