Excerpt: ...ating to (1) meal periods; (2) rest breaks; (3) overtime wages; (4) wage timeliness; (5) final pay; (6) maintenance of required records; (7) accurate wage statements; (8) unfair competition; as well as (9) civil penalties pursuant to PAGA. Per the terms of the currently proposed settlement, Plaintiff would represent a class of non-exempt workers in Defendant's California operations from August 27, 2026, to July 25, 2023. (Settlement, 992 ["Class"...

Excerpt: ...Staff of San Antonio Regional Hospital. A first amended complaint ("FAC") was filed on July 7, 2023 asserting the following causes of acton for: (1) violation of Business & Professions Code, 517200, et seq.; (2) retaliation in violation of Health & Safety Code, 51287.5; and (3) intentional interference with Prospective Economic Advantage. On August 25, 2023, Defendants San Antonio Regional Hospital and Medical Staff of San Antonio Regional Hospit...

Excerpt: ...eet and confer requirement applies to amended pleadings Page | 6 as well as originals. (Code Civ. Proc., S 430.41, subd. (a).) The meet and confer shall occur at least five days before the date the responsive pleading is due. (Code Civ. Proc., S 430.41, subd. If there is no resolution, the demurring party shall submit a declaration with h-s/her demurrer stating either (a) the means in which the parties met and conferred and that no resolution was...

Excerpt: ...time wages; (2) minimum wages; (3) meal periods; (4) rest breaks; (5) waiting time; (6) wage statements; (7) wage timeliness; (8) reimbursements; as well as (9) violation of the unfair competition law. In essence, Plaintiff alleges that he was employed by Defendants from October of 2013 through approximately December 2020. He seeks to represent all current and former non-exempt California employees who worked for Defendants during the statutory p...

Excerpt: ...lege that CDA has a possessory right to the property itself; thus, the cause of action does not state sufficient facts to support nor does COA have standing to bring a trespass cause of action. Additionally, GS8 also specially demurs that the trespass cause of action is uncertain because the FAC fails to allege who owns or possesses the property. In response, Plaintiff argues that it has adequately alleged that it owned the pipeline and the groun...

Excerpt: ... or in the alternative, summary adjudication pursuant to Code of Civil Procedure section 437c, subdivision (f) in favor of Defendants and against Plaintiff's SAC and the following causes of action contained in Plaintiff's SAC: (1) First Cause of Action for Breach of Contract; and, Page | 10 (2) Second Cause of Action for Conversion. Analysis: Plaintiffs First Cause of Action for Breach of Contract: Plaintiff's First Cause of Action is for Breach ...

Excerpt: ...ch 27, 2023, Faerber served his Designation of Expert Witnesses listing Richard Lewis Ruffalo, M.D. (Ruffalo), an anesthesiologist and pharmacologist, along with Kevin P. Becker, M.D., another anesthesiologist, both of whom are to testify concerning causation and damages according to the sworn declaration of defense counsel. (Scott Decl„ 96; Exh. 1.) Scott further declares one of the arguments proffered in support of Faerber's motion for summar...

Excerpt: ...ant 3") (hereinafter, collectively "Defendants.") Plaintiff alleges five causes of actions: 1) negligence; 2) negligent hiring; 3) intentional infliction of emotional distress; 4) battery; and 5) violation of Ralph Civil Rights Act, Cal. Civ. Code S 51.7. On August 3, 2023, Plaintiff filed a first amended complaint alleging the same causes of action.l No trial date has been set in this case. On June 30, 2023, Plaintiff filed this motion for prefe...

Excerpt: ...m ("Lim") and Heidi Kupferman ("Kupferman"). Defendants oppose and Plaintiffs reply. The two motions are nearly identical and are each supported by the declaration of Plaintiff's attorney Scott K. Johnson ("Johnson"). Johnson declares Plaintiffs issued notices of depsiton on April 19, 2023, for depositions on May 23 and 24, 2023, respectively. (Johnson Decl. re: Lim, '15, Exh. 8; Johnson Decl. re: Kupferman, 95.) Defendants subsequently objected ...

Excerpt: ... it assumed the contract/agreement at issue. (Compl. at "1 7 & 21.) Around October 14, 2015, Mayra Diaz (Diaz), a representative and agent of Suncrest, made an unsolicited visit to Plaintiff's residence, located at 7958 North Maple Ave., Fontana, CA 92336, and she presented the option to purchase/install roof-mounted solar panel systems on his home. (ld. at 15-17.) The conversaton between Diaz and Plaintiff was in Spanish, which is Plaintiff's na...

Excerpt: ...laration of his mechanical engineering expert, Mark Burns. C&L filed separate objections to the declarations with its reply. Objection to the Khorshidi declaration is overruled. Objections 1-3 to the Burns declaration is overruled, but objections 4-7 are sustained based on lack of foundation. Defendant C&L's MSJ Defendant C&L moves for summary judgment on the grounds that: (1) it does not own, lease, occupy, or control the property on which Plain...

Excerpt: ...fic Collision Report, and Offcer Amanda Beeman's deposition testimony. Extrinsic evidence, however, is not properly considered at the pleading stage. The extrinsic evidence here is also presented for the purpose of attacking the pleadings themselves and unrelated to whether Plaintiff was insufficiently diligent in pursuing this motion. Such evidence is more properly presented on summary judgment or at trial. The Court therefore sustains Plaintiff...

Excerpt: ..."). On July 28, 2023, she e-served her responses with the verification dated July 31, 2023. (Ma Decl. at 95, Exhs. E-F.) Finding the objections/responses to (i) Form Interrogatories #1.1, 2.1-2.7, 2.11, & 12.1, (ii) Special Interrogatories #1-2, 5-10, 13-16, & 18-23, and (iii) RFPs #1-8 deficient, Plaintiff Lightking moves to compel further responses. Defendant Zhou opposes in part. Plaintiff Lightking replies. After the motions were filed, Defen...

Excerpt: ...Leisure Manor (esa Braswell Leisure Manor) ["Braswell"l. The Complaint pleads 3 causes of action: (1) elder abuse/neglect (wrongful death & survival) by all, (2) wrongful death by Plaintiffs Johnson, Andrew, Joseph, and Sorrell, and (3) negligent infliction of emotional distress (NIED) by Plaintiff Johnson. Defendant Braswell answered. The Complaint alleges that Ysidra Duarte ("Decedent") began living at Braswell's assisted living facility on Jun...

Excerpt: ...e with Defendant BMW. Plaintiff alleges that defects and nonconformities manifested within the warranty period, including those relating to the vehicle's electrical, transmission, and breaks. She further alleges that, despite a reasonable number of attempts, the Defendant was unable to fix the vehicle. Further that the manufacturer failed to replace or make restitution, as required by the Song-Beverly Act (Act). On August 26, 2022, Plaintiff file...

Excerpt: ...ainer complaint against Defendants Grabowski, Crawford, and Graboswki Brothers Racing (G8R). Defendants CITV and DGM appeared by filing prejudgment claims of right of possession. Generally, Plaintiff alleges that the subject property is a commercial warehouse with two suites. Plaintiff has owned the subject property since Defendant Grabowski occupied shortly thereafter and Page 7 was allowed to occupy until March 2021, when he, along with Defenda...

Excerpt: ...on administration services; Clark Construction Group of California (Clark) was engaged as Plaintiff's general contractor. On June 1, 2020, the County filed its complaint alleging the following four causes of action against HOK: (1) contractual indemnity; (2) declaratory relief; (3) breach of contract; and, (4) negligence. The County alleges the following: In November 2012, the County and HOK entered -nto a design contract (the Professional Servic...

Excerpt: ...he moving party must demonstrate that "the settlement is fair, adequate 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 (2W5) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of the plaintiffs' case, the risk, th...

Excerpt: ...amended order. Case Summary This is an action relating to the breach of construction contracts. Plaintiff alleges that it entered into a Master Contractor Agreement (MCA) with Defendant, in which it would provide construction materials at various construction sites. Individual Defendant Theisen allegedly executed a personal guaranty, both individually and as trustee of a related trust. Plaintiff alleges it also executed a Master Pay App Agreement...

Excerpt: ...nor with severe cognitive disabilities (First Am. Complt. 13), alleges that while he was at school and in the care and custody of Defendants, he was abused on at least two separate occasions in 2022. (First Am. Complt. 18, 21.) Plaintiff filed his original complaint on May 23, 2023 alleging five causes of action: 1) Negligence; 2) Negligent Hiring, Supervision, and Training; 3) Intentional Infliction of Emotional Distress; 4) Battery; and 5) Viol...

Excerpt: ...final pay; (7) required maintaining of records; (8) accurate statements; (9) unfair competition law; as well as a claim for civil penalties pursuant to the Private Attorneys General Act (PAGA). On March 30, 2023, Plaintiff filed a First Amended Complaint (FAC) to add a cause of action for violations relating to indemnification of necessary employee expenses. After commencing litigation, the parties informally exchanged policy and payroll document...

Excerpt: ...GRANT sanctions against Defendant in the amount of $2,5æ', payable within 30 days. Case Summary This is, in essence, a discrimination and harassment case. Plaintiffs contend that they were harassed and discriminated against during their employment as police officers at Defendant City. They allege discrimination and harassment on the basis of disability and age, as well as other protected categories. Plaintiff Vasek further contends he was denied...

Excerpt: ...Y, without prejudice. Alternatively, the Court would consider a CONTINUANCE for the purpose of submission of a revised class notice. Preliminary Approval of Class Action Settlements in General Settlement of a class action requires court approva . (Cal. Rules of Court, rule 3.759.) The moving party must demonstrate that "the settlement is fair, adequate and reasonable." (Kullar v. Fcm Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 126; Reed v. un...

Excerpt: ...garding a 2018 Ford F-1ffJ (the Vehicle), which the Plaintiffs purchased for one hundred thousand nine hundred and thirty-nine dollars and twenty-eight cents ($100,939.28.) Plaintiffs allege the Vehicle had multiple defects and nonconformities to the warranty and Ford is unable to conform the Vehicle to the applicable express warranty. Plaintiffs further allege Raceway breached duty to Plaintiffs in failing to use ordinary care and skill by faili...

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: ...ments; (5) waiting time; and (5) unfair competition law. As part of and in furtherance of settlement, Plaintiff— along with the prior motion for preliminary approval— submitted a proposed First Amended Complaint (FAC), adding a cause of action for civil penalties pursuant to the Private Attorneys General Act (PAGA). The Court approved and filed the proposed FAC at that time. After commencing litigation, the parties informally exchanged policy...

Excerpt: ...ional distress; (2) promissory fraud; (3) negligent misrepresentation; and (4) negligence. After a demurrer and motion to strike heard on 29, 2021, Plaintiff filed the operative First Amended Complaint (FAC), asserting the same causes. As background, Plaintiff suffered physical and emotional injuries when he intervened to protect a women from being attacked in October of 2018. He alleges that his treating doctor at Defendant Hospital made written...

Excerpt: ...n, Inc. and Plaintiffs Deborah Stevens, Corrie Stevens, Kylee Warnick, and Tammara Mansel Bolthouse's Motion The Court reserves its ruling on the Bolthouse's motion since Plaintiffs indicated it their opposition that 1) the deposition of Bolthouse's PMK has yet to occur, and 2) Bolthouse has purportedly failed to respond to discovery. If the opposing party shows by declaration that essential evidence "may exist but cannot, for reasons stated, be ...

Excerpt: ...uary 22, 2020, he sustained injuries from a protruding bolt on real pro#rty located in San Bernardino, California. Plaintiff alleged Defendants were negligent in hiring, supervising, or retaining a vendor to perform maintenance, repairs and upkeep of the subject property. Plaintiff further alleged Defendants controlled and maintained a dangerous condition, which proximately caused Plaintiff to suffer injuries and damages. On August 30, 2023, CBRE...

Excerpt: ... was November 6th. Plaintiffs did not file the Reply until the day after on November 7th. The prtnf of service attached to the Reply indicates Plaintiff served the Defendants by e-mail on November 7, 2023. The court, in discretion, may refuse to consider late-filed papers in ruling on a motion. Here, Plaintiff's Reply is one day late due to the court being closed on November 10th in observance of Veteran's Day. As Defendants are not likely to suf...

Excerpt: ...asonic submitted a written purchase order for 240 complete, new jig shafts with safety latches, 1,250 retrofitted anode safety latch mods, and 420 retrofitted cathode safety larch mods. Vanguard accepted the purchase order "completing a written agreement between the parties". Thereafter, Panasonic informed Vanguard that it could not use preexisting guide rails and end caps so it verbally asked Vanguard to replace the end caps and left and right g...

Excerpt: ...a claim for fraudulent concealment are: "(1) concealment or suppression of a material fact; (2) by a defendant with a duty to disclose that fact to the plaintiff; (3) the defendant Page I 2 intended to defraud the plaintiff by intentionally concealing or suppressing the fact; (4) the plaintiff was unaware of the fact and would not have acted as he or she did if she had known of the concealed or suppressed fact; and (5) plaintiff sustained damages...

Excerpt: ...ide employees with the quota in writing, as required by Labor Code sections 2101 and 2102. The quotas also purportedly interfered with the employees' rest periods. As a result, Zamores commenced the underlying PAGA action against Ryder on July 28, 2023. The complaint contains one cause of action for violation of Labor Code sectons 2101 and 2102 and a second cause of action for PAGA penalties. The complaint further indicates Zamores worked as a fo...

Excerpt: ...o the Ethereum was held on a USB device called a "ledger." The ledger stores private keys for each cryptocurrency. Plaintiffs allege that, in November of 2021, they wanted to sell 110 of their Ethereum. Since these are sensitive transactions, they reached out to Defendants, who were friends that could help them. On November 17, 2021, Plaintiffs went to Defendants' home to conduct the transaction. Plaintiffs allege that one Defendant noted the lar...

Excerpt: ...e discharge, (7) discrimination (medical/disability), (8) discrimination (race), (9) failure to prevent, (10) harassment, and (11) intentional infliction of emotional distress (IIED). The Complaint generally alleges that Banks was employed as a production manager between 2008 and January 29, 2021, by BEST and ICRC. Banks is an African-American male who has a guardian or power of attorney because of his mental and physical disabilities ("6a-7a). [...

Excerpt: ... (6) timeliness of pay; (7) accurate wage statements; and (8) unfair competition law. On April 26, 2022, Plaintiff filed a First Amended Complaint (FAC) to add a cause of action for civil #nalties pursuant to the Private Attorneys General Act (PAGA). After commencing litigation, the parties informally exchanged policy and payroll documents and other information sufficient to allow early mediation. Thereafter, on February 28, 2023, the parties eng...

Excerpt: ...he child abuse and neglect reporting act; (2) negligence; (3) breach of duties arising under a special relationship; (4) professional negligence; and (5) medical malpractice. The causes are alleged to arise out of events subsequent to Plaintiff's presentation as a patent to Defendant Hospital on or about October 2, 2020, relating to a religion-based declining of certain treatment protocol and an alleged failure on the part of Defendants to follow...

Excerpt: ...ever, the exact terms of the agreement are unclear and plaintiff merely contends Sauer failed to compensate or reimburse her for any of the services or ex#nditures. Based on these facts, plaintiff commenced suit against Sauer on September 11, 2023, for breach of contract and unjust enrichment. Attached to the complaint are a string of text messages and paperwork related to the short term rental approval process. One of the text messages appears t...

Excerpt: ...rd was in the file. Its contents were a concealed book insofar as the consideration of the demurrer was concerned."].) As to the Demurrer: The Court would SUSTAIN. However, the Court would grant 30 days' leave to amend to allow Plaintiff an attempt to address the statute of limitations issues noted infra. Case Summary This is essentially an action for retroactive enrollment in CalPERS medical plan. Plaintiff retired per disability from her state-...

Excerpt: ... on May 15, 2017 in The County of San Bernardino Official records attached as Ex.2, Doc# 2017- 0198044. The Court GRANTS judicial notice of the grant deed, RJN #2. With regard to the Complaint in this action, it is part of the Court file. Thus, it is unnecessary for the Court to take judicial notice since it has the power to look at its own case file. The Court therefore DENIES the request as unnecessary. (See Davis v. Southern California Edison ...

Excerpt: ... of Labor Code section 223; (4) failure to provide meal and rest periods; (5) violation of Labor Code secton 227.3; (6) violation of Labor Code section 246; (7) violation of Labor Code sections 201 and 203; (8) violation of Business and Professions Code section 17200; (9) violation of Labor Code sectons 226 and 1198.5; (10) violation of Labor Code section 233; (11) violation of Labor Code section 1102.5; (12) wrongful termination in violation of ...

Excerpt: ...,458.28. GM opposes on the grounds that the fees requested are unreasonable since the tasks performed were routne and "recycled" from prior cases or the tasks were unnecessary to the litigation. Any fees related to the fraud claim would also be improper according to GM. Overall, GM contends the fees should be no more than $31,773. Hourly Rates. With regard to reasonableness of the rates requested, the lodestar is determined by reviewing the "prev...

Excerpt: ... minimum wages: (3) meal periods; (4) rest breaks; (5) waiting tme penalties; (6) accurate wage statements; as well as (7) violation of the unfair competition law; (8) penalties pursuant to Section 210; (9) penalties pursuant to Section 226.3; (10) penalties pursuant to Secton 558; (11) penalties pursuant to Section 1197.1; and (12) civil penalties pursuant to the Private Attorneys General Act (PAGA). Relevant here, in Riverside County, plaintiff...

Excerpt: ...aint pleads 2 causes of action: (1) retaliation and (2) failure to prevent. The Complaint alleges that DSH employed Villalpando as a police sergeant with the Patton Police. In 2018-19, he was assigned as the training sergeant during the day shift. On December 18, 2018, Patton Police Officer Jenna Trejo filed an administrative complaint for harassment. Villalpando was interviewed during the investigation and testified as a witness favorable to Tre...

Excerpt: ...ameda County action (Jonathan Bullinger v. The Finish Line, Inc. (Case 23CV038515)) is transferred to San Francisco and that action is consolidated with this action (CGC-23-605200) for all purposes. All future filings shall be under case number CGC-23-605200. While plaintiff s dismissal of several of his Labor Code claims in this case reduces the overlap, there remains overlap regarding the enforceability of the parties arbitration agreement. Tha...

Excerpt: ...n (l), allows for the recovery of attorney fees associated with litigation compelling an employer to comply with its obligation to produce the personnel file. Plaintiff also contends that he can recover attorney fees under Labor Code section 432.6, subdivision (d),l which provides a court may award reasonable attorney fees to a prevailing plaintiff who enforces his rights under this section. An employer is precluded from requiring as a condition ...

Excerpt: ...ewage backup -nto the insured's home. On April 25, 2023, the Plaintiff filed this instant suit against Defendants City, NPL and Federal Insurance Company. Defendant City filed the instant demurrer in response on July 28, 2023. Statement of Law A demurrer challenges defects that appear on the face of the pleading, which includes incorporated exhibits, or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 c...

Excerpt: ...74, among other cases cited in Plaintiffs Moving Papers; (2) The specific defects that affected the Subject Vehicle, including: a. Transmission Defects (Request Nos. 7-17); b. Engine Defects (Request Nos. 18-28); Page 2 c. Electrical Defects (Request Nos. 29-39); and, d. Structural Defects (Request Nos. 40-50) (Subject Vehicle Discovery). GM's Opposition: GM asserts that Plaintiff's motion to compel should be denied on the merits. GM argues that ...

Excerpt: ...onsidered. DISCUSSION Improper Inclusion of Facts in Demurrer The function of a demurrer is to test the legal sufficiency of the challenged pleading. (Kendrick, supra, 82 Cal.App.4th at p. 357.) In analyzing the sufficiency, the court assumes the truth of all material facts that have been properly pleaded, of facts that may be inferred from those expressly pleaded, and of any material facts of which judicial notice has been requested and may be t...

Excerpt: ...ainst Hernandez only; (4) assault against Hernandez only; (5) intentional infliction of emotional distress against Hernandez only; (6) negligent infliction of emotional distress; (7) gender violence; (8) hostile work environment sexual harassment; (9) failure to prevent and remedy harassment in violation of FEHA; (10) constructive discharge in violation of FEHA; and (11) conversion against Hernandez only. Hernandez subsequently crosscomplained ag...

Excerpt: ...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, the amount offered in settle...

Excerpt: ...om disputes surrounding a former joint business venture and alleged fraudulent transactions that occurred from approximately 2018 through December, 2019. Default was entered against defendants on September 10, 2020. At a Trial Setting Conference on December 1, 2020, Plaintiffs' counsel advised the court they were preparing a 585 packet. Plaintiffs subsequently filed their first amended complaint ("FAC") the following day on December 2, 2020 asser...

Excerpt: ...Witnesses (Motion) and Adhere to CCP 2034.450 (Request). Defendant's Motion and Request are supported by a declaration from counsel, Jeffrey A. Walker (Mr. Walker). Plaintiffs filed their Opposition to the Motion on October 26, 2023, which consists of a declaration from Plaintiffs' counsel, John Girardi (Mr. Girardi). Defendant filed his Reply on October 30, 2023. II. ANALYSIS Procedural Issues Plaintiffs' Untimely Opposition: Plaintiff's Opposit...

Excerpt: ...iff sustained severe injuries to his shoulder, neck, left elbow and back. Plaintiff's deposition was taken on June 29, 2020 by Defendant. On October 4, 2023, Defendant filed his Motion to Compel an Additional Deposition of Plaintiff. Plaintiff opposed and Defendant replied. "Any party may obtain discovery...by taking in California the oral deposition of any person, including any party to the action." (Code Civ. Proc., S 2025.010; see Code Civ. Pr...

Excerpt: ...ng party perm-ts. (b) Each answer shall: (1) Admit so much of the matter inwlved in the request as is true, either as expressed in the request itself or as reasonably and clearly qualified by the responding party. (2) Deny so much of the matter involved in the request as is untrue. (3) Specify so much of the matter involved in the request as to the truth of which the responding party lacks sufficient information or knowledge. (c) If a responding ...

Excerpt: ...greement by permitting defendant QN Link, Inc. (QN) to utilize some of the storage space, which in-turn, permitted defendant HK Sishun Trade Co., Limited (HK) to also use some of the space. As a result, Egreen commenced suit against Fullhouse, QN, and HK on January 17, 2023. The operative first amended complaint (FAC) was then filed as a matter of right on May 24, 2023. The FAC removes QN and HK as defendants, but includes Jiantong Chen (Chen), X...

Excerpt: ...dant argues in his Motion that the responses were incomplete or evasive and did not allow Defendant to properly assess Plaintiff's claim for damages. Further, Defendant argues Plaintiff's objections were without merit and too general. In his Opposition, Plaintiff indicates a supplemental response to *cial Interrogatories No. 4, 6 and 7 was served to Defendant on October 20, 2023. Plaintiff argues at this time the only remaining issue is that of s...

Excerpt: ...3, 2023. Defendant filed its Opposition to Plaintiff's Moton (Opposition) on October 19, 2023 II. DISCUSSION Plaintiff's Motion Defendant's cost memorandum, which was submitted on Judicial Council Form MC-OIO, seeks a total of eight thousand and forty-nine dollars and eighty-three cents ($8,049.83). These costs include two thousand and fifty-five dollars and thirty-eight cents ($2,055.38) for filing and moton fees; two thousand two hundred dollar...

Excerpt: ... On June 7, 2021, Plaintiff filed a First Amended Complaint, adding wage-and-hour class claims. The operative Second Amended Complaint (SAC) was filed on December 22, 2022, alleging (1) civil penalties pursuant to PAGA, as well as class claims for violations related to (2) minimum wages; (3) overtime; (4) meal periods; (5) rest breaks; (5) wage statements; (7) final pay; (8) reimbursements; and (9) the unfair competition law. After commencing lit...

Excerpt: ...ting De La Torre was personally served at 11196 Charleston St., Adelanto, CA 92301-6124 on February 11, 2014. No response was ever filed and on April 24, 2014, a default and default judgment was entered against De La Torre for a total of $8,075.18, including costs and interest. Plaintiff has filed memorandums of costs and accrued interest on June 30, 2015, December 7, 2017, June 19, 2018, May 2, 2019, February 24, 2021, December 1, 2021, December...

Excerpt: ...) as evasive or incomplete, an objection is without merit or too general, or the exercise of the option to documents is unwarranted or the required specification of those documents is inadequate can move to compel further responses. (Code Civ. Proc., 52030.3W, subd. (a).) The motion to compel must be noticed within 45 days of receipt of the responses (plus the additional time if not personally served). (Code Civ. Proc., "2030.300, subd. (c), 2031...

Excerpt: ...ertime; (4) meal (5) rest breaks; (6) wage statements; (7) reimbursements; and (8) timeliness of wage payments. On April 10, 2023, Plaintiff consolidated into this matter a cause of action for (9) civil penalties pursuant to the Private Attorneys General Act (PAGA). After commencing litigation, the parties informally exchanged policy and payroll documents and other information sufficient to allow Plaintiff's counsel to analyze and value the case ...

Excerpt: ...result, on or about August 16, 2019, Plaintiff filed a complaint, alleging a single cause of action for medical malpractice. Summary of the Law A mental or medical examination of a plaintiff may be obtained by leave of court with a showing of good cause. (Code Civ. Proc., SS 2032.310-2032.320.) The moton must specify: (1) the date and time of the exam; (2) the place of the exam, with good cause being shown if it is more than 75 miles from the exa...

Excerpt: ...t, on or about August 16, 2019, Plaintiff filed a complaint, alleging a single cause of action for medical malpractice. Summary of the Law A mental or medical examination of a plaintiff may be obtained by leave of court with a showing of gtncl cause. (CINIe Civ. Proc., SS 2032.310-2032.320.) The moton must specify: (1) the date and time of the exam; (2) the place of the exam, with good cause being shown if it is more than 75 miles from the examin...

Excerpt: .... The motion is denied as to Form Interrogatory No. 17.1 based upon the Court's ruling on the Request for Admissions. 2. Motion to Compel Further Responses to Special Interrogatories (Set 1) Against Defendant Yiming Qiu: Defendant Yiming Qiu is ordered to serve a answers, without objections, to Special Interrogatory Nos. 3, 4, 6-9, and 11-25 on or before November 30, 2023. Defendant Yiming Qiu is ordered to serve further answers, without objectio...

Excerpt: ...sition to the Moton on October 13, 2023, along with a declaration from Plaintiffs' counsel, Michael Bean (Mr. Bean). Plaintiffs filed their Reply in Support of the Motion (Reply) on October 19, 2023. II. ANALYSIS Plaintiffs move to strike or tax three items in Defendant's memorandum of costs: (1) costs of one thousand and seventy dollars ($1,070); (2) court reporter fees of two thousand two hundred and sixty-six dollars and forty-six cents ($2,26...

Excerpt: ...to improperly grant themselves interest or lien on his properties. On May 2, 2022, Plaintiff filed suit for (1) setting aside a fraudulent trustee's sale; (2) fraudulent conveyances; (3) fraud and conspiracy to commit fraud; (4) declaratory relief; (5) conspiracy to commit fraud; (5) slander of title; (7) intentional misrepresentation; (8) unconscionability; (9) fraudulent conversion; (10) cancellation of false documents; (11) quiet title; (12) i...

Excerpt: ...der the custody and control of a statelicensed foster home. The abuse allegedly extensive and continued until she was sixteen. Defendant Doe 3 allegedly abused in excess of five minors. Plaintiff alleges that, despite an investigation and various reports of misconduct, the District simply moved Doe 3 around in the District. Further Plaintiff alleges that a caseworker for the foster agency not only ignored the claims but accused her of lying. (Com...

Excerpt: ...Over the next several months, the parties met and conferred. In the course of those discussions, Defendant agreed to produce supplemental response to RFPs 44 and 45. (Tretola Decl. 95, Ex. C.) On March 23, 2023, Defendant served supplemental responses to the RFPs, which did not include a supplemental response to RFP 45. Also, several of the responses included an agreement to produce documents. However, no such documents were produced. (Tretola De...

Excerpt: ...result, on or about August 16, 2019, Plaintiff filed a complaint, alleging a single cause of action for medical malpractice. Summary of the Law A mental or medical examination of a plaintiff may be obtained by leave of court with a showing of good cause. (Code Civ. Proc., SS 2032.310-2032.320.) The moton must specify: (1) the date and time of the exam; (2) the place of the exam, with good cause being shown if it is more than 75 miles from the exa...

Excerpt: ...int #1's case, Defendant Pathak filed indicating relation of the cases. (See, e.g., Motion for Reconsideration, 4/17/23 [listing Complaint #2 as a related casel.) 3 Plaintiff also asserts that Judge McCarville somehow lacked jurisdiction. This assertion is without citation or support. The Court notes that Code of Civil Procedure, section 1408, vests trial courts with such jurisdiction. 7 competition; (10) penalties under Section 210; (11) penalti...

Excerpt: ...or civil penalties pursuant to the Private Attorneys General Act (PAGA). In essence, the Complaint alleges Labor Code violations relating to (1) minimum wages; (2) overtime wages; (3) meal periods; (4) rest breaks; (5) wage statements; (6) wage timeliness; and (7) final pay. Notably, prior to the instant action, Plaintiff had already filed a wage-and-hour class action in San Bernardino County (CIVS82305885) based on the same underlying violations...

Excerpt: ...rustment against TLC, VGM, Muzzammil, and Aijaz. The Complaint alleges on October 11, 2019, Zepeda was a passenger in the vehicle driven by Hamed. Hamed was driving at an unsafe speed when he rear-ended another vehicle. Zepeda sustained injuries. Hamed was unlicensed at the time of the accident. He was driving in the course and scope of his employment with TLC, VGM, Muzzammil, and Aijaz ("12-14, 17). Defendant VGM moves for summary judgment or ad...

Excerpt: ...lfour filed two separate replies. The motion was served one-day short of the notice period 75 days, plus 2 days for electronic service required the motion to have been served on August 9, 2023. But given both Plaintiffs opposed and did not raise service as an issue, the Court deems any issues with service as waived. (Carlton v. Quint 77 Cal.App.4th 690, 697.) This matter is set for trial on July 22, 2024. DISCUSSION Balfour's MSJ At issue is an a...

Excerpt: ... law and policy a defendant owes no duty to protect a plaintiff from particular harm. Avila v. Citrus Community college Dist. (2006) 38 cal.4th 148, 161 ["Avila"]; Knight v. Jewett (1992) 3 cal.4th 295, 314-15 ["Knight"]. The court does not ask what risks a particular plaintiff subjectively knew of or chose to encounter, but evaluates "the fundamental nature of the sport and the defendant's role in or relationship to that sport in order to determ...

Excerpt: ...with leave to amend as to the first and second causes of action. On May 19, 2023, plaintiff Sanchez filed the operative Third Amended Complaint (TAC) alleging two causes of action for: 1) Unfair Business Practices, California Business and Professions Code S et seq.; and 2) Violation of California Consumer Credit Reporting Agencies Act CCP S 1785.25(a). On August 1, 2023, Wells Fargo answered. On September 13, 2023, Talman and Bankers Hill filed t...

Excerpt: ...ember 5, 2023, Plaintiff's counsel, Vahe Khojayan (Mr. Khojayan), emailed Plaintiff's counsel, Rick Augustini (Mr. Augustini), regarding the subpoena and indicating Mr. Liu "continues to assert attorney-client privilege and work product doctrine for all communications with Mr. Pang." Mr. Khojayan stated that failure to withdraw the deposition and modify the items requested by September 6th would result in his filing of a motion to quash subpoena....

Excerpt: ...sel represented that they had reserved a motion to be relieved from a waiver of their objections. Based upon these representations, the Court ruled on one of the motions to compel and continued the remaining four motions to compel and ordered the parties to meet and confer and for Plaintiff to file a revised Separate Statement by October 11, 2023 and any further Opposition by October 16, 2023. The Court did not receive the required further Separa...

Excerpt: ...ffs to provide verified responses to all of Defendant's discovery requests without objections by March 14, 2023. On September 5, 2023, Defendant filed the instant Motion for Terminating and Monetary Sanctions (Motion) due to the failure of the Plaintiffs to provide the discovery responses ordered by the court on February 28, 2023. The Motion is supported by a declaration from Defendant's counsel, Rodolfo Gonzalez. Plaintiffs filed an untimely Opp...

Excerpt: ...mpromise, filed November 20, 2020, In re Donald Ray Paulson, supra (RJN Exh. B); • Docket for Saunders v. Paulson, Ap#llate Case No. D0751921, with underlying civil Case No. CIVDS1828407 (RJN Exh. C). There is no opposition to the request. The Court will grant Defendant's request and take judicial notice of the existence of court filings RJN Exhibits A and C, and take judicial notice of the Bankruptcy Court order RJN Exhibit B. Analysis With he...

Excerpt: ...tentional/negligent infliction of emotional distress (IIED/NIED). The FAC alleges Woodside is developing a large parcel within the City that includes 200 homes, a lake, and related improvements. At the south end of 2nd street, just below Oak Glen Blvd., at the corner, Woodside changed the natural elevation of the land by 20 feet. It then built a 2-story house at that high elevation resulting in the home being able to see into Grotke's backyard an...

Excerpt: ...reveals that the suit was filed on January 5, 2023, meaning that even if Section 340.1 applied the claims would be time barred by a few days. Plaintiff concedes that, if filed as of January 5, 2023, the Complaint would untimely. However, she argues that she attempted to file documents on December 27, 2022, and that the documents were improperly rejected by the clerk's office because of confusion relating to the filing of documents under seal. In ...

Excerpt: ...e not necessary to dispose of Defendants' demurrer. Demurrer: The demurrer to the First Cause of Action is sustained, without leave to amend. The cause of action is barred by the two year statute of limitations. (See Gatto v. County of Sonoma (2002) 98 Cal.App.4th 744, 750; Kent v. Cal. DeVt of Consumer Affairs (E.D. cal. June 28, 2011) 2011 U.S. Dist. LEXIS 69676, at *9; Thomas v. Sonoma county (N.D. cal. July 21, 2013) 2013 U.S. Dist. LEXIS 102...

Excerpt: ...sability is unable to perform his/her essential duties even with reasonable accommodations or cannot perform those duties in a manner that would not endanger others even with reasonable accommodations. (Gov. Code S 12940, subd. (a) Further, under California Government Code section 12926, subdivision (m), physical disability is defined as: "(1) Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that d...

Excerpt: ...y executed a personal guaranty, both individually and as trustee of a related trust. Plaintiff alleges it also executed a Master Pay App Agreement (MPAA) with Defendant, in which they agreed Plaintiff would purchase Defendant's right to payment under certain constructon payment applications. Defendant Theisen also allegedly executed a personal guaranty on the MPAA. Plaintiff further alleges that Defendant failed to make required payments under th...

Excerpt: ...iffs filed their original complaint on March 25, 2021, alleging a single cause of action for wrongful death and asserting that the lack of a fence was the cause of the death. On June 14, 2022, Plaintiffs attempted to file a First Amended Complaint, amending to assert four causes: (1) wrongful death —Secton 835; (2) wrongful death — Section 1983 [re denial of care]; (3) wrongful death — Section 1983 Ire failure to protect from suicidal actio...

Excerpt: ...Esq. Plaintiff filed an opposition on September 5, 2023 and XTOOLTECH filed a reply on September 6, 2023. DISCUSSION Defendant challenges the entire complaint and the individual causes of action on the grounds that it is uncertain and fails to allege sufficient facts to consttute a cause of action. XTOOLTECH also argues that the causes of action lack any calculation of damages. Analysis uncertainty. "A special demurrer should be overruled where t...

Excerpt: ...tention that under cases such as Williams v. Horvath (1975) 16 Cal.3d 834, 838 (Williams), and State of California v. Superior Court (Bodde) (2004) 32 Cal.4th 1234, 1240 (Bodde), sovereign immunity only is waived if the requirements of the Government Claim Act, including compliance with the claim presentation requirement, are met. It argues that the claim presentation requirement is a substantive element for a cause of action against a public ent...

Excerpt: ..., LLC; and Bubba Likes Tortillas, LLC (Plaintiffs) then commenced the underlying lawsuit against the City and its City Manager, Andrea Miller, alleging defendants engaged in a "pay for play" scheme; committed government waste; failed to provide the full scoring rubrics used to determine the Page | 2 licenses; the scoring was not conducted rationally; and defendants failed to follow proper procedure and the Brown Act. Overall, the complaint and wr...

Excerpt: ...mplied in fact; (3) common count - money lent by plaintiff to defendant; (4) common count - money paid, laid out, and expended to or for defendant at defendant's special instance and request; (5) common count - open book account; and (6) common count - account stated. Wells Fargo seeks to recover $5,193.72 in damages. Wells Fargo filed the pending motion for summary judgment. The original August 7, 2023 hearing date was continued to October 19, 2...

Excerpt: ...inadequate service or notice of motion]; See also Alliance Bank v. Murray (1984) 161 Cal.App.3d 1, 7 ["It is well settled that the appearance of a party at the hearing of a motion and his or her opposition to the motion on its merits is a waiver of any defects or irregularities in the notice of moton"].) The motion is granted, with thirty (30) days leave to amend. In the alternative, should Plaintiff decide not to amend at this time, the motion i...

Excerpt: ...gainst the District in the amount of $1,500. Sanctions are payable within thirty (30) days. Case Summary This is a sexual abuse case. Plaintiffs were, at the time of the allegations, under-aged high school football players. In essence, Plaintiffs assert claims against a former head athletic trainer for her sexual misconduct and the school district for failing to protect them from her conduct. Plaintiff filed their operative First Amended Complain...

Excerpt: ... as to why the untimeliness of this motion was not addressed. However, the Court is not limited as by this oversight. 1 The moton in this case was filed 25 days after the application was mailed and e-mailed. The timeliness of the motion is not raised in the opposition. The Initial Burden Martinez and FedEx filed an application for good faith settlement indicating there was a settlement with Du for $12,500. The non- monetary term involves the rele...

Excerpt: ...tract; (2) Breach of Implied Covenant of Good Faith and Fair Dealing; (3) Unjust Enrichment; (4) Fraud; and (5) Negligence. Defendants filed the instant Demurrer to Plaintiff's Complaint and Motion to Strike Portions of Plaintiff's Complaint (Punitive Damages). The function of a demurrer is to test the legal sufficiency of the challenged pleading. (Kendrick v. City of Eureka (2000) 82 Cal.App.4th 354, 367; Hernandez v. City of Pomona (1996) 49 Ca...

Excerpt: ...sional negligence; (4) breach of fiduciary duty; (5) conversion; (6) interference with contract; (7) interference with economic advantage; and (8) tort of another. Plaintiff was assigned the claims of Stephanie Smith. Plaintiff asserts that because the claims were assigned to it, Plaintiff Central Ave., LLC (Central) addresses the actions by Defendant against Smith as if they were actions against Plaintiff Central. To avoid confusion the court wi...

Excerpt: ...class and representative action. On May 30, 2023, Plaintiff filed his wage-and-hour class action against his former employer. On August 8, 2023, he filed his operative First Amended Complaint (FAC), which alleges violations relating to (1) minimum wages; (2) overtime wages; (3) meal periods; (4) rest breaks; (5) reimbursements; (6) accurate wage statements; (7) wage timeliness; (8) final pay; as well as claims for (9) violations of the unfair com...

Excerpt: ...upported by 5 hours total time in furtherance of the motions). Sanctions are payable within thirty (30) days. Case Summary This is a sexual abuse case. Plaintiffs were, at the time of the allegations, under-aged high school football players. In essence, Plaintiffs assert claims against a former head athletic trainer for her sexual misconduct and the school district for failing to protect them from her conduct. Plaintiff filed their operative Firs...

Excerpt: ...rtime; (4) meal periods; (5) rest breaks; (5) wage statements; (7) reimbursements; (8) wage payment timing; and, individually, for (9) constructive discharge/ adverse employment actions. On March 22, 2023, pursuant to stipulation, Plaintiff filed a First Amended Complaint (FAC) that consolidated a Private Attorneys General Act (PAGA) complaint. After commencing litigation, the parties informally exchanged policy and payroll documents and other in...

Excerpt: ...ion claiming he spent 49.1 hours on the case at per hour, with the time broken down by task. (Morris Decl., "6-7.) The rate and time spent appear reasonable and are not challenged. Instead, in opposition, Defendant argues recovery should have been pursued through the Worker's Com#nsation Appeals Board. Labor Code section 3502, subdivision (a), provides in part: "Where the conditions of compensation set forth in Secton concur, the right to recover...

Excerpt: ...EHA — Discrimination; (3) FEHA — Nonjob Related Inquiry; (4) FEHA — Retaliation; (5) FEHA — Failure to Prevent Harassment, Discriminaton and/or Retaliation; (6) EEOC — Harassment; (7) EEOC — Discrimination; (8) EEOC Retaliation; (9) Labor Code S 203; (10) Labor Code S 98.6; (11) Labor Code S 1102.5; (12) Violation of California Constitution; (13) Intentional Infliction of Emotional Distress; (14) Negligence; and (15) Breach of Mandato...