Excerpt: ...hers 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 com...

Excerpt: ...cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2005) 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...

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: ...te and reasonable." (Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 126; Reed 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...

Excerpt: ...er. (Code Civ. Proc., S subd. (a)(4).) However, the Court puts the parties on notce that should this occur again, the Court will continue the hearing and consider the issuance of sanctions against the non- complying party.l Defendant Husson attacks the First Amended Complaint (FAC) on three grounds. First. Defendant Husson argues that although an agreement is referenced in the FAC, Plaintiff does not allege any particulars, i.e., whether it was w...

Excerpt: ...t restate counsel's preexisting obligations and responsibilities; even without a protective order, counsel is obligated (1) to limit questions to the listed topics for the PMQ deposition, (2) to refrain from ad hominem commentary and sarcasm, and (3) to avoid repetitive questioning. A protective order stating those limitations would simply repeat the limitations already imposed by the Code of Civil Procedure and the Rules of Professional Conduct....

Excerpt: ...ted 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 disco...

Excerpt: ...GM was falsely advertising the transmission, knowing the material was false, and with the intent to induce reliance and knowing Martinez's vehicle was defective. Despite such knowledge, GM failed to disclose the true facts and Martinez was induced by the representations and omissions to his detriment. (Compl. at 3-4, 7, 11, 15, 23-53, 116, 121, 131, and 137.) b. Less particularity is needed in the concealment context and in cases when the facts a...

Excerpt: ...mary Adjudication on the Complaint: 1. First Cause of Acton for Breach of Contract: The motion is denied. Plaintiff's claims against Defendant arise from a combinations of sections 2.2 and 2.3 of the Non- Disclosure Agreement (NDA). Defendant Jasmine Marie Acosta (ACOSTA) fails in her burden because even if section 2.3 of the NDA is void/unenforceable, the entre NDA is not demonstrated to be void/unenforceable, and section 2.3 of the NDA would on...

Excerpt: ...pleadings or amendments; (2) State what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located; and (3) State what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located. (California Rule of Court 3.1324, subd. (a).) Additionally, a separate dec...

Excerpt: ...of Good Faith and Fair Dealing (Failure or Delay in Payment), (3) Bad Faith and Breach of the Implied Covenant of Good Faith and Fair Dealing (Failure to Properly Investigate Claim), and (4) Unfair Business Practices. According to the Complaint, between November 1, 2019 and November 1, 2020, Defendant provided insurance coverage for real property owned by Plaintiff, including ccwerage for vandalism, theft and/or fire damage. (Comp. , '1 8.) On De...

Excerpt: ...stantially related matter whose interests are materially adverse to the former client unless written consent is provided. In actions where the potential conflict arises from successive representations of clients with potential adverse interest, the chief fiduciary value in jeopardy is the client's confidentiality. (Flatt v. Superior Court (Daniel) (1994) 9 Cal.4th 275, 283.) Disqualifying an attorney for undertaking a representation adverse to a ...

Excerpt: ...90- 150 days is not unusual. The Court also finds that once Defendant told escrow to cancel, financing that was in progress could not be completed. As the agreement provided for the Defendant's business to be included in the transaction, there was no need for Defendant to close the business. Defendant cancelled the transaction too quickly. Plaintiffs have presented evidence demonstrating it takes several months to obtain the financing they needed...

Excerpt: ... the court re-set the filing deadline for January 31, 2023. Plaintiff did not file the motion or seek relief before expiration of the deadline. Instead, on February 3, 2023, plaintiff filed an ex parte application to extend the filing date nunc pro tunc. On February 5, 2023, the court denied ex parte relief, but reserved a hearing date of April 20, 2023, for a moton. The hearing was subsequently continued to June 2, 2023. How plaintiff's counsel ...

Excerpt: ...ulation Judicial correction of an award is authorized only if the alleged miscalculation or mistake is "evident"—apparent on the face of the award—and not merely suppositional. (See Lopes v. Millsap (1992) 6 Cal.App.4th 1679, 1587 [arbitrator's declaration admissible for limited purpose of showng evident miscalculation that could be corrected without affecting merits of controversy]; Severtson v. Williams Constr. Co. (1985) 173 Cal.App.3d 85,...

Excerpt: ...ndate under Code of Civil Procedure section 1091.4 compelling the County to remove his name. This court exercises its independent judgment in reviewing the administrative decision. (Gonzalez v. Santa Clara County Dept. of Social Services (2014) 223 Cal.App.4th 72, 84; Saraswati v. County of San Diego (2011) 202 Cal.App.4th 917, 928.) In applying the "independent judgment" standard of review, the court must determine whether the weight of the evid...

Excerpt: ...es that Defendants defaulted under the terms of the contract. Thus, Plaintiff filed suit for breach on February 25, 2021, and Defendants issued a general denial on February 1, 2022. Relevant here, the contract contains provisions selecting choice of law, consent to jurisdiction, and venue in Utah. (Motion, Exh. 1 [Contract], 11932 [venue] & 40 [governing lawl.) Accordingly, Defendants bring this motion to stay or dismiss this California action so...

Excerpt: ...) 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 stage o...

Excerpt: ...o Request for Production number 24. A verified supplemental response with be produced within ten (10) days of this ruling. The Court would DENY the remainder. Case Summary This is a lemon law case. The Complaint alleges that on May 3, 2022, Plaintiff purchased the subject vehicle with a warranty from the Defendant Auto Manufacturer. The vehicle developed defects in its suspension, electrical, and structural systems. Although it was taken for repa...

Excerpt: .... (2008) 168 cal.App.4th 116, 126; Reed 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 the plaintiffs' case, the risk, the expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial...

Excerpt: ...l, Inc. (2008) 168 cal.App.4th 116, 126; Reed 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 (2W5) 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, t...

Excerpt: ...pp.4th 116, 126; Reed 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 achon status through trial, the amount offered in set...

Excerpt: ... 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 of discovery completed and the stage of the proceedings, the experience and...

Excerpt: ... of fees and costs, as the plaintiff must post an appropriate appeal bond or undertaking or petition for writ of supersedeas to stay enforcement. (Dowling v. Zimmerman 85 Cal.App.4th 14CL) Thus this case is not different from any other case where a party obtains a judgment, the losing party files and appeal, and the judgment is stayed pending the appeal only if a bond is posted. Out of State Lawyer The ability to recover fees incurred by an out-o...

Excerpt: ... Reed 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 riskof maintaining class action status through trial, the amount offered in settlement, the ext...

Excerpt: ...e court exercise its discretion. "The level of effort at informal resolution which satisfies the 'reasonable and good faith attempt' standard depends upon the circumstances." (Obregon v. Superior Court (1998) 67 Cal.App.4th 424, 431.) A reasonable and good faith attempt at informal resolution entails something more than bickering with opposing counsel. (Clement v. Alegre (2009) 177 Cal.App.4th 1277, 1294 [noting argument is not the same as inform...

Excerpt: ... they were not authorized for sale or use anywhere in the United States. (Compl„ "6-9.) On September 15, 2022, Plaintiff filed suit for (1) breach of contract; (2) breach of covenant of good faith and fair dealing; (3) promissory estoppel; (4) intentional misrepresentation; (5) negligent misrepresentation; (6) declaratory relief; and (7) unfair competition. Under its fraud cause, Plaintiff also alleges that Defendant knew its representations we...

Excerpt: ...e court exercise its discretion. "The level of effort at informal resolution which satisfies the 'reasonable and good faith attempt' standard depends upon the circumstances." (Obregon v. Superior Court (1998) 67 Cal.App.4th 424, 431.) A reasonable and good faith attempt at informal resolution entails something more than bickering with opposing counsel. (Clement v. Alegre (2009) 177 Cal.App.4th 1277, 1294 [noting argument is not the same as inform...

Excerpt: ...he ceiling. The incident caused damage to the residence, personal property, and also exposed Carmona's relatives to injury. Semper Solaris then breached the contract by failing to pay for the cleanup and repair costs. Based on these allegations, Carmona commenced suit against Semper Solaris in October 2022 for (1) negligence, (2) breach of contract, (3) products liability, and (4) strict liability. Now, through the pending motion, Semper Solaris ...

Excerpt: ...h 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2W5) 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 proceeding...

Excerpt: ...142 S.Ct. 1905. Before Viking River, PAGA claims were not subject to arbitration under any circumstances. (See e.g. Iskanian v. CLS Transp. Los Angeles LLC (2014) 59 Cal.4th 348.) In Viking River, however, the Court held, contrary to Iskanian, that under the Federal Arbitration Act, 9 U.S.C., section 1 et seq. (FAA), a PAGA action is divisible into "individual" and "non-individual" components. In the Viking River lexicon, an "individual" PAGA cla...

Excerpt: ...e to act on the part of their attorneys. There is no evidence the amendment was intended to be a catch-all remedy for every case of poor judgment on the part of counsel which results in dismissal.' ( Huens v. Tatum, supra, 52 Cal. App. 4th at p. 264, quoting, in part, Peltier v. McCloud River R.R. Co., supra, 34 Cal. App. 4th at p. 1824, italics in original.)" English v. IKON Business Solutions, Inc. 94 Cal.App.4th 130, 146-147[114 Cal.Rptr.2d 93...

Excerpt: ...pp.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2005) 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 proc...

Excerpt: ...ngeles (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...

Excerpt: ... (SAC) pleads 7 causes of action: (1) breach of contract, (2) promissory estoppel, (3) quiet title, (4) unjust enrichment, (5) intentional misrepresentation, (6) negligent misrepresentation, and (7) constructive trust. The SAC alleges Daniel and Kendall entered into a rent-to-own contract on April 27, 2014, concerning the property at 9886 Encina Ave., Bloomington for a sales price of $265,000. Before this, Daniel was a tenant at the Subject Prope...

Excerpt: ...The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (21W6) 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 acton status through trial, the amount offered in settlement, the extent of discovery completed and the stage of the proceedings, the experi...

Excerpt: ...ed 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 discov...

Excerpt: ...s roof to fix a leak. Plaintiff sustained injuries when he fell off the roof. At issue is Defendant Patricia Perry's, individually and as Trustee of Perry Family Living Trust, motion for summary judgment, or in the alternative, summary adjudication. Defendant Perry raises the following issues: (1) the case of Privette v. Superior Court (1993) 5 Cal.4th 689, demonstrates Defendant is not liable; (2) there are not triable issue of fact that there w...

Excerpt: ...ecord a notice of pendency in which that real property claim is alleged. (Code Civ. Proc., 5405.20.) A real property claim means the cause(s) of action in a pleading, if meritorious, affects title to or the right of possession of a specific real property, orthe use of an easement. (Code Civ. Proc., 5405.4.) A Lis Pendens may be ordered removed from the record because (i) the complaint does not contain a real property claim (Code Civ. Proc., 5405....

Excerpt: ..., yet plaintiff's employment terminated in May 2021 (Complaint 14). The motion to strike—which the court treats as a demurrer or motion for judgment on the pleadings—is brought on the ground that plaintiff lacks standing and is therefore granted. Leave to amend, however, is granted, either to substitute a new class representative or to change the definition of the class so that plaintiff falls within it. ...8 Plaintiff has amended the complai...

Excerpt: ...ainst Defendants Brickley Construction Company, Inc., and James Lawrence Brickley (dismissed), alleging causes of action for (1) failure to pay wages; (2) failure to pay minimum wage; (3) failure to pay overtime; (4) failure to pay wages due upon termination, waiting time penalty; (5) failure to issue accurate wage statements; (6) constructive discharge; and (7) unlawful/unfair business practices. Plaintiff alleges he is a former non-exempt emplo...

Excerpt: ...eadline. Defendant moves to compel a further response to RFP #8. Thereafter, on April 13, 2023, Plaintiff served by email a supplemental, nan-verified response. (Pfeffer Decl. at 99, Exh. 3.) On April 14, 2023, Plaintiff filed its opposition. Defendant filed its reply on April 20, 2023. Neither party seeks sanctions. DISCUSSIONS Meet and Confer It appears Defendant met and conferred. (Cleveland Decl. at 94, Exh. C.) The letter sent properly menti...

Excerpt: ...ly had problems with its totally integrated power module or TIPM. It is further alleged that FCA was unable to repair the vehicle within a reasonable number of attempts and failed to replace the vehicle or provide restitution. The complaint further indicates FCA was aware of the defects in advance and concealed relevant facts. Finally, the repairs were also negligently performed by defendant West Covina Chrysler Dodge Jeep Ram (WC). Overall, the ...

Excerpt: ...osing separate statement; excerpts from the depositions of Trenholm, Jauregui, and Ramsey; the appendix manual for the project; the FAC; a declaration from Ramsey; photos of the scene; a declaration from expert Ryan Radebach and attorney Page | 2 Kristen Gray; a public works memorandum; the contract for the park and an adopted capital improvement program; and the order denying the City's demurrer (of which judicial notice is properly sought). The...

Excerpt: ...l notice by both parties are granted. The requests involve court records and court register of actions which are proper subjects of judicial notice. (See Evidence Code, S 452, subd. (d); D. Cummins Corp. v. United States Fidelity & Guaranty Co. (2016) 246 Cal.App.4th 1484, 1492, fn. 8 [taking judicial notice of Superior Court's register of actions]. First Cause of Action: Equitable Indemnity Preliminarily, Defendant's compulsory cross complaint a...

Excerpt: ...ndisputed that Act 1 inspected the fence the Friday before the inc:ident, the fence was cut by the third person(s) over the weekend, and Act 1 was unaware. (Fact No.'s 12-17, 22, and 56; Ramsey Decl. [condition discovered upon returning to the site on Mondayl.) Given the absence of knowledge regarding the condition itself, Act 1 cites to the general rule that "the owner is not the insurer of the visitor's personal safety" and as such "the owner's...

Excerpt: ... to No. 2, as the statement relates to a business practice in place and allegedly experienced by the declarant. As to Defendant Field's declaration the Court would SUSTAIN objections Nos. 1-3, again, on hearsay. As to the Preliminary Injunction: The Court would GRANT the motion. The Court will hear argument at hearing on the appropriate undertaking necessary to mitigate Defendants' potential loss should Plaintiff's claims be unsuccessful. Case Su...

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: ...aim. However, the jury found in favor of Plaintiff and against Defendant Cohen on the breach of fiduciary duty, promissory fraud, and financial elder abuse claims. The jury awarded $276,524.37 in economic damages and $93,620.00 in noneconomic damages. The jury further found Cohen engaged in conduct with malice, oppression, or fraud toward Plaintiff. In its verdict in the second phase of the trial on May 19, 2022, the jury awarded $25,000 in punt-...

Excerpt: ...amount of $75,853.16, with fees to be decided by motion. (Kirnos Decl., 921; Exh. D.) On March 30, 2023, Plaintiffs filed this motion for attorney fees ($100,680.00); a 0.5 multiplier ($50,340.00); and costs ($46,046.13)—a total request of $197,066.13. Evidentiary Objections: Defendant objects to portions of the declaration of Plaintiff's attorney Roger Kirnos as lacking personal knowledge and foundation, hearsay, and relevance. • Objections ...