Excerpt: ...ndependent contractors in violation of Labor Code section 226.8, failing to compensate its workers appropriately, and failing to permit appropriate meal breaks. (See, e.g., Complaint, ¶¶ 3, 47.) Plaintiff's Complaint alleges causes of action under the Private Attorneys General Act ("PAGA"). Plaintiff's Complaint is brought on behalf of himself, other aggrieved employees, and the State of California. (See Complaint, p. 1.) Plaintiff's Complaint ...

Excerpt: ...n served, as provided by the Code of Civil Procedure; however, Defendant is not required to file an amended answer. Defendant's motion to compel arbitration is DENIED AS MOOT. MOTION FOR LEAVE TO FILE SAC "Any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading. . . ." (CCP § 576.) Great liberality is afforded a plaintiff to file an...

Excerpt: ... IT IS FURTHER ORDERED THAT that Plaintiff/Defendant Singh shall deposit with the Court $3,000.00 per month as security. (See Dec. S. Singh, ¶ 17.) The first security deposit shall be made on January 1, 2020 and on the first day of every following month until further order of this Court or until the matters involved in the consolidated actions have been finally and completely disposed of and resolved, at which point the Court will order disposit...

Excerpt: ...k driver for a company owned and operated by the other Defendants, negligently dropped and reached for his phone while driving, causing an accident and Plaintiffs' injuries. Plaintiffs' Complaint alleges causes of action for negligence, negligence per se, and negligent entrustment/hiring/training/supervision. Plaintiffs' Complaint also requests punitive damages. Defendants now move to strike punitive damages from the Complaint. "The court may, up...

Excerpt: ...hom service is to be made or he or she is a necessary or proper party to the action[;] [or] (2) The party to be served has or claims an interest in real or personal property in this state that is subject to the jurisdiction of the court or the relief demanded in the action consists wholly or in part in excluding the party from any interest in the property." (CCP § 415.50(a).) "The court shall order the summons to be published in a named newspape...

Excerpt: ...tlor'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, . . . 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 and Assocs. (1985) 38 Cal. 3d 488, 499.) The Court finds the settlement for $10,000.00, which Telgian wi...

Excerpt: ...w Defendant Julia Chung shall respond to the SAC, after it has been served, as provided by the Code of Civil Procedure. "Any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading. . . ." (CCP § 576.) Great liberality is afforded a plaintiff to file an amended complaint. (See Cal. Gasoline Retailers v. Regal Petroleum Corp. (1958) 50 C...

Excerpt: .... R. Landis, Exh. A.) Accordingly, Plaintiff's motion to compel is DENIED AS MOOT. The adequacy of these further responses is not presently or properly before the Court. The Court cannot appropriately address the amended responses here because the record before the Court in regards to those amended responses is necessarily incomplete, given that they were served after this motion was filed. The separate statements of the parties do not address th...

Excerpt: ...re section 2034.610 permits a party to seek to "[a]mend that party's expert witness declaration with respect to the general substance of the testimony that an expert previously designated is expected to give." (See also Sprague v. Equifax, Inc. (1985) 166 Cal.App.3d 1012, 1039 [stating that a trial court's determination to grant relief will not be disturbed absent a showing of abuse of discretion].) In deciding a motion made under section 2034.61...

Excerpt: ...cation as to each of the First through Eighth Causes of Action therein. Because summary judgment may be granted only if Defendants are entitled to judgment as to each and every cause of action (see C.C.P. § 437c(c)), the court proceeds by addressing the motion for summary adjudication as to each such cause of action. A. First Cause of Action The motion for summary adjudication as to the First Cause of Action is GRANTED. This cause of action alle...

Excerpt: ...efore or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading. . . ." (CCP § 576.) Great liberality is afforded a plaintiff to file an amended complaint. (See Cal. Gasoline Retailers v. Regal Petroleum Corp. (1958) 50 Cal. 2d 844, 851; Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 760-761 [finding that the policy favoring leave to amend is strong].) Generall...

Excerpt: ...il 15, 2019. The date for Plaintiff's compliance with this Order is 10 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. Plaintiff is ORDERED to consult with her disclosed experts Robert Bresee, Thomas Irmiter, and Tamara Spokane, as is necessary, to obtain the information to respond to these interrogatories. If Plaintiff claims she cannot obtain the infor...

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: ...l.App.4th 1058, 1068.) Here, Plaintiff's motion must be DENIED. Initially, Plaintiff's motion suffers from fatal procedural defects. Plaintiff did not file or serve her motion at least 16 court days before the hearing, as required, and, in fact, only filed it on October 21, 2019, 13 court days before the hearing. (See CCP § 1005(b).) Plaintiff has not, to date, filed a proof of service. Nonetheless, Defendant Sutter Bay Hospitals dba Eden Medica...

Excerpt: ...etitioner 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; cf. 9 USC §§ 1 et. seq.) Plaintiff filed her Complaint on July 22, 2019, alleging various causes of action in connection ...

Excerpt: ...e, involving, but not necessarily limited to, "a manual search of the Outlook accounts of Will Jones and Carl Curry;" the "electronic information from Karen Hafstad and Karen Moubara," which was anticipated to be received by October 28, 2019; and the "results of those searches," which were anticipated to be completed by November 4, 2019. To the extent the documents and information referenced by or resulting from the above have not already been co...

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: ...fuses 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, 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.) Here, Plaintiff filed his Complaint ...

Excerpt: ...fety 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 $2,000.00 to be paid pursuant to the CJ is reasonable based on the criteria set forth in Health & 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 forth in Code of Regulation...

Excerpt: ...Plaintiffs' injuries caused by FastTrack Inc., because the single enterprise/alter ego doctrine dictates that the limited liability protections that usually insulate separate corporations from liability for the other corporation's debts do not apply under the circumstances of the case. Plaintiffs now move for summary adjudication, asking the Court to determine, as a matter of law, that DODG is liable for FastTrack Inc.'s debts under the single en...

Excerpt: ... section 391(b)(3) defines a "vexatious litigant" as a persion who "[i]n any litigation while acting in propria persona, repeatedly files unmeritorious motions, pleadings, or other papers . . . ." Here, Plaintiff Lisa Renee Henderson meets the criteria for a vexatious litigant set forth in both subsection (b)(1) and (b)(3) of Code of Civil Procedure section 391. Presently, within the last two years, Plaintiff has filed at least five actions in th...

Excerpt: ...inal Case"). Specially, in this civil action, Plaintiff alleges Defendant's prosecutorial conduct in the Criminal Case has violated Plaintiff's rights to discovery, a fair trial, due process, and a constitutional right to a speedy trial. Defendant now seeks to strike Plaintiff's Complaint as a strategic lawsuit against public participation ("SLAPP"). "A cause of action against a person arising from any act of that person in furtherance of the per...

Excerpt: ...t DODG Corporation ("DODG"), the landlord of Defendant FastTrack Airport Parking, Inc. ("FastTrack Inc."), is liable for Plaintiffs' injuries caused by FastTrack Inc., because the single enterprise/alter ego doctrine dictates that the limited liability protections that usually insulate separate corporations from liability for the other corporation's debts do not apply under the circumstances of the case. DODG now moves for summary judgment as to ...

Excerpt: ...adjudication set to be heard on October 30, 2019. In support of their motion, Plaintiffs have submitted a number of items designated as confidential under the protective order, including stock certificates, financial payments, and other sensitive corporate and business information. Defendants now move the Court, pursuant to California Rules of Court, Rule 2.551, for an order sealing Plaintiffs' motion for summary adjudication based on the confide...