Excerpt: ...l of the denial of his dock license. Unlike an excessive force claim, such a claim does not automatically encompass "threat, intimidation, or coercion. 2. Plaintiff's Second and Third Causes of Acton: There are two essential elements of a claim under section 1983: the conduct complained of was committed by a person acting under color of state law; and (2) the conduct deprived the plaintiff of a right, privilege or immunity secured by the Constitu...

Excerpt: ...lso Schoendorf v. U.D. Registry, Inc. (2002) 97 Cal.App.4th 227, 235 [declaration in support of ant-SLAPP motion].) 1. Objections to the Declaration of Castaldi: A. Objections 1, 3, 14, 15, 17, 19, 21, 30, 34, 42, 44, 45, 47, 57, 58, 60, 61, 62, 65, 66, 58-70, 73, 75, 76, 77, 79, 80, 82, 85, 85, 88 (lacks foundation or proper authentication), 16, 29 (hearsay), 20, 38, 43, 46, 110 (improper opinion), 22, 23, 24, 37, 48, 59 (lacks foundation / impr...

Excerpt: ... The First Amended Complaint is deemed filed as of this date. As to Preliminary Approval: The Court would GRANT the motion. Preliminary Approval of Class Acton Settlements in General Settlement of a class action requires court approval. (Cal. Rules of Court, rule 3.769.) The moving party must demonstrate that "the settlement is fair, adequate and reasonable." (Kullar v. Fint Locker Retail, Inc. (2008) 158 Cal.App.4th 116, 126; Reed v. united Teac...

Excerpt: ...(4) violation of Health & Safety Code secton 13007, (5) violation of Public Resources Code section 4421, (6) violation of Public Resources Code section 4435, (7) negligent infliction of emotional distress, (8) loss of consortium, and (9) negligent interference with prospective economic advantage. As for the underlying allegations, plaintiffs contend that Gentry was operating an excavator on August 25, 2021, on 1-15 Log-stics's property located at...

Excerpt: ... to service on international defendants) and should therefore be quashed. Koki's General Manager of Human Resources and Administration, Hiroshi Kawakami (Kawakami), declares Koki is a Japanese company; not incorporated Page | 2 anywhere in the United States and maintains no offices here; does not have any registered agents in California; etc. (Kawakami Amended Decl. filed 8/29/22, "3-14.) In opposition, Plaintiff does not contest the prior servic...

Excerpt: ...Miranda in the amount of $2,800.00, payable to Defendant Sunset Sounds within thirty days. Case Summary Plaintiffs filed their Complaint on September 28, 2021, alleging causes of action for (1) negligent trespass; (2) negligent destruction of real property; (3) intentional trespass; (4) intentional destruction of real property and trees; and (5) abatement of private nuisance. The controversy stems from Plaintiffs' allegations that their Defendant...

Excerpt: ...mpetition in violation of Business and Professions section 17200, et seq. Plaintiff seeks to represent all of Defendant's non- exempt employees in California who were subject to its timekeeping policies during the statutory period. In essence, Plaintiff alleges that Defendant required or permitted work outside of the scheduled shifts; failed to pay travel tme and mileage; and failed to reimburse for personal cell phone usage, among other things. ...

Excerpt: ...' Evidentiary Objections: 1. Declaration of Racha Nour: All overruled. (Defendants' should have labeled these objections consecutively rather than by paragraph. 2. Declaration of Alan D. Wallace: All objections, except Objection #4, are overruled. The opinion as to his "general opinion that a reasonably careful real estate professionals [Sicl operating in the field in similar circumstances to Defendants here would have recommended to Plaintiff to...

Excerpt: ... 116, 126; Reed v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this Page 7 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 offe...

Excerpt: ...ph. On August 25, 2022, the Court sustained Chase's demurrer, with leave to amend. Among reasons the Complaint was found uncertain was because Plaintiff did not expressly enumerate any causes of acton. On February 3, 2023, Plaintiff filed a First Amended Complaint. While Plaintiff now has numbered paragraphs, she still has not set forth separately numbered causes of action. Her allegations basically are the same, alleging issues with checking acc...

Excerpt: ...Pe
Ÿ
Ÿoner abandoned his writ pe
Ÿ
Ÿon by failing to Þle an opening brief; (2) the City's response to Pe
Ÿ
Ÿoner's CPRA request was
Ÿmely (as the result of a government holiday); and (3) the pe
Ÿ
Ÿon is moot because the City
Ÿmely produced all responsive documents. Page | 2 Abandonment The City cites Cal. Rules of Court, rule 3.1113(a) and Black Historical Society v. City of San Diego (2005) 134 Cal.App.4th 670, 678 to support its co...

Excerpt: ...its 1-3 attached to Defendant's Request for Judicial Notice filed March 9, 2023. Mohon for Reconsideration: The motion is denied. The Court loses jurisdiction to rule on a pending moton for reconsideration after entry of judgment. (APRI Ins. Co. v. Sup.Ct. (Schatteman) (1999) 76 Cal.App.4th 176, 181 [immaterial that moton to reconsider filed before entry of judgment]; Branner v. Regents of Univ. of Calif. (2009) 175 Cal.App.4th 1043, 1048 ["A mot...

Excerpt: ...ustee of the Donald and Barbara Atkinson Revocable Trust dated 8/23/1994; Richard Lee Atkinson (Richard); All Persons unknown Claiming a Legal Interest in the Real Property Commonly Described as 16586 Paine Street, Fontana, California 92336; and DOES 1 through 50, inclusive: (1) Receivership Against All Defendants; (2) Public Nuisance Against All Defendants; and, (3) Nuisance Per Se Against All Defendants. On November 12, 2022, the City filed a P...

Excerpt: ...ent based on race/color/ethnicity/naäonal origin, age, and disability in violation of FEHA; (3) retaliation in violation of FEHA; (4) retaliation in violation of Labor Cade S 1102.5; and (5) failure to take reasonable steps to prevent harassment, discrimination, and retaliation in violation of FEHA. Now at issue is the District's motion for summary judgment, or in the alternative, summary adjudication directed to each cause of action. For each i...

Excerpt: ... a Court Order even in the absence of an authorization from Plaintiff.12 It would appear that Plaintiff has refused to informally provide an authorization and opposed the instant motion on the grounds that the Court cannot compel her to issue a written authorization because she asserts it is an unauthorized method of discovery to require Plaintiff to produce a written authorization in response to a Request for Production of Documents. The Court w...

Excerpt: ...8) 158 Cal.App.4th 116, 126; Reed v. United Teachers Los Angeles4 Counsel must provide a full lodestar analysis in the motion for final approval. 5 Costs must be documented. The court does not award costs for LEXIS or Westlaw usage (which are considered items of overhead), faxes (also overhead), or photocopying in excess of $0.06 per page. Page 7 (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In ...

Excerpt: ...v. United Teachers Los Angeles Page 3 (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 settlemen...

Excerpt: ...ces Department" and "San Bernardino County Administrative Office" as defendants. In his operative First Amended Complaint (FAC), filed November 10, 2021, Plaintiff alleges the County hired him as Emergency Services Director sometme after his retirement as Fire Chief of upland in 2012. (See FAC "9-18.) The County replaced Plaintiff in February 2020 and ultimately terminated his employment in April 2021. (See id. "29, 43.) Plaintiff alleges: [A]fte...

Excerpt: ...ction, Set One, Plaintiff will produce supplemental responses to Nos. 1-6, 8-13, 16, 18, 20-24, 25, 29, 35, and 37-48. - As to Form Interrogatories, Set One, Plaintiff will produce supplemental responses to Nos. 7.1, 7.2, 9.1, 12.1, 12.3-12.7, 17.1, 20.9, 20.10, 50.1 and 50.2. - Finally, as to special Interrogatories, set one, Plaintiff will produce supplemental responses to Nos. 1, 2, 9-11, 13, 15-32, 35, 35, 39-82, and 84-98. Responses shall be...

Excerpt: ...d objections to the notice of deposition and failed to respond to the RFAs. On January 11, 2023, MBM filed this motion to compel deposition and motion to deem RFAs admitted. Both motions request monetary sanctions. After the motions were filed, Defendant filed a substitution of attorney on February 8, 2023 indicating she would be represented by Vip Bhola. These motions were originally on calendar for February 27, 2023. Defendant filed a late oppo...

Excerpt: ...e files in CIVDS1609443 (San Bernardino Co. superior court), 22STCV11495 (LA. co. superior court), CIVDS2004459 (San Bernardino co. superior Court), all L.A. Co. Superior Court civil filings relating to Henry Aguila, and the Motion for Summary Judgment granted in CIVDS1609443. These documents are not demonstrated to be relevant to the inquiry. In addition, Defendant did not provde a copy of these as required pursuant to Rules of Court, rule 3.130...

Excerpt: ... Schuh v. Cal. Dept. of Trans, et Civ.SB.2029431 (Schuh), and He, et al., v. Cal. Dept. of Trans. , et al., Civ.SB.2102100 (He). Plaintiffs seek leave to file a first amended complaint (three separate motions). For judicial economy and effciency, all three motions are set to be heard on April 6, 2023. All the above cases have all been filed by Plaintiffs' attorney Andrew M. Haskett, and a notice of related cases was filed in each achon on May 13,...

Excerpt: ...Defendant Calma was dismissed with prejudice pursuant to a motion for summary judgment. The remainder of the matter was dismissed without prejudice by Plaintiff on January 19, 2023. According to Plaintiff, the matter was dismissed in order to be re-filed such that Plaintiff may take advantage of AB35, which increases general damages in such medical malpractice matters. Statement of Law Except as otherwise expressly provided by statute, a prevaili...

Excerpt: ...ies had entered into an arbitration agreement. Defendant thereafter undertook to secure a stipulation to arbitrate, did not file motions or propound discovery and filed objections to Plaintiff's discovery to preserve its right to respond if arbitration was not successful. Plaintiff does not assert any substantive unconscionability and his claims of procedural unconscionability either lack evidentiary support2 or are not supported by the case law....

Excerpt: ...dant's request, and for a loan extended at Razo's request. On May 6, 2022, Razo filed an answer admitting three (3) paragraphs and generally denying all other allegations. She also asserted two (2) affirmative defenses. On November 22, 2022, Discover filed this motion for summary judgment. Razo has not filed opposition as of April 4, 2023. DISCUSSION: Although summary judgment might no longer be considered a "disfavored" procedure, the rule conti...