Excerpt: ...spute lies within the scope of the agreement to arbitrate. (Omar v. Ralphs Grocery Co. (2004) 118 Cal.App.4th 955, 960; see 9 U.S.C. § 4 ["If the making of the arbitration agreement or the failure, neglect, or refusal to perform the same be in issue, the court shall proceed summarily to the trial thereof."].) If the party seeking arbitration makes a prima facie evidentiary showing of an agreement to arbitrate, "the trial court 'sits as a trier o...

Excerpt: ...rike certain allegations regarding prior proceedings against former parties to this lawsuit and allegations regarding the basis for venue in this county. Barker opposes both the demurrer and motion to strike. LEGAL STANDARDS The standard for construing a complaint on demurrer is long-settled: "We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We also ...

Excerpt: ...t of up to $16,666 (33%), costs of up to $3,000, a service award of $5,000 for the class representative, a net PAGA payment of $750, and settlement administration costs of up to $2,500. After these expenses of approximately $28,000, the class would get $22,000. The average payout per class members would be $850. The proposed class notice form and procedure are adequate. There were no objections and one opt out. The proposed class is appropriate f...

Excerpt: ...allowing amendments to pleadings after notice to adverse party].) This Court should be "liberal in allowing the amendment of pleadings at any stage of the proceedings where the amendment does not cause prejudice to the rights of other parties." (McGuan v. Endovascular Technologies, Inc. (2010) 182 Cal.App.4th 974, 987.) Leave to amend should be granted unless there is "unwarranted delay" in seeking amendment or "prejudice to the adverse party." (...

Excerpt: ... comply. While many services offered by Big O vary across franchises, the free inspection is invariable. On information and belief, each of the 22 points is likewise invariable across franchises." (par. 11.) On the other hand, the proposed complaint also alleges that "The multipoint inspection required by TBC can be more than 22 points." (par. 13.) A motion to reconsider a demurrer without leave to amend may be made if a proposed amended complain...

Excerpt: ...e during proceedings, including during trial, as long as the amendment is "in the furtherance of justice, and upon such terms as may be proper." (Code of Civil Procedure ["CCP"] § 576; see also CCP § 473(a)(1) [allowing amendments to pleadings after notice to adverse party].) This Court should be "liberal in allowing the amendment of pleadings at any stage of the proceedings where the amendment does not cause prejudice to the rights of other pa...

Excerpt: ...ode, §§ 2698 et seq.) Lainez opposes both the demurrer and the motion to strike. DEMURRER - LEGAL STANDARDS The standard for construing a complaint on demurrer is long-settled: "We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We also consider matters which may be judicially noticed. [Citation.] Further, we give the complaint a reasonable interpret...

Excerpt: ...("SAC") alleges wage and hour violations on behalf of herself and a parent class of "all individuals who are or were employed by Defendant as non-exempt employees in California during the Class Period" of February 5, 2017, to present, as well as a subclass of all non-exempt employees who were not subject to a collective bargaining agreement ("CBA") with Defendant during the Class Period ("Non-Union Subclass"). (SAC, ¶ 2-3.) The class action clai...

Excerpt: ...ther, despite their allegations, trial is in fact necessary to resolve their dispute." (Miller v. Fortune Commercial Corporation (2017) 15 Cal.App.5th 214, 220, citing Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 843.) Summary judgment is proper only when "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 of Civil Procedure ["CCP"] § 437c(c).) When a defe...

Excerpt: ...ood faith has the effect of discharging the settling defendants' obligations to any remaining defendants in contribution or equitable indemnity. (See CCP § 877.6(a), (c).) The burden of proof lies with the party asserting that the settlement is not in good faith. (CCP § 877.6(d).) A settlement is in "good faith" if it is within the "reasonable range"-that is, "within the ballpark"-of the settling tortfeasor's share of liability for the plaintif...

Excerpt: ...emedies Act (CLRA) (Civ. Code, § 1750 et seq.). In particular, Plaintiff's Third Amended Complaint ("TAC") alleges that the label for Rite Aid's "Infants' Fever Reducer & Pain Reliever" ("Infants' Product") is designed to create a false impression that the higher-priced Infants' Product is specially formulated for infants and pharmacologically distinct from Rite Aid's "Children's Fever Reducer & Pain Reliever" ("Children's Product"), when in fac...

Excerpt: ...or Court Case No. RG17862495, by failing to install suitable seats at the front-end cash registers of its California stores. The FAC also alleges that Defendants' breaches of the Smiles agreement constitute subsequent violations of Wage Order 7-2001 § 14. Previously, Defendant filed a writ petition arguing that the Court abused its discretion by denying Defendant's peremptory challenge under Code of Civil Procedure section 170.6. Plaintiffs asse...

Excerpt: ...aw. [Citation.] We also consider matters which may be judicially noticed. [Citation.] Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context. [Citation.]" (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) "Liberality in permitting amendment is the rule, if a fair opportunity to correct any defect has not been given." (Angie M. v. Superior Court (1995) 37 Cal.App.4th 1217, 1227.) For the Court t...

Excerpt: ...performed on Plaintiff's vehicle. Defendants earlier demurrer was granted with leave to amend. Plaintiff's Second Amended Complaint is challenged by both defendants again. First Amended Complaint The First Amended Complaint ("FAC") alleged the following facts: On August 23, 2018, Plaintiff took his vehicle to MEI's Big O Tires service station to "get a flat tire on his car fixed." (FAC ¶ 15.) Although Plaintiff never asked for or consented to an...

Excerpt: ...7c(a)(1).) "A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages . ...

Excerpt: ...parties submitted a revised settlement agreement and class notice on April 14, 2021. The parties also filed a declaration regarding S&F's financial condition conditionally under seal and also now move to seal that record on grounds of financial privacy. CHANGES TO MOTION FOR PRELIMINARY APPROVAL The Court's concerns regarding participation by absent class members at the final approval hearing have been addressed by the notice and agreement's prov...

Excerpt: ... deadline is currently set for July 30, 2021. The trial is set to begin in January 2022. Plaintiff now moves for leave to file a Third Amended Complaint to add US eDirect, Inc. ("US eDirect") as a defendant. US eDirect was a subcontractor to Defendants as part of Defendants' larger contract with the California Department of Parks and Recreation ("DPR"). The principal role of US eDirect was to develop ReserveCalifornia.com and testing the website ...

Excerpt: ...dmitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We also consider matters which may be judicially noticed. [Citation.] Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context. [Citation.]" (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The court notes that both sides cite federal pleadings cases. Such cases apply federal ...

Excerpt: ... clause is void and unenforceable. SICHI opposes. The motion is DENIED. LEGAL STANDARDS The purpose of summary adjudication procedures is to allow this Court to "cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute." (Miller v. Fortune Commercial Corporation (2017) 15 Cal.App.5th 214, 220, citing Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 84...

Excerpt: ...gateway" questions: (1) whether the parties had agreed to arbitrate disputes, per the usual rules of contract law, and (2) whether the parties' current dispute lies within the scope of the agreement to arbitrate. (Omar v. Ralphs Grocery Co. (2004) 118 Cal.App.4th 955, 960; see 9 U.S.C. § 4 ["If the making of the arbitration agreement or the failure, neglect, or refusal to perform the same be in issue, the court shall proceed summarily to the tri...

Excerpt: ...s or conclusions of fact or law. [Citation.] We also consider matters which may be judicially noticed. [Citation.] Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context. [Citation.]" (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) "Liberality in permitting amendment is the rule, if a fair opportunity to correct any defect has not been given." (Angie M. v. Superior Court (1995) 37 Cal.App.4th...

Excerpt: ...sumes that claims based on denial of meal and rest breaks, and perhaps for denial of overtime or off the clock compensation, and derivative wage statement claims are encompassed by the motion. As I explain below, however, there are sizeable gaps between these presumed claims and the evidentiary support for class certification. At best, plaintiff offers admissible evidence that he himself may have been subject to wage and hour violations, but fail...

Excerpt: ...n Co. filed motions to contest that determination. LEGAL STANDARDS Under Code of Civil Procedure section 877.6, a Court's finding that a settlement between a claimant and one or more joint tortfeasors or co-obligors was entered in good faith has the effect of discharging the settling defendants' obligations to any remaining defendants in contribution or equitable indemnity. (See Code Civ. Proc. § 877.6(a), (c).) The burden of proof lies with the...

Excerpt: ...-settled: "We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We also consider matters which may be judicially noticed. [Citation.] Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context. [Citation.]" (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) "Liberality in permitting amendment is the rule, i...

Excerpt: ...claration from the general counsel of National Concessions Group, Inc. averring to the fact that Open Vape is a trademark it licenses to third parties, not an independent corporate entity. It therefore argues that it cannot be found liable under Proposition 65. A motion for judgment "performs the same function as a general demurrer[] and hence attacks only defects disclosed on the face of the pleadings or by matters that can be judicially noticed...

Excerpt: ... subject to Labor Code section 2783(d)(1), which applies the test enunciated in S.G. Borello & Sons (1989) 48 Cal.3d 341 for determining employee status. That section was part of an overhaul of wage and hour statutes following the Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903 decision, which applied a less restrictive test to determining employee status. Section 2783 applies the less restrictive Dynamex test to many occupat...

Excerpt: ...gs at any time during proceedings, including during trial, as long as the amendment is "in the furtherance of justice, and upon such terms as may be proper." (Code of Civ. Proc. § 576; see also Code of Civ. Proc. § 473(a)(1) [allowing amendments to pleadings after notice to adverse party].) This Court should be "liberal in allowing the amendment of pleadings at any stage of the proceedings where the amendment does not cause prejudice to the rig...

Excerpt: ...law. [Citation.] We also consider matters which may be judicially noticed. [Citation.] Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context. [Citation.]" (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) "Liberality in permitting amendment is the rule, if a fair opportunity to correct any defect has not been given." (Angie M. v. Superior Court (1995) 37 Cal.App.4th 1217, 1227.) For the Court ...

Excerpt: ...eeport Water Authority, the City of Sacramento, the City of Roseville, and the City of Rio Vista. Plaintiffs simultaneously move for summary judgment on many of the affirmative defenses jointly asserted by each of the Individual Defendants and Defendant Balfour Beatty Infrastructure, Inc. ("BBII"). These motions present many arguments and legal issues already discussed and resolved in the Court's Order of November 2, 2020, resolving an earlier se...

Excerpt: ...'s Order of November 2, 2020, which granted summary adjudication to Plaintiffs, reveals a new reason for intervention. As part of that Order, the Court construed California Code of Regulations, Title 8, Section 230.1, as it was in effect before 2009. The Court concluded, based on the plain language of that provision, that a public contractor could only take advantage of that section's safe-harbor provision if it requested sufficient apprentices i...

Excerpt: ...r waive their right to appear at the final approval hearing. The Court will not order that absent class members, most of whom may be unrepresented by counsel, waive their rights to appear by failing to properly file and serve a detailed written statement. The settlement agreement and proposed notice to class members should reflect that a failure to submit a written objection does not waive a class member's right to orally object at the final appr...

Excerpt: ...January 15, 2021 but has not answered the Complaint or otherwise appeared in this litigation. The Court will not approve a settlement when its personal jurisdiction over a settling defendant is not clearly established. Jurisdiction is fundamental to the Court's ability to make factual findings that a proposed class settlement is fair, reasonable, or adequate. The Court will therefore await Jointek's joinder to the case before making those finding...

Excerpt: ...ms will be dismissed without prejudice. The Court's task is to evaluate the proposed settlement under PAGA. PAGA actions are similar to qui tam proceedings in that plaintiffs seek civil penalties that would otherwise be recoverable by the LWDA. (Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 382.) Plaintiff cannot bring "individual" claims under PAGA; they may only bring the action on behalf of themselves and all other agg...

Excerpt: ...ons are the basis for this action, in which Black seeks civil penalties on behalf of the State under the Labor Code Private Attorneys General Act of 2004 ("PAGA") (Lab. Code §§ 2698 et seq.). Plaintiff sought a preliminary injunction from this Court to enjoin the proceedings in arbitration. On July 7, 2020, before that motion came for hearing, Defendants voluntarily dismissed their arbitration demand without prejudice. After the dismissal, Blac...

Excerpt: ... should only recover its costs from Defendant pro rata according to its share of fault or its proportion of Plaintiffs' total recovery, the motion is also denied. Plaintiffs asserted and proved liability against defendants as joint and several tortfeasors and Plaintiffs' investigation of all potential sources of exposure was reasonably necessary to investigate and rebut Metalclad's defense of comparative fault. Plaintiffs' opposition to other par...

Excerpt: ...class certification. The Court denied class treatment because the Plaintiffs' motion argued that the Court should certify a class to litigate issues in support of a theory of liability that it had already held deficient on demurrer. The Court's order was without prejudice to a later motion "to certify issues that would support a finding of liability under the operative complaint." On November 13, 2020, Plaintiffs filed a notice of appeal seeking ...

Excerpt: ...ved by the violative employment policies. AHS argues, in demurrer, that Plaintiff may not recover civil penalties from it because, as a public agency, it is not a "person" subject to suit under PAGA. AHS also argues that it is subject to the underlying Labor Code provisions Plaintiff seeks to enforce for the second through eighth causes of action. Plaintiff opposes in part. In her opposition, Plaintiff stated that she "voluntarily dismisses witho...

Excerpt: ..., trial is in fact necessary to resolve their dispute." (Miller v. Fortune Commercial Corporation (2017) 15 Cal.App.5th 214, 220, citing Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 843.) Summary judgment is proper only when "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 of Civil Procedure ["CCP"] § 437c(c).) When a defendant moves for summary judgmen...

Excerpt: ... contending in this action that increases in student enrollment-above the amount studied for environmental impacts in 2005 to support the adoption of UC's 2020 Long-Range Development Plan-are not a part of the project at issue in this action under the California Environmental Quality Act. This Court can allow amendments to the pleadings at any time during proceedings, including during trial, as long as the amendment is "in the furtherance of just...

Excerpt: ... from sharing them with anyone except the recipient parties' counsel, their retained or consulting experts, persons who created or authored the materials, the Court, Court staff, and court reporters. Although the Defendants' proposed order includes "the parties in this Action" as a class of persons who would be permitted to review Highly Confidential materials. (See Defs.' Proposed Order Ex. 1 at p.11, ¶ 8.e.) The Court understands this to be a ...

Excerpt: ...roduction and Interrogatories. While defense counsel claims he never received these requests, plaintiff's proposed Case Management Statement, emailed to defendant on February 9, 2020, noted the requests and defendant's failure to respond. Ex. 2 to Burton decs. This Statement was filed by plaintiff on February 11, 2020. Plaintiff followed up on this with a meet and confer letter regarding the discovery on February 24, 2020 (Ex.3 to Burton decs.), ...

Excerpt: ...roduction and Interrogatories. While defense counsel claims he never received these requests, plaintiff's proposed Case Management Statement, emailed to defendant on February 9, 2020, noted the requests and defendant's failure to respond. Ex. 2 to Burton decs. This Statement was filed by plaintiff on February 11, 2020. Plaintiff followed up on this with a meet and confer letter regarding the discovery on February 24, 2020 (Ex.3 to Burton decs.), ...

Excerpt: ...acinone, like many other pesticides, may cause toxic effects on non-target species, including in target species' natural predators. RATS argues that DPR violated the California Environmental Quality Act ("CEQA") by appropriately studying the environmental effects of its decision. DPR opposes. Registrant Interest Scimetrics Ltd. Corp., Wilco Distributors, Inc., and Ensystex II, Inc. also oppose as real parties in interest. Intervenors Croplife Ame...

Excerpt: ...demurrer is OVERRULED. The motion to strike is GRANTED WITH LEAVE TO AMEND. LEGAL STANDARDS The standard for construing a complaint on demurrer is long-settled: "We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We also consider matters which may be judicially noticed. [Citation.] Further, we give the complaint a reasonable interpretation, reading it ...

Excerpt: ... class action and PAGA case was initially filed on November 29, 2018, asserting claims that are alleged to reach back to November 2014 under an applicable statute of limitations. The original plaintiff apparently lost interest in the case, so a Second Amended Complaint (SAC) was filed adding a new plaintiff (Gilmore), who, while asserting the same claims, ceased employment with defendant in 2016. (SAC paragraph 41). The original plaintiff filed a...

Excerpt: ...ttached as Exhibit A to the Declaration of Tijana M. Brien filed August 25, 2020 and also attached as Exhibit U to the Declaration of Tijana M. Brien filed July 22, 2020 (hereafter "Exhibit A/U"). The Court finds that Exhibit M contains a list of investors in Adamas, which constitutes confidential financial information protected by both Adamas' and the investors' rights of privacy, which are overriding interests that support restricting public ac...

Excerpt: ...s 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 meritorious, would "affect (a) title to, or the right to possession of, ...

Excerpt: ...ns, at any time during proceedings, including during trial, as long as the amendment is "in the furtherance of justice." (Code of Civil Procedure ["CCP"] § 576; see also CCP § 473(a)(1) [allowing amendments to pleadings after notice to adverse party].) This Court should be "liberal in allowing the amendment of pleadings at any stage of the proceedings where the amendment does not cause prejudice to the rights of other parties." (McGuan v. Endov...

Excerpt: ...rd King, and Mardi C. Dier) filed papers in opposition, which the three Underwriter Defendants (Merrill Lynch,Pierce, Fenner & Smith Inc., Leerink Partners LLC, and Evercore Group L.L.C.) request to join. The request for joinder is GRANTED as unopposed, and for reasons discussed further below, the motion is GRANTED. LEGAL STANDARDS Class certification in California state courts is governed by Code of Civil Procedure ("CCP") Section 382. A Court h...

Excerpt: ...Complaints on identical grounds. It argues that both Plaintiffs lack standing, either personal or associational, to assert claims under the Unfair Competition Law ("UCL") (Bus. & Prof. Code §§ 17200, et seq.). It argues that the Court should abstain from adjudicating this case under the doctrine of primary jurisdiction. It also argues that the relief requested by Plaintiffs is improper under the UCL. For the reasons discussed below, the demurre...

Excerpt: ...Complaints on identical grounds. It argues that both Plaintiffs lack standing, either personal or associational, to assert claims under the Unfair Competition Law ("UCL") (Bus. & Prof. Code §§ 17200, et seq.). It argues that the Court should abstain from adjudicating this case under the doctrine of primary jurisdiction. It also argues that the relief requested by Plaintiffs is improper under the UCL. For the reasons discussed below, the demurre...

Excerpt: ...o (the "UC Defendants") also move to strike language from the FAC seeking injunctive relief and an award of attorney's fees. Martin opposes both demurrers and the motion to strike. For the reasons discussed below, USA Cheer's demurrer is SUSTAINED WITHOUT LEAVE TO AMEND and USA Cheer is DISMISSED. UC Defendants' demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the FAC's second and fourth counts and otherwise OVERRULED. UC Defendants' motion to ...

Excerpt: ... the trade name Cordarone, which allegedly has a high risk of serious side effects including pulmonary fibrosis, loss of vision, thyroid cancer, and death. (See 4AMAC ¶¶ 61, 63, 89.) It is approved by the United States Food and Drug Administration ("FDA") as a treatment of last resort for recurrent life-threatening ventricular fibrillation and ventricular tachycardia that do not respond to other treatments. Plaintiffs allege that they were harm...

Excerpt: ...ds a cause of action to recover civil penalties under the Labor Code Private Attorneys General Act of 2004 ("PAGA") (Lab. Code §§ 2698 et seq.), which NYSEB does not seek to compel to arbitration but instead seeks to stay. The motion is GRANTED IN PART. The request for a stay of proceedings is DENIED. LEGAL STANDARDS The Federal Arbitration Act ("FAA") (9 U.S.C. §§ 1 et seq.) embodies a "liberal federal policy favoring arbitration agreements,...

Excerpt: ...Code §§ 2698 et seq.). CAA offers evidence that another substantially identical case was commenced in Los Angeles County Superior Court ten months before this action: Stuart v. Coast Aluminum & Architectural, Inc. (L.A. Cty. Super. Ct. Case No. 19STCV16308). It seeks to abate or stay proceedings in this action in deference to Stuart. Plaintiff opposes. For the reasons discussed below, the motion is DENIED. LEGAL STANDARDS A defendant may demur ...

Excerpt: ...probably because they are not worth the cost when the same result can be achieved by serving requests for admission or standard form interrogatories seeking the bases for the affirmative defenses." (Weil & Brown, Cal. Prac. Guide Civ. Pro. Before Trial (The Rutter Grp. 2018) Ch. 7(I)-A, ¶ 7:35.1.) Perhaps as a result, there is also a shortage of modern authority on the standard against which to judge the sufficiency of an answer's allegations. N...

Excerpt: ...is accordingly GRANTED IN PART. As a preliminary matter, Goedde's report is signed under penalty of perjury of the laws of the United States, not the State of California. (Decl. of R.A. Marron, Ex. 4 [Goedde Report] at p.11; Code of Civ. Proc. ["CCP"] § 2015.5.) Because it was executed at Los Angeles, however, the Court finds this sufficient. (See CCP § 2015.5 [allowing declaration "under penalty of perjury" without specifying California law wh...

Excerpt: ...he Superior Court of California, Alameda County for a coordination hearing. The Court received the order and commenced this proceeding July 1, 2020. Defendant West Coast Convenience, LLC opposes the petition. Using powers delegated to him as the Supervising Judge of Complex, Judge Seligman assigned himself to serve as coordination motion judge on July 1, 2020. Having considered all papers filed in support of the petition to coordinate, the Court ...

Excerpt: ...ract based on the C&R and a common count relying on the same allegation, common count #1 [false impersonation under California Penal Code section 529], common count #2 [California Civil Code section 1668 - Title 4 Unlawful Contracts], common count #3 [California Civil Code section 3294(a)], and common count #4 [Violation of Section 111 of the Medicare, Medicaid and SCHIP Extension Act of 2007 (MMSEA)]. Defendants demur to the SAC on grounds that ...

Excerpt: ...d demurrers to the petitioner's class allegations. (See Order of Dec. 11, 2019; Order of March 17, 2020.) In sustaining UC's demurrer to the class allegations in the Second Amended Petition, the Court granted leave to file the TAP to address shortcomings with commonality and predominance problems in the prior petition's class allegations. As discussed below, petitioner has not remedied these defects, and the Court infers that further leave to ame...

Excerpt: ...oviding the written notices and documents required by the Ordinance and by failing to pay required annual interest on security deposits. In addition, they allege defendants breached the tenants' rental contracts by unlawfully raising rents in violation of a HUD Use Agreement, collected unlawful liquidated damages from excessive late fees, acted negligently, committed conversion of the tenants' personal property and engaged in unlawful business pr...

Excerpt: ...ligent hiring, training, supervision, or retention of its employees, resulting in the deadly electrical fire and thereby the Plaintiffs' injuries. PG&E argues that the facts alleged in the 4AMC are insufficient to state a cause of action. (Code of Civ. Proc. ["CCP"] § 430.10(e).) Plaintiffs oppose. For the reasons discussed below, the motion is GRANTED WITH LEAVE TO AMEND. LEGAL STANDARD A motion for judgment "performs the same function as a gen...

Excerpt: ...laintiffs in this action on January 10, 2020. The TAMAC was filed after the Court sustained the defendants' prior demurrer with leave to amend on November 14, 2019. Defendants jointly demur to the entire TAMAC and each of its causes of action. Defendants also jointly move to strike the TAMAC's allegations regarding exemplary damages. Plaintiffs oppose both the demurrer and motion to strike. For the reasons discussed below, the demurrer is SUSTAIN...

Excerpt: ...o the complaint ("CUSD Complaint") filed December 10, 2019 by Plaintiffs Compton Unified School District and Micah Ali in case number RG19046343, which is consolidated with this action for pretrial proceedings. (See Order of Feb. 7, 2020.) For the reasons discussed below, the demurrer is SUSTAINED WITH LEAVE TO AMEND as to the causes of action asserted by Plaintiffs Smith, Steven C., Ali, Chinese for Affirmative Action, College Access Plan, Colle...

Excerpt: ...pite requests during the meet and confer process on other motions, responses did not appear to Pena to be forthcoming, and he requested an informal discovery conference ("IDC") before the Court. The Court held an IDC on January 30, 2020. At the close of the IDC, the Court warned the parties that it would issue an order. On February 10, 2020, the Court ordered that KPS must serve discovery responses no later than February 20, 2020. (See Order of F...

Excerpt: ...04 ("PAGA") (Lab. Code §§ 2698 et seq.). KPS also separately moves to strike each of the individual allegations of Labor Code violations from the same cause of action. Pena opposes these motions. For the reasons discussed below, the demurrer is OVERRULED. The motion to strike is GRANTED IN PART WITHOUT LEAVE TO AMEND and otherwise DENIED. LEGAL STANDARDS The standard for construing a complaint on demurrer is long-settled: "We treat the demurrer...

Excerpt: ...does not allege a cause of action because their conduct was not "directed at" the plaintiffs. All plaintiffs except Samuel Maxwell oppose the motion directed to their claims. Maxwell does not oppose. For the reasons discussed below, the motions as to Samuel Maxwell is GRANTED WITHOUT LEAVE TO AMEND, the motion as to Aaron Marin is GRANTED WITH LEAVE TO AMEND, and the remaining motions are DENIED. LEGAL STANDARDS A motion for judgment under Code o...

Excerpt: ...murrer and the motion. For the reasons discussed below, the demurrer is OVERRULED, and the motion to strike is GRANTED IN PART WITHOUT LEAVE TO AMEND and otherwise DENIED. LEGAL STANDARDS The standard for construing a complaint on demurrer is long-settled: "We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We also consider matters which may be judicia...

Excerpt: ...of C.M. Ferrannini, Ex. A to Ex. A, at ¶ 4.b; id. Ex. B to Ex. A.) PBGC has initiated an arbitration proceeding seeking declaratory relief regarding whether it violated Black's substantive rights under the Labor Code. PBGC asks the Court to stay proceedings in this action so that the arbitrator may decide these questions in the first instance. The only cause of action alleged in the operative complaint in this action seeks civil penalties under ...

Excerpt: ...ocess. The SAP also alleges that Doe seeks to represent a class of "all University of California students found responsible for Sexual Harassment, Sexual Violence, Abuse, Domestic Violence, Dating Violence, Sexual Assault, Stalking, and/or Other Prohibited Conduct under the [SVSHP and related policies] . . . from August 2, 2015 through July 31, 2019." UC demurs to the SAP on the grounds that it fails to allege a community of interest sufficient t...

Excerpt: ... 2018 (the "Protective Order"). Defendant now seeks an order from the Court: (1) affirming that Defendant properly designated the names of its third-party suppliers, vendors, and/or manufacturers, which are trade secrets, as confidential under the Protective Order; (2) limiting the use of trade secret information to the resolution of Plaintiff's claims against Defendant in this matter; and (3) confirming that Plaintiff may only use/disseminate th...

Excerpt: ...e medical restrictions. As defendants, the Complaint names Martin's coaches, Lisa Keys and Jessica Chatto, The Regents of the University of California ("UC"), and the USA Federation for Sport Cheering ("USA Cheer"). USA Cheer has moved to quash Martin's service of summons, arguing that this court lacks personal jurisdiction. USA Cheer also demurs to the Complaint and each of its causes of action on grounds that it is uncertain and fails to state ...

Excerpt: ...2020, the Judicial Council referred this petition to the Superior Court of California, Alameda County for a coordination hearing. The Court received the order and commenced this proceeding January 23, 2020. Plaintiffs Aimee Baca, Tracey Baldridge, James Barry, Tolga Bayik, John Borba, Toniarika Bridges, Carin Elliott, Ruben Gouveia, Aujihnae Harris, Charles Heinbockel, Brad Johnson, Marco Lindsey, David Lopez, Melissa Margolis, Gretchen Miles, Ke...

Excerpt: ...Plaintiffs for their reasonable expenses for purchasing a required uniforms. Plaintiffs have offered evidence that plaintiffs in two other cases have asserted a right to recover civil penalties on a similar theory. Defendant opposes, arguing that the first of those cases (Berry v. Ross) is pending before this department and has already settled on an individual basis. Defendant argues that the other case (Dennis v. Ross Stores, Inc.) is pending in...

Excerpt: ...reditors oppose this motion but concede that they will not inquire into any communications between Adams and either J&H or National Fire. Adams moves to join the motion. Because her motion seeks the same relief based on the same facts and law, her request for joinder is GRANTED. Depositions of opposing counsel are presumptively improper and require a showing of "extremely good cause." (Carehouse Convalescent Hosp. v. Superior Court (2007) 143 Cal...

Excerpt: ...ion began as an auto-accident personal injury case in Sacramento County Superior Court on November 13, 2018. On December 13, 2018, the plaintiff amended her complaint and named the Judicial Council as a defendant, asserting a right to declaratory relief regarding the validity of the nonrefundable jury demand fee set by CCP section 631, subdivision (b). Relief in this case also turns on the validity of that enactment. On May 16, 2019, the Dayoun p...

Excerpt: ...es ("ACC") requests to join in Respondents' demurrer. Neither Respondents nor the City has opposed ACC's request to join in the demurrer. For the reasons discussed below, ACC's request for joinder is GRANTED. The joint demurrer is SUSTAINED IN PART WITHOUT LEAVE TO AMEND as to the PC's second cause of action and OVERRULED as to its third cause of action. JOINDER Although a joinder to another party's motion is not provided for in the Code of Civil...

Excerpt: ...an Campus Communities, American Campus Communities Services, Inc., and American Campus Communities Operating Partnership, L.P. (together, "ACC"). CHF and ACC also demur on similar grounds. SBN opposes all demurrers. For the reasons discussed below, Respondents' demurrer is OVERRULED. CHF and ACC's demurrers are SUSTAINED WITHOUT LEAVE TO AMEND. ELECTRONIC AND PERSONAL SERVICE CHF attempted to serve its moving papers by e mail and U.S. Mail. (See ...

Excerpt: ...umed to be open. (Cal. R. Ct. 2.550(c).) The Court may order records sealed only if it finds "(1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist t...

Excerpt: ...anting trial preference "if necessary." Defendant Westamerica Bank opposes. The motion is GRANTED IN PART. The Court determines that the deadline is September 10, 2020. The parties are ordered to APPEAR, after meeting and conferring regarding the trial date for the Reddish action. PROCEDURAL MATTERS - SERVICE Plaintiffs attempted to serve their motion papers by personal service. (See Proof of Service (filed December 20, 2019).) The filed proof at...

Excerpt: ...14, 2017. The plaintiff in the Dreambuilders Action is owned by Plaintiff Sophie Han, a defendant in the Kim action. No party in the Kim Action has filed papers opposing this motion. Plaintiff Pelorus Equity Group, Inc. opposes the motion. Pelorus argues that its original complaint in this action alleged only that BuildZig submitted draw requests on a loan for work that was not done, and to which BuildZig was not entitled, on a project that ended...

Excerpt: ...thly and keep accurate central payroll records, to recover any penalties at all under the Unfair Competition Law ("UCL") (Bus. & Prof. Code §§ 17200 et seq.), and to recover penalties on behalf of the Labor Workforce Development Agency ("LWDA") under the Labor Code Private Attorneys General Act of 2004 ("PAGA") (Lab. Code §§ 2698 et seq.) Lancieri opposes both the demurrer and motion to strike. For the reasons discussed below, Performant's de...

Excerpt: ...has not made any of these payments. Since the judgment was entered, H5 was forced to sell two of its three restaurants, and the proceeds were used to pay more senior claimants. The class representatives now move for an Order approving a compromise of the previously approved and entered judgment. Under the terms of the compromise, H5 would only be liable for a single payment of $250,000, which it has already transmitted to the settlement administr...

Excerpt: ...nstitutionality of this statute. See Templo v. State (2018) 24 Cal.App. 5th 730, 736-737. Plaintiff seeks to amend the complaint to allege exhaustion of administrative remedies (amendments not challenged by defendant), and to allege a writ of mandate claim. Defendant opposes the writ claim on the ground of futility. In defendant's view, a writ cannot be alleged because the defendant must enforce a statute and cannot, under section 3.5 of Article ...

Excerpt: ...s that these attorneys violated the May 17, 2017 Stipulated Protective Order (the "Protective Order"), and Code of Civil Procedure sections 177 and 2023.010, et seq. (CCP § 177 ["Every judicial officer shall have power . . . [t]o compel obedience to his lawful orders[.]"]; CCP § 2023.010 [misuse of the discovery process is conduct subject to sanctions].) Specifically, Cordis asserts that these attorneys have used and relied upon documents produ...

Excerpt: ...h action or proceeding, stay the action or proceeding until an arbitration is had in accordance with the order to arbitrate[.]") STANDARD OF LAW "On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreem...

Excerpt: ..., 2019. Trial is currently set for November 12, 2019. The court may grant leave to a party who has engaged in a timely exchange of expert witness information to "do either or both of the following: (1) Augment that party's expert witness list and declaration by adding the name and address of any expert witness whom that party has subsequently retained. (2) Amend that party's expert witness declaration with respect to the general substance of the ...

Excerpt: ...r's predecessors. The Court determines that Parker has not met its initial burden under Code of Civil Procedure § 437c(p)(2) of demonstrating that one or more elements of Plaintiffs' claims against Parker cannot be established. To the extent that Parker relies on Plaintiffs' responses to Parker's Special Interrogatories, the Court determines that that those responses are not so factually devoid as to demonstrate that Plaintiffs do not have, and ...

Excerpt: ...e are not described. 2. There is insufficient information to evaluate whether there were substantial common questions for class certification. The alleged non-compliant policies are not described (see above) nor is the manner of defendant's allegedly illegal conduct described. 3. The class release appears to be extremely broad, releasing claims that go beyond those alleged in this case. While the named plaintiff may freely release her own claims,...

Excerpt: ..., Inc., et al., Alameda County Superior Court, Case No. RG16843879 STANDARD OF LAW "[T]he power of a court to stay proceedings . . . was inherent at common law and is now vested in the superior courts of this state." (Bailey v. Fosca Oil Co. (1963) 216 Cal. App. 2d 813, 817.) "The case management tools available to trial courts, including the inherent authority to stay an action when appropriate . . . can overcome problems of simultaneous litigat...

Excerpt: ...te of the Complaint. MOTION TO COMPEL "[A] propounding party may move for an order compelling a further response [to interrogatories] if the propounding party deems that . . . [a]n answer to a particular interrogatory is evasive or incomplete . . . [and/or] [a]n objection to an interrogatory is without merit or too general." (CCP § 2030.300(a).) Plaintiff asserts that Defendant's response to Special Interrogatories Nos. 1 and 2- which seek the c...

Excerpt: ...LAW "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.) The Court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of w...

Excerpt: ...iel Covarrubias, Jeffrey Ellis, Frankie Flores, Marte Formico, David Gamble, Naji Garabet, Gregory Haupt, David Pinheiro, Kevin Scully, and Lisa Vermette's (collectively, "District Manager Defendants") Demurrer is SUSTAINED WITH LEAVE TO AMEND. IT IS ORDERED THAT Plaintiff shall file an amended complaint no later than August 27, 2019. Defendant Guadalupe Diaz's Request for Joinder in Farmers Defendants' Demurrer is GRANTED. District Manager Defen...

Excerpt: ...come the presumption that the plaintiff has selected the proper venue." (Fontaine v. Superior Court (2009) 175 Cal.App.4th 830, 836.) It is Defendant's "burden to demonstrate that the plaintiff's venue selection is not proper under any of the statutory grounds." (Id.) "In opposing the motion to change venue, '[t]he plaintiff may bolster his or her choice of venue with counter affidavits consistent with the complaint's theory of the type of action...

Excerpt: ...ty is such that a preference is necessary to prevent prejudicing the party's interest in the litigation." The standard of proof on a 36(a) motion is preponderance of the evidence. Fox v. Superior Court, (2018) 21 Cal.App.5th 529, 534. CCP § 36.5 further clarifies that, "an affidavit submitted in support of a motion for preference under subdivision (a) of Section 36 may be signed by the attorney for the party seeking preference based upon informa...

Excerpt: ...party's interest in the litigation." The standard of proof on a 36(a) motion is preponderance of the evidence. Fox v. Superior Court, (2018) 21 Cal.App.5th 529, 534. CCP § 36.5 further clarifies that, "an affidavit submitted in support of a motion for preference under subdivision (a) of Section 36 may be signed by the attorney for the party seeking preference based upon information and belief as to the medical diagnosis and prognosis of any part...

Excerpt: ...erriding interest supports sealing the record; (3) [a] substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) [t]he proposed sealing is narrowly tailored; and (5) [n]o less restrictive means exist to achieve the overriding interest." (Cal. Rules of Court, Rule 2.550(d).) MOTION TO SEAL Records may be sealed when there are sufficient overriding interests to overcome the right of public acces...

Excerpt: ...intiff does not dispute defendant's claim that the court action should be stayed pending arbitration. STANDARD OF LAW "On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses 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 contro...

Excerpt: ...because of the general principle that a party who seeks a court's action in his favor bears the burden of persuasion thereon." (Id.) Further, "the party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact; if he carries his burden of production, he causes a shift, and the opposing party is then subjected to a burden of production of his own to ma...

Excerpt: ...cts and dangerous conditions at the Property. Amcal Defendants seek to strike the portions of the Fifth Amended Complaint ("FAC") that allege punitive damages and references to the written residential agreements and contractual attorney's fee allegations should their accompanying Demurrer be granted. The Court shall address the punitive damages issue in this ruling, and shall address the other allegations in the ruling on the Demurrer. The Court ...