Excerpt: ...legislative purpose of reimbursing the prevailing defendant for expenses incurred in extracting herself from a baseless lawsuit.'" (Wanland v. Law Offices of Mastagni, Holstedt & Chiurazzi (2006) 141 Cal.App.4th 15, 22, citing Wilkerson v. Sullivan, supra, 99 Cal.App.4th 443, 446.) Section 425.16 is interpreted to allow awards of only such fees as the court deems reasonable. (Robertson v. Rodriguez (1995) 36 Cal.App.4th 347, 362; Dove Audio, Inc....

Excerpt: ...Plaintiff because he complained about the presence of asbestos in cabins at City's Echo Lake camp. Plaintiff alleges that he was a protected whistleblower under the Fair Employment and Housing Act, Labor Code section 1102.5 et seq., and Government Code section 8547.1, et seq. Although Plaintiff alleges that City's conduct violated statutes that protect whistleblowers, and he has included in the First Amended Complaint separate causes of action al...

Excerpt: ...r Defendants Amber Olson, Dori Olson in this action given that neither party resides at the address listed and counsel for Plaintiff had knowledge of this fact, but served the complaint and summons anyway. (See C.C.P. § 415.20(b); C.C.P. § 418.10(a)(1).) Further, the court is concerned by the allegations in the motion that counsel falsely stated under oath regarding his knowledge of the legal residences of Defendants, as well as Defendant Amber...

Excerpt: ... Amended Complaint and Second Amended Complaint filed in the related case, Alameda County Superior Court Case No. RG17875657, the court finds that the allegations and causes of action alleged in the present complaint and the three complaints filed in Case No. RG17875657 involve the same incident, the same facts and the same claim for damages. A final judgment on the merits has been entered in Alameda County Superior Court Case No. RG17875657 was ...

Excerpt: ...er 2015 to October 2018, where he worked as a "Parts Specialist." In this action, Plaintiff and other non-party aggrieved employees seek to recover civil penalties pursuant to Labor Code section 2699(a, (f), and (g). O'Reilly contends that because this action seeks only statutory penalties, it is governed by Section 393(a), which provides that "the county in which the cause, or some part of the cause, arose, is the proper county for the trial of ...

Excerpt: ...fendant 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).) The present lawsuit filed by Plaintiff filed a "Complaint for Refund of Overpayment of Personal Income Taxes" alleging that Plaintiff overpaid his 1993 income taxes. (Complaint at ¶¶ 3-5.) Here, Defendant has prese...

Excerpt: ... 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 conduct "intended by the defendant to cause injury to plaintiff, or despicable conduct that is carried on by the defe...

Excerpt: ...ttorney letter exonerated Plaintiff Portofino is not particularly material to any of Plaintiffs' claims, but the court, in its discretion, sees no need to strike it. The motion to strike the allegations at p. 19, lines 14-16, that each defendant ratified the despicable conduct of the other defendant and each defendant was the managing agent of each other defendant is GRANTED WITH LEAVE TO AMEND. These allegations are conclusions intended to suppo...

Excerpt: ...der PAGA; they may only bring the action on behalf of themselves and all other aggrieved employees to vindicate the LWDA's interest in enforcement of the Labor Code. (Labor Code § 2699(c) & (g)(1); Williams v. Superior Court (2015) 237 Cal.App.4th 642, 649.) Any monetary penalties assessed against the defendant are split between the LWDA and named plaintiffs, with 75% going to the LWDA. (Labor Code § 2699(i).) Even outside of the settlement con...

Excerpt: ...uty to provide the premises in a clean, healthful, and safe condition and Defendant Raymond owed a duty to manage the premises in a reasonable manner. Plaintiffs allege that Defendants breached the duty of care by allowing Defendant Lyna Huynh to operate her nail salon and Defendant Jorge Ramirez to operate his dry cleaning business in a manner that caused exposure to toxic chemicals. Plaintiffs alleges that Defendants knowingly failed to properl...

Excerpt: ...e in support of their "renewed" motion the form of a supplemental declaration of Gina Sims, which they allege clarifies the ambiguity that court relied upon when denying the prior motion to compel. Plaintiff is required to present evidence that reconsideration should be granted due to the existence of new or different facts, circumstances or law. See CCP § 1008(a). A motion for reconsideration under C.C.P. § 1008(a) requires the moving party, a...

Excerpt: ... (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 shifts to plaintiff to show the existence of a triable issue of fact regarding the cause of action or defense. (Id.) "There is a triable issue of material fact...

Excerpt: ... or, if none, by the decedent's successor in interest." (C.C.P. § 377.31.) Max Carlson, decedent's guardian ad litem and son has filed a declaration attesting that Plaintiff Christa Carlson ("decedent"), who brought this action, died on June 13, 2019, and that Max Carlson is the successor in interest. The declaration complies with C.C.P. § 377.32 and includes a certified copy of the decedent's death certificate, which the court has examined. Ac...

Excerpt: ... 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.) The court may consider all material facts ple...