Excerpt: ...ction 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 time 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 amend the pleading, or to file the cross‐complaint, t...

Excerpt: ...may apply to these different work‐environments, but plaintiff is entitled to ascertain the underlying facts. Plaintiff's letter to the LWDA was not restricted to dry depot employees. Plaintiff sought temperature data going back ten years, while defendant proposed a cut‐off date of January 15, 2018. Plaintiff offered a compromise of five years. Five years is reasonable. Even though temperatures pre‐dating the PAGA period (one year before fil...

Excerpt: ...ntersection of Lone Pine Canyon Rd. Plaintiff Suzi was a passenger in Garrett's vehicle. Also driving eastbound on SR 138 was Gautier in a tractor‐trailer owned by CR England. Due to Gautier traveling at an unsafe speed and failing to yield to stop traffic, a collision occurred between him and the Plaintiffs, causing Plaintiffs to sustain injuries (¶¶9‐13). At issue is a motion to quash subpoenas for records regarding Plaintiffs' gun owners...

Excerpt: ...tion of records as requested. Defendants have made much of the fact that the decedent was only in Defendants' care for one week and imply that they could not be responsible for any harm the decedent 1Judge Frangie is absent from the Court on April 1, 2021. In the event that both parties do not submit on the Court's tentative, the hearing shall be trailed to April 5, 2021. Please contact Judicial Assistant Teri Handyside in the event either party ...

Excerpt: ...addressed in the motion for which Respondent also asserted objections Page 4 of 12 on grounds of the attorney‐client privilege and the attorney work‐product doctrine. Petitioner appears to concede this point. With respect to the remaining documents at issue, Respondent has failed to meet its burden regarding the privilege. Generally, deliberations of government officials are entitled to a limited amount of protection against public disclosure...

Excerpt: ... Order of Dismissal. The Court also requested briefing as to whether Education Code section 44009 renders the Order of Dismissal moot for purposes of this writ, and supplemental briefing on the application of the Morrison factors. Motion to Augment Code of Civil Procedure section 1094.5, subdivision (e), provides: Where the court finds that there is relevant evidence that, in the exercise of reasonable diligence, could not have been produced or t...

Excerpt: ...lated protective order in this action.” (Motion 15:8‐10.) The Court requires the information to evaluate the fairness of the proposed settlement, even at the preliminary stage. At the least, counsel must lodge evidence of the defendant's financial condition with the Court, conditionally under seal, along with a motion to have the information filed under seal. Counsel should also be prepared to address whether the information should be filed n...

Excerpt: ...rer, all facts pleaded in the complaint are assumed to be true however improbable they may be. (Aubry v. Tri‐City Hosp. Dist. (1992) 2 Cal.4th 962, 966‐967.) However, the Court does 2 “not accept as true contentions, deductions, or conclusions of fact or law.” (In re Ins. Installment Fee Cases (2012) 211 Cal.App.4th 1395, 1402, citing Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) B. Meet and Confer Requirement U...

Excerpt: ...t him or her through his or her mistake, inadvertence, surprise, or excusable neglect. (Code Civ. Proc., § 473, subd. (b).) 2 Under Section 473, subdivision (b), the motion must be made within a reasonable time, but in no case exceeding six months, and the proposed answer must be filed with such motion. The six‐month limit is jurisdictional in nature. (Maynard v. Brandon (2005) 36 Cal.4th 364, 372.) An application for relief under Section 473,...

Excerpt: ...For guidance for the parties, the Court is of the opinion that the requests may be overbroad in some respects and the moving party's failure to be specific in a showing a good cause as to why these particular documents should be produced in this action. 1 A motion to compel further responses and documents requires a showing of good cause. 1 To establish “good cause” to compel further responses, the burden is on the moving party to show both r...

Excerpt: ...artinez, however, has not shown that his interests, or those of the putative class members in the Martinez case, are not adequately represented in this case. As part of the “community of interest” requirement for class certification (and approval of the proposed settlement), plaintiffs in this case must show they adequately represent the class. (Lockheed Martin Corp. v. Superior Court (2003) 29 Cal.4th 1096, 1104.) A class representative, thr...

Excerpt: ...at may be inferred from those expressly pleaded, and of any material facts of which judicial notice has been requested and may be taken. (Crowley v. Katleman (1994) 8 Cal. 4th 666, 672.) The court gives the pleading a reasonable interpretation by reading it as a whole and all of its parts in their context. (Moore v. Regents of Univ. of Calif. (1990) 51 Cal. 3d 120, 125.) Because the factual allegations are assumed to be true, the possibility that...

Excerpt: ...oners, who were African American shoppers, claimed they had been beaten by a shopping center's security guards. (Fuller, supra, 87 Cal.App.4th at pp. 302‐303.) The petitioners sued, among others, the individual guards, and the petitioners noticed the guards' depositions. (Id. at p. 303.) The guards moved for a protective order to prevent the depositions from going forward, as the United States Attorney's Office and the FBI were investigating th...

Excerpt: ...,555.50 before or at the hearing. Absent substantiation, the cost award will be limited to $7,491.94. Administrator Fee: The motion states that administrator's fee is “estimated” to be $6,250.00. The Court preliminarily approved a maximum fee of $6,000.00. The Court cannot award more than $6,000.00, yet the actual fee may exceed that amount. The Court suggests that the additional $250.00 (or other amount charged by the administrator in excess...

Excerpt: ...taffing resumes. Substitution of attorney forms are not one of the exceptions. Therefore, at the OSC on December 10, 2020, the substitution of attorney form filed on October 9, 2020, was not present in the physical file. The court consulted the register of actions, however, which indicated that a substitution had been filed on behalf of plaintiff Bubba Likes Tortillas LLC, but erroneously omitted mention of plaintiffs Washington LLC and MTV Holdi...

Excerpt: ...” (Cholakian & Associates v. Superior Court (McDonold) (2015) 236 Cal.App.4th 361, 368.) The opinion cited by plaintiff, Howell v. Stetefeldt (1886) 69 Cal.153, appears to be premised on an obsolete version of the statute. 3. Merits: Crestwood Behavioral Health, Inc. v. Superior Court (Fragoza) (2021) 60 Cal.App.5th 1069, was published two days after this motion was filed. Crestwood holds that in a PAGA action, “venue is proper in any county ...

Excerpt: ...g of 18 U.S.C. § 1030. The Complaint alleges that Defendant intentionally and without authorization accessed such protected computer and, by destroying the contact information, caused damage and loss through such access. The Complaint also alleges that the loss by such unauthorized access meets or exceeds $5,000 in value. (Complaint, ¶¶ 70‐72.) It is further alleged that “In performing the unauthorized access, Defendants acted with malice,...

Excerpt: ...yet, however, Chavez does not appear to have agreed, at least not formally. Therefore, the motion to stay this case is granted, with the proviso that if Chavez does agree to plaintiff's proposal, that may provide a basis to lift the stay. Counsel can do so by stipulation or, in the absence of a stipulation, plaintiff can file a motion to lift the stay. ...

Excerpt: ...) 60 Cal.App.4th 171, 178 fn.4.) II. Plaintiff's Evidentiary Objection: Sustain Plaintiff's Objection to Supplemental Declaration of Jesus Navarrete, filed March 12, 2021. There is no basis to consider this late filing containing new evidence. III. Request for Judicial Notice: The request is denied. While the Secretary of State's official website may provide some modicum of reliability, there is no basis on which to grant judicial notice. Exhibit...

Excerpt: ... period is extended by five court days. (Code Civ. Proc., § 437c, subd. (a)(2).) Costco filed its MSJ on February 11, 2021. The proof service attached to the MSJ indicates Costco served its MSJ by mail on February 10th. Seventy‐five days beyond that date is Monday, April 26th. Adding the five court days for mail service results in a date of Saturday, May 1st. The hearing should have thus been noticed on or after Monday, May 3rd. Instead, it wa...

Excerpt: ... 411.2 which requires that the motion be filed and served at least 8 days before the TRC. 2. It is defective as not in compliance with Local Rule 415(a)(2) which provides, “(a) (2) A representation to the court that the subject of the motion has been discussed with opposing counsel, and that opposing counsel has either indicated that such matter will be mentioned or displayed in the presence of the jury before it is admitted in evidence or that...

Excerpt: ...ct, where it is proven that the defendant is guilty of oppression, fraud, or malice, the plaintiff may recover punitive damages. It does not, however, automatically follow that because a plaintiff is entitled to compensatory damages he is also entitled to exemplary damages. (Silberg v. California Life Ins. Co. (1974) 11 Cal.3d 452, 461.) To establish a conscious disregard for the safety of others as a predicate for punitive damages, a plaintiff m...

Excerpt: ...Analysis Motion to Set Aside The Proof of Service of Summons pertaining to Keller Williams Big Bear indicates that service was made on “Michael Shawn Hoffman, Authorized to Accept Service.” Service was purportedly made on October 30, 2020, at 11:21 a.m. at 39374 Lodge Road, Fawnskin, CA 92333. However, Michael Hoffman was not the agent for service of process and, therefore, service was ineffective. With respect to Michael Shawn Hoffman, Teres...

Excerpt: ... is approved. The amount sought for incentive fees is high, but there were no objections raised by the any of the 555 class members and aggrieved employees. Furthermore, reducing the incentive awards would result in relatively small increases in the individual payments. The Court will schedule a hearing to confirm final distribution of funds approximately one year out. ...

Excerpt: ...e is denied as unnecessary. B. Motion: The unopposed motion for summary judgment is granted. The cross‐defendant has established it has no involvement in this litigation as it did not contract for, authorize or perform any work at the Subject 2 Property. (UMF 5 – 9; Declaration of Greg Moline; Deposition excerpts of Caryn Baitel). II. Defendant Greg Moline, individually and dba Triton Builder's Motion for Summary Judgment/Adjudication of the ...