Excerpt: ...012) 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 completed and t...

Excerpt: ...the Mansukhani Action. The Court would GRANT and take judicial notice of the existence of the referenced court documents. Although a court may take judicial notice of the existence of judicial opinions, court documents, and verdicts, it may not take judicial notice of the truth of the hearsay statements within or of the factual findings made in those other actions. (Johnson & Johnson v. Superior Court (2011) 192 Cal.App.4th 757, 768.) As to Cross...

Excerpt: ...rifications, the parties agreed to the deadline. These motions are brought more than a year after either date (the deadline agreed to by the parties or the deadline ordered by the court). These motions are therefore denied. Set 2 of Requests for Production The requests embrace tax returns, balance sheets, profit and loss statements, and other documents demonstrating defendant's financial condition during the liability period. Defendant objects on...

Excerpt: ...claims asserted by plaintiff. The issue is whether Precise Distributions, a non-party, can enforce it under theories of third- party beneficiary, equitable estoppel, or agency. Third Party Beneficiary Plaintiff fails to demonstrate that the doctrine of third party beneficiary applies. A third party's rights under a contract are predicated upon the contracting party's intent to benefit that person. (Civ. Code, §1559; Hess v. Ford Motor Co. (2002)...

Excerpt: ...Interrogatories (SRG), Request for Production of Documents (RFPs), and Request for Admissions (RFAs), which Hussain opposed. On October 5, 2022, the Court heard Plaintiff's Motion to Compel Hussain's Initial Responses to Form Interrogatories (FRG), Special Interrogatories (SRG), Request for Production of Documents (RFPs), and Request for Admissions (RFAs) and made the following findings and rulings: Page | 5 (1) The Court granted Plaintiff's Moti...

Excerpt: ...abuse ‘after considering the totality of the circumstances: [the] conduct of the party to determine if the actions were willful; the detriment to the propounding party; and the number of formal and informal attempts to obtain the discovery.' [Citation.]” (Ibid.) “It is well established ‘the purpose of discovery sanctions “is not ‘to provide a weapon for punishment, forfeiture and the avoidance of a trial on the merits,'” ... but to ...

Excerpt: ...ir of the Judicial Council of the removal, but indicated that the coordinated proceedings would remain open due to the possibility of remand. On April 13, 2022, counsel informed the court that the matters were remaining in federal court. This court therefore scheduled an order to show cause why the coordinated proceeding should not be closed on June 24, 2022. On June 24, counsel advised the court that the matters were settling and that a motion f...

Excerpt: ...aint, and awarding Nulook $7,304.66 plus prejudgment interest of 10% per annum dating back to August 4, 2016. On November 21, 2022, Nulook filed its memorandum of costs seeking $7,002.42, along with a supporting declaration from counsel containing receipts. On December 8, 2022, M N M filed the instant motion to tax costs. Nulook opposes. No reply is on file to date. DISCUSSION Statement of the Law Except as otherwise expressly provided by statute...

Excerpt: ...ler also does not argue that the amendment would be time barred or address whether the new claims should relate back to the initial filing. (Opposition at 2:6-7 [defendant will not analyze the proposed pleading as that would be improper in connection with the motion for leave].) Page | 2 What Miller does argue is that the motion is not timely as Whitten was aware of the Suicas' purported percipient status in November 2020 and he fails to explain ...

Excerpt: ...n the judgment. (Highland Springs Conference & Training Center v. City of Banning (2016) 244 Cal.App.4th 267, 280 [“Highland Springs”].) The addition of an alter ego is an equitable procedure based on the theory that the court can insert the correct name of the real defendant. (Ibid.) Page | 2 The request to amend should be by a notice motion. (Highland Springs, supra, 244 Cal.App.4th at p. 280.) The Court need not hold an evidentiary hearing...

Excerpt: ...tract action against Defendant City of Redlands (“Defendant” or “Redlands”). Plaintiff's complaint included five causes of action: (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; (3) reformation; (4) declaratory relief; and (5) promissory estoppel. On August 5, 2022, the Court denied the notice of related cases filed by Coyote and found this action was not related to LLTVA2200544. On October 12, 2022...

Excerpt: ...enticated with no indication of author, custodian, date, purpose, reliability or veracity].) As to Plaintiff's Motion for Prejudgment Possession The Court would GRANT SBCTA's Motion for Prejudgment Possession. Case Summary This is an eminent domain action for the acquisition of a permanent street easement and temporary construction easement over a portion of 931 W. Holt Boulevard in Ontario, California. On March 29, 2022 SBCTA filed its suit agai...

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 s...

Excerpt: ...eme Court's holdings in Adolph v. Uber Technologies. Case Summary On January 18, 2022, Plaintiff Donna Thomas filed this putative wage‐and‐hour class action against Defendant Ocelot Engineering, Inc. The operative First Amended Complaint (FAC) added a cause of action for civil penalties under the PAGA. The FAC alleges causes of action for (1) failure to pay minimum wages; (2) failure to pay overtime compensation; (3) failure to provide meal p...

Excerpt: ...en (Riden), who was a locker room attendant and assistant coach, placed at least one hidden camera in the girls' bathroom. Plaintiff brought her action originally on December 14, 2021, hoping to represent herself and other female students who attended the subject school any time between January 1, 2015 and 7 August 24, 2021. The Court sustained the District's demurrer with leave to amend on November 21, 2022, and Plaintiff her First Amended Compl...

Excerpt: ...rbitration agreement may compel or be compelled to arbitration in six circumstances: (1) thirdparty beneficiary, (2) incorporation by reference, (3) agent, (4) equitable estoppel, (5) alter ego/pierce the corporate veil, and (6) assumption. (Young Seck Suh v. Superior Court (Cha Hollywood Medical Center, L.P.) (2010) 181 Cal.App.4th 1504, 1513; Boucher v. Alliance Title Company, Inc. (2005) 127 Cal.App.4th 262, 268.) Equitable estoppel associated...

Excerpt: ...ital Med. Center v. Belshe (1997) 56 Cal.App.4th 819, 831 [trial court rulings have no precedential value].) On the Motion to Compel Arbitration: 1. Defendant's Motion to Compel Arbitration of Plaintiff's non‐PAGA claims is GRANTED. 2. The Court would DELEGATE the decision whether arbitration may proceed on a class basis to the arbitrator. 3. Plaintiff's PAGA claim is STAYED pending completion of arbitration 3 Case Summary Plaintiff filed this ...

Excerpt: ...d proposed amended complaint be deemed filed and served as of the date this motion is granted. The proposed First Amended Complaint seeks to add a claim for punitive damages based upon the fact that Defendant disclosed in discovery that he was looking down at his cell phone when he rear‐ end Plaintiff's vehicle. The additional allegations added in the proposed First Amended Complaint are located in the following paragraphs: (1) Paragraphs 9‐1...

Excerpt: ...endant Sedillo filed a supplemental declaration in support of the motion, testifying the only insurance policy he would have in place was the one with National General, policy number 2007805533, with a policy limit of $50,000 per person involved in an accident, with $100,000 per accident. (Sedillo Supp. Decl. at ¶2.) Defendant Chiaramonte was not employed by Sedillo on October 7, 2020, the date of the accident. (¶3.) Sedillo was not in the vehi...

Excerpt: ...3) breach of loyalty; (4) intentional interference with prospective economic advantage; (5) unfair competition; and (6) unjust enrichment. Plaintiff essentially alleges that, unbeknownst to it, Defendant Urbina incorporated JNS Supplies, Inc. (Defendant JNS) and forwarded information and trade secrets to it in order to steal Plaintiff's business. On March 24, 2021, Defendant Urbina cross‐complained against Plaintiff and others alleging (1) fail...

Excerpt: ...irected at the sufficiency of the allegations on the face of the complaint just like a demurrer. Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999 [rules governing demurrers generally apply to motions for judgment on the pleadings]; Code of Civ. Proc. §430.10, subd. (e); Gruenberg v. Aetna Ins. Co. (1973) 9 Cal.3d 566, 572 [demurrer proper only when the facts alleged on the face of the complaint fail to state any valid claim].) Here...

Excerpt: ...10, subd. (f), uncertainty. The moving party complied with the meet and confer requirements before the motion was filed. A demurrer challenges the sufficiency of a pleading by raising questions of law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; ABF Capital Corp. v. Berglass (2005) 130 Cal.App.4th 825, 833.) As such, the only issue involved in a demurrer hearing is whether the complaint, as it stands, unconnected with extraneous matters, states a...

Excerpt: ..., Rule 3.1113(l).) The Court further finds them irrelevant and unnecessary. As to the Motion to Stay: DENY. No authority is provided for a unilateral stay of the case pending compliance with Discovery Orders. As to the Motion to Compel & Sanctions: The Court GRANTS 2 the motion to compel supplemental responses as follows: 2 The parties may hire a discovery referee if discovery is to remain contentious. To the extent that is cost prohibitive, the ...

Excerpt: ...sition Attendance of GM's Person Most Qualified and Custodian of Records (PMG Motion). GM opposes both motions and Plaintiff has replied. The Motions currently are on the Court's January 26, 2023 law and motion calendar. At the outset, the Court is disappointed with counsel's lack of cooperation and effort in resolving their differences before seeking Court's intervention. Counsel for both sides are put on notice that the Court will issue monetar...

Excerpt: ...ation of the Song‐Beverly Act [against FCA]; and (5) negligent repair [against the Dealership]. FCA and the Dealership answered. The also each filed motions to compel arbitration. However, along with his opposition to FCA's motion, Plaintiff filed a request for dismissal of the Dealership. FCA replied to Plaintiff's opposition to its motion to compel arbitration. As the result of Plaintiff's dismissal of the Dealership, FCA is the only remainin...