Excerpt: ...y with Health & Safety Code § 1363.1(b). The Court rejects Plaintiffs' argument and determines that the arbitration notice in the enrollment form signed by Plaintiff Gabriella Ilinestky was "prominently displayed" in compliance with § 1363.1(b). The arbitration notice consists of 191 words of text immediately preceding Ms. Ilinestky's signature, under a boldfaced heading entitled "KAISER FOUNDATION HEALTH PLAN, INC., ARBITRATION AGREEMENT," sep...

Excerpt: ... 93, 94, and prayer 7.) On 10/7/19, plaintiffs identified many of the DOE defendants, including DOE #3 - Justice Brothers. This is a motion to strike. On notice issues, the question is whether the complaint puts defendant on notice of the claims against them. On merits issues, the question is whether the complaint states claims when the court takes all factual inferences in favor of plaintiffs. The motion to strike the allegation regarding "other...

Excerpt: ...the Court requests that the parties address the following issues. Plaintiff should be prepared to address what evidence in the record exists to support her burden to show that Plaintiff was a qualified person with a disability, i.e., that Plaintiff could perform the essential functions of her prior position or any other then open position with Defendant, with or without reasonable accommodations, as of June 4, 2012, the date of the adverse employ...

Excerpt: ...e same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order." (CCP § 1008(a).) "The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown." (Id.) In addition, "[t]he court may, upon any terms as may be just, relieve a party ...

Excerpt: ... Civil Procedure section 1008(a).) Safeway argues that the "new or different facts or circumstances" on which this motion is based is that Plaintiff Cheryl Demello ("Plaintiff") introduced "additional new evidence" at the December 20, 2019 hearing on Safeway's motion for summary judgment. This assertion is incorrect. Plaintiff did not introduce any new evidence at the December 20, 2019 hearing, nor did she "present the full length of the video." ...

Excerpt: ...good cause for issuance of the order by a preponderance of evidence. (Stadish v. Sup.Ct. (Southern Calif. Gas Co.) (1999) 71 Cal.App.4th 1130, 1145.) The court finds that Plaintiffs have not presented good cause in support of their motion by a preponderance of the evidence. Generally, there is no right of public access to discovery materials exchanged between civil litigants (e.g., pretrial depositions and interrogatories). Nor do the sealing rul...

Excerpt: ...award of $5,000 for each class representative, and a net PAGA payment of $15,000, and settlement administration costs of $14,500. After these expenses of 214,500, the class would get $325,500. The moving papers state the average payout per class members would be $436. (Opening at 8:17) This suggests minimal litigation costs. The settlement was mediated with the assistance of Judge Enrique Romero (Ret). The court gives "considerable weight to the ...

Excerpt: ...orneys' fees of up to $75,000, costs of up to $15,000, a service award of $7,500 for the class representative, settlement administration costs of $10,000, and a PAGA payment to the LDWA of $3,750. After these expenses of $111,250, the class would get $113,750. This is an average of $1,186 per class member. The settlement was mediated with the assistance of Francis Ortman. The court gives "considerable weight to the competency and integrity of cou...

Excerpt: .... Inc. The case was referred to mediation, and notice of a settlement was filed in February 2018 and then withdrawn. Eventually, a settlement was reached and American Honda was dismissed on December 10, 2018. Defendant OAC was added by Doe amendment on November 15, 2018. Defendant OAC never appeared and default was entered. A prove-up hearing was scheduled for April 19, 2019, and continued twice at the request of counsel to June 28, 2019. On June...

Excerpt: ...tiff alleges there was an agreement he would pay for the property by accepting a reduced salary working for Defendants for a period of time. (See SAC, ¶¶ 9-20.) Plaintiff did work for Defendants and has occupied the property. (See SAC, ¶¶ 17, 18.) Plaintiff alleges Defendants have refused to honor the agreement and misrepresented their intentions to him. (See, e.g., SAC, ¶ 31.) Defendants now demur to the SAC. First, Defendants' demurrer suf...

Excerpt: ...eckenridge Property Fund 2016 LLC with leave to amend on August 14, 2019, Plaintiffs filed and served their Second Amended Complaint on September 3, 2019. Plaintiffs' Proof of Service indicates that the pleading was served on Defendant's attorney on September 3, 2019. Defendant therefore had until October 8, 2019 to file and serve the Demurrer. See CCP §§ 430.40(a) and 1013. Defendant did not file its Demurrer until October 15, 2019. Defendant ...

Excerpt: ...tely December 2012. Plaintiff and her husband executed a two-year lease with Waypoint Homes, Inc. on December 22, 2012. Plaintiff Vanessa Bulnes operated an in-home child care business on the property. In October 2013, in preparation for the installation of planter boxes in the children's play area on the property, third party City Slicker Farms analyzed the soil in the area and determined that it contained excessive levels of lead. Plaintiff req...

Excerpt: ...8507 Overacker Avenue, in Fremont, from David Aguilar in December 2017. Defendant purchased his property, located at 38508 Thane Street, from Raul and Mayra Ruiz in July 2016. Plaintiffs and Defendant do not dispute the fact that Plaintiffs' property encroaches upon Defendant's property in two distinct areas. There is an encroachment of about 65 square feet that permits Plaintiffs to enter their backyard from the driveway through a gate. Unknown ...

Excerpt: ... while he or others in his presence replaced Defendant's brake parts. Motion for Summary Judgment Defendant targets the threshold exposure sub-element of the essential element of causation by attempting to show that "the plaintiff does not possess, and cannot reasonably obtain, needed evidence-as through admissions by the plaintiff following extensive discovery to the effect that he has discovered nothing." (See Rutherford v. Owens-Illinois, Inc....

Excerpt: ... in the complaint is not the proper court. (b) When there is reason to believe that an impartial trial cannot be had therein. (c) When the convenience of witnesses and the ends of justice would be promoted by the change. (d) When from any cause there is no judge of the court qualified to act." The Alameda Superior Court is the jurisdictionally proper Court for this action to be heard. The subject real property is located in Alameda County, and bo...

Excerpt: ...on for labor condition application with the US Labor Department for Ravi Nakidi." Teamsoft contends Plaintiff's failure to provide documents responsive to Request No. 9 is inappropriate and subject to a motion to compel. The Court disagrees. Plaintiff need not comply with Request No. 9. The Court reaches this decision for multiple reasons, each of which would be sufficient to DENY the motion on its own, as follows: First, the Court finds Plaintif...

Excerpt: ...espond fully, including producing responsive documents, as necessary, within 15 days from the date of service of notice of entry of this Order, as modified for method of service under Code of Civil Procedure section 1013. The Court previously ordered Defendant to respond to Plaintiff's requests for production on October 3, 2019. Defendant eventually responded, serving written responses to the requests for production on October 24, 2019. (See Exh....

Excerpt: ...f Documents Nos. 2 through 10, and Requests for Admission Nos. 2 through 5. The date for Defendant's compliance with this Order in regards to discovery responses is 30 days from the date of service of notice of entry of this order, as modified for method of service under Code of Civil Procedure section 1013. Defendant Andy Yang is ORDERED to serve full, complete, and verified further responses, without objection (other than objection as to attorn...

Excerpt: ...ts of suit, which the Moving MPA estimates are approximately $20,113 to date. The Settlement Agreement calls for a $2,500 class service award to each of plaintiffs Lorenzo and Figueroa, a net PAGA payment of $3,750, and administration costs estimated to be $7,620. Thus, after expenses of approximately $133,983, the class would receive approximately $191,017. The average payout to class members would be approximately $955. Settlement negotiations ...

Excerpt: ...eckenridge Property Fund 2016 LLC with leave to amend on August 14, 2019, Plaintiffs filed and served their Second Amended Complaint on September 3, 2019. Plaintiffs' Proof of Service indicates that the pleading was served on Defendant's attorney on September 3, 2019. Defendant therefore had until October 8, 2019 to file and serve the Demurrer. See CCP §§ 430.40(a) and 1013. Defendant did not file its Demurrer until October 15, 2019. Defendant ...

Excerpt: ... Halaby, Senior Civil Engineer for the City of Richmond, filed a complaint with the Department of Labor Standards Enforcement ("DLSE") on or about February 25, 2016 stating that Petitioner refused to submit certified payroll records for work completed in 2015 for a City of Richmond public works project. (Administrative Record ("AR") 3, 66-67, 137-138.) Mr. Halaby felt Petitioner's actions were in contravention of prevailing wage law. (Id.) The ge...

Excerpt: ...umed to be open. (Cal. R. Ct. 2.550(c).) The Court may order records sealed only if it finds "(1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist t...

Excerpt: ...9032246 ("Macias Action"), and Gallagher Basset Services, Inc., et al. v. Domingo Antonio Doroteo, et al., Alameda County Superior Court, Case No. RG19034930 ("Gallagher Action"). IT IS FURTHER ORDERED THAT all future filings shall be in this action, Yolanda Reyes Lopez, et al. v. Domingo Antonio Doroteo, et al., Alameda County Superior Court, Case No. RG19030100. "When actions involving a common question of law or fact are pending before the cou...

Excerpt: ...ation regarding two garment pieces identified in AFA's Proposition 65 Notice by style number since the notices also broadly identify all items manufactured of the same material as the two identified garment pieces. Specifically, the notices state under "Types of Products": "The specific types of products causing the violations are various pieces of uniform apparel. These include, but are not limited to, the following listed items and items manufa...

Excerpt: ... than the date for filing an opposition to the demurrer or motion to strike." (CCP § 472.) "The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading[.]" (CCP § 473(a)(1).) "[T]rial courts are to liberally permit such amendments, at any stage of the proceeding[.]" (Hirsa v. Superior Court (1981) 118 Cal. App. 3d 486, 488-89.) A court's discretion is usually exercised liberally to permit ame...