Excerpt: ...ers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through trial, the amount offered in settlement, the extent of discovery comp...

Excerpt: ... natural elevation by 20 feet, upon which a two-story home was built which "towers above the plaintiff's homes, blocking his view of the mountains, and utterly destroying his privacy, and his ability to enjoy his home, or his backyard." (Compl. 910.) Plaintiff's complaint includes two causes of action against Defendants: (1) private nuisance; and (2) IIED "or" NIED. Now at issue is Defendant Woodside's general demurrer to both causes of action. P...

Excerpt: ...sonable number of attempts. Ford also allegedly failed to repurchase the vehicle or make restitution. As a result, Rubio commenced suit against Ford on December 23, 2022, for breach of express warranties under the Song-Beverly Consumer Warranty Act (the Act) and violation of section 1793.2 of the Act, which requires the repairs to be commenced and completed within, respectively, a reasonable time and 30 days. (See Compl. at 15-39.) Also named as ...

Excerpt: ...2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through trial, the amount offered in settlement, the extent of discovery completed and the sta...

Excerpt: ...(2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through trial, the amount offered in settlement, the extent of discovery completed and the st...

Excerpt: ...os Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through trial, the amount offered in settlement, the extent of discovery completed...

Excerpt: ...ited Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the riskof maintaining class action status through trial, the amount offered in settlement, the extent of disc...

Excerpt: ...Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through trial, the amount offered in settlement, the extent of discovery completed an...

Excerpt: ..., 39, 47, 51, 52, 53, 65, 66, 67, 77, 78, 79, 81, 82, 83, 84, 85, 86, 88, 89 and 90. Page | 2 Legal Authority for Motions to Compel Further Responses to RFP#I: If a party to who document production requests and interrogatories are directed, responds with objections or incomplete answers, the propounding party's remedy is to serve a motion to compel further answers within 45 days after the responses were served. (Code Civ. Proc., S 2030.300, subds...

Excerpt: ...s. 5-6; Yaraghchian Decl. at 992, 4.) Plaintiffs move to compel further responses to RFPs #1, 7, 17, 23-25, 36-42, 50-53, 58-59, 68, 76, 78-79, 86, and 91-96. Defendant GM opposes. Plaintiffs reply. Timeliness/ meet and confer It is unclear whether the motion is timely as there is no information as to whether the verified responses served on April 19, 2023 was via email or mail. Depending on the of service the deadline would be June 6, 2023 (emai...

Excerpt: ...v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent o...

Excerpt: ... Amended Complaint (FAC) was filed on August 26, 2022, to consolidate the matters. The FAC sets forth claims for (1) overtime wage violations; (2) meal period violations; (3) rest period violations; (4) failure to pay wages; (5) final pay violations; (6) wage timeliness violations; (7) wage statement violations; (8) failure to keep required records; (9) reimbursement violations; (10) sick leave and vacaton pay violations; (11) reporting tme pay v...

Excerpt: ...sues the past. Thus, imposing such an ultimate sanction is inappropriate at this time. Moreover, Plaintiff has shown some willingness to cooperate as she participated in the examination up until physical contact was required. In addition, arguably, Dr. Forage was the cause of the stalled first examination given his refusal to allow Ayers to be present without a seemingly valid reason. CCP S 2032.510 permits the examinee's attorney or the attorney...

Excerpt: ...ing a copy of the order. Second Amended Complaint: The pleading was not filed as ordered in the approved stipulation. It appears, however, that the copy of the order mailed to counsel erroneously did not include the court's interlineation requiring that the second amended complaint be filed. In any event, counsel may submit it for filing immediately. The court can order the Pereabras case, CIVS82208345, dismissed, effective upon filing of the sec...

Excerpt: ...ad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discovery completed and the stage of the proceedings, the experience and views of...

Excerpt: ... if the gross) Applying the deductions in these "not to exceed" amounts results in an estimated net class settlement of $163,100.00. With an estimated 138 class members, the class members will receive, on average, $1,181.88. The proposed deductions (attorney fee,2 costs,3 administration fee, incentive award, and PAGA allocation) are preliminarily approved in the listed "not to exceed' amounts. The 35% attorney fee, however, may be excessive, but ...

Excerpt: ...onsider and rule on those issues. After remand, this court asked the parties for supplemental briefing on two additional issues: (1) Whether a delegation clause in the arbitration agreement required the arbitrator, rather than the court, to decide the issues or unconscionability and waiver; and (2) how the United States Supreme Court's decision in Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906 impacts the motion. The Delegation Claus...

Excerpt: ...requires the mistake, inadvertence, or surprise to be reasonable. 1 Mistake of fact is proper when the defendant was mistaken as to some fact material to the defendant's duty to respond. (See e.g. Lieberman v. Aetna Ins. Co. (1967) 249 Cal. App. 2d 515, 523-24). Mistake of law requires the Court to determine (a) the reasonableness of the misconception and (b) the justifiability of the defendant's failure to determine the correct law. (City of Ont...

Excerpt: ... attempts despite the existence of express and implied warranties. Honda also purportedly failed to make restitution or replace the vehicle. Finally, Honda was also purportedly aware of the defects in advance of the lease and actively concealed the information. Based on these facts, the initial complaint contained claims for (1) breach of express warranty under the Song-Beverly Consumer Warranty Act (the Act); (2) breach of implied warranty under...

Excerpt: ...ction: (1) breach of contract; and (2) common counts: open book account, account stated, money had and received by defendant, for gtnds, wares, and merchandise sold and delivered for which defendant promised to pay, money lent by plaintiff to defendant and for money paid, laid out, and expended at Hanson's request. On May 23, 2022, Hanson filed an answer generally denying the allegations and asserting ten affirmative defenses. On April 27, 2023, ...

Excerpt: ...nt Code. Regarding the MSA: The Court would GRANT summary adjudication as to the duty to defend against underlying complaint. The potential viability of the underlying claims invokes the duty to defend. (See Buss v. Superior Court (1997) 16 Cal.4th 35, 44.) Further, Crum failed to meet its responsive burden to show that the claim cannot fall within policy coverage. (Montrose Chemical Corp. v. Superior Court (1993) 6 Cal.4th 287, 300.) Case Summar...

Excerpt: ...ount: $11,356.00 Counsel must conÞrm the es
Ÿmated number of class members. The mo
Ÿon at p. 1:8 says 26; the mo
Ÿon at p. 2:9 says 36. If the number is 26, the es
Ÿmated average receipt by class members is $436.77; if it is 36, the es
Ÿmated average is $315.44. There are an es
Ÿmated 1,365 work-weeks during the class period, so each class member will receive an es
Ÿmated $8.32 for each week worked during the class period. The LWDA will r...

Excerpt: ...l's exposure analysis. Attorney Fees: Plaintiff seeks $110,000.00 for attorney fees, which is 40% of the gross. The requested fee is excessive given the nature of the claims, the extent of litigation, and the amount of the settlement. The court will award one-third of the gross, or $91,666.67. While counsel's lodestar analysis notes fees in excess of this amount, the hourly rates applied are too high. Costs: Plaintiff seeks reimbursement of $12,9...

Excerpt: ...emurrer, without leave to amend, as to the First Cause for Intentional Infliction of Emotional Distress (IIED) and the Second Cause for Invasion of Privao„•, against the District. The Court would OVERRULE as to the Third through Fifth Causes. As to the Motion to Strike: As a result of the preceding ruling on demurrer, the District's motion to strike as to paragraphs 26 and 39-41, relating to IIED and Invasion of Privacy, are rendered MOOT. Th...

Excerpt: ...e first cause of acton by Crabtree and Sharma was one for negligence against Optimal, Athanor, National, and Golden Bank for negligence based on the allegations that defendants' negligence caused the leak. As a result, allowing co-plaintiffs Cedar and Alrahaman to assert their own negligence claim would not cause prejudice, nor would it really expand the scope of the litigation. The only additional issue that will be litigated as a result of the ...

Excerpt: ...ere were two opt-outs from a group of 1,636 potential class members for the California and Washington classes, for 1,634 class members. There were no objections to the settlement. The potential number of participants for the collective action totals 5,498. As of the date the administrator's declaration was signed, there were 761 consents to join the collective action. If the of participants in the FLSA settlement has increased from 761, counsel m...

Excerpt: ...Case Summary This is an auto-acc:ident and personal injury matter. It arises from an accident that occurred on January 18, 2021 on the 1-10 freeway, heading Eastbound, west of the Mountain exit in San Bernardino County. On or about March 22, 2022, Plaintiff filed a form pleading generally naming as Defendants EAN Holdings, LLC; Birdo, Jr.; Jose Ramirez; Antonio Ramirez; Los Angeles Co. Metropolitan Transportation Authority; the City of Los Angele...

Excerpt: ...s 10 causes of acton: (1) Declaratory relief by Arsen; (2) Accounting by both; (3) Financial elder abuse by Arsen; (4) Breach of duty of loyalty by AV Auto; (5) Breach of fiduciary duty by both; (6) Conversion by both; (7) Concealment by both; (8) Intentional misrepresentation by both; (9) Intentional inference with contract by AV Auto; and (10) Violation of the Unfair Competition Law (UCL) by AV Auto. The FAC alleges Arsen created and began oper...

Excerpt: ...ies on notice that should this occur again, the Court will continue the hearing and consider the issuance of sanctions against the non-complying party. Demurrer: The issue in this case is whether the civil department within the San Bernardino County Superior Court may hear the claims asserted by Willey-Nelson or if they are matters of internal trust affairs that exclusively belong to the probate department. Either a trustee or trust beneficiary m...

Excerpt: ...osts ($19,322.80), administration fee ($7,000.00), incentive award ($7,500.00), and PAGA penalties ($20,000.00). The deductions are all reasonable and appropriate. These deductions result in a net class settlement of $279,510.53. There are 122 class members.3 Therefore, the average receipt for the class portion of the settlement is $2,291.06. There are 27,357 work-weeks in all, so each class member will receive $10.22 for each week worked during ...

Excerpt: ...star Mortgage LLC dba Champion Mortgage on January 24, 2017, approximately six and one-half years ago. On October 31, 2017, Plaintiff filed for a defaultjudgment (the "First Default"). However, Defendant moved to set aside the default, which the prior Court granted on September 22, 2021. Importantly, that First Default was set aside because Plaintiff did not properly serve Defendant. Another default was entered on March 4, 2022, and was based 3 o...

Excerpt: ...th 116, 126; Reed v. United Teachers 6 Los Angeles (2012) 208 Cal .App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of the plaintiffs' case, the risk, the expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offere...

Excerpt: ...and conferred multiple times in wr-ting and via telephone in April and May 2023. The parties were unable to resolve their dispute regarding PMK topics 3, 4, and 14. After amended deposition notces were served containing the same disputed topics, the LL defendants filed the pending motion for protective order. Through the motion the LL defendants seek an order prohibiting questions on topics 3 and 4 and relieving them from designating a witness as...

Excerpt: ...ons were already answered, there is no need to compel further answers. The Court denies the motion as to these questions. Question 48. Question 48 asks: "On what basis did you instruct pur attorney to issue three-day notices to tenants?" Smith objects under the Fifth Amendment privilege against self- incriminaton and attorney client privilege. Page | 2 A client has a privilege to refuse to disclose a confidential communication between client and ...

Excerpt: ...ffing agency] and Kaiser Foundation Hospitals ("Kaiser") as an Administrative Coordinator on June 16, 2021. On August 4, 2021, Plaintiff was in a serious car accident which caused injury to her feet and legs. After she took two weeks off to recover, Plaintiff returned to work with a walker. (Complaint, 19-21.) In the year following her return Plaintiff would spontaneously lose use of her legs and required accommodations such as no prolonged stand...

Excerpt: ...2023 deposition. Plaintiff Flores opposes. Defendants reply. Objections After the Reply was filed, Plaintiff objected inserton of new evidence in Jaidi's Reply Declaration at "2-3. The evidence is rebuttal evidence and therefore the objections are overruled. Procedural Deficiencies In his Opposition, Plaintiff raises deficiencies in the motion in that the deposition transcript was not lodged. Exhibit B to Carroll's declaration, however, contains ...

Excerpt: ...an entity called Caltek Communications, Inc., whereas the sole defendant and moving party Caltek Technologies, Inc. While there are many circumstances where a non-party can enforce an arbitration agreement, defendant fails to address the issue in its Reply brief. Absent a showing that Caltek Technologies has standing to enforce the agreement, the motion must be denied. Counsel should be prepared to address this issue at the hearing. If defendant ...

Excerpt: ...ty; and (5) breach of warranty of fitness for a particular purpose. Defendant answered. Now at issue is Defendant's motion to compel arbitration. Statement of Law — Motion to Compel Arbitration: Code of Civil Procedure sectons 1280 et seq. provide a procedure for the summary determination of whether a valid agreement to arbitrate exists, and such summary procedure satisfies both state and federal law. (Rosenthal v. Great Western Fin. Securities...

Excerpt: ...ege they were traveling on West 4th Street and North East Street in San Bernardino when a truck owned by defendant WEL Companies, Inc. (WEL, esa Tilens Truck Leasing, LLC) and operated by defendant Ronald E. Harvey (Harvey) ran a red light and struck their vehicle. Fourdyce was the passenger in Winslow-Williams' vehicle. WEL and Harvey answered. No trial date is currently set. On June 6, 2023, Plaintiffs filed this motion for trial preference und...

Excerpt: ...fair, adequate and reasonable" for the class. (Kullar v. Foot ü)cker Retail, Inc. (2008) 158 Cal.App.4th 116, 126; Reed v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) There were no objections to the class settlement and no opt-outs. The gross settlement amount is $1,000,000.00. The proposed deductions from the gross are for attorney fees ($333,333.33), costs ($19,723.23), administration fee ($8,890.00), three incentive awards o...

Excerpt: ...ove up hearing, which was continued multiple times. Notably, Defendant appeared at the October 27, 2020 OSC hearing. Because Plaintiff's counsel failed to appear at that hearing, the Court set an OSC re dismissal hearing for December 9, 2020. (See Minutes 10/27/20.) On November 17, 2020, Plaintiff filed a motion for order appointing partition referee. On December 9, 2020, both parties appeared for the OSC hearing and requested a contnuance. The m...

Excerpt: ...y, may be allowed, on motion, to make a supplemental complaint or answer, alleging facts material to the case occurring after the former complaint or answer. (c) upon the filing of a supplemental complaint, the court clerk shall issue an amended or supplemental summons pursuant to Section 412.10. Service of the supplemental summons and complaint shall be made in the manner provided for the initial service of a summons by this code. Unlike an amen...

Excerpt: ....5. Thus, the Court would GRANT the motion to stay the matter is stayed pending completion of mediation and, if necessary, arbitration. The issue of attorneys' fees is not currently before the Court. Case Summary This is a foreclosure on a mechanic's lien. In the original Complaint, Plaintiff — a licensed building contractor — alleged it provided construction and related activities for a building remodel within on property owned by Defendant....

Excerpt: ...n April 13, 2023 and then discussed the discovery by phone five days later. No resolution was reached so the pencrng motions to compel further SRog responses and deem facts admitted was filed. The motions involve SRog No.'s 5-7, 11, 17, 19-20, 22, 25-27 and RFA's 2, 13-16, and 20. The motion is supported by a declaration from attorney Amy Maclear; the responses to the discovery; and the meet and confer correspondence. The motion is opposed by Roj...

Excerpt: ... confer in the next five (5) days on a mutually agreeable three-day period for Defense experts to conduct the survey or inspection of Plaintiffs' property. The survey or inspection shall occur within thirty (30) days of this ruling. The Court would impose sanctions against Plaintiffs, payable within thirty (30) days, in the amount of $1,800. Case Summary Plaintiffs filed their Complaint on September 28, 2021, alleging causes of action for (1) neg...

Excerpt: ...ot file a reply. II. DISCUSSION Merits of Defendant's Motion to Strike Motions to strike can be used to strike any "irrelevant, false or improper matter inserted in any pleading," or to strike any pleading or part thereof "not drawn or filed in conformity with the laws of this state, a court rule or order of court." (Code Civ. Proc., S 436.) Defendant moves to strike Plaintiff's request for an award of attorney fees in paragraph 20 of the FAC and...

Excerpt: ...mployer's usual course of business. (b) A client employer shall share with a labor contractor all civil legal responsibil-ty and civil liability for all workers supplied by that labor contractor for the follow-ng: (1) The payment of wages. (d) At least 30 days prior to filing a civil action against a client employer for violations covered by this section, a worker or the worker's representative shall notify the client empoyer of violations under ...

Excerpt: ...vina Sabbah), the estate of the brother's father (the Estate of Ziad Sabbah), the brother's paternal uncle (Ghaleb Sabbah), St. Michael Service Corp., (St. Michael), ZSS Marketing, Inc. (ZSS), and St. Benedict Corporation ("St. Benedict"). The FAC pleads 9 causes of action: (1) Partiton against Omar, Amer, St. George, Savina, the Estate, Ghaleb, ZSS, St. Benedict, and Ted's Plaza; (2) Breach of fiduciary duty against Omar, Amer, St. George, Savin...

Excerpt: ...st qualified (PMQ) with production of documents. Defendant opposes. Plaintiff replies and filed evidentiary objections to the declaration of defense counsel Darshnik Meet Singh Brar. The Court notes that the motion is incorrectly noticed under Code of Civil Procedure sections 2025.450, subdivision (a), which allows a party who served a valid deposition notice, without having served a valid objection, to move for an order to compel the deposition ...

Excerpt: ...appropriately. If unprofessional rancor continues, the court will address the issue further and will take appropriate action. The court anticipates not having to do so. Plaintiffs' argument that it was appropriate to designate the entirety of the search results as "highly confidential" before accessing and reviewing the documents is unreasonable. Some of them may be highly confidential, but that can be determined only after counsel has had an opp...