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: ...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: ...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...