Excerpt: ...ina Pet Salon, LLC's ("KPS, LLC") customers, (2) using KPS, LLC's confidential and proprietary information; and the Court also orders Defendant to (3) surrender and provide to Plaintiffs KPS, LLC and Francisco Reynoso the administrative passwords and any additional information that will enable them to gain control over KPS, LLC's social media, domain name and other online accounts, including but not limited to the domain name "https://katrinaspet...

Excerpt: ...10(a); Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1421 [demurrer for lack of subject matter jurisdiction is general demurrer].) Plaintiff's FAC again did not plead facts showing that Plaintiff exhausted all administrative remedies afforded by Defendant or that a valid excuse exists for not exhausting such remedies. (Parthemore v. Col (2013) 221 Cal.App.4th 1372, 1379.) Administrative exhaustion is "a jurisdictional prerequ...

Excerpt: ...was put on hold until June to allow him to attend occupational and physical therapy. (Id. ¶ 5 at 2.) Plaintiff has been diagnosed with chronic obstructive pulmonary disease, chemotherapy-induced neuropathy, stage III chronic kidney disease, asthma, and hypertension. (Id. ¶ 2 at 1.) Plaintiff also has a history of colon cancer, prostate cancer, and skin cancer. (Id.) While the deterioration of Plaintiff's health has been gradual and he has appar...

Excerpt: ...rs, class action settlements must be reviewed and approved by the Court. (Duran v. Obesity Research Institute, LLC (2016) 1 Cal.App.5th 635, 646 ["The [trial] court has a fiduciary responsibility as guardians of the rights of the absentee class members when deciding whether to approve a settlement agreement"].) California follows a two-stage procedure for court approval: first, the Court reviews the form of the terms of the settlement and form of...

Excerpt: ...of a Chapter 11 bankruptcy petition imposed an "automatic stay on all state and federal proceedings outside the bankruptcy court against the debtor and the debtor's property." (Shaoxing County Huayue Import & Export v. Bhaumik (2011) 191 Cal.App.4th 1189, 1196.) The Bankruptcy Code's automatic stay normally does not extend to non-debtor defendants like MTC. (Higgins v. Superior Court (2017) 15 Cal.App.5th 973, 979.) But, this action is not yet at...

Excerpt: ...members. The Court CONFIRMS its Order of January 29, 2019 certifying a class for settlement purposes. The Court APPROVES the Settlement Agreement. The Court has considered (1) the relative strength of Plaintiffs' case; (2) the high risk, expense, complexity, and likely duration of further litigation of this dispute; (3) the high risk of maintaining class status through trial; (4) the relatively generous amount offered in settlement; (5) the exten...

Excerpt: ... (See Goodall Decl., filed 5/15/19, at ¶ 2 & Ex. A.) Counsel sending the letter does not even appear on the caption page for Plaintiffs' filings in the case. There is no indication that counsel for Plaintiffs ever reached out to counsel for Caltrans by telephone or in any other way to determine when responsive documents would be produced or to ascertain the reason for the apparent delay in the production. Plaintiffs' contention that a meet and c...

Excerpt: ...strictive means exist to achieve the overriding interest." (Cal. Rules of Court, rule 2.550(d).) In particular, Defendant has an overriding interest in its commercially sensitive, proprietary, and confidential business data which it disclosed in order to help the Court assess the reasonability of the parties' settlement. (See cf. Universal City Studios, Inc. v. Superior Court (2003) 110 Cal.App.4th 1273, 1283.) It is clear that the parties have a...

Excerpt: ...he trial date. (California Shellfish Inc. v. United Shellfish Co. (1997) 56 Cal.App.4th 16, 22 [explaining initial discovery hold]; Code Civ. Proc. § 2024.020.) In interpreting the Act, the Court must keep the "prodiscovery policies of the statutory scheme firmly in mind . . . . [and] may not use its discretion to extend the limits on discovery beyond those authorized by the Legislature[.]" (Williams v. Superior Court (2017) 3 Cal.5th 531, 540.)...

Excerpt: ...ohibiting multiple simultaneous amendments. Since an amended complaint always supersedes all prior complaints, the Second Amended Complaint ("SAC") will be immediately superseded by the Third Amended Complaint ("TAC"). (State Compensation Ins. Fund v. Superior Court (2010) 184 Cal.App.4th 1124, 1130- 1131.) Therefore, the TAC will stand as the sole operative complaint in this action. (Id.) Defendant Nutrakey, LLC ("Defendant") did not show that t...

Excerpt: ...uary 8, 2019. (See Pointe San Diego Residential Community, L.P. v. Procopio, Cory, Hargreaves & Savitch, LLP (2011) 195 Cal. App. 4th 265, 274.) Defendants' Motion is DENIED as to the alter ego allegations in the first through eighth and twelfth causes of action. Paragraph 12 of the SAC alleges several ultimate facts phrased in terms of various alter ego factors. Conclusory pleading of the alter ego factors has been held to be sufficient. (Ruther...

Excerpt: ...g California consumers to acrylamide through animal cracker products without a clear and reasonable warning as required by Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986. (Compl. ¶ 1 at 1.) Plaintiff now seeks judicial approval of proposed settlements and consent judgments with Fantasy Cookie and PANOS. The Court has a duty in reviewing "Proposition 65 settlement[s] brought by a private plaintiff . . . to safeguard the...

Excerpt: ...price, or a part thereof, is paid by one person and the title is taken in the name of another." (Estate of Yool (2007) 151 Cal.App.4th 867, 874.) In standard trust terminology, plaintiff Sepi Day ("Plaintiff"), as the payor, is the beneficiary, while defendant Dariush Fakhrabadi, the legal owner of record, is the trustee. Plaintiff did not cite and the Court has not found any authority by which a trustee's spouse is automatically deemed a trustee...

Excerpt: ...Quiet Title is OVERRULED as to Israel Alvarado and SUSTAINED WITH LEAVE TO AMEND against all other cross-defendants. As to cross-defendant Israel Alvarado, defendant Beatrix Alvarado's ("Defendant") cross-claim for quiet title is simply a mirror image of Israel's quiet title claim in his Complaint (although she appears to concede and not question his 5% interest in the subject property). The Court therefore OVERRULES the Demurrer as to the quiet ...

Excerpt: ...See Code of Civil Procedure section 439(a)(4).) However, the Motion is DENIED because Plaintiff has adequately alleged facts that may give rise to the imposition of a constructive trust and an accounting. Regardless of whether a constructive trust is a remedy or a cause of action, Plaintiff has adequately alleged facts that may entitle Plaintiff to a constructive trust over the real property that is the subject of this action. Specifically, Plain...

Excerpt: ...nterrogatories, Set One (Nos. 1-33), Form Interrogatories, Set Two (No. 17.1), and Request for Production of Documents, Set One (Nos. 1-46, 49, 50), no later than December 18, 2018. (Code Civ. Proc. §§ 2030.300(a), 2031.310(a), 2033.290(a).) Plaintiff's objection-only responses were "evasive and quibbling." (Collisson & Kaplan v. Hartunian (1994) 21 Cal.App.4th 1611, 1617.) Plaintiff's objections are meritless. Defendant's request for sanctions...

Excerpt: .... § 761.020(d).) It includes legal conclusions of civil conspiracy, but does not allege facts that constitute such a claim. (See Chicago Title Ins. Co. v. Great Western Financial Corp. (1968) 69 Cal.2d 305, 316-317.) The partition cause of action does not allege all essential elements. (Code Civ. Proc. § 872.230.) It is possible that some or all of these defects may be curable. The Court will therefore grant Defendant leave to amend on this fir...

Excerpt: ... approve a settlement agreement." (Duran v. Obesity Research Institute, LLC (2016) 1 Cal.App.5th 635, 646.) Although "there is a strong public policy favoring the settlement of litigation, this policy does not excuse a contractual clause that is otherwise illegal or unjust." (Timney v. Lin (2003) 106 Cal.App.4th 1121, 1127.) The Court must ensure the settlement is not "contrary to law or to public policy." (Consumer Advocacy Group, Inc. v. Kintet...

Excerpt: ... Settlement and Release ("Settlement Agreement"). To protect the interests of absent class members, class action settlements must be reviewed and approved by the Court. (Duran v. Obesity Research Institute, LLC (2016) 1 Cal.App.5th 635, 646 ["The [trial] court has a fiduciary responsibility as guardians of the rights of the absentee class members when deciding whether to approve a settlement agreement"].) California follows a two-stage procedure ...

Excerpt: ...proper on their face. (Ladas v. California State Auto. Assn. (1993) 19 Cal.App.4th 761, 774.) Plaintiffs' Motion is GRANTED as to the specific costs challenged. Defendant cannot recover $3,788.61 in costs for depositions not used at trial and not necessary for protection of its rights -- namely, the depositions of Jody Pollak, Ava Lavender, Tanya Cagnolatti, and Julie Lanoff. (Code Civ. Proc. § 1033.5(a)(3)(A).) The "COR" bills from Compex are c...

Excerpt: ...Defendants"). Defendants did not establish that it would be appropriate to stay this later-filed action pending the outcome of plaintiffs George C. McLauchlan and Karen L. McLauchlan's earlier-filed Illinois action. (Leadford v. Leadford (1992) 6 Cal.App.4th 571, 574-575 [decision to stay is discretionary when actions are pending in courts of different states].) "A discretionary ruling on whether to stay must take into consideration matters outsi...

Excerpt: ...ight have been inclined to award monetary sanctions. (See Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 407-411 [belated response in face of imminent motion to compel does not deprive trial court of authority to rule on motion].) However, the various versions of Plaintiff's Complaint reveal that Defendant took out the loan at issue to attend law school. On its own motion, the Court takes judicia...

Excerpt: ...y law. (See Jones v. Otero (1984) 156 Cal.App.3d 754, 757.) Defendant Sanjot Singh Kang did not file an opposition and has not waived the error. (Cf. In re Marriage of Falcone (2008) 164 Cal.App.4th 814, 828-829.) The Court urges counsel for Plaintiff to confer with Defendant concerning a stipulation to transfer venue to Contra Costa County, since this case clearly does not belong in Alameda County unless Defendant wishes the case to remain here....

Excerpt: ...fendant did not bear its burden of proving that Congress intended to preempt state law in this instance. (Viva! Internat. Voice for Animals v. Adidas Promotional Retail Operations, Inc. (2007) 41 Cal.4th 929, 935.) California recognizes "four species of federal preemption: express, conflict, obstacle, and field." (Id. at 936.) Each has its own distinct test. (Id.) Defendant incorrectly tried to conflate the latter three types of preemption into a...

Excerpt: ...fendant did not bear its burden of proving that Congress intended to preempt state law in this instance. (Viva! Internat. Voice for Animals v. Adidas Promotional Retail Operations, Inc. (2007) 41 Cal.4th 929, 935.) California recognizes "four species of federal preemption: express, conflict, obstacle, and field." (Id. at 936.) Each has its own distinct test. (Id.) Defendant incorrectly tried to conflate the latter three types of preemption into a...