Excerpt: ...subject vehicle in October of 2019 and that the transmission was defective He alleges that, despite being covered by express and implied warranties, the Defendant-manufacturer failed to repair the vehicle within a reasonable time and, further, failed to provide a replacement or make restitution. The operative First Amended Complaint (FAC) alleges (1) breach of express warranty under the Song-Beverly Act (Act), (2) breach of implied warranty under...

Excerpt: ...utoff dates. The moving papers have established good cause relating to substitution of counsel for Defendant Bridge, as well as Wluminous required on-going discovery. The Court vacates the currently set Trial Readiness and Trial dates and will set new dates with the input of counsel at the hearing on this motion. Motion for Protective Order: The Court would DENY the motion for protective order. Case Summary This is an elder abuse and wrongful dea...

Excerpt: ...bitration pursuant to Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906. 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...

Excerpt: ... Corp., Ltd. (2wJ) 22 cal. 4th 1127, 1147, quoting Sanchez v. superior court (1988) 203 cal.App.3d 1391, 1397.) A party may "specially ap#ar" for the purpose of contesting jurisdiction, among other reasons, but that is not what is attempted here. (See Olcese v. Justice's Court of First Jud. Township (1909) 156 Cal. 82, 87 ["must keep out for all purposes except to make that [jurisdictional] objection . . . ." l.) A "special appearance" is not use...

Excerpt: ... as vague, ambiguous, and overbroad, and pursuant to Code of Civil Procedure section 2030.230 refers Plaintiff to specified documents it has produced which purportedly identify the individuals and transactions, including dates and times, of which Defendant is familiar regarding the subject incident. Plaintiff argues reference to the writings are improper because they require them to "dig" through the referenced documents to locate the responses. ...

Excerpt: ...s 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 comple...

Excerpt: ...t 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 maintaining class achon status th...

Excerpt: ...ker Retail, Inc. (21W8) 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...

Excerpt: ...achers 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 discovery c...

Excerpt: ...emediate 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 55, 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 have been notified of the settlement and given an opportunity to object. The court lacks sufficient information to make these findin...

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: ... 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, the amount offered in settlement...

Excerpt: ...ant GMRI replies. Judicial Notice Defendant GMRI requests judicial notice of the Employment Arbitration Rules and Mediation Procedures of the American Arbitration Association (AAA) [Exh. A]. This request is denied as no applicable ground exists to judicially notice a private company's rules and procedures. Discussion Under Code of Civil Procedure secton 1281.2, a party to an arbitration agreement may move to compel arbitration if the other contra...

Excerpt: ...de within ten days after service of the notice of entry of the order or ruling; (2) based on new or different facts, circumstances or law; and (3) accompanied by a declaration stating what previous "application" was made, the ruling thereon, and what new or different facts, circumstances or law are claimed to exist. (Code Civ. Proc., S 1008, subd. The burden under secton 1008 "is comparable to that of a party seeking a new trial on the ground of ...

Excerpt: ...iver, 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 claim is one based on Labor Code ...

Excerpt: ...rocedurel section 2025.450, it should be under section 2025.480. By the facts, a notice was served to which Defendant General Motors, LLC (GM) objected. Section 2025.450 addresses compelling when no objection is served. An objection was served. Thus, although not perfectly, the motion fits better under section 2025.480, which applies to objections to questions and documents. Here, there are entire objections to producing documents and answering q...

Excerpt: ...ued Petitioner an Administrative Civil Penalties Notice regarding an unpermitted marijuana dispensary located on Petitioner's property. It imposed a penalty of SIK per day. Petitioner requested an administrative appeal hearing, which was held on June 24, 2021. The Administrative Law Judge (AU) ruled in favor of the City, imposing a SIK per day penalty from April 20, 2021 until the date the violations were cured. Petitioner alleges the dec:ision c...

Excerpt: ...t would OVERRULE as to the remainder. Case Summary This is a wage-and-hour class and Private Attorneys General Act (PAGA) representative action. Plaintiff Basurto initially filed the matter as a wage-and-hour class achon on March 18, 2021. On August 12, 2021, counsel filed a First Amended Complaint to add Plaintiff Gardea and a claim for civil damages pursuant to PAGA. Following a demurrer, Plaintiffs filed a Second Amended Complaint on February ...

Excerpt: ... of action: (1) negligence and (2) premise liability. Defendant Apple answered. The FAC alleges on May 26, 2018, Plaintiffs Lewis and Ballou tripped and fell on the walkway at 12044 Armargosa Rd„ Victorville. That property is owned, controlled, possessed, and/or managed by Apple ("7-9). Defendant Apple moves for Judgment on the Pleading as to Plaintiff Ballou. Plaintiff Ballou opposes.[l] Defendant Apple replies.[2] DISCUSSIONS Judicial Notice[...

Excerpt: ...ty Group, Inc. dba Keller Williams Realty Irvine ("HT Realty"). The Complaint pleads five causes of action: (1) breach of fiduciary duty, (2) intentional misrepresentation, (3) fraudulent concealment, (4) negligent misrepresentation, and (5) negligence. Defendant HT Realty moved to strike the phrase "punitive damages" from paragraph 48 and the prayers for punitive damages and attorney fees. Plaintiffs Sang and Marco opposed.l Defendant HT Realty ...

Excerpt: ...ts Valley Power Systems, Inc. (Va ley) and Joseph Zucker (Zucker) on August 19, 2020, alleging causes of action for motor vehicle and general negligence. Natasha alleges she was traveling northbound on Interstate 215 at or near Palm Avenue in San Bernardino on March 13, 2019, when her vehicle was hit by another vehicle driven by Zucker and owned by Valley. Zucker was intoxicated and driving the wrong way, and admitted to police he had been drinki...

Excerpt: ...s (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 ...

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: ...n February 9, 2023, Plaintiff filed its operative First Amended Complaint (FAC) against Defendant. It includes two causes of action: (1) breach of contract; and (2) "tortious bad faith; breach of implied covenant and fair dealing." Plaintiff alleges the following: Plaintiff inspects and, when necessary, repairs roofs. At the request of Marco Chavez ("Policy Holder"), Plaintiff inspected the roof of a property in Rancho Cucamonga. After identifyin...

Excerpt: ..., Plaintiffs claim that that males and non-binary were discriminated against at the "Ladies' Day Out" events held at Bass Pro stores in California in 2018 and 2019. This case was originally filed on May 3, 2019 by two plaintiffs. On October 22, 2019, Plaintiff Sielski filed a separate complaint on a class basis (CIVDS1931635). Those two cases were consolidated by order issued on June 24, 2020. Subsequently, that consolidated class matter was amen...