Excerpt: ...nclosure Technologies, Inc., hereafter Spraytech) alleging causes of achon for (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; (3) breach of contract; (4) breach of contract; and (5) violation of Business and Professions Code section 7108.5 and Civil Code section 8814 et seq. Spraytech has cross-complained against EMT and its alleged shareholder, William Noble (Noble). The operative first amended cross-compl...

Excerpt: ...ation released claims as specified in paragraph 46 of the settlement agreement against a number of specified companies. Ryder Last Mile, Inc., however, is not named. In addition to the named companies, the release also purports to include the named companies' "present and former parents, affiliates, divisions, and subsidiaries, acquired companies, and each of their respective present and former directors, officers, shareholders, agents, represent...

Excerpt: ...P.A.; Eugene Lawrence Kwong, M.D.; and Alan Scott Herford, D.D.S., M.D. The complaint alleges a single cause of action for general negligence relating to what appears to be dental and/or medical malpractice. The complaint itself contains limited details about the facts of the case. However, the government claim attached to the complaint provides on May 5, 2021, at Arrowhead Regional Medical Center, "a medical/dental negligence surgical procedure ...

Excerpt: ... Adams Stirling PLC, and (iii) Professional Property Management ("PPM"). After Defendants moved to quash those subpoenas, the parties agreed the Defendants would have the right to first look at and then produce the records that they contended were not privileged and a privilege log on the records they contended were privileged. On May 16, 2022, and May 25, 2022, privilege logs were issued associated with the records produced by Fiore and Adams St...

Excerpt: ... on or before May 1, 2023. (Thomas Decl. at 993-6; Major Decl. at "2-4.) After this order, Plaintiff reached out seeking dates. (Thomas Decl. at "7-8, Exh. 8.) On April 25, 2023, GM offered the deposition date of May 9, 2023. (Major Decl. at 95.) Instead of accepting the deposition offered date, Plaintiffs Benitez file this moton seeking to compel compliance with the February 1, 2023, order. Defendant GM opposes. Plaintiffs Benitez replies. DISCU...

Excerpt: ..."1 7, 9; Exhibit 1.) An express condition of the lease was that the landlord would develop the land with buildings, water and power, telephone, roads and perimeter security. (SAC '1 9.) Decedents Ronnie Roth Herndon and Ron Alan Herndon were the trustees of the Family Trust, but both died by October 2021. (SAC "1 2-3.) Plaintiff alleges Decedents held themselves out as licensed contractors (SAC 5, 8, 26), and they agreed to complete the construct...

Excerpt: ...ed a Category 1 offense. The representation was false, and Plaintiff's behavior at issue was a Category 2 offense, which is not cause or does not result in termination. Through Defendants' actions, customs, and procedures and practice to have progressive disciplinary process, STIJs, PIPS, along with the list of infractions and punishments codified in the Owner's Manual, and Plaintiff's longevity of service, Defendant developed an implied covenant...

Excerpt: ...ure to prevent harassment, discrimination and retaliation. Defendants Amazon.com Services LLC, Brittanee Mondy and Thomas Carr (collectively, "Defendants") filed this demurrer challenging the first and second cause of action by asserting they do not state facts sufficient to constitute a cause of action. Demurrer--Statement ofthe Law: The function of a demurrer is to test the legal sufficiency of the challenged pleading. (Kendrick v. City of Eure...

Excerpt: ...nly two claims against her, based on failure to exhaust administrative remedies and sufficiency of the allegations. Plaintiff opposes and Defendant Gomez replies. As an initial matter, any issue of timeliness is moot as this Court continued this hearing from May 4, 2023 to June 14, 2023. In addition, it appears meet and confer requirements have been met. Exhaustion Defense Government Code section 12950, subdivision (c), provides any person claime...

Excerpt: ...158 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 maintaining class achon status through trial, the amount offer...

Excerpt: ...2006 between Guzman, Valdez Sr., and thirdparty Salvador Garc:ia. Shortly thereafter, Valdez Jr. joined the partnership by oral or implied agreement. Guzman contributed $25,000 and it was understood that Guzman and Garcia would handle the day-to-day business, while Valdez Sr. was to handle the administrative tasks and Valdez Jr. performed managerial tasks. Even so, the business decisions were to be made by all the partners. (FAC at "1 10-12 and 3...

Excerpt: ...158 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 (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 achon status through trial, the amount offer...

Excerpt: ....769.) The moving party must demonstrate that "the settlement is fair, adequate and reasonable." (Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 125; 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 705, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the ris...

Excerpt: ... 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 extent of d...

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 action status through trial, the amount offered in settlement, the extent of discovery completed ...

Excerpt: ...dant generally demurs to each cause of acton and specially demurs to each on the ground of uncertainty. Plaintiff filed an opposition, albeit one day late. Defendant filed a timely reply. Meet and Confer Requirement Defense counsel, Patrick J.L. Cleveland, filed a declaration establishing that he sent two emails to Plaintiff's counsel and she failed to respond. Code of Civil Procedure section 430.41 clearly states the "parties shall meet and conf...

Excerpt: ...nt Defendant's argument is straightforward. Employees are properly classified as "exempt outside salespersons" if they "customarily and regularly work more than half the working time away from the employer's place of business selling tangible or intangible items or obtaining orders or contracts for products, services or use of facilities.' (Cal. Code Regs., tit. 8, S 11070, subd. 2(J).) As such, they are exempt from the Labor Code's requirements ...

Excerpt: ...le Plaintiff was in custody. On May 27, 2022, Default was entered against San Bernardino County. After Plaintiff's request for a Clerk's Judgment was refused (this was not a contract case), Plaintiff filed a default packet and appeared before Judge Foster on December 7, 2022 for a prove- up hearing. The Court then entered judgment against the County. The Specially Appearing County has brought the present Motion to Expunge [Vacate] Default and Def...

Excerpt: ...ION Evidentiary Objections With the reply, Plaintiff submits evidentiary objections to the arar Declaration. The Court SUSTAINS Objection Nos. 1, 2, 3, 9 (argumentative), 4 (irrelevant), 5, 6, 7, 8, (lacks foundation/personal knowledge). DISCUSSION Plaintiff originally noticed the deposition to proceed on March 17, 2023. (Ullman Decl. '1 1 and Exh. 1.) GM admits in its opposition that the PMQ deposition was noticed and that GM failed to appear or...

Excerpt: .... To approve the settlement, the court must find the settlement to be "fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future ones, and to maximize enforcement of state labor laws." (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77.) The court must find that the plaintiff "has adequately represented the state's interests, and hence the public interest." (ld. at p. 89.) The LWDA must...

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 a...

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: ...il, 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 maintaining class achon status through trial, ...

Excerpt: ...acities of the Defendants as trustees. Defendants provide a full opposition on the merits, and there are no due process concerns. Any order issued by the Court will be properly entered against the proper parties. At the outset, it is an important consideration that all of the parties were aware throughout the litigation that The Lucas Corporation was a defunct corporation for all intents and purposes. While a release of the entity is important fo...

Excerpt: ...es for summary judgment. Timely opposition has not been filed. Statement of the Law: A summary judgment moton cuts through the parties' pleadings to determine if a trial on the facts is necessary. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843 ["Aguilar"].) Only the pleadings establish the grounds for granting or denying summary judgment. (Tsemetzin v. Coast Federal Savings & Loan Assn. (1997) 57 Cal.App.4th 1334, 1343.) When the d...