Excerpt: ...ss representatives, a net PAGA payment of $2,250, and settlement administration costs of up to $5,000. After these expenses, the class would get $87,250. The average payout per class members would be $883. The proposed class notice form and procedure are adequate. The proposed class is appropriate for class certification. The motion makes an adequate analysis as required by Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116. A very imp...

Excerpt: ...ourt repeats the analysis in the parallel case even though it is not directly pertinent to this case OVERVIEW The motion of defendants to strike the complaints and the motion of plaintiff to compel further responses to discovery are both part of the larger picture of how a case moves from a plaintiff's pre-filing investigation to a P65 notice to the Attorney General and the alleged violator, to the filing of an adequate complaint, to discovery, t...

Excerpt: ...prevails) to an appropriate injunction. The motion to strike is based on the pre‐filing notice. It presents questions about whether the notice put the alleged violator on notice so that they could remedy the situation without a lawsuit and to the Attorney General so that it could determine whether to initiate its own investigation and possible lawsuit. The court finds the notice to be adequate. The motion to compel further discovery is based on...

Excerpt: ...prevails) to an appropriate injunction. The motion to strike is based on the pre‐filing notice. It presents questions about whether the notice put the alleged violator on notice so that they could remedy the situation without a lawsuit and to the Attorney General so that it could determine whether to initiate its own investigation and possible lawsuit. The court finds the notice to be adequate. The motion to compel further discovery is based on...

Excerpt: ...2AC, para 27(d).) Clients can request specific musicians. (2AC, para 27(n).) When IML or IAL has a client it then invites musicians, who can sign up for the event and play at the event. (2AC, para 27(g).) The musician is paid a share of the proceeds of the performance. (2AC, para 27(g).) The client pays IML or IAL, and IML or IAL then pays the musicians. (2AC, para 27(j).) IML and IAL issue Form 1099s to musicians and do not issue W‐2s. (2AC, p...

Excerpt: ...f a putative class. Plaintiff is prosecuting this case as agent or proxy of the LWDA under the PAGA. (Iskanian v. CLS Transp. Los Angeles, LLC (2014) 59 Cal.4th 348, 381.) (See also Collie v. Icee Company (2020) 52 Cal.App.5th 477, 481.) These include causes of action 4 (LC 2751), 5 (accounting), 7 (LC 221), 8 (LC 223), and 11 (LC 202). The LWDA's claims are for Labor Code violations. The LWDA is not asserting claims for breach of the "FY19 Incen...

Excerpt: ...CCP 5150.) PROCEDURAL MATTERS These are demurrers, so the court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken." (Redfearn v. Trader Joe's Co. (2018) 20 Cal.App.5th 989, 996.) California law is that complaints must be in language that is "ordinary and concise" (CCP 425.10) and "allegations must be liberally const...

Excerpt: ...s. (Order of 10/6/19.) The case preliminarily settled for monetary relief of a total of approximately $700,000. The settlement agreement states there will be attorneys' fees and cost of up to $210,000 (30%) and a service award of $10,000 for each class representative. The case preliminarily settled for non-monetary relief of agreement to cooperate in the discovery for the claims against Midland. The proposed class notice form and procedure are ad...

Excerpt: ...uments regarding dates Plaintiff took Ms. Mai to appointments and other specific information regarding Ms. Mai's medical diagnosis. Defendant has objected to the requests on the grounds that it violates Ms. Mai's right to privacy. The court agrees. The Court must "place the burden on the party asserting a privacy interest to establish its extent and the seriousness of the prospective invasion, and against that showing must weigh the countervailin...

Excerpt: ...� Prelim. L-1.) Plaintiffs' First Amended Complaint alleges causes of action for general negligence, premises liability, negligent infliction of emotional distress, and negligence per se against Defendant. (Plaintiff's First Amended Complaint.) Mr. Ramirez, a licensed electrical contractor, was hired by Freeway Insurance Services to remove the electric "Freeway Insurance" sign after it had terminated its lease and began to vacate the leased premi...

Excerpt: ...f a putative class. Plaintiff is prosecuting this case as agent or proxy of the LWDA under the PAGA. (Iskanian v. CLS Transp. Los Angeles, LLC (2014) 59 Cal.4th 348, 381.) (See also Collie v. Icee Company (2020) 52 Cal.App.5th 477, 481.) These include causes of action 4 (LC 2751), 5 (accounting), 7 (LC 221), 8 (LC 223), and 11 (LC 202). The LWDA's claims are for Labor Code violations. The LWDA is not asserting claims for breach of the "FY19 Incen...

Excerpt: ...that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. (Code Civ. Proc. § 437c, subd. (c).) A defendant moving for summary judgment must show either that one or more elements of plaintiff's cause of action cannot be established or that there is a complete defense to that cause of action. (Code Civ. Proc. § 437c, subd. (p)(2).) Once defendant makes this showing, the burden s...

Excerpt: ...ture and type shown by the evidence," or "[t]he financial condition of the defendant." (Cal. Civ. Code §§ 3295(a), (c).) "Upon motion by the plaintiff supported by appropriate affidavits and after a hearing, if the court deems a hearing to be necessary, the court may at any time enter an order permitting the discovery otherwise prohibited by this subdivision if the court finds, on the basis of the supporting and opposing affidavits presented, t...

Excerpt: ...trier of fact, weighing all the affidavits, declarations, and other documentary evidence, and any oral testimony the court may receive at its discretion, to reach a final determination." Ruiz v. Moss Bros. Auto Group, Inc. (2014) 232 Cal.App.4th 836, 842. In Ruiz, the court found that the defendant seeking to compel arbitration had not adequately established that the plaintiff had electronically signed the arbitration agreement. (Id.) Here, the m...

Excerpt: ...ary (KNBC-TV), Inc. v. Superior Court (1999) 20 Cal. 4th 1178. Even where a motion to seal is not opposed, the Court has an obligation to review the motion and seal only those documents that meet the requirements of C.R.C. 2.550(d). Under C.R.C. 2.550(d), the Court may order that a court record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to ...

Excerpt: ...ideration of the declaration of Dawn Ceizler, the court finds that Defendant made multiple good faith attempts to meet and confer with Plaintiff, but was unable to due to the lack of a direct phone number to reach him. If Plaintiff has a direct phone number or an email address, Plaintiff should provide the contact information to counsel and update his contact information in his pleadings. PLAINTIFF'S COMPLAINT Plaintiff alleges eighteen causes of...

Excerpt: ...o expunge a lis pendens may be filed at any time after the notice is recorded. (CCP § 405.30.) The Court must order a lis pendens expunged if it finds either (1) that the claimant does not have a real property claim (CCP §§ 405.4, 405.31) or (2) that the claimant has not "established by a preponderance of the evidence the probable validity of the real property claim." (CCP § 405.32.) A real property claim is any cause of action that, if merit...

Excerpt: ...d Stone's prior request for attorney's fees is misplaced. Plaintiff fails to discuss the key difference between the present noticed motion, specifically that Defendants Demo and Stone's prior request for attorney's fees was brought by way of memorandum of costs. The court's prior order for the request for attorney's fees was in response to a motion to tax costs, associated with a memorandum of costs, which fell under Carpenter v. Jack in the Box ...

Excerpt: ...Aragon-Haas v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 238. ) The complaint must be "liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc. § 452.) The court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-67; Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) ...

Excerpt: ...st the Defendants 1) Invasion of Privacy, 2) Violation of Penal Code 632, 637.2, 3) Negligence, 4) Violation of Oakland Tenant Protection Ordinance, 5) Breach of covenant of quiet enjoyment; 6) IIED, 7) NIED, 8) Violation of Civil Code 1965, 9) Violation of statutory duties and 10) Trespass. Defendants seeks summary judgment, or in the alternative, summary adjudication of "several of the causes of action alleged against it pursuant to Code of Civ...

Excerpt: ...t (1998) 67 Cal.App.4th 1253, 1255.) In order to state a prima facie claim for punitive damages, a complaint must set forth the elements as stated in the general punitive damages statute, Civil Code section 3294. (College Hospital, Inc. v. Superior Court (1994) 8 Cal.4th 704, 721.) These statutory elements include allegations that the defendant has been guilty of oppression, fraud or malice. (Civ.Code, § 3294, subd. (a).) "Malice" is defined as ...

Excerpt: ...) 231 Cal.App.3d 232, 238. ) The complaint must be "liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc. § 452.) The court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-67; Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The court may consider all material facts pleaded in the...

Excerpt: ...tion on the ground that it was filed well after the initial 60-days after the initial cross-complaint was served. Cross-Complainant argues that the First Amended Cross-Complaint filed on April 22, 2021, did not contain new causes of action and is sufficiently similar to the original cross-complaint filed on Mary 21, 2018 so that the court should consider the anti-SLAPP motion as untimely. The court agrees. Typically, an anti-SLAPP motion must be ...

Excerpt: ...tion on the ground that it was filed well after the initial 60-days after the initial cross-complaint was served. Cross-Complainant argues that the First Amended Cross-Complaint filed on April 22, 2021, did not contain new causes of action and is sufficiently similar to the original cross-complaint filed on Mary 21, 2018 so that the court should consider the anti-SLAPP motion as untimely. The court agrees. Typically, an anti-SLAPP motion must be ...

Excerpt: ...t (1998) 67 Cal.App.4th 1253, 1255.) In order to state a prima facie claim for punitive damages, a complaint must set forth the elements as stated in the general punitive damages statute, Civil Code section 3294. (College Hospital, Inc. v. Superior Court (1994) 8 Cal.4th 704, 721.) These statutory elements include allegations that the defendant has been guilty of oppression, fraud or malice. (Civ.Code, § 3294, subd. (a).) "Malice" is defined as ...