Excerpt: .... . . ." Defendant has not filed any opposition to the motion or made any argument contesting Plaintiff's right to recover principal in the amount of $2,898.00. (See CCP sec. 438.) Should Defendant submit a late-filed opposition, the Court exercises its discretion to disregard any such late-filed document. (Cal. R. Ct., Rule 3.1300(d).) Plaintiff's motion is GRANTED WITHOUT LEAVE TO AMEND. Although the motion also seeks costs pursuant to the Memo...

Excerpt: .... (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 [previously] given."].) "A demurrer tests the legal sufficiency of the factual allegations in a complaint." (Redfearn v. Trader Joe's Co. (2018) 20 Cal.App.5th 989, 996.) The Court must determine "whether the complaint alleges facts sufficient to state a cause of action or discloses a complete defense." (Id...

Excerpt: ... Plaintiff alleges that during recess, she was assaulted by a group of boys. Plaintiff alleges that there were no paid employees on the playground, and the one volunteer on the playground only intervened after the assault occurred. Plaintiff alleges that District has failed to discipline Boy 1 or keep him away from Plaintiff, and has allowed Boy 1's parents to question Plaintiff during school hours on school property, without her parents present....

Excerpt: ...ke Portions of the Fourth Amended Cross Complaint is GRANTED IN PART AND DENIED IN PART. As a threshold matter, the Court took into consideration Elstead's untimely oppositions to the Demurrer and Motion to Strike as Cross-Defendants were able to substantively respond to Elstead's arguments in reply. Elstead is admonished to comply with the procedural rules and deadlines with respect to filings and service in all future filings. PROCEDURAL HISTOR...

Excerpt: ... rough approximation 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. Wo...

Excerpt: ...egligent Hiring, Training, and Supervision, and (5) Conspiracy. Then, following the prayer for relief and several pages of proofs of service, there is a Judicial Council form Complaint "Second" Cause of Action for "Intentional Tort," and a Judicial Council form Complaint "First" Cause of Action for "General Negligence." For purposes of clarity, the Court will refer to the cause of action for "Intentional Tort" as Plaintiff's Sixth Cause of Action...

Excerpt: ...rds do not reflect that attorney Huma Ellahie has ever represented Defendant Ariba Investments LLC, which was defaulted on March 25, 2017 without having made an appearance in this case. Huma Ellahie's law firm, Ellahie & Farooqui LLP, was at one point the attorney for Defendant Shariq Mirza, but he has represented himself since September 21, 2017, when a substitution of attorney was filed and served on Plaintiff's counsel. Second, the Stipulation...

Excerpt: ...han within two weeks of the date of this Order, unless the parties stipulate otherwise. Plaintiff's mental state remains in controversy. Plaintiff has not sought leave to amend her complaint to change her allegations to that effect. Plaintiff has not stipulated to limit her evidence at trial. While Plaintiff has proposed a stipulation, the language of Plaintiff's proposal is inadequate to obviate a mental examination, because it does not limit Pl...

Excerpt: ... order the petitioner and the respondent to arbitrate the controversy if it determines that 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." (CCP § 1281.2; see also CCP § 1281.7; 9 USC §§ 1 et. seq.) Plaintiff filed his Complaint on June 28, 2019, alleging various causes of action in con...

Excerpt: ...hen Defendant Nick Zadrozny, the Chief Executive Officer and other Director on the Board, purported to have Plaintiff removed as a Director and to terminate Plaintiff as a corporate officer in May 2015. Plaintiff's Fourth Cause of Action for Declaratory Relief is simply a restatement of his allegations and contentions in the Second and Third Causes of Action. Defendant One More Cloud contends in its motion that the Court should enter summary judg...

Excerpt: ...(collectively "J&J"). Plaintiff alleges that Defendant is a "Talc Defendant." Plaintiff alleges that Defendant Rio Tinto Minerals, Inc., a Utah corporation, is the successor-in-interest, parent, alter ego, and equitable trustee of Rio Tinto Minerals, Inc., a Delaware corporation. Plaintiff alleges that all the named Defendants manufactured, sold, distributed, or otherwise placed into the stream of commerce talc powder products containing asbestos...

Excerpt: ...mplaint no later than December 3, 2019. Defendant's Motion to Strike is DENIED. STANDARD OF LAW "A demurrer tests the legal sufficiency of the factual allegations in a complaint." (Redfearn v. Trader Joe's Co. (2018) 20 Cal. App. 5th 989, 996.) The Court must determine "whether the complaint alleges facts sufficient to state a cause of action or discloses a complete defense." (Id.) The Court assumes "the truth of the properly pleaded factual alle...

Excerpt: ...application shall be executed under oath and shall include: (1) A showing of the basis of the plaintiff's claim and that the plaintiff is entitled to possession of the property claimed. If the basis of the plaintiff's claim is a written instrument, a copy of the instrument shall be attached. (2) A showing that the property is wrongfully detained by the defendant, of the manner in which the defendant came into possession of the property, and, acco...

Excerpt: ...(See CCP sec. 430.10(e), (f).) "A demurrer tests the legal sufficiency of the factual allegations in a complaint." (Redfearn v. Trader Joe's Co. (2018) 20 Cal.App.5th 989, 996.) The Court must determine "whether the complaint alleges facts sufficient to state a cause of action or discloses a complete defense." (Id.) "As a general rule in testing a pleading against a demurrer the facts alleged in the pleading are deemed to be true. . . ." (Del E. ...

Excerpt: ...rrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike." (CCP § 472(a).) "A party may amend the pleading after the date for filing an opposition to the demurrer or motion to strike, upon stipulation by the parties." (Id.) Plaintiff filed ...

Excerpt: ...tiffs failed to provide adequate notice for this Motion, which should have been served by October 9, 2019 by overnight mail. Instead, the Motion was not served until October 11, 2019. Plaintiffs are admonished to comply with the applicable rules for service in the future. Nevertheless, as Defendants were able to substantively respond, the Court shall rule on the Motion. Plaintiffs seek an order requiring Defendants Red Oak Realty, Inc. ("Red Oak"...

Excerpt: ...finance for the two of the properties under her name alone, and Wendy Tang would manage the properties. A grant deed dated December 12, 2018 stated that Plaintiff was entitled to a 25% ownership and rental income of the subject properties, and Defendants would be entitled to the remaining 75% ownership and rental income. For the third property, Plaintiff and Wendy Tang orally agreed to a different arrangement wherein Plaintiff would be entitled t...

Excerpt: ...ment 517 on October 24, 2018. The Court declines to summarize the procedural history of the case as it has been described sufficiently in its prior orders. Plaintiff's operative Third Amended Complaint was filed on April 10, 2019. Defendants have moved for judgment on the pleadings as to the following causes of action: (1) First Cause of Action for Slander Per Se; (2) Second Cause of Action for Libel under California Law; (3) Third Cause of Actio...

Excerpt: ...ing OE3 as the ACMEA Union; (c) representing OE3 as the current representative of AMCA members regarding the terms and conditions of employment; (d) representing ACMEA and ACMEA members regarding corporate affairs, elections, and terms and conditions of employment, other than the notice of transfer of files and preservation of deadlines during the transfer; (e) obstructing ACMEA's demand to turn over files regarding representation of ACMEA member...

Excerpt: ...ement with Defendant. Plaintiff asserts claims for (1) failure to pay overtime wages; (2) failure to provide meal periods; (3) failure to provide rest breaks; (4) failure to pay minimum wages; (5) failure to timely pay wages; (6) failure to provide accurate and itemized wage statements; (7) collection of due and unpaid wages; (8) and violation of Business & Professions Code Section 17200. Defendant's Motion to Compel Arbitration, Strike Class Cla...

Excerpt: ... San Diego v. Superior Court (2018) 30 Cal. App. 5th 457, 469.) Although the right to counsel of one's choice is an important one, it "must yield to ethical considerations that affect the fundamental principles of our judicial process." (Id.) "At the same time, courts have recognized that a disqualification order is not without cost." (Id.) "[I]t must be kept in mind that disqualification usually imposes a substantial hardship on the disqualified...

Excerpt: ... below, the motion is DENIED. LEGAL STANDARDS The purpose of summary judgment and adjudication procedures is to allow this Court to "cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute." (Miller v. Fortune Commercial Corporation (2017) 15 Cal.App.5th 214, 220, citing Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 843.) Summary judgment is prope...

Excerpt: ...ies an opportunity to address concerns with the form of notice and contents of the proposed settlement agreement. The parties have submitted an Amended Settlement Agreement and revised class notice, and the Court now considers the sufficiency of those documents as revised. When no class has been certified, as is the case here, the Court must determine whether the case meets requirements for certification. (See Anchem Prods., Inc. v. Windsor (1997...

Excerpt: ...v. Proc. § 1005(b).) Plaintiffs served their motion papers on opposing counsel on October 29, 2019, and filed them with the Court on October 30, 2019. The noticed hearing on this motion is November 4, 2019. The motion was, in short, filed on the third Court day before the hearing. Furthermore, the settlement agreement purports to settle claims raised under the Labor Code Private Attorneys General Act of 2004 ("PAGA") (Lab. Code §§ 2698 et seq....

Excerpt: ...y approved the settlement agreement on July 10, 2019, and ordered the parties to give notice of the settlement to the absent class members. The Court CONFIRMS its Order of July 10, 2019, certifying a class for settlement purposes. The Court APPROVES the Settlement Agreement. The Court has considered (1) the relative strength of the Plaintiffs' case; (2) the high risk, expense, complexity, and likely duration of further litigation of this dispute;...