Excerpt: ...ec. R. Lee, paras. 4-6.) In 2014, Decedent began to insist that Defendant repay her certain amounts that she had provided to him at some point in the past. (See Dec. R. Lee, paras. 10-12; Dec. J. Jacobs, paras. 7-8.) The parties provide no clear written record of when these funds were distributed to Defendant, and the fundamental nature of the transfer is disputed. Plaintiff provides evidence the funds were a gift in the amount of $40,000.00, and...

Excerpt: ...en 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 settlement notice to the class and provides or denies preliminary approval; later, the Court considers objections by class members and grants or denies final approval. (CRC, Rule 3.769.) Here, the Court granted preliminary approval on September 17, 2019...

Excerpt: ...nce is necessary to prevent prejudicing the party's interest in the litigation." Here, Plaintiff has provided evidence that she is over 70 years of age and that she has a substantial interest in the action as a whole. However, Plaintiff has made no showing, or even provided any argument or discussion that Plaintiff's "health . . . is such that a preference is necessary to prevent prejudicing [her] interest in the litigation." (CCP sec. 36(a).) Ac...

Excerpt: ...in the motion) alleges that within the last four years Defendant Trina D Harris ("Defendant") became indebted to Plaintiff on an open book account for money due, and Count 2 (referred to as the "2nd Cause of Action" in the motion) alleges that within the last four years Defendant became indebted to Plaintiff because an account was stated in writing between the parties in which it was agreed that Defendant was indebted to Plaintiff. (Complaint, pa...

Excerpt: ... sec. 576.) The policy favoring leave to amend is strong. (See Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 760-761.) Here, the main purpose of Plaintiffs' proposed amendment is to provide more detailed factual allegations, add new causes of action, and add Pacific Plaza Community Association and its property managers as defendants. Trial in this matter has not yet been scheduled. The motion is unopposed. (See A.N. v. County of Los Angeles (...

Excerpt: ...ction 25249.7, in that: (A) the standards required by the CJ complies with Health and Safety Code sections 25249.6 and 25249.10(c); (B) the warning required by the CJ is clear and reasonable in compliance with Health and Safety 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 $16,035.89 to be paid pursuant to the CJ is r...

Excerpt: ...tiff's motion cannot be granted for several reasons, both substantive and procedural. Initially, Plaintiff is not clear regarding the statutory basis for its motion. In its notice of motion, Plaintiff cites a discovery statute, but this is not a discovery motion. Plaintiff also cites Code of Civil Procedure section 128.5, but Plaintiff has not followed the predicate procedural steps necessary to bring such a motion. Plaintiff also string-cites ov...

Excerpt: ...n, but is unclear].) Further, to the extent Plaintiffs seek to add a tort cause of action for emotional distress to the complaint based on the same facts as their breach of contract cause of action, doing so is generally impermissible. (See Erlich v. Menezes (1999) 21 Cal. 4th 543, 551 ["[C]onduct amounting to a breach of contract becomes tortious only when it also violates a duty independent of the contract arising from principles of tort law."]...

Excerpt: ...ll parties and their counsel must regard the date set for trial as certain."]; CRC, Rule 3.1322(c) ["[C]ontinuances of trials are disfavored[.]"].) Among other things, the trial date in this action was set on October 2, 2018, and Ontrac has not demonstrated to the Court's satisfaction that it has been unable, or will be unable, despite diligent efforts, to complete essential discovery prior to the cutoff date or to prepare for trial. (See CRC, Ru...

Excerpt: ...rties to calculate interest at 10% per annum. The arbitrator's final award was confirmed by the Court on March 20, 2019. With this motion, the parties now seek to address the remaining issues of fees and costs, largely New Raja's fees and costs incurred after the final award was completed, in an effort to bring the case to a final judgment. Accordingly, New Raja's motion for an award of attorney fees and expenses is GRANTED IN PART as follows: AT...

Excerpt: ...dacted version of the final arbitration award is ORDERED filed. While it perhaps would have been in the interests of all involved for Defendant to have acted sooner, the Court nonetheless finds that, in submitting its proposed final arbitration award at the same time as its opposition to this motion, Defendant has acted in substantial compliance with this Court's Order of March 20, 2019. The Court's Order provided no specific timeline for Defenda...

Excerpt: ... of documents on the basis of "private property." (See Dec. K. Greene, para. 8, Ex. C.) However, Ms. Jiang's purported objection did not conform to the requirement s of section 1985.3 and is of no specific legal effect. Further, Ms. Jiang rebuffed Alvernaz's attempts to meet and confer regarding the issue. (See Dec. K. Greene, para. 10.) Substantively, the Court finds the right to privacy is not absolute, the documents sought by the subpoenas are...

Excerpt: ...h and Safety 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 $3,000.00 to be paid pursuant to the CJ is reasonable based on the criteria set forth in Health and 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 ...

Excerpt: ...o correct any defect has not been [previously] given."].) Plaintiff shall file an amended complaint no later than September 17, 2019. (See CRC, R. 3.1320(g).) "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.) "As ...

Excerpt: ...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.) "As a general rule in testing a pleading against a demurrer the facts alleged in the pleading are deemed to be true, however improbable they may be." (Del E. Webb Corp. v. Structural Materials Co. (1981) 12...

Excerpt: ...ode of Civil Procedure section 1032(a)(4) provides that, for the purposes of costs under the section, a prevailing party "includes the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant." The prevailing party for an award of costs under section 10...

Excerpt: ...e granted. (See CCP sec. 430.10(e); but see Angie M. v. Sup. Ct. (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."].) Plaintiff shall file an amended complaint no later than September 10, 2019. (See CRC, R. 3.1320(g).) "A demurrer tests the legal sufficiency of the factual allegations in a complaint." (Redfearn v. Trader Joe's Co. (2018)...

Excerpt: ...leges facts sufficient to state a cause of action or discloses a complete defense." (Id.) "As a general rule in testing a pleading against a demurrer the facts alleged in the pleading are deemed to be true, however improbable they may be." (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) Courts "give the complaint a reasonable interpretation, reading it as a whole and its parts in their context." (Goncharov v. Uber ...

Excerpt: ...].) Plaintiff shall file an amended complaint no later than September 5, 2019. (See CRC, R. 3.1320(g).) "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.) "As a general rule in testing a pleading against a demurrer...

Excerpt: ... to pursue a judgment against in this Court against Intellilum. (See In re Beeney (1992) 142 B.R. 360, 362-363.) As Intellilum has appeared in this action and had its previous default set aside, it is reasonable to believe Plaintiff might need to conduct some limited discovery to prepare evidence for trial, a motion for summary judgment, or some other procedural device to seek judgment against Intellilum. Accordingly, a request for discovery agai...

Excerpt: ...own, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2018) para. 8:1256, p. 8G-1.) As stated in Cembrook v. Superior Court, (1961) 56 Cal. 2d 423, and International Harvester Co. v. Superior Court, (1969) 273 Cal.App.2d 652, while "most of the discovery procedures are primarily to assist counsel to prepare for trial . . . [RFAs] are aimed primarily at setting at rest a triable issue so it will not have to be tried. " (Int'l Ha...

Excerpt: ...n order. Gebre proceeded to trial on November 14, 2018, separate from the remainder of the consolidated cases. On May 1, 2019, in Gebre, the Court issued a Statement of Decision after trial ruling in Defendants' favor. The Court finds that entering judgment now in Gebre would not create the possibility of conflicting judgments with the consolidated cases. The issues to be determined at trial in the consolidated cases pertain to factual and legal ...

Excerpt: ...dants Oakland Unified School District, Kyla Johnson-Trammell, and William Newby's demurrer and motion to strike. Plaintiffs are directed to file one amended complaint addressing the concerns of both this order and the order of July 2, 2019. Defendants are, in turn, requested to coordinate their responses to the anticipated amended complaint, and to make best efforts to have any further demurrers or motions to strike heard on the same day. STANDAR...

Excerpt: ...use of action for negligence. (See, e.g., FAC, paras. 2, 17, 29, 33 ["Safeway knew or should have known about a hazardous condition and did nothing to fix the problem"], 41, 49 (A, B).) Further, Defendant admits a cause of action for negligence is not beyond the pale in this matter. (See Def.'s Demurrer Memo., p. 1:24-25 ["This is essentially an action for negligence which apparently arises from a claim of slip and fall at the Safeway store locat...

Excerpt: ...compliance with Health & Safety 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 $7,701 to be paid pursuant to the CJ is reasonable based on the criteria set forth in Health and 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 f...