Excerpt: ...uests for production of documents. The original responses consisted solely of objections, but Plaintiff provided supplemental substantive responses to this very (emphasis added) voluminous discovery shortly after the instant motion was filed. Plaintiff opposes the motion via a single omnibus brief, and Defendant replies. The primary issue remaining is sanctions. As explained in more detail below, counsel have serious communication issues which re...

Excerpt: ...unfair business practices; (8) wrongful foreclosure; and (9) cancellation of written instruments. Rushmore Loan Management Services, LLC ("Rushmore"), and US. Bank Trust National Association, as Owner Trustee for Legacy Mortgage Asset Trust 2019-GS5 ("U.S. Bank") (collectively, "Defendants") demurred. At the hearing on December 12, 2022, the Court sustained the demurrer, without leave to amend, to the First through Eighth Causes of Action. The Co...

Excerpt: ...erefore, the Court reiterates its prior tentative ruling: Tentative Rulings As to the Motions: The Court would GRANT these two unopposed motions. Verified responses without objections will be produced within 20 days. As to Requests for Sanctions: The Court would impose sanctions on Plaintiff in the amount of $585 per motion ($1370 in total). Sanctions are payable within 20 days. Case Summary This is a personal injury case stemming from a 2018 aut...

Excerpt: ...ed. Without meeting and conferring, Tate filed the pending motion to deem facts admitted the next day, November 29th. Tate then sent a meet and confer letter on December 1st and filed the pending motions to compel verified responses to the FRog's and RPD's on December 20th. The motions are supported by a declaration from attorney Bryan Whitmer-Cabrera; the discovery and discovery responses; the letter from Golden State; and the responsive letter ...

Excerpt: ...re to reimburse and a claim for civil #naltes pursuant to the Private Attorneys General Act (PAGA). Plaintiff seeks to represent a class of 181 non-exempt employees working for Defendant's operations in California from January 8, 2015 through March 24, 2022. Following the onset of the case, and in connection with anticipated mediation, Defendant provided Plaintiff with key class-wide data points and relevant documents, sufficient for Plaintiff to...

Excerpt: ...p.4th 116, 126; Reed v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (21W6) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through trial, the amount offered in sett...

Excerpt: ...aintiffs leave to amend. On October 17, 2022, Plaintiffs Celia Espinosa and Eduardo Espinosa ("Plaintiffs") filed the operative First Amended Complaint ("FAC"). According to the FAC, on October 14, 2020, Plaintiffs leased a new 2020 Honda CR-V, with express and implied warranties from Honda. (FAC, '1 8.) Defendant American Honda Motor Co., Inc. ("AHM") breached the express and implied warranties because the vehicle suffered from serious defects a...

Excerpt: ... to the Motion to Compel, Supporting Documents, and Minute Order from the Barrera v. Lollicup USA, Inc. matter. GRANT as to the existence of the documents only. (Evid. Code, 5452(d).) As to Plaintiff's Objections: Plaintiff objects to the Shih Declaration generally and specifically are OVERRULED. As to the Motion to Compel Arbitration: 1. Defendant's Motion to Compel Arbitration of Plaintiff's non-representative PAGA claims is GRANTED. 2. Plainti...

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 s...

Excerpt: ...rcement of state labor laws." (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th f, 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 be notified of the settlement and given an opportunity to object. (Lab. Code S ["The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court." I Upon approval, a c...

Excerpt: ...(6) constructive discharges; and (7) unlawful/unfair business practices. Plaintiff was a hazardous materials worker employed by defendant Berkley, involved in the abatement of asbestos, lead, and other environmental clean-up. Defendant Berkley seeks summary adjudication of the issue of constructive discharge attendant to the sixth cause of action of the complaint. During the course of discovery, the plaintiff has raised the contentions, among oth...

Excerpt: ... to pay minimum wages; (4) failure to pay overtime; (5) failure to indemnify/ reimburse; (6) wage statement violations; (7) untimely final pay; (8) unfair business practices under Business and Professions Code, section 1721W; and (9) civil penalties under PAGA. In essence, Plaintiffs allege that they were employed by Defendant as non-exempt employees in Defendants' California workforce, where such violations took place. They seek to represent a c...

Excerpt: ..., (6) failure to prevent discrimination and retaliation, and (7) wrongful termination. Defendants' Motion for Summary Judgment Now, through the pending motion, defendants seek summary judgment, or in the alternative summary adjudication, on the grounds that Flores cannot establish his prima facie case; there was a legitmate business reason for the termination; and Flores was fully accommodated. The facts presented with the motion indicate TiVa cu...

Excerpt: ...urt records]. Objections Defendants object to the 6 declarations submitted by Plaintiffs supporting their Opposition. After reviewing the objections, the Court (1) OVERRULES all 9 objections to Enriquez's declaration, (2) OVERRULES all 21 objections to Vega's declaration, (3) OVERRULES all 3 objections to Riley's declaration, (4) OVERRULES all 12 objections to Koster's declaration, (5) SUSTAINS objection #4, 11, & 13 (improper opinion) to Donnell...

Excerpt: ...nce the Court will grant La Paz's motion to file a cross-complaint. Code of Civil Procedure section 428.50 provides: (c) A party shall obtain leave of court to file any cross-complaint except one filed within the time specified in subdivision (a) or (b). Leave may be granted in the interest of justice at any time during the course of the action. Admittedly, the La Paz has not filed this cross claim within the time required by Code of Civil Proced...

Excerpt: ...eter future ones, and to maximize enforcement of state labor laws." (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77.) The court must find that the plaintiff "has adequately represented the state's interests, and hence the public interest." (ld. at p. 89.) The LWDA must be notified of the settlement and given an opportunity to object. (Lab. Code S ["The proposed settlement shall be submitted to the agency' at the same time that it is submi...

Excerpt: ...y; (3) defendant's breach was a substantial factor in causing the damages; and (4) plaintiff was damaged. (Ladd v. County of San Mateo (1996) 12 Cal.4th 913, 917.) under her first cause of action for negligence, Plaintiff alleges the District "knew or should have reasonably known" Allen "had or was capable of" sexually abusing Plaintiff or other victims. (Comp'. 998.) Plaintiff further alleges the District breached its duties by failing to superv...

Excerpt: ...plaint alleged the vehicle was purchased "used." (Complaint, 98.) On April 14, 2022, the Court sustained Defendant's demurrer to the original complaint with leave to amend, explaining in the minute order: "In order for used vehicles to have ccwerage under the Song-Beverly Act, certain facts must be alleged to provde coverage. While Plaintiff attempts to provide these necessary allegations in his Opposition, the Court cannot consider extrinsic evi...

Excerpt: ...errule 3. Objections to the Points & Authorities: 1 – 9. overrule (objections are proper only as to evidence, not argument) 4. Supplemental Declaration of Julie Weiner: 1-28. overrule Motion: A. Procedural Issue: Plaintiffs have “lodged” certain documents in support of their Opposition. If a party intends to “lodge” exhibits, he needs to cite to a statute, rule of court, or local rule that provides for the “lodging” of exhibits. (Lo...

Excerpt: ...concurrent jurisdiction is subject to waiver and should be raised by demurrer where the issue appears on the face of the complaint and by answer where factual issues must be resolved, followed by a motion to abate or for summary judgment. [Citations omitted.] In Shaw, the defendant did not raise the issue by demurrer or answer, but the Court declined to find waiver because the plaintiffs never argued for it. (Ibid.) Unlike Shaw, plaintiff has rai...

Excerpt: ...dure authorized under the Civil Discovery Act. If no one responds to the website's plea for information, this court is not empowered to compel a response from anyone. Defendants next argue that the website is inaccurate and misleading, in violation of the rules of professional conduct governing lawyers. Defendants have failed to make the requisite showing. The website accurately characterizes the allegations made in the lawsuit. The website does ...

Excerpt: ...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 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 offere...

Excerpt: ...tions, deter future ones, and to maximize enforcement of state labor laws.” (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77.) The court must also find that the plaintiff “has adequately represented the state's interests, and hence the public interest.” (Id. at p. 89.) Finally, the LWDA must be notified of the settlement and thereby be given an opportunity to object. The court has several concerns about the proposed settlement. Couns...

Excerpt: ...quirement appears satisfied. Requests at issue. The subject RFPs request the following original documents for purportedly non-destructive testing: (1) “AIR CRE Standard Industrial/Commercial Multi- Tenant Lease—Net dated November 6, 2020 between Ron Herndon Jr. as ‘Lessor' and Cannextract LLC as ‘Lessee', including page 17 with added handwritten paragraphs.” This lease relates to Units 2 and 3 which Plaintiffs allegedly leased from the ...

Excerpt: ...eed 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 action status through trial, the amount offered in settlement, th...