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: ...ell (“Defendant” or “Burrell”). The Complaint alleges two causes of action for (1) Private Nuisance, and (2) Intentional Infliction of Emotional Distress. According to the Complaint, Plaintiff moved into his apartment at 9550 Fremont Avenue, Apt. J5, Montclair, CA 91763, on May 10, 2019. Defendant Kortnee Burrell occupied an adjoining apartment, Apt. J6. Beginning on May 11, 2019, Burrell made loud noises, including talking and laughing a...

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...

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: ...ility based on a negligence and failure to warn theory. According to the complaint, the incident occurred as Salinas was walking away from the checkout stand with a bag in her hand. The Motion for Summary Judgment/Adjudication Now, through the pending motion, Walmart seeks summary judgment/adjudication, on the grounds that Salinas cannot meet her burden of establishing that the dangerous condition existed for a sufficient time to support a findin...

Excerpt: ...duty; (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. (Compl. ¶98.) Plaintiff further alleges the District breached its duties by faili...

Excerpt: ... Exhibits A-K and M-Q in their entirety. 2. Motion: A. Where the moving party in a motion for judgment on the pleadings is the defendant, the motion is limited to the grounds that the court has no jurisdiction over the subject of the cause of action alleged in the complaint or the complaint does not state facts sufficient to constitute a cause of action against the defendant. (Code Civ. Proc., § 438, subds. (c)(1)(B)(i)- (ii).) Like a demurrer, ...

Excerpt: ...hibit 1 (to both Defendants Bamboo & Catlin's Requests), the First Amended Complaint. The Court would GRANT. 2. As to Exhibits 2-4 (to Defendant Bamboo's Requests), state license information and Statements of Information filings relating to Bamboo, the Court would GRANT as to the existence of such documents only. The existence of a document recorded in the official records of a government body may be judicially noticeable, but its proper interpre...

Excerpt: ...emed a limited civil case. (Gov. Code, §53069.4.) In limited cases, discovery is permissible but limited on the total number of interrogatories, document demands, and admission requests that can be propounded. (Code Civ. Proc., §94.) As a limited civil case authorizes discovery, and the appeal is treated like a limited civil case, it cannot be said that Appellants are denied the right of limited discovery. Arguably vague, Interrogatory #21, the...

Excerpt: ... relief; (3) partition; and (4) constructive trust. The underlying allegations are that Plaintiff and Defendant orally agreed that each would share a one-half interest in the Yucca Valley property at issue. Plaintiff alleges that Defendant agreed to take the loan out for the property as well as pay the down payment and closing costs. The title was, therefore, originally in his name. For her part, Plaintiff alleges that she agreed to pay Defendant...

Excerpt: ...nder Code of Civil Procedure section 2025.450, however, it should be under section 2025.480. By the facts, a deposition notice was served to which Defendant GM objected. Section 2025.450 addresses compelling depositions when no objection is served. An objection was served, and there are entire objections to producing documents and answering questions. Thus, section 2025.480 which applies to objections to deposition questions and documents is more...

Excerpt: ...represented by Counsel (and to this date, he is still represented by Counsel, as Counsel has never filed a proof of service of the signed Order). On November 22, 2021, Plaintiff's Counsel (Eghbali Firm) obtained an Order Granting its Motion to be Relieved as Counsel (“Order”). That Order (¶5(a)) provides that the relief as counsel is effect “upon the filing of the proof of service of this signed order upon the client.” (See also Rules of...

Excerpt: ...te 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 (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...

Excerpt: ...Moriana (2022) 142 S.Ct. 1906. Before Viking River, PAGA claims were not subject to arbitration under any circumstances. (See e.g. Iskanian v. CLS Transp. Los Angeles LLC (2014) 59 Cal.4th 348.) In Viking River, however, the Court held, contrary to Iskanian, that under the Federal Arbitration Act, 9 U.S.C., section 1 et seq. (FAA), a PAGA action is divisible into “individual” and “non-individual” components. In the Viking River lexicon, a...

Excerpt: ... 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, the extent of discovery ...

Excerpt: ...nited 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, the extent...