Excerpt: ...rney to withdraw from its representation falls within the discretion of the trial court, and a trial court properly exercises such discretion if withdrawal can be accomplished without undue prejudice to the client's interests. (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.) The Motion must be accompanied by a declaration that “state[s] in general terms and without compromising the confidentiality of the attorney‐client relationship wh...

Excerpt: ...ngham, resided. (¶¶ 1, 13.) As part of these repairs, MCC instructed Plaintiffs to stop running the water in their home until the repairs were completed. (¶ 13.) On or about February 21, 2017, once the repairs were completed, Plaintiffs noticed the drain in the property was slow and gurgled when used. (¶ 14.) Plaintiffs were out of town from February 25, 2017 through March 11, 2017. (¶ 14.) Upon their return, Plaintiffs were washing clothes ...

Excerpt: ...larations in support of each motion which evidence the same meet and confer efforts. References herein are specific to the declaration in support of Plaintiff's motion to compel re: RFPs, but the same analysis applies to each motion. Page 2 of 14 and motion extension to which GM did not respond. (Macioce Decl. re: RFPs, ¶¶7‐14; Exhs. 4‐ 9.) GM argues the meet and confer was not in good faith because Plaintiff took unreasonable positions and...

Excerpt: ...ts are sought in the amount of $17,901.15. Counsel, however, has failed to present an itemization of costs in a manner that the court can easily evaluate. Rather than summarizing the costs in a single location, the costs are documented in three separate places: the Karim Declaration ($2,304.44), the Westrick Declaration ($4,256.77), and the Crosner Declaration ($11,264.94). None of the costs were easy to Page 2 of 2 locate, because counsel submit...

Excerpt: ...mer Warranty Act), (2) breach of implied warranties (Song Beverly Consumer Warranty Act), (3) violation of the Song‐Beverly Act, Section 1793.2, and (4) negligent repair. Before the Court at this time is Plaintiffs' Motion to Compel Further Discovery Responses from Defendant, and Request for Sanctions (the “Motion”). By way of the Motion, Plaintiffs seek an Order compelling Defendant GM to provide further responses to Requests for Productio...

Excerpt: ...ni Jr. and Monica Theresa Marini own the adjoining property at 42900 Big Bear Boulevard, which is commonly referred to as the Convention Center Property. In response to the initial lawsuit, the Marinis filed a Cross‐Complaint, a First Amended Cross‐Complaint, and a Second Amended Cross‐ Complaint against the Smiths on May 15, 2018, October 10, 2018, and December 7, 2018, respectively. In their Second Amended Cross‐Complaint (SACC), the Ma...

Excerpt: ... had been presented to the Court but had not yet been processed. (Minutes 3/3/21.) Plaintiff requested a Mandarin interpreter, but there was none available at the time. The Court continued the hearing to May 12th so Chen could file an amended expert declaration. On March 10, 2021, Defendants filed an amended declaration of Dr. Sung.5 On May 12, 2021, at the continued MSJ hearing, the Court granted Plaintiff's request for another continuance of th...

Excerpt: ... the fees or costs required to continue the arbitration proceeding are not paid within 30 days after the due date, the drafting party is in material breach of the arbitration agreement, is in default of the arbitration, and waives its right to compel the employee . . . to proceed with that arbitration as a result of the material breach. (b) If the drafting party material breaches the arbitration agreement and is in default under subdivision (a), ...

Excerpt: ...neral Act, Labor Code section 2698 et seq. (“PAGA”). Each cause of action in the class action complaint is expressly predicated on California law: 1. Failure to Pay All Wages Owed, including Minimum Wages (Labor Code §§ 1194, 1197, 1198) 2. Failure to Pay Overtime (Labor Code §§ 510, 1194) 3. Failure to Provide Lawful Meal Periods (Labor Code § 512) 4. Failure to Authorize and Permit Lawful Rest Periods (Labor Code § 226.7) 5. Failure t...

Excerpt: ...she tripped and fell (Wall case). Plaintiff asserts that after her accidents her physical condition deteriorated and she has since developed neuropathic pain and Complex Regional Pain Syndrome. Therefore, she asserts, her medical records overlap. The Justice Declaration filed in support of the motion only was filed in the Wall case. He states that he is attaching copies of medical records to reveal how two doctors are treating Plaintiff for both ...

Excerpt: ...or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code. Procedurally, a motion to amend a pleading must (1) include a copy of the proposed amended pleading, which must be serially numbered to differentiate it from previous p...

Excerpt: ...ntinued to October 18, 2021, and the parties agreed “the cut‐off dates tied to the trial date will not be extended to the new trial date with the exception of expert discovery and the ability to serve supplemental discovery pursuant to CCP sections 2030.070 and 2013.050.” [See, Bennett Decl., Exh. A.] The corresponding Order echoed the language in the Stipulation, and ordered: “The statutory discovery cut‐off with respect [to] supplemen...

Excerpt: ...o the freeway on‐ramp for Ramona Avenue, they drove over an unmarked uplift of the payment, which is part of the draining system, located at the beginning of the on‐ramp. This caused the motorcycle to jump up and driver Page 2 of 9 Courtney Gordon to lose control and crash. (Compl. ¶¶ 2, 4‐5.) Plaintiffs allege the following causes of action: (1) dangerous condition of public property; and (2) negligence. As part of the dangerous conditio...

Excerpt: ... The demurrer is sustained, with thirty days leave to amend. To state a viable cause of action, facts must be alleged which affirmatively show non‐compliance with the ADA and 28 C.F.R § 36.302(e)(1)(ii). Since it may be permissible for a hotel to merely label its rooms, hotel, etc. as “accessible,” the burden is on plaintiff to allege facts demonstrating why that designation violates the ADA and related regulation (See Love v. Wildcats Own...

Excerpt: ...e is mandatory. c. The statute of limitations has expired. According to Talavera's notice to the LWDA, his last day of employment was March 15, 2019. He had one year to file a lawsuit. (Code Civ. Proc., § 340, subd. (a); Brown v. Ralphs Grocery Co. (2018) 28 Cal.App.5th 824, 839.) Under normal circumstances, the limitations period would expire March 15, 2019. Two periods of tolling, however, extended the deadline. Apparently by agreement, the st...

Excerpt: ...rp. v. Structural Materials Co. Page 2 of 8 (1981) 123 Cal.App.3d 593, 604.) 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 taken. (Crowley v. Katleman (1994) 8 Cal.4th 666, 672.) General Demurrer All that is necessary as against a general demurrer is to plead facts showin...

Excerpt: ... Plaintiff does not provide the Court with any authority for the Court to grant this relief by motion and not by a contested trial. “No partition can be had until the interests of all the parties have been ascertained and settled by a trial. Bacon v. Wahrhaftig (1950) 97 Cal.App.2d 599; see further Code Civ. Proc., §872.610. The motion is further defective for failure to join all necessary parties. In a partition action, the “plaintiff shall...

Excerpt: ... left‐hand turn, it was struck by another vehicle being driven by defendant Jonathon Arden, a San Bernardino County Sheriff Officer, who was on duty at the time of the collision, and who was allegedly driving twice the speed limit and without his lights or sirens activated. Page 2 of 6 Through the operative second amended complaint (SAC), Barajas asserts claims for (1) dangerous condition of public property against defendants CalTrans, Town of ...

Excerpt: ...ndment, Laura Moore, Scott Godfrey, Dr. Amy McDonald, and Jeffrey Malan. Jane Doe also dismissed O'Neil without prejudice (as she is apparently now deceased). According to the complaint, the abuse occurred on school grounds and the District was negligent in hiring and Page 2 of 7 retaining O'Neil. Jane Doe further alleges that Davis was informed that O'Neil had falsified an off‐campus lunch permit by signing in place of a parent or legal guardi...

Excerpt: ...ted. a. First and Second Causes of Action: Defendants did not breach any contractual or implied contractual provision of the Trust Deed when they were entitled to collect monies into an escrow account from Plaintiffs to cover property taxes and hazard property insurance, and were entitled to obtain their own property hazard insurance upon no proof of such 2 coverage from Plaintiffs. Plaintiffs breached the Trust Deed when they stopped paying thei...

Excerpt: ...2017, the employee named CMA as a defendant. Mr. Jones eventually dismissed CMA from his lawsuit. (Compl. ¶¶7‐8.) Prior to the accident, WJE used Defendant Genesis as an insurance broker to obtain motor carriers insurance coverage. (Compl. ¶4.) In the Jones action, CMA tendered its defense to WJE and its insurer State National Insurance Company, which was refused. As a result, CMA incurred attorney's fees and costs in defending the Jones act...

Excerpt: ...of an act or omission of the public entity or a public employee or any other person and (b) The liability of a public entity established by this part (commencing with Section 814) is subject 1 The Demurrer states it is being brought by all three defendants. However, only Chaffey is a defendant as to the second cause of action for dangerous condition of public property. Page | 2 to any immunity of the public entity provided by statute, including t...

Excerpt: ... Discrimination in Violation of FEHA; (3) Failure to Prevent Harassment and Discrimination in Violation of FEHA; (4) Retaliation for Whistleblowing Activities in Violation of Labor Code section 1102.5; and (5) Intentional Infliction of Emotional Distress. This case was consolidated for law and motion purposes and transferred to Dept. 28 with four other cases, CIVDS2012538, CIVDS2012926, CIVSB2025375, and CIVSB2025900. In the Aboud v. Valdivia mat...

Excerpt: ...efendant Steel Machinery answered; no answer, default, or dismissal is on file for Delta Steel. The Complaint alleges Plaintiff McKey lost two fingers from his right hand on October 30, 2016, while using a Delta Leveling Line that was sold by Defendants Delta Steel and/or Steel Machinery. Defendant Steel Machinery filed a Cross‐Complaint against California Steel Services, Inc. fka Tehran Sanaat (esa Tehran Sanaat, Inc. dba California Steel Serv...

Excerpt: ...n to strike were filed but before they were heard, the operative First Amended Complaint was filed on December 7, 2020, alleging the following causes of action: (1) breach of duty of care; (2) breach of contract; (3) fraud / intentional misrepresentation; (4) conspiracy tort – fraudulent misrepresentation; and (5) intentional infliction of emotional distress. DISCUSSION Legal Standard – Demurrer A demurrer challenges defects appearing on the ...

Excerpt: ...ent Infliction of Emotional Distress; and (8) Intentional Infliction of Emotional Distress. 2 DISCUSSION Overall Demurrer Standard 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 364, 367; Hernandez v. City of Pomona (1996) 49 Cal.App.4th 1492, 1497.) As a general rule, in testing a pleading against a demurrer, the facts alleged in the pleading are deemed tr...

Excerpt: ...e grounds that no cause of action is stated is sustained. 1The Court interprets Plaintiff's non‐ opposition as a concession that the demurrers/motion to strike are well taken as to some or all of the grounds asserted by moving Defendant. (Los Angeles Equestrian Center, Inc. v. City of Los Angeles (1993) 17 Cal. App. 4th 432, 450, citing Biljac Associates v. First Interstate Bank (1990) 218 Cal App. 3d 1410, 1420, overruled on a different point....

Excerpt: ...oyed certain information on a protected computer within the meaning of the statute. Due to Defendant's alleged actions, Plaintiff seeks punitive damages from Defendant. (See FAC ¶ 82 and Prayer for Relief, ¶ 7.) Contrary to Defendant's arguments and assertions, Plaintiff has alleged sufficient facts in her FAC to allow for recovery of punitive damages if those damages are available based upon the causes of action alleged. However, Defendant arg...

Excerpt: ... on Highway US 395 in an unincorporated area of San Bernardino, defendants “negligently and carelessly owned, operated, maintained, entrusted and repaired their vehicle, that the same was caused to, and did, strike plaintiff's vehicle, causing plaintiff to sustain personal injuries [sic].” (Compl. ¶ 5.) Plaintiffs' complaint includes two causes of action: (1) negligence; and (2) loss of consortium (by Lupe). DISCUSSION Statement of the Law A...

Excerpt: ...ning property and business affairs of the judgment debtor.” (Lee v. Swansboro County Property Owners Assn. (2007) 151 Cal.App.4th 575, 581; Young v. Keele (1987) 188 Cal.App.3d 1090, 1093 [“[T]he examination is intended to be summary and factual according to the widest scope for inquiry concerning property and business affairs of the debtor; the object of the proceeding being to compel the judgment debtor to give information concerning his pr...

Excerpt: ...ight to exclude any such evidence upon proper objection during the trial depending upon what occurs at trial. The denial or grant of these motions is without prejudice. Motion in limine #1 – Exclude Evidence of Defendant Daniel Radoccia's Military Service: Grant. Motion in limine #2 – Reference to Medi‐Cal Insurance and other requests: Grant in part. Evidence that Plaintiff receives medi‐Cal insurance benefits is precluded. Evidence that ...

Excerpt: ...l Notice: The Court grants judicial Notice of Exhibit E but denies the balance of the Request as unnecessary as the Court can take judicial notice of court pleadings, without a request. Plaintiff's Evidentiary Objection to Declaration of Edward Sussman: 1. Overrule 2. Sustain 3. Overrule 4. Sustain Defendant's Evidentiary Objection to Plaintiff's Evidence: 1. – 4. Overrule Note: To the extent Defendant is objecting to Plaintiff's separate state...

Excerpt: ...27, 2021. Based on the supplemental briefing, the motion is granted. The settlement is within the appropriate range considering the factors set forth in Tech‐Bilt, Inc. v. Woodward‐Clyde & Associates (1985) 38 Cal.3d 488, 499. The Settling Defendants' Financial Condition The settling defendants have made a prima facie showing of limited financial resources that can be directed to a settlement fund. Although a settling defendant's financial co...

Excerpt: ...rer, all facts pleaded in the complaint are assumed to be true however improbable they may be. (Aubry v. Tri‐City Hosp. Dist. (1992) 2 Cal.4th 962, 966‐967.) However, the Court does 2 “not accept as true contentions, deductions, or conclusions of fact or law.” (In re Ins. Installment Fee Cases (2012) 211 Cal.App.4th 1395, 1402, citing Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) B. Meet and Confer Requirement U...

Excerpt: ...fendants failed to pay minimum wages, overtime wages, and rest period wages, such that these wages were not paid twice monthly because they were not paid at all. Candy Shops, Inc. v. Superior Court (Silva) 210 Cal.App.4th 889, however, held that section 204 addresses only “how wages have been paid,” not “what wages are owed.” (Id. at pp. 904‐905.) Plaintiff argues that Candy Shops is inapplicable because it did not involve a claim for p...

Excerpt: ... of public access. Due to the commercial interest, a substantial probability exists that the interest will prejudiced if the information is not sealed. However, the entirety of the documents do not need to be sealed. The parties have failed to file redacted documents as directed. Before granting the motion, the court needs to review the proposed redactions. 2. Motion to sequence discovery: Grant. Williams precludes requiring the representative pl...

Excerpt: ...The correct Arbitration Agreement (Exhibit C, rather than Exhibit B) only required employees to sign the agreement if they consented to arbitration. Therefore, defendant's evidence is sufficient to show, at least prima facie, that plaintiff signed. Significantly, plaintiff fails to submit a declaration denying that she signed; she only argues that defendant's showing is insufficient. She is mistaken. A document which has been destroyed or is othe...

Excerpt: ...6) intentional interference with contractual relations; (7) intentional interference with prospective economic interests; (8) negligent interference with prospective economic advantage; (9) unfair business practices (Bus. & Prof. Code, § 17200); (10) declaratory relief; (11) accounting; and (12) unjust enrichment. In May 2020, CMI approached AWL regarding warehousing and shipping needs. Mark from AWL made representations regarding having require...

Excerpt: ...ence; (4) fraud; and (5) conversion. 2 Proof of service was filed as to Adaimy by substitute service by leaving a copy with Mr, Adaimy's wife and a follow up mailing. (See February 11, 2021 proof of service.) Geico was personally served on December 8, 2020. (See December 18, 2020 proof of service). On March 23, 2021, Plaintiff requested entry of default, which was entered by the Clerk, on March 23, 2021 against Defendant Abdo Adaimy. Thereafter, ...

Excerpt: ... the history of difficulty in obtaining the deposition of Valeko, Valeko's demand to take the depositions of Defendants' employees prior to his deposition, Valeko's refusal to attend noticed depositions and objections, and the issues raised at the discovery conference. (Yang Decl. at ¶¶2‐14.) Yang's testimony regarding Valeko's refusal to answer simple questions regarding his ability to give competent testimony which could be later used at tr...

Excerpt: ...meliness grounds. Plaintiff Martinez, however, has not responded to the motion. If Martinez objects to untimely service, the court will continue the hearing. If Martinez does not object, the hearing will proceed as scheduled. Defendant moves to stay the coordinated cases pending resolution of the Lopes case in Alameda County and the settlement in the Diaz case in Orange County. Defendants argue the claims are issue are largely subsumed by those t...

Excerpt: ... with merits discovery deferred to the second phase, after a ruling on class certification. Most of the discovery in the first phase will be directed to defendant's policies, procedures, and practices, which will encompass the extent of control defendant exercised over the putative class members, a primary issue for misclassification claims. The detailed discovery regarding damages, and the substantial expense involved in conducting that discover...

Excerpt: ...tly received favorable performance reviews. (¶¶ 9‐10.) In January 2020, Plaintiff notified human resources and his immediate supervisor of the need to take a two‐ week leave, under the California Family Rights Act (CFRA), so he could care for his mother, who was scheduled to undergo hip replacement surgery on February 17, 2020. (¶¶ 11‐13.) While Plaintiff's leave request was granted, he was advised upon his return on March 2, 2020 that ...

Excerpt: ...) Statement of Law – Motion to Compel Arbitration 2 California Law Code of Civil Procedure sections 1280 et seq. provide a procedure for the summary determination of whether a valid agreement to arbitrate exists, and such summary procedure satisfies both state and federal law. (Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th394, 413.) Under Code of Civil Procedure section 1281.2, a party to an arbitration agreement may move t...

Excerpt: ...g inappropriate comments about his deceased mother, ridiculing his belief in God, calling him and co‐worker Robert lovers, and watching/leering at him and Robert while they changed in the locker room. Although he complained to his supervisor Ibarra, Murillo would deny them and then make false accusations against Mendoza. Ibarra would then write off Mendoza's complaints as silly and a waste of his time. Due to Murillo's false claims against him,...

Excerpt: ... allowed. Instead of addressing the prejudice issue, the opposition only focuses on Cabrera's purported prior knowledge of Nancy's identity and the purported time‐ barred nature of the claims. The Court has discretion to deny leave to amend where the proposed pleading is barred on its face (Kittredge Sports Co. v. Superior Ct. (1989) 213 Cal.App.3d 1045, 1048; California Casualty General Ins. Co. v. Sup.Ct. (Gorgei) (1985) 173 Cal.App.3d 274, 2...

Excerpt: ...e or summary listing all the key information would be helpful, rather than requiring the court to ferret out the information. Nevertheless, the settlement appears to be fair and reasonable for the class, for the LWDA, and for the aggrieved employees. The amounts to be deducted from the gross settlement amount for attorney fees, administration costs, incentive fees, and employer‐side payroll taxes are all reasonable and appropriate. Counsel, how...

Excerpt: ...er compelling the parties to arbitrate a dispute covered by the agreement. California Code of Civil Procedure section 1281.2 provides in pertinent part that: [T]he court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for rescission...

Excerpt: ...hese motions were filed, even with a courtesy meet and confer letter. In opposition, Plaintiff's counsel, Edward Shkolnikov provides a declaration claiming that a recent move to a new office caused them to fall behind on work and that the discovery was mistakenly not calendared for a response. Counsel blames himself (and his paralegal) for the failure. He also claims he missed the meet and confer letter due to the volume of emails he receives. Th...

Excerpt: ...nd the records contained there so a formal request is unnecessary. (See Columbia Cas. Co. v. Northwestern Nat'l Ins. Co. (1991) 231 Cal.App.3d 457, 473.) The Court has reviewed its file, Exhibits A 2 through D, as well as the Petitions for Guardian ad Litem and Orders for: Jane LLN Doe, entered September 6, 2019; Jane LSC Doe entered August 16, 2019; Jane LSK Doe entered September 25, 2019; Jane LHE Doe entered July 27, 2020, and Jane LGD Doe ent...