Excerpt: ...ia law to reimburse its current and former employees for their work‐related business cell phone expenses; failed to provide compliant rest periods; Page 3 of 4 CVS26122221 failed to provide compliant meal periods and/or pay missed rest and meal period premiums; failed to issue accurate/complete wage statements; failure to pay all wages due upon termination to . . . the aggrieved employees.” After the 65 day period required to exhaust administ...

Excerpt: ...il October 15, 2019, when her employment was terminated based on allegations she shoplifted a $2.99 protein bar from an ARCO AM/PM convenience store. (Pet. 1, 7.) Page 5 of 13 CVS26122021 After a three‐day administrative hearing, the hearing officer issued a written, advisory report stating the City failed to carry its burden of demonstrating good cause for Petitioner's termination and further stating Petitioner should be reinstated and made wh...

Excerpt: ...rden of proof in showing that Plaintiff's Motion for Relief for Mistake of Law or Fact was frivolous, without factual or legal merit, and was filed primarily for improper purposes to delay this action and harass Defendant in violation of Code of Civil Procedure section 128.7. Initially, Plaintiff filed an Ex Parte Application to Vacate Judgment which was denied, without prejudice, on March 23, 2021 as there was no judgment on file with the Court....

Excerpt: ...0 a.m. in Department S29. The trial attorneys shall personally appear at the TRC – no court call. The trial document exchange is on or before March 31, 2021 (which is a non‐appearance date) and the trial documents filing date is April 11, 2022, except that motions in limine shall be filed and served in accordance with the local rules. The parties are ordered to comply with the Court's Trial Setting Order which is attached to this Order and wi...

Excerpt: ...ium. Given the nature of the work in the hospital caring for patients, defendant had no means to know that a meal or rest break was missed or interrupted unless a premium was requested. Plaintiffs acknowledged that requesting a premium was the only way defendant would know that a premium was due. Plaintiffs made requests for premiums, and uncontradicted evidence showed that every time they requested payment of a premium, defendant paid them. Ther...

Excerpt: ...ccurred while Jermane was crossing Coalinga Rd from North to South on the east side of the intersection with Cahuenga. UF #2 (undisputed). 1 Defendant repeats some of the facts with a different fact number. The first fact number used is referenced herein. In 2018, the school had two pick‐up/drop‐ off sites on the campus. The third site was for bus use only. The school does not have any designated drop‐off sites off‐campus. The first dismi...

Excerpt: ...reduction is approximately $130. Counsel has not addressed why the class size estimate was so far off or how the reduction still results in a fair settlement. 2. The request for a 35% fee award is not supported, especially in light of the substantially smaller per class member share due to the unanticipated increase in the class size. If the court approves the settlement, the court will award a fee of one‐third of the gross, or $75,000.00. 3. T...

Excerpt: ...ng parties are the prevailing parties entitled to an award of fees. Absent such a contract, fees can only be awarded in connection with the defense of the claim for misappropriation of trade secrets. Trade Secrets: Under Civil Code section 3426.4, an award is available to a prevailing defendant if the claim was made in bad‐ faith. A lack of evidence to support the claim can satisfy the standard. The court granted the moving parties' motion for ...

Excerpt: ...ated evidentiary objections. (Hartwell Corp. v. Superior Court (2002) 27 Cal. 4th 256, 279 fn.12; Jolley v. Chase Home Finance, LLC (2013) 213 Cal. App. 4th 872, 889 [“no ‘official web site' provision for judicial notice in California”].) 2 Defendants' Evidentiary Objections: 1‐14. “Facts” ‐ Overruled. Separate statements are not evidence. (Jackson v. County of Los Angeles (1997) 60 Cal.App.4th 171, 178, fn. 4.) Because undisputed f...

Excerpt: ...chez”) operated a Mexican Restaurant in one of the restaurant spaces at the Subject Property. (UMF, #9.) On November 4, 2020, MG Petroleum caused a 30‐day notice to quit (“30 Day Notice”) to be served on Sanchez based on its understanding that the fixed term lease expired on October 31, 2019 and the parties entered into a month‐to‐month tenancy. (UMF, #14.) On or around January 14, 2021, Sanchez filed a verified answer to the Unlawful...

Excerpt: ...action are based upon allegations that Explorer breached its duty to provide the Hendersons a defense in the underlying lawsuit brought against them by Blackburn. The causes of action are also based upon Explorer's failure to settle the underlying case within the policy limits. Both causes of action are governed by the four‐year‐statute of limitations under Code of Civil Procedure section 337, subdivision (a). As argued by Plaintiffs, an acti...

Excerpt: ...ulate the amount each aggrieved employee would receive per pay‐period worked, a more accurate measure of fairness than the average receipt. Some employees may have worked only a few payperiods; others for the entire period. The proposed deductions are excessive. Usually, an attorney fee of one‐third of the gross is appropriate under the common fund doctrine, but under the circumstances of this case, where the resulting net is so small, this s...

Excerpt: ... overruled) or the motion to strike (which the court denied) was brought in bad faith or was frivolous, as defined in the statute (totally and completely without merit). 1 Defendants Harbor Development Disabilities Foundation, Inc. and Eastern Los Angles Regional Center for the Developmentally Disabled, Inc., filed notices of joinder in the demurrer filed by Inland Regional Center. Page 2 of 7 CVS26120821 2. Demurrer by Inland Regional Center The...

Excerpt: ...urred on November 19, 2018 and, as a result of her injuries, Grdjan filed suit on September 3, 2020, against CSU's Board of Trustees and TK Elevator Corporation (TK), though the pair were erroneously sued under different names. Through the operative first amended complaint (FAC), which was filed on November 24, 2020, Grdjan asserts claims for dangerous condition of public property and negligent infliction of emotional distress, both of which esse...

Excerpt: ...8, 11, 14, 20, 27, 28, 34, 35, 36, 391 , 40, 44, and 45. The objections are overruled. The responses, which were provided subject to the objections, are evasive. While every employee (over 4,600 in over 200 1 The separate statement misquotes Special Interrogatory 39. The interrogatory actually asked: “IDENTIFY all similarly situated employees who YOU content BSRO owes unpaid overtime.” Page 2 of 2 CVS26120721 business locations according to d...

Excerpt: ...dquist v. Lebo Automotive, Inc. (2016) 1 Cal.5th 233, 251‐ 52.)1 In other words, generally, the court determines the enforceability of an arbitration agreement. (Ajamian v. CantrorCO2e, L.P. (2012) 203 Cal.App.4th 771, 781.) Under the California Arbitration Act (CAA), the same is also true, i.e., generally, the court determines whether an arbitration contract exists and is enforceable. (Chin v. Advanced Resh Concepts Franchise Corp. (20110 194 ...

Excerpt: ...e on appellate court's own motion].) 2. Judicial notice is taken of Exb. 4, the google maps printout. (See United States v. Perea‐ Rey (9th Cir. 2012) 680 F.3d 1179, 1182, fn. 1 [finding “Google map” to be a source “‘whose accuracy cannot reasonably be questioned'”]; Evid. Code, § 452, subds. (g), (h).) 3. Judicial notice is denied for Exb. 5‐7, printouts from the U.S. Post Office Website. (See Jolley v. Chase Home Finance, LLC (20...

Excerpt: ...Justino Montiel I. DISCUSSION Hitachi moves to strike Plaintiff's punitive damage allegations, as well as a list of prior product liability lawsuits regarding alleged defects with the nail gun. I recommend the Court deny the Motion to Strike. A. Statement of Law “Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof….” (Code Civ. Proc., § 4351 .) “The cou...

Excerpt: ...disputed Material Facts and Separate Statement of Additional Facts in opposition to the MSA filed by Cohen. Plaintiff informs the Court that after the Court continued the hearing date on Cohen's MSA to October 27, 2021, Plaintiff took the deposition of non‐party witness, Chris Ebert (Ebert), the controller and chief financial officer for Plaintiff's company between November 2016 and August 2019. Ebert testified he was present at several meeting...

Excerpt: ...g, not the contents of the declaration, which could be true or false. The act and date of filing is not demonstrated to be relevant. Procedural Objection Petitioner's argument that the demurrer is procedurally defective because the demurrers were not set forth in a separate document is without merit. The “Notice of Demurrer and Demurrer” clearly and unambiguously delineates the grounds for the demurrers. Third Cause of Action Petitioner alleg...

Excerpt: ...l date would not change the deadlines absent a stipulation of the parties. This deposition and motion would be untimely under these rules. Due to the pandemic, however, Code of Civil Procedure section 599, subdivision (a), was enacted, extending all deadlines for the same length of time as a trial continuance, although the court could rule otherwise. Douenga filed a Notice of Ruling on the ex parte application to continue the trial, indicating th...

Excerpt: ...of the settlement agreement. The Court is authorized to enter judgment pursuant to the settlement regardless of whether the settlement's obligations were performed or excused. (Hines v. Lukes (2008) 167 Cal.App.4th 1174, 1184‐1185.) Regardless, Plaintiff filed this motion to enforce payment of the settlement funds, which was undisputedly overdue. Defendant's failure to respond to Plaintiff's counsel's emails prior to the motion, and its prompt ...

Excerpt: ...erence with all parties and the Court pursuant to CCP 2016.080. The purpose of the conference is to try and resolve the discovery issues without the necessity of a motion. At the conference, the issues of the discovery dispute will be discussed as well as possible referral of the case out to Judicial Reference (Hereinafter JR). Timely objections to JR will be heard at this time only, absent change in circumstances ( Be prepared with appropriate f...

Excerpt: ... (1994) 29 Cal.App.4th 482, 488; Brock v. Kaiser Foundation Hospitals (1992) 10 Cal.App.4th 1790, 1808 [offended party may move in the arbitration proceedings to terminate for failure to pursue arbitration claim with reasonable diligence]; Blake v. Ecker (2001) 93 Cal.App.4th 728, 737‐738 and fn. 8, overruled on a different ground in Le Francois v. Goel (2005) 35 Cal.4th 1094, 1107 fn. 5 [“Defendants' only avenue for redress when plaintiff fa...

Excerpt: ... The request for judicial notice is granted except as noted below: Exb. 3. The Filamore‐Angel original complaint. Relevance. Exb. 9, 12. The LWDA notices. Relevance, as explained below. (If they were relevant, judicial notice would be limited to the dates of filing and the statements made for notice purposes, but not for the truth of those statements.) 1 Page 5 of the complaint is missing, though defendants reference allegations regarding the t...