Excerpt: ...t lists attachments, but they do not show on Odyssey: EXHIBIT A — WARRANTY DEED EXHIBIT 8 — GRANT DEED EXHIBIT C — QUITCLAIM DEED and EXHIBIT D — WILL The Complaint concerns real property which Plaintiff, decedent Gloria Guerrero's son, quitclaimed to his mother on August 13, 2015, allegedly for no consideration. Plaintiff claims there were oral agreements that the property would still be his, despite his mother moving onto the property i...

Excerpt: ...ted on injury, such that even settlement of a claim does not destroy standing. (See Kim v. Reins International California, Inc. (2020) 9 Cal.5th 73, 83-84.) Kim provded the underpinning for Adolph v. uber Technologies, Inc. (July 17, 2023, S274671) cal.5th [2023 WL 4553702, at p. *8], where the Supreme Court held that a trial court should stay, not dismiss, the non-individual PAGA claims when the individual PAGA claim proceeds to arbitration. The...

Excerpt: ...oad 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 the stage of the proceedings, the experience and views o...

Excerpt: ...of the cases (Stapleton and Hogan). A motion to quash service of the summons and complaint is pending a third (Devalasco). A fourth (Alvarez) is in arbitration. The sixth and seventh (Hassan and Quedo) have pending motions to compel arbitration (with Quedo's scheduled for hearing the same date as this hearing).4 And in three more (Le and the two Mulcher cases), Madden has raised arbitration as an affrmatve defense. Notwithstanding these substanti...

Excerpt: ...rrez v. State Ranch Servs. (1983) 150 Cal.App.3d 83 [prejudgment interest stricken because Civil Code S 3291 was not yet in effect.) Stater Page | 3 Bros. argues that because, as of June 1, 2023, Vaughn has not made a S 998 offer, then she is not entitled to prejudgment interest and it must be stricken from the complaint. Civil Code S 3291 states the following: In any action brought to recover damages for personal injury sustained by any person r...

Excerpt: ...y, plaintiff's feeling of being rushed and not given sufficient time to read everything may be factors to consider in the unconscionability analysis, but are not a factor in determining whether she entered into the agreement. Plaintiff does not dispute that she clicked "l Agree" on the day she was hired. Identification of the Parties to the Agreement Plaintiff argues that the agreement is unenforceable because it identifies the parties "Employee"...

Excerpt: ...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 have been notified of the settlement and given an opportunity to object. The Proposed Settlement Gross Settlement Amount: $ 380,000.00 Attorney Fee: $ 126,667.00 costs: S 20,841.71 Administration Fee: $ 7,500.00 service Awards (2): $ 20,000.00 Net se...

Excerpt: ...onsible, namely, defendants Trien Dang, M.D.; Chino Medical Group, Inc., dba My Family Medical Group (CMG); Miguel Cervantes-Lopez, M.D.; Casa Colina Hospital (Casa); and Centers for Healthcare. The operative first amended complaint (FAC) contains one claim for medical malpractice. The FAC indicates that on or about July 1, 2020, Gomez obtained medical treatment from CMG related to a sore throat and a "swollen bump on [his] neck." (FAC at 15.) Th...

Excerpt: ...ously with the instant motion. The FAC alleges class wage-and-hour claims consistent with the underlying basis for her representative PAGA action, namely alleging violations related (1) rest breaks; (2) meal periods; (3) wage statements; (4) final pay; as well as (5) unfair competition in violation of Business and Professions Code sections 17200, et seq., and (6) civil penalties pursuant to PAGA The Court's tentative is to grant leave to file the...

Excerpt: ...rs, LLC (GM), was purportedly given a reasonable opportunity to do so, the vehicle was not repaired. GM also failed to replace the vehicle or make restitution. Based on these allegations, Plaintiff commenced the underlying action on June 28, 2021, against GM for (1) breach of the implied warranty of merchantability under the Song-Beverly Consumer Warranty Act and (2) breach of express warranty under the Song-Beverly Consumer Warranty Act. Plainti...

Excerpt: ...C; MTV Holdings, LLC; and Bubba Likes Tortillas, LLC (Plaintiffs) then commenced the underlying lawsuit against the City and its City Manager, Andrea Miller, alleging defendants engaged in a "pay for play" scheme; committed government waste; failed to provide the full scoring rubrics used to determine the licenses; the scoring was not conducted rationally; and defendants failed to follow proper procedure and the Brown Act. Overall, the complaint ...

Excerpt: ...ng judicial notice of Superior Court's register of actions].) As to the Motons to Intervene: The Court would DENY. Case Summary The Cases Relating to Movants: Give the size of Defendant Walmart, it is perhaps not surprising that there are quite a number of other cases that make identical or similar wage-and-hour claims. Relevant here are: The Hamilton/ Hernandez Actons—On June 13, 2019, Petitioner Hamilton filed a wageand-hour class action in s...

Excerpt: ...e, which is included in coordinated proceedings in JCCP 5237. In that case, the Coordination Motion Judge in Sacramento Superior Court granted the petition for coordination, but the Chief Justice has not yet been appointed a Coordination Trial Judge. Those proceedings are stayed pending the appointment of a judge. If Chavez's claims in this case are identical or substantially overlap the claims asserted in his coordinated case, it appears that by...

Excerpt: ...ut of or in any way relating to this Agreement, the Facility or any of the Resident's stays at the Facility, including disputes regarding the making, [enforceability, etc.] of this Agreement...." The document also indicates it was the intent of the parties to bind the resident and "his/her successors, spouses, children, next of kin, guardian, administrator, legal representative, Responsible Party, assigns, agents, attorneys, health care proxies, ...

Excerpt: ...a class action lawsuit in Los Angeles Superior Court. Though Cartwright sought penalties under PAGA, and Gonzales sought damages on of a putative class, the two cases overlapped substantially in terms of the Labor Code sections allegedly violated. On September 24, 2020, Jerome Pruett was added as an additional plaintiff in the Cartwright case. Defendants answered on October 30, 2020. On April 26, 2021, Gonzales was transferred to this court and a...

Excerpt: ...2) 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, an "individual" PAGA ...

Excerpt: ...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 achon status through trial, the amount offered in settlement, the extent of discovery completed an...

Excerpt: ...r implied by conduct. (Code Civ. Proc. S 430.10, subd. (g).) . In this instance, Defendant Qi argues that Plaintiff fails to adequately plead a breach of contract claim because "the written agreement that is attached to the Complaint does not require [defendant] to cause the transfer to be reflected on the books and records of the Corporation as agreed" or for Defendant Qi "to make an amendment with the California Secretary of State to change the...

Excerpt: ...8. The vehicle was repossessed on September 1, 2018, and was sold at auction. This case seeks the unpaid balance. The instant suit was filed on August 18, 2022, and on October 17, 2022, Defendant filed an answer admitting each allegation but requesting monthly payments. Statement of the Law Summary judgment is proper where there is no triable issue as to any material fact and the moving party is entitled to judgment as a matter of law. (Code Civ....

Excerpt: ...ed 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 settlement, t...

Excerpt: ...ail, Inc. (21W8) 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 risk of maintaining class achon status through trial,...

Excerpt: ...CC now demurs to each of the causes of acton on the grounds that they fail to state sufficient facts. In particular, CCC argues state agencies are not "persons" for purposes of 42 U.S.C. section 1983; Education Code section 200 is a policy statement and not a private right of action statute; public schools are not "business establishments" for purposes of the Unruh Act and no animus is alleged; and the declaratory relief claim fails since the vac...

Excerpt: ... therefore ordered to the arbitrator to make those decisions. 2. The arbitrator, not the court, will decide whether the parties should be ordered to non-binding mediation pursuant to the agreement, which the arbitrator will determine is enforceable or unenforceable. 3. The parties agreed that the court, not the arbitrator, would decide the issue whether the class action waiver is enforceable. It is, and the class claims are therefore stricken. 4....

Excerpt: ...ntly connected to unlawful conduct within the limitations period." (Richards v. CH2M Hill, Inc. (2001) 26 Cal.4th 798, 802.) An employer's series of unlawful actons "should be viewed as a single, actionable course of conduct if (1) the actions are sufficiently similar in kind; (2) they occur with sufficient frequency; and (3) they have not acquired a degree of 'permanence' so that employees are on notice that further efforts at informal conciliat...

Excerpt: ...App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2005) 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 the stage of the pro...

Excerpt: ...nscionability has a procedural component and a substantive component. Both are required for the court to deny enforcement of the delegation clause. This delegation clause arguably has an element of procedural unconscionability because is not prominently displayed, but is found in the middle of a lengthy paragraph entitled "Applicable Law and Construction/waiver of Jury Trial" which addresses several different topics in addition to the delegation....

Excerpt: ...urt rule or order of court." (Code Civ. Proc., S 436.) Plaintiffs move to strike Defendants' answer on the ground it was not timely filed. Plaintiffs are correct that Pyciak failed to timely file an answer. That cannot necessarily be said for the other defendants because it is unclear when, or if, they were ever served with the summons and complaint. Regardless, as Defendants correctly argue, the filing of an answer prevents entry of default. (Se...

Excerpt: ...nally served Plaintiff with the summons and complaint. (See Proof of Service, filed 7/10/23.) On August 19, 2019, the Court Clerk entered default and default judgment against Defendant, and in favor of Plaintiff, in the amount of $2,870.96 (inclusive of $312 in costs). On June 23, 2023, Defendant filed this motion to set aside default and default judgment. Plaintiff filed a timely opposition. Defendant did not file a reply. II. DISCUSSION Defenda...

Excerpt: ... on August 23, 2021, under case no. CIVSB212455, against Specialized Loan Servicing, LLC (Specialized), The Mortgage Law Firm (TMLF), Greenpoint Mortgage Funding, Inc. (Greenpoint), Wells Fargo Bank, National Association (Wells Fargo), and later dismissed parties. On December 15, 2021, Whisler also commenced case no. CIVS82132900 against more than 20 defendants. The two cases are currently active and have since been consolidated. The two consolid...

Excerpt: ...sic] amended complaint." The court views this directive more in the nature of case management, rather than a strict deadline for amendment. The May 31 minute order also reserved a hearing date for defendant's contemplated motion to compel arbitration, which the court scheduled for hearing on October 17, 2023. It appears that the reason for directing plaintiff to file a stipulation or motion within 30 days was to assure that the motion to compel a...

Excerpt: ...s; (6) wage statement violations; (7) payroll record violations; (8) unfair business practices; and (9) civil penalties under the Private Attorneys General Act (PAGA). Per the terms of the currently proposed settlement, Plaintiff would represent a class of all non-exempt employees employed in California directly by Smart Warehousing LLC — or employed and placed by Skilled Staffing, Inc. to work at Smart Warehousing, LLC, in California —at any...

Excerpt: ...itez, Jr. (Benitez) and owned by defendant Fresenius Medical Care Holdings, Inc. (Fresenius). In his complaint filed on October 2, 2020, Trujillo alleges he was driving on 1-15 in Ontario when Benitez failed to travel in an appropriately designated traffc lane and failed to maintain a proper lookout and distance between vehicles, causing a forceful impact with Trujillo's vehicle. The complaint alleges four (4) causes of action: (1) negligence; (2...

Excerpt: ... a stay of these proceedings pursuant to Code Civ. Proc. 51281.4 which requires the court to impose a stay of litigation whenever a court has ordered arbitration of a controversy that is an issue in the litigation. (See, e.g., MKJA, Inc. v. 123 Fit Franchising, LLC (2011) 191 Cal.App.4th 643, 647.) In the acton that was ordered to arbitration, Petitioner Garrick's claims that he is being denied access to corporate information. In paragraph 90 of ...

Excerpt: ...ers 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 achon status through trial, the amount offered in settlement, the extent of discovery comp...

Excerpt: ...nsider the issuance of sanctions against the non-complying party. DEMURRER: 1. All Causes of Action are uncertain: The demurrers for uncertainty are overruled. 2. First through Third Causes of Acton: The demurrers are sustained with thirty days leave to amend. The Plaintiff has not properly alleged respondeat superior or ratification. The generalized allegations in paragraph 15 and 16 are not enough to impute the intentional torts of Defendant Ch...

Excerpt: ...eles (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 t...

Excerpt: ...ising from those risks deemed inherent in a sport; as a matter of law, others have no legal duty to eliminate those risks or otherwise protect a sports participant from them"]; Knight v. Jewett (1992) 3 Cal.4th 296, 314-15.) However, a defendant has a duty to use due care not to increase the risks to a participant over and above those inherent in the activity. (Kahn v. East Side Union High School Dist. (2003) 31 Cal.4th 990.) Furthermore, a defen...

Excerpt: ...and Hashim. Choudhry. On October 27, 2017, default was entered against the two corporate defendants—H&lC Bros. Corp. and Choudhry Enterprises Inc. On January 30, 2018, all four defaults were set aside by stipulation and order. The parties' stipulation states that defendants had "served their Answer to the First Amended Complaint timely, however, [their] attempted filing... was rejected due to credit card information errors." (Stip. & Order at p...

Excerpt: ...tion") were "cancelled, retracted, withdrawn, or successfully challenged in an administrative or judicial proceeding" for purposes of Cal. Code Regs. ht. 22. S 66271.54. subd. (a)(2). 2. Whether DTSC breached the LA Action settlement agreement by: (a) Issuing inspection violation scores that included violation(s) encompassed by the LA Action settlement agreement: or (b) Including in Hazmat's 2019-2021 Facility VSP Scores the score(s) for any viol...

Excerpt: ...f Class Acton Settlements 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. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 125; 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.A...

Excerpt: ...atively from the dates alleged; it is not enough that the complaint might be barred. (Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal.App.4th 1397, 1403.) Fraud is subject to a three-year limitation period. (Code Civ. Proc., 5338, subd. (d); E-Fab, Inc. v. Accountants, Inc. services (2007) 153 cal.App.4th 1308, 1316-17 ["E-Fab"l.) It does not accrue until the aggrieved party discovers the facts that constitute the fraud or mistake. (Code of Civ...

Excerpt: ...efendants intend to strike Plaintiff's entire cause of action for punitive damages/exemplary damages. Defendants are not required to c:ite specific language in the Complaint. Defendants' motion complies with the California Rules of Court. In this action, Plaintiff's allegations in support of her punitive damages claim is inadequate. Absent any aggravating factors such as allegations of a prior history of substance abuse, prior arrests for driving...

Excerpt: ...to quash the subpoena. Initially, plaintiff argues that Hungrypanda, as a defendant in default, has no standing to bring this moton. aut plaintiff served the subpoena on Hungrypanda as a non-party. Hungrypanda has the same rights to challenge the subpoena as would any non-party. Hungrypanda raises two procedural challenges to the subpoena. First, Hungrypanda argues that plaintiff failed to provide notice to consumers pursuant to Code of Civil Pro...

Excerpt: ...d or contributed to Decedent's death (i.e. the fall was not the cause of her death based on reasonable medical probability). And the fall did not cause any lasting harm, as there was no evidence of any wounds or acute bleeding from the CT scan taken the day of the fall. Plaintiffs Hernandez's dispute is based on their contention and reading of Decedent's medical files. But their reading and beliefs of what the medical records indicate are not suf...

Excerpt: ...amed as a Defendant in paragraph 1 of the Third Amended Class and Representative Action Complaint, it has not made a general appearance. The court presently has no personal jurisdiction over KTI. To approve the settlement (on a preliminary or final basis) with respect to KTI, KTI must make a general appearance and pay its initial filing fees. If KTI makes a general appearance before or at the hearing, the court can rule on the motion. Alternative...

Excerpt: ...neficiaries of the Trust. (First Amended Complaint ["FAC"], "11-3.) In April 2002, Betty Joyce Rosine ("Betty"), a widow, purchased property at 3866 Yucca Mesa Road in Yucaipa Valley ("the Property"). Betty financed part of the purchase with a loan issued by Mountain West Financial and executed a $45,000 Deed of Trust ("DOT") naming First American Title Insurance as Trustee. Mountain West then assigned the DOT to Washington Mutual Bank. (FAC, "1 ...

Excerpt: ... action for FEHA "hostile work environment harassment," thirteenth cause of action for NIED, and fourteenth cause of achon for IIED. On December 29, 2022, Kaiser answered. On January 5, 2023, Plaintiff filed a request for dismissal, without prejudice, of "COA 2 & 3: as to Jusuf Panjaitan, an individual; COA 13 & 14: All Defendants." (Req. for Dismissal, filed 1/5/23.) Plaintiff filed the present motion to set aside her voluntary (but inadvertent)...

Excerpt: ...ullar 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 risk of maintaining class ach...

Excerpt: ...ers" under Labor Code section 1194, and cannot be held personally liable on that basis for an employee's unpaid wages. (Martinez v. Combs (2010) 49 Cal.4th 35, 66; Reynold v. Bement (2005) 36 Cal.4th 1075, 1087-88, overruled on other grounds in Martinez v. Combs, supra, 49 Cal.4th at pp. 62-64.)5 Nevertheless, Labor Code section 558.1, subdivisions (a)-(b), provides that an owner, director, officer, or managing agent of an employer who violates o...

Excerpt: ... S 426.50, states, "A party who fails to plead a cause of action subject to the requirements of this article, whether through oversight, inadvertence, mistake, neglect, or other cause, may apply to the court for leave to amend his pleading, or to file a cross-complaint, to assert such cause at any tme during the course of the action. The court, after notice to the adverse party, shall grant, upon such terms as may be just to the parties, leave to...

Excerpt: ...rule - suffcient foundation (NOTE: This was a multi-part paragraph) Obj. # 6 - '1 20 [one sentence] Sustain - lacks foundation, hearsay Obj. #7 - 22 Overrule - sufficient foundation laid, his opinion Obj. #8 - 24 Sustain - speculation (as to loan diversions) Obj. # 9 - '1 27 Overrule - sufficient foundation for VISION ONE Obj. # 10 - '1 27 Overrule - sufficient foundation laid Obj. # 11 - '1 28 Overrule - sufficient foundation laid Obj. # 12 - '1...

Excerpt: ...egate number of pay-periods worked if that information is available at this time. Preliminary Approval of Class Action Settlements 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. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 126; Reed v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) T...

Excerpt: ...enied as to Requests 4044. The demands are overly broad and irrelevant to the extent they seek information on ALL TYPES of vehicles, without limitation to Plaintiffs' particular year, make and model. 3. The motion is granted as to Requests 35-39 and 45-46 subject to a Protective Order. Evidence of similar issues in other vehicles of the same make, model, and year could tend to show, at a minimum, Mercedes-Benz likely had knowledge of the issues. ...

Excerpt: ...ia at any time from December 16, 2016, through August 29, 2022, who did not sign an individual settlement and release. After issuance of settlement checks, approximately a dozen individuals contacted plaintiff's counsel indicating that they fell within the definition of the certified class, but had received no notice of the settlement and did not receive any funds from the distribution. Plaintiff moves for an order compelling defendant to comply ...

Excerpt: ...hers 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 riskof maintaining class action status through trial, the amount offered in settlement, the extent of discovery com...

Excerpt: ...o defraud the plaintiff, (4) the plaintiff was unaware of the fact and would not have acted in the same way knowing of the concealed or suppressed fact, (5) causation, and (6) the plaintiff sustained damages. (Blickman Turkus, LP. v. MF Downtown Sunnyvale, LLC (2008) 162 Cal.App.4th 858, 868.) When the allegations of the Complaint are considered, sufficient facts are alleged in support of Plaintiffs' fraudulent inducement — concealment cause of...

Excerpt: ...rly serve the tenant with a valid 3-day notice. (Borsuk v. Appellate Division of Superior Court (La Hillcreste Apartments, LLC) (2015) 242 Cal.App.4th 607, 611.) Strict compliance is required with the 3-day notice. (Stancil v. Superior Court (City of Redwood City) (2021) 11 Cal.5th 381, 394-95; Culver Center Partners East #1, L.P. v. Baja Fresh Westlake Village, Inc. (2010) 185 Cal.App.4th 744, 749.) Code of Civil Procedure section 1161, subdivis...

Excerpt: ...eles (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 t...

Excerpt: ...d 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 of discov...

Excerpt: ...29; Robinson Helicopter co., Inc. v. Dana corp. (2004) 34 cal.4th 979, 989-90.) The supreme Court stated, Page | 2 "[T]he duty that gives rise to tort liability is either completely independent of the contract or arises from conduct which is both intentional and intended to harm." (Erlich v. Menezes (1999) 21 Cal.4th 543, 552.) In certain instances, an exception has been permitted under professional service contracts (e.g., a claim against an att...

Excerpt: ...) Discriminaton (disability) against Caremore Plan, Caremore System, Elevance, Elevance CA, and Elevance Cos. [collectively "Elevance-caremore"]; (2) Failure to accommodate against Elevance-Caremore; (3) Failure to interact against Elevance-Caremore; (4) Wrongful termination against Elevance-Caremore; (5) Retaliation (FEHA) against Elevance-Caremore; (6) Wrongful termination against Elevance-Caremore; (7) Retaliation (CFRA) against Elevance-Carem...

Excerpt: ...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." (ld. at p. 89.) The LWDA must have been notified of the settlement and given an opportunity to object. The Proposed Settlement Gross Settlement Amount: $ 142,032.00 Attorney Fee: $ 47,344.00 Costs: $ 2,448.19 Administration Fee: S ...

Excerpt: ...nalysis in the motion for final approval. 3 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 $0.05 per page. 5 (8) civil penalties under the Private Attorneys General Act (PAGA). Per the terms of the currently proposed settlement, Plaintiffs would represent a class of all current and former nonexempt employees employed ...

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 riskof maintaining class action status through trial, the amount offered in settlement, the exten...

Excerpt: ... (5) meal period violations; (6) reimbursements; (7) wage statement violations; (8) waiting time penalties; (9) penalties per Labor Code section 558; (10) untimely wages; (11) restitution; and (12) civil penalties under the Private Attorneys General Act (PAGA). Per the terms of the currently proposed settlement, Plaintiff would represent a class of all non-exempt employees employed in California at any point from September 7, 2016 through October...

Excerpt: ...tail, 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 risk of maintaining class achon status through trial...

Excerpt: ... Co. and Robar Enterprises, Inc.: 1. Failure to Pay Overtime Wages 2. Failure to Pay Minimum Wages 3. Failure to Provide Meal Periods or Compensation in Lieu Thereof 4. Failure to Provide Rest Periods or Compensation in Lieu Thereof 5. Waiting Time Penalties 6. Wage Statement Violations 7. Violation of S 2802 8. Violation of Business and Professions Ctxle S 17200 et seq. 9. Civil Penalties under Labor Cade S 226.3 10.Civil Penalties Under Labor C...

Excerpt: ...ords pertaining to the care, treatment, and examination of [Doe] regardless of treatment dates including all offce, ER, pathology records, inpatient and outpatient charts and records. Produce all electronic discovery records including correspondence and email records, prescriptions, and patient questionnaires. All descriptions of all exercises proscribed and documentation that indicates dates and times of patient's appointments. Include all physi...

Excerpt: ...ers 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 com...

Excerpt: ...Demurrer: The Court would OVERRULE the demurrer. Case Summary This is a business dispute. Plaintiff Rancho contends it was the former manager of the Del Chino Shopping Center, which covers multiple parcels and owners, and that it was not paid for six years of expense reimbursements pursuant to a restriction and easement agreement (REA) that governed the properties. Through the operative third amended complaint (3AC), Plaintiff contends Defendant ...

Excerpt: ... (See Comp'. 915.) Another customer, Rico Cruz ("Cruz"), verbally and physically assaulted Plaintiff while she was in a vulnerable and altered state. (ld.) After the assault, Plaintiff was kidnapped and dropped into a ditch, where she suffered injuries, including a broken hip. (Compl. 918.) Plaintiff's complaint includes three causes of action against both defendants: (1) negligence; (2) negligent hiring, supervision, and retention; and (3) premi...

Excerpt: ...tions that Sentinel was involved in the sale of the property to the insured. Defendant asserts in a conclusory fashion that the real estate transaction records may show the condition of the roof at the time of the sale. But no information is provided about when such sale occurred and the subpoena itself does not give any indication of time period for which the records are sought. (See Kim Decl. Exh. A.) Defendant also does not make clear whose re...

Excerpt: ..." of defendant's website. (Italics added.) "Everyone" would include plaintiff. The thirdparty who allegedly intercepts the communications with defendant's knowledge and cooperation is identified as Ada, Inc. (FAC '1 10.) Plaintiff also alleges that he was not advised that his communications were being monitored, intercepted, or record and that defendant was allowing an aiding the interception of the conversation. (FAC 4, 19, 21, 22.) Plaintiff do...

Excerpt: ...ssor in interest to the Estate of Juan Antonio Alvarado-Martinez ("Decedent"). Plaintiffs allege Defendants negligently caused an automobile accident in which Decedent was killed and Chastity and her three daughters—Lyric, Jessie, and Raylene—were injured. Relevant to this demurrer, Plaintiffs allege they are all residents of the State of Utah (Comp'. "3-8) and the accident occurred in Nevada (Comp'. 915). The defendants are located in the St...

Excerpt: ...(See Fenton v. Groveland Comm. Services Dist. (1982) 135 Cal.App.3d 797, 809, disapproved on other grounds in Katzberg v. Regents of Univ. of Calif. (21N2) 29 Cal.4th 3W, 328, fn. 30.) Furthermore, a demurrer for uncertainty is sustained only where the complaint is unfairly vague or so ambiguous or unintelligible that the defendant cannot reasonably respond, i.e„ determine the issues to be admitted or denied. (Khoury v. Maly's of Calif. , Inc. ...

Excerpt: ...s 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 achon status through trial, the amount offered in settlement, the extent of discovery completed ...

Excerpt: ...sive pleading is due. Under Code of Civil Procedure secton 430.41, subdivision the demurring party must file a declaration stating either: (B) The means by which the demurring party met and conferred with the party who filed the pleading subject to demurrer, and that the parties did not reach an agreement resolving the objections raised in the demurrer. (B) That the party who filed the pleading subject to demurrer failed to respond to the meet an...

Excerpt: ...efendant Ancheta. The original complaint named Penske Leasing/ Rental Company but was amended on September 10, 2021 to name Defendant Albertsons. The complaint alleges three causes of acton: (1) negligence/negligence per se; (2) negligent entrustment; and (3) negligent hiring and supervision. Plaintiff asserts Defendant Ancheta was acting in the course and scope of his employment with Defendant Albertsons when the accident occurred. Relevant here...

Excerpt: ..., the complaint alleges Plaintiff was employed by Defendant as a nonexempt Dock Worker/Freight Handler from approximately July 2016 until approximately April 2020. During this period, Plaintiff alleges that he and the other aggrieved employees were not accurately compensated for overtime; were deprived of mandatory rest pericKls; and were not provided accurate itemized wage statements. (Complaint, "10- 11.) Page 4 Summary of the Law California La...

Excerpt: ...ff, in pro per, filed a general denial. Attached to his general denial is a response in which he states he feels he is being unfairly charged for transactions he made with the State Fund. He states: "I would like to come to an agreement with the Plaintiffs for a less amount. If we are unable to come to an agreement I may have to file bankruptcy as a last resort." (Def's Response attached to his General Denial, filed 10/5/22.) On December 7, 2022,...

Excerpt: ...e FAC alleges violations related to (1) wages; (2) meal periods; (3) rest breaks; (4) piece-rate rest break wages; (5) unlawful deductions; (6) final pay; (7) wage statements; (8) reimbursements; as well as (9) violations of the unfair competition law; and (10) civil penalties pursuant to PAGA On October 17, 2022, Plaintiff filed a Proof of Service, indicating substitution service on July 6, 2022 by "leaving the copies with or in the presence of"...

Excerpt: ...this court adjudicate the following issues in favor of Defendant: Page | 4 Issue 1: Defendant had no reasonable notce of the condition that caused Plaintiff's incident. (UMF Nos. 1-9.) Issue 2: Defendant owed no duty to Plaintiff because the item involved in her incident was open and obvious. (UMF Nos. 1-9.) Statement of the Law: Legal Authority for Motion for Summary Judgment: "The purpose of the law of summary judgment is to provide courts with...

Excerpt: ...ers 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 achon status through trial, the amount offered in settlement, the extent of discovery comp...

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 sta...

Excerpt: ... natural elevation by 20 feet, upon which a two-story home was built which "towers above the plaintiff's homes, blocking his view of the mountains, and utterly destroying his privacy, and his ability to enjoy his home, or his backyard." (Compl. 910.) Plaintiff's complaint includes two causes of action against Defendants: (1) private nuisance; and (2) IIED "or" NIED. Now at issue is Defendant Woodside's general demurrer to both causes of action. P...

Excerpt: ...sonable number of attempts. Ford also allegedly failed to repurchase the vehicle or make restitution. As a result, Rubio commenced suit against Ford on December 23, 2022, for breach of express warranties under the Song-Beverly Consumer Warranty Act (the Act) and violation of section 1793.2 of the Act, which requires the repairs to be commenced and completed within, respectively, a reasonable time and 30 days. (See Compl. at 15-39.) Also named as ...

Excerpt: ...ited 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 riskof maintaining class action status through trial, the amount offered in settlement, the extent of disc...

Excerpt: ...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 achon status through trial, the amount offered in settlement, the extent of discovery completed an...

Excerpt: ...os 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 achon status through trial, the amount offered in settlement, the extent of discovery completed...

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 st...

Excerpt: ..., 39, 47, 51, 52, 53, 65, 66, 67, 77, 78, 79, 81, 82, 83, 84, 85, 86, 88, 89 and 90. Page | 2 Legal Authority for Motions to Compel Further Responses to RFP#I: If a party to who document production requests and interrogatories are directed, responds with objections or incomplete answers, the propounding party's remedy is to serve a motion to compel further answers within 45 days after the responses were served. (Code Civ. Proc., S 2030.300, subds...

Excerpt: ...s. 5-6; Yaraghchian Decl. at 992, 4.) Plaintiffs move to compel further responses to RFPs #1, 7, 17, 23-25, 36-42, 50-53, 58-59, 68, 76, 78-79, 86, and 91-96. Defendant GM opposes. Plaintiffs reply. Timeliness/ meet and confer It is unclear whether the motion is timely as there is no information as to whether the verified responses served on April 19, 2023 was via email or mail. Depending on the of service the deadline would be June 6, 2023 (emai...

Excerpt: ...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, the extent o...

Excerpt: ... Amended Complaint (FAC) was filed on August 26, 2022, to consolidate the matters. The FAC sets forth claims for (1) overtime wage violations; (2) meal period violations; (3) rest period violations; (4) failure to pay wages; (5) final pay violations; (6) wage timeliness violations; (7) wage statement violations; (8) failure to keep required records; (9) reimbursement violations; (10) sick leave and vacaton pay violations; (11) reporting tme pay v...

Excerpt: ...requires the mistake, inadvertence, or surprise to be reasonable. 1 Mistake of fact is proper when the defendant was mistaken as to some fact material to the defendant's duty to respond. (See e.g. Lieberman v. Aetna Ins. Co. (1967) 249 Cal. App. 2d 515, 523-24). Mistake of law requires the Court to determine (a) the reasonableness of the misconception and (b) the justifiability of the defendant's failure to determine the correct law. (City of Ont...

Excerpt: ...onsider and rule on those issues. After remand, this court asked the parties for supplemental briefing on two additional issues: (1) Whether a delegation clause in the arbitration agreement required the arbitrator, rather than the court, to decide the issues or unconscionability and waiver; and (2) how the United States Supreme Court's decision in Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906 impacts the motion. The Delegation Claus...

Excerpt: ... if the gross) Applying the deductions in these "not to exceed" amounts results in an estimated net class settlement of $163,100.00. With an estimated 138 class members, the class members will receive, on average, $1,181.88. The proposed deductions (attorney fee,2 costs,3 administration fee, incentive award, and PAGA allocation) are preliminarily approved in the listed "not to exceed' amounts. The 35% attorney fee, however, may be excessive, but ...

Excerpt: ...ad 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 the stage of the proceedings, the experience and views of...

Excerpt: ...sues the past. Thus, imposing such an ultimate sanction is inappropriate at this time. Moreover, Plaintiff has shown some willingness to cooperate as she participated in the examination up until physical contact was required. In addition, arguably, Dr. Forage was the cause of the stalled first examination given his refusal to allow Ayers to be present without a seemingly valid reason. CCP S 2032.510 permits the examinee's attorney or the attorney...

Excerpt: ...ing a copy of the order. Second Amended Complaint: The pleading was not filed as ordered in the approved stipulation. It appears, however, that the copy of the order mailed to counsel erroneously did not include the court's interlineation requiring that the second amended complaint be filed. In any event, counsel may submit it for filing immediately. The court can order the Pereabras case, CIVS82208345, dismissed, effective upon filing of the sec...