Excerpt: ... 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 stage of...

Excerpt: ... Amended Complaint AC") alleging two causes of action for Negligence—one against County, and the other against Doe Defendants 2 through 25. On March 30, 2023, County filed the current Demurrer to the first cause of action in the FAC on the ground it does not state facts suffcient to constitute a claim. Plaintiff opposes, and County replies. DISCUSSION l. Request for Judicial Notice County asks this court to take judicial notice of the following...

Excerpt: ...Agreement. Plaintiffs do not challenge that Decedent's claims are subject to arbitration, except to offer an unconscionability argument. Plaintiffs argue that the agreement is procedurally unconscionable because Decedent was given it on a take it or leave it basis. But Plaintiffs offer no evidence in support of this argument and the circumstances under which Decedent signed it. Moreover, on its face, the Agreement provides, "Residents shall not b...

Excerpt: ...r. According to the complaint, Plaintiff entered into a warranty contract with Ford on October 23, 2017 regarding a 2017 Ford F-150. Within the warranty period defects and nonconformities manifested themselves, including but not limited to engine and electrical. (Complaint, "15, 16.) Defendant Ford answered on May 24, 2022, generally denying the unverified Complaint and raising 15 Affirmative Defenses. At issue today is Defendant Ford's Motion fo...

Excerpt: ... hearing and consider the issuance of sanctons against the non-complying party. Demurrer: Defendant Christopher Felix (Felix) demurs to the 1st , 2 nd -9 th and 11th causes of action. He essentially argues that the claims are those asserted against a landlord/lessor to which he is not identified as such, and the lease agreement attached to the Second Amended Complaint (SAC) identifies the landlord/lessor as Rancho Homes. Additionally, the allegat...

Excerpt: ...lution of the LLC, and (2) breach of contract. Defendants answered. On March 9, 2020, with leave of court, Plaintiff filed his First Amended Complaint (FAC) against the same four defendants. Defendants answered. On September 19, 2022, again with leave of court, Plaintifffiled his Second Amended Complaint (SAC), alleging nine causes of action against the same four defendants. Defendants demurred and the Court sustained the demurrer, with leave to ...

Excerpt: ...ignee of Department Stores National Bank and lists two causes of action - account stated and open book account. On June 30, 2022, Calvary filed a proof of service of summons showing personal service on Martha Guzman at her home him Hesperia on June 25, 2022 at 2:25 p.m. Service was by an independent registered process server, William Hampton. The Court docket reveals that on July 28, 2022, a document presented by Defendant Guzman was returned by ...

Excerpt: ...and (4) credit extended. Defendant Mulica answered. The Complaint alleges Discover Bank issued a credit card to Mulica who incurred a debt of $5,456.82. Plaintiff Discover Bank moves for summary judgment/adjudicaäon. Defendant Mulica opposes. DISCUSSIONS Statement of the Law A summary judgment motion cuts through the parties' pleadings to determine if a trial on the facts is necessary. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 84...

Excerpt: ...08 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 stage of t...

Excerpt: ...-only classes. Defendants demur on three grounds: First, defendants contend the class representative, Chris Fairless, lacks standng because he does not alleged that he attempted to join the class but was excluded. Second, defendants contend a class cannot be certified because the allegations demonstrate that questions of fact predominate. Third, defendants contend that as a matter of law, providing a women-only gun class does not violate the stat...

Excerpt: .... Case Summary This is an auto-accident and personal injury matter. It arises from an accident that occurred on January 18, 2021 on the 1-10 freeway, heading Eastbound, west of the Mountain exit in San Bernardino County. On or about March 22, 2022, Plaintiff filed a form pleading generally naming as Defendants EAN Holdings, LLC; Birdo, Jr.; Jose Ramirez; Antonio Ramirez; Los Angeles Co. Metropolitan Transportation Authority; the City of Los Angel...

Excerpt: ...ngeles (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...

Excerpt: ...nd (5) Negligent Misrepresentation [as to Giant only]. Plaintiff alleges that on or about August 8, 2021, she and her husband went to Giant's retail location in Montclair, California to consider the purchase of a motor home. After talking to one sale representative about their needs and intended use of a motor home, Plaintiff and her husband left and returned the next day. They talked to the same sale representative, and he introduced them to his...

Excerpt: ...f's beneficiaries and dependents. Any inadvertently disclosed confidential information will be subject to the protective order already filed with the Court on February 23, 2023. The motion to quash would otherwise be DENIED. However, given the reasonableness of the positions of both parties, the Court would DENY sanctions as to either side. Case Summary This is a race discrimination and harassment case. Plaintiff began his employment as a deliver...

Excerpt: ...G. Pascal (Decl. Pascal) 3, Exhibit 1.) On December 6, 2021, GM filed its first Motion for Protective Order, which was set for hearing on February 17, 2022 and was by Plaintiff. This motion was apparently taken off calendar because as the Court had issued an Order Re: Discovery Conference, on February 14, 21N2, which GM had not complied with prior to filing its Motion for a protective order. On July 8, 2022, GM filed its second Moton for Protecti...

Excerpt: ...2) 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 stage ...

Excerpt: ...l back pay and benefits, and reimburse her for attorney's fees related to this action. On February 7, 2022, the Court (Judge Arreola) sustained the District's demurrer to Kammeyer's petition with leave to amend. 2) Demurrer Sustained to Kammeyer's First Amended Petiton for Writ of Mandate On March 1, 2022, Kammeyer filed her verified First Amended Petitoner (FAP) for writ of traditional mandate (Code Civ. Proc., S 1085) or administrative mandate ...

Excerpt: ...premise liability and (2) negligence. Defendants BBV and McGraw answered. The Complaint alleges on July 11, 2020, Bradford was a short-term renter at 42942 Falls Ave., Big Bear Lake, when she fell after a wood step leading up to the front door broke ("1 & 8). McGraw and BBV owned, managed, controlled, and operated the property (97). Defendants McGraw move for summary judgment/adjudication. Plaintiff Bradford opposes. Defendants McGraw reply. Judi...

Excerpt: ...eachers 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: ...pertaining to Code of Civil Procedure section 1010.6, subdivision (3)-(6) and certified court reporter trial transcripts of 1 "Judicial notice is the recognition and acceptance by the court, for use by the trier of fact or by the court, of the existence of a matter of law or fact that is relevant to an issue in the action without requiring formal proof of the matter." (Kilroy v. state of California (2w-4) 119 cal.App.4th 140, 145.) Page | 2 12/19...

Excerpt: ...ass counsel are well- qualified to represent the class. The representatives are also qualified to represent the class, with the exception of plaintiff Ramos, who has not submitted a declaration. The settlement was reached through arms-length negotiations with the assistance of a mediator. The division between the class action and the FLSA collective achon is reasonable and appropriate. The deductions from the gross settlement amount for attorney ...

Excerpt: ...rman, he spoke with Plaintiff's counsel on February 24, 2023, regarding the issues in the demurrer but the parties were unable to reach an agreement. (Decl. Silverman, '14.) The Court finds the meet and confer requirement SATISFIED under CCP 430.41(a). II. DEMURRER A. 1 st Cause of Acton: Invasion of Privacy under the California Constitution, a person holds a right of privacy. (Moreno v. Hanford Sentinel, Inc. (2009) 172 Cal.App.4th 1125, 1129.) ...

Excerpt: ...l of the denial of his dock license. Unlike an excessive force claim, such a claim does not automatically encompass "threat, intimidation, or coercion. 2. Plaintiff's Second and Third Causes of Acton: There are two essential elements of a claim under section 1983: the conduct complained of was committed by a person acting under color of state law; and (2) the conduct deprived the plaintiff of a right, privilege or immunity secured by the Constitu...

Excerpt: ...lso Schoendorf v. U.D. Registry, Inc. (2002) 97 Cal.App.4th 227, 235 [declaration in support of ant-SLAPP motion].) 1. Objections to the Declaration of Castaldi: A. Objections 1, 3, 14, 15, 17, 19, 21, 30, 34, 42, 44, 45, 47, 57, 58, 60, 61, 62, 65, 66, 58-70, 73, 75, 76, 77, 79, 80, 82, 85, 85, 88 (lacks foundation or proper authentication), 16, 29 (hearsay), 20, 38, 43, 46, 110 (improper opinion), 22, 23, 24, 37, 48, 59 (lacks foundation / impr...

Excerpt: ...(4) violation of Health & Safety Code secton 13007, (5) violation of Public Resources Code section 4421, (6) violation of Public Resources Code section 4435, (7) negligent infliction of emotional distress, (8) loss of consortium, and (9) negligent interference with prospective economic advantage. As for the underlying allegations, plaintiffs contend that Gentry was operating an excavator on August 25, 2021, on 1-15 Log-stics's property located at...

Excerpt: ... The First Amended Complaint is deemed filed as of this date. As to Preliminary Approval: The Court would GRANT the motion. Preliminary Approval of Class Acton Settlements in General 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. Fint Locker Retail, Inc. (2008) 158 Cal.App.4th 116, 126; Reed v. united Teac...

Excerpt: ... to service on international defendants) and should therefore be quashed. Koki's General Manager of Human Resources and Administration, Hiroshi Kawakami (Kawakami), declares Koki is a Japanese company; not incorporated Page | 2 anywhere in the United States and maintains no offices here; does not have any registered agents in California; etc. (Kawakami Amended Decl. filed 8/29/22, "3-14.) In opposition, Plaintiff does not contest the prior servic...

Excerpt: ...Miranda in the amount of $2,800.00, payable to Defendant Sunset Sounds within thirty days. Case Summary Plaintiffs filed their Complaint on September 28, 2021, alleging causes of action for (1) negligent trespass; (2) negligent destruction of real property; (3) intentional trespass; (4) intentional destruction of real property and trees; and (5) abatement of private nuisance. The controversy stems from Plaintiffs' allegations that their Defendant...

Excerpt: ...mpetition in violation of Business and Professions section 17200, et seq. Plaintiff seeks to represent all of Defendant's non- exempt employees in California who were subject to its timekeeping policies during the statutory period. In essence, Plaintiff alleges that Defendant required or permitted work outside of the scheduled shifts; failed to pay travel tme and mileage; and failed to reimburse for personal cell phone usage, among other things. ...

Excerpt: ...' Evidentiary Objections: 1. Declaration of Racha Nour: All overruled. (Defendants' should have labeled these objections consecutively rather than by paragraph. 2. Declaration of Alan D. Wallace: All objections, except Objection #4, are overruled. The opinion as to his "general opinion that a reasonably careful real estate professionals [Sicl operating in the field in similar circumstances to Defendants here would have recommended to Plaintiff to...

Excerpt: ... 116, 126; Reed v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this Page 7 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 offe...

Excerpt: ...ph. On August 25, 2022, the Court sustained Chase's demurrer, with leave to amend. Among reasons the Complaint was found uncertain was because Plaintiff did not expressly enumerate any causes of acton. On February 3, 2023, Plaintiff filed a First Amended Complaint. While Plaintiff now has numbered paragraphs, she still has not set forth separately numbered causes of action. Her allegations basically are the same, alleging issues with checking acc...

Excerpt: ...Pe
Ÿ
Ÿoner abandoned his writ pe
Ÿ
Ÿon by failing to Þle an opening brief; (2) the City's response to Pe
Ÿ
Ÿoner's CPRA request was
Ÿmely (as the result of a government holiday); and (3) the pe
Ÿ
Ÿon is moot because the City
Ÿmely produced all responsive documents. Page | 2 Abandonment The City cites Cal. Rules of Court, rule 3.1113(a) and Black Historical Society v. City of San Diego (2005) 134 Cal.App.4th 670, 678 to support its co...

Excerpt: ...its 1-3 attached to Defendant's Request for Judicial Notice filed March 9, 2023. Mohon for Reconsideration: The motion is denied. The Court loses jurisdiction to rule on a pending moton for reconsideration after entry of judgment. (APRI Ins. Co. v. Sup.Ct. (Schatteman) (1999) 76 Cal.App.4th 176, 181 [immaterial that moton to reconsider filed before entry of judgment]; Branner v. Regents of Univ. of Calif. (2009) 175 Cal.App.4th 1043, 1048 ["A mot...

Excerpt: ...ustee of the Donald and Barbara Atkinson Revocable Trust dated 8/23/1994; Richard Lee Atkinson (Richard); All Persons unknown Claiming a Legal Interest in the Real Property Commonly Described as 16586 Paine Street, Fontana, California 92336; and DOES 1 through 50, inclusive: (1) Receivership Against All Defendants; (2) Public Nuisance Against All Defendants; and, (3) Nuisance Per Se Against All Defendants. On November 12, 2022, the City filed a P...

Excerpt: ...ent based on race/color/ethnicity/naäonal origin, age, and disability in violation of FEHA; (3) retaliation in violation of FEHA; (4) retaliation in violation of Labor Cade S 1102.5; and (5) failure to take reasonable steps to prevent harassment, discrimination, and retaliation in violation of FEHA. Now at issue is the District's motion for summary judgment, or in the alternative, summary adjudication directed to each cause of action. For each i...

Excerpt: ...v. United Teachers Los Angeles Page 3 (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 settlemen...

Excerpt: ...8) 158 Cal.App.4th 116, 126; Reed v. United Teachers Los Angeles4 Counsel must provide a full lodestar analysis in the motion for final approval. 5 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 $0.06 per page. Page 7 (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In ...

Excerpt: ... a Court Order even in the absence of an authorization from Plaintiff.12 It would appear that Plaintiff has refused to informally provide an authorization and opposed the instant motion on the grounds that the Court cannot compel her to issue a written authorization because she asserts it is an unauthorized method of discovery to require Plaintiff to produce a written authorization in response to a Request for Production of Documents. The Court w...

Excerpt: ...ces Department" and "San Bernardino County Administrative Office" as defendants. In his operative First Amended Complaint (FAC), filed November 10, 2021, Plaintiff alleges the County hired him as Emergency Services Director sometme after his retirement as Fire Chief of upland in 2012. (See FAC "9-18.) The County replaced Plaintiff in February 2020 and ultimately terminated his employment in April 2021. (See id. "29, 43.) Plaintiff alleges: [A]fte...

Excerpt: ...ction, Set One, Plaintiff will produce supplemental responses to Nos. 1-6, 8-13, 16, 18, 20-24, 25, 29, 35, and 37-48. - As to Form Interrogatories, Set One, Plaintiff will produce supplemental responses to Nos. 7.1, 7.2, 9.1, 12.1, 12.3-12.7, 17.1, 20.9, 20.10, 50.1 and 50.2. - Finally, as to special Interrogatories, set one, Plaintiff will produce supplemental responses to Nos. 1, 2, 9-11, 13, 15-32, 35, 35, 39-82, and 84-98. Responses shall be...

Excerpt: ...d objections to the notice of deposition and failed to respond to the RFAs. On January 11, 2023, MBM filed this motion to compel deposition and motion to deem RFAs admitted. Both motions request monetary sanctions. After the motions were filed, Defendant filed a substitution of attorney on February 8, 2023 indicating she would be represented by Vip Bhola. These motions were originally on calendar for February 27, 2023. Defendant filed a late oppo...

Excerpt: ...e files in CIVDS1609443 (San Bernardino Co. superior court), 22STCV11495 (LA. co. superior court), CIVDS2004459 (San Bernardino co. superior Court), all L.A. Co. Superior Court civil filings relating to Henry Aguila, and the Motion for Summary Judgment granted in CIVDS1609443. These documents are not demonstrated to be relevant to the inquiry. In addition, Defendant did not provde a copy of these as required pursuant to Rules of Court, rule 3.130...

Excerpt: ... Schuh v. Cal. Dept. of Trans, et Civ.SB.2029431 (Schuh), and He, et al., v. Cal. Dept. of Trans. , et al., Civ.SB.2102100 (He). Plaintiffs seek leave to file a first amended complaint (three separate motions). For judicial economy and effciency, all three motions are set to be heard on April 6, 2023. All the above cases have all been filed by Plaintiffs' attorney Andrew M. Haskett, and a notice of related cases was filed in each achon on May 13,...

Excerpt: ...Defendant Calma was dismissed with prejudice pursuant to a motion for summary judgment. The remainder of the matter was dismissed without prejudice by Plaintiff on January 19, 2023. According to Plaintiff, the matter was dismissed in order to be re-filed such that Plaintiff may take advantage of AB35, which increases general damages in such medical malpractice matters. Statement of Law Except as otherwise expressly provided by statute, a prevaili...

Excerpt: ...ies had entered into an arbitration agreement. Defendant thereafter undertook to secure a stipulation to arbitrate, did not file motions or propound discovery and filed objections to Plaintiff's discovery to preserve its right to respond if arbitration was not successful. Plaintiff does not assert any substantive unconscionability and his claims of procedural unconscionability either lack evidentiary support2 or are not supported by the case law....

Excerpt: ...dant's request, and for a loan extended at Razo's request. On May 6, 2022, Razo filed an answer admitting three (3) paragraphs and generally denying all other allegations. She also asserted two (2) affirmative defenses. On November 22, 2022, Discover filed this motion for summary judgment. Razo has not filed opposition as of April 4, 2023. DISCUSSION: Although summary judgment might no longer be considered a "disfavored" procedure, the rule conti...

Excerpt: ...mber 12, 2021, Plaintiff filed suit on behalf of herself and similarly situated aggrieved employees alleging claims for (1) minimum wage violations; (2) wage statement violations; (3) meal-and-rest period violations; (4) untimely wages; (5) overtime wage violations; (6) waiting time penalties; (7) unfair competition, (8) retaliation in violation of Labor Code section 1102.5; (9) wrongful constructive termination in violation of public policy; and...

Excerpt: ...nstruction. In short, Plaintiff entered a construction contract on September 28, 2021 for the constructon of a steel building on a 4 specified piece of real property. Under the contract, Defendant Pacific Environmental Technologies (PET') would be the General Manager of the project. PETI delegated many of fts duties to Defendant Facility Services Management Company (FSMC). On September 29, 2021, FSMC entered a contract for Plaintiff's benefit for...

Excerpt: ...ged Defendants City of Ontario ("the City") and County of San Bernardino allegedly knew about the fireworks and failed to protect the public. In particular, several 911 calls had been made to the City for the past three years about the fireworks and the City failed to reasonably investigate or inspect the property. Plaintiffs also alleged that the ATF ignited the remaining ammunition and fireworks, which the County failed to stay for, which then ...

Excerpt: ...subd. Judicial Notice With its Demurrer, Defendant Wells Fargo requests judicial notice of (a) Deed of Trust recorded on June 28, 2002 (associated with 1st Loan), (b) Assignment of Trust Deed recorded on June 28, 2002, (c) Deed of Trust recorded on November 21, 2007 (associated with HELOC Loan), (d) Trustee's Deed Upon Sale recorded on April 27, 2018, associated with HELOC Loan, (e) Grant Deed recorded on March 29, 2021, which transferred the Sub...

Excerpt: ...Notice: The Court denies Plaintiff's request for judicial notice. Plaintiff Rutherford's requests involve irrelevant documents given the procedural posture of the case. (Hernandez v. Board of Education (2004) 126 Cal.App.4th 1161, 1168, fn. 1 [judicial notice can be denied on relevancy groundsl.) Defendant's Request for Judicial Notice: The Court denies Plaintiff's request for judicial notice. New evidence with the reply is generally improper (Ja...

Excerpt: ...bitration. It holds that the arbitrator is to decide the enforceability and scope of the Arbitration Provision within the proffered Employment and Confidentiality Agreement. The entire litigation will be STAYED pending the outcome of the arbitrator's ruling on arbitrability of claims and the disputes between the parties. Case Summary This is a disability discrimination case. Plaintiff was hired by Defendant as a forklift operator on October 1, 20...

Excerpt: ...ion of Business & Professions Code sections 17200, et seq.; and (9) civil penalties pursuant to the Private Attorneys General Act (PAGA). The parties thereafter engaged in extensive voluntary exchange of information, with Plaintiff's counsel performing a detailed payroll data analysis, in order to value the case and meaningfully participate in early mediation. The Court notes that the instant proposed settlement is as to employees of Defendant Dv...

Excerpt: ... reasonable rate for the commun-ty; (2) a $4,082 reduction relating to the two unsuccessful discovery motions; and (3) a $3,529 reduction relating to internal communications that the Court found excessive. The Court would deny the requested multiplier. Case Summary This matter is a relatively straightforward lemon law case. On or about February 18, 2013, Plaintiffs purchased the subject vehicle. They content that the vehicle's engine and breaking...

Excerpt: ...ions as an individual or whether he was acting in an official capacity for ASTI. Plaintiffs allege their business relations began in 2014, but there are no allegations as to when the specific business plan was created, even though there are allegations that ASTI was registered with the Secretary of State on January 12, 2015. 2. Second Cause of Action for Negligent Misrepresentation: The demurrer is sustained, with thirty days leave to amend. As w...

Excerpt: ...ed alleged four causes of action: (1) open book account; (2) breach of contract; (3) reasonable value of goods sold and received; and (4) account stated. Powell allegedly owed $1,812.38. The proof of service indicates Powell was served through substitute service on his father, Reed Powell, on August 6, 2006 at 17945 Hercules Street in Hesperia. Powell failed to respond and on November 20, 2006, a default was entered against him. The default judgm...

Excerpt: ...Merchantability. On June 8, 2021, Plaintiff served his Requests for Production of Documents, Set One, on GM. On July 6, 2021, GM served unverified, objections and responses. GM refused to supplement the responses, despite the parties' meet confer efforts. On August 18, 2021, Plaintiff filed a Mohon to Compel GM's Further Responses to Requests for Production of Documents, Set One, which GM opposed. On February 25, 2022, the Court heard and granted...

Excerpt: ...ent S29. The trial attorneys shall personally appear at the TRC — no court call. The trial document exchange is June 8, 2023 (which is a non-appearance date) and the trial documents filing date is June 19, 2023, except that motons in limine shall be filed in accordance with the local rules. The parties are ordered to comply with the Court's Trial Setting Order which will be available on the Court's website in a few days. All trial documents sha...

Excerpt: ...chattels [work tools, mobile home, fiat-bed trailer); and (8-9) conversion ["doom buggies" and Razor off-road vehicle. Ostensibly, Plaintiff means "dune buggies." But for purposes of this statement, the Court will adopt Plaintiff's use of "doom buggies." l.) Plaintiff alleges the follow-ng: In 2020, after four years of marriage to Plaintiff, Defendant filed a dissolution of marriage action. (Compl. 4.) On July 15, 2022, Defendant appeared at Plai...

Excerpt: ... complaint. While difficult to follow, the complaint indicates Broussard is a sole proprietor that leases unit 02-150 in Lake Arrowhead Village (the Village). Defendant, which one it is unclear, purchased the Village in 2019 with the stated intent of making improvements, addressing restorative deferred maintenance, and providing tourists with a "welcoming place." (Compl. at p. 2.) At the time of plaintiff's lease, Unit 02-150 was in dire need of ...

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 a...

Excerpt: ....4th 1409, 1419-1420 [equitable estoppel doctrine required employee who signed arbitration agreement with predecessor corporation to arbitrate claims against nonsignatory successor corporation (employees who continued working after merger impliedly accepted successor corporation's decision to contnue existing terms of employment, including arbitration agreement)].) "Under California law, a non signatory may invoke arbitration if the party can sho...

Excerpt: ...n a red substance while alking through the store and was injured. Defendant answered on October 5, 2020. On December 13, 2022, Defendant filed this Motion for Summary Judgment arguing the Plaintiff cannot prove the Defendant had actual or constructive notice of any dangerous condition giving rise to negligence or premises liability. The motion was served with a memorandum of points and authorities, declarations of Mark Lobre, Esq. and Darrick Ale...

Excerpt: .... A-B; Redfern Decl. at "15- 6, 13, Exhs. B-C & G.) Plaintiffs Espinosa moved to compel further responses to the RFPs. Defendant Honda opposed. Plaintiffs Espinosa replied. At the February 24, 2023, hearing, the Court held the motion was moot as to RFPs #19- 20, 22, 25-31, 37-38, 42-44, 52, 54, 57, 59, 61, and 63 in light of the supplemental responses that Plaintiff accepted. Remaining at issue were RFPs #18, 53, 55-56, 58, 60, 62, and 64. The Co...

Excerpt: ...6, 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 offered in set...

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: ...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 complet...

Excerpt: ...Amended Complaint (SAC) pleads (1) civil #nalties under PAGA; (2) failure to pay minimum wages; (3) failure to pay overtime; (4) meal violations; (5) rest break violations; (6) wage statement violations; (7) waiting time penalties; and (8) violation of the unfair competition law at Business and Professions Code sections 172W, et seq. In essence, the SAC alleges that Defendant required non-exempt workers to perform off- the-clock work; that its ro...

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 achon status through trial, the amount offered in settlement, the extent of discovery completed and the stag...

Excerpt: ...2) 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 stage ...

Excerpt: ...on March 24, 2023. This action was commenced on September 28, 2020 by Plaintiff Luoshan International, Inc. ("Plaintiff" or "Luoshan") asserting causes of action for (1) breach of contracts; (2) account stated; (3) unjust enrichment; (4) quantum meruit; and (5) Cal. Bus. & Prof. Code, 517200. The Complaint seeks recompense for the breaches of contract Defendant eGreen committed in failing to pay invoices. Plaintiff Luoshan is a California company...

Excerpt: ...e a full lodestar analysis in the motion for final approval. 7 Should the matter be approved, 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 $0.06 per page. Page 6 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 dis...

Excerpt: ...ntimely. The deadline to notice a motion was August 17, 2021 (45 days plus 2 days for email service from June 29, 2021, the date of the response). This motion was not filed until August 25, 2022, more than a year after the deadline. It is true that the parties had an Informal Discovery Conference (IDC) with the court, discussing the issues. While requesting an IDC stays a running deadline for a discovery motion under this court's rules as a Compl...

Excerpt: ...elihood of prevailing," because plaintiff did not establish a prima facie case. After considering the briefs and oral arguments, the court ordered further briefing. For ease of reference, the original tentative ruling is quoted below verbatim: ORIGINAL TENTATIVE RULING Special Moton to Strike The Anti-SLAPP statute provides that a cause of action arising from any act by committed in furtherance of a constitutionally (U.S. or Cal.) protected right...

Excerpt: ...y attempts to lump PAGA Aggrieved Employees into the two general "classes" being resolved for class claim purposes without consideration whether the class periods comport with the PAGA statute of limitations. Preliminary Approval of Class Acton Settlements in General 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." (Ku...

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 s...

Excerpt: ...'s counsel states a letter was sent February 8, 2023. Plaintiffs counsel responded that she would prov-de a response by February 13, 2023. As of February 22, 2023, Defendant had not received a response. (Freund Decl. '1 5 and Exh. 2.) Instead of reaching out again, Defendant filed the motion. Defendant's reply asserts that Plaintiff's counsel "utterly failed to respond to numerous meet and confer efforts." Yet defense counsel's declaration submit...

Excerpt: ...AL AND FACTUAL BACKGROUND Through the course of discovery, LLU propounded a second set of requests for production of documents (RPD's) upon each plaintiff. Responses were served on November 14, 2022. With respect to RPD No.'s 45-49, which seek wage and tax documents, plaintiffs indicated they were not pursuing a loss of earnings and therefore refused to prov-de a substantive answer. LLU then sent a meet and confer letter, plaintiffs responded, an...

Excerpt: ...and Dura Technologies, Inc. seek to compel arbitration pursuantto Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906.2 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 etseq. (FAA), a PAGA action is div...

Excerpt: ...ar for 1990- 91 was Cardenas's first year at Victor Elementary School, where Jane VH1 Doe was his student. The issue raised by this motion for summary judgment is whether there is a triable issue of fact whether defendant Victor Elementary School District knew or should have known that Cardenas posed a risk to students of sexual abuse, yet still hired, retained, or inadequately supervised him. (See Roe v. Hesperia Unified School District (2022) 8...

Excerpt: ...rt Model Order (the LASC Model Order), but Ford seeks additional modifications thereto. Plaintiff opposes the motion and Ford replies. Analysis Meet and confer. Defense attorney Yoseph Rixit (Rixit) declares Ford and Plaintiff's counsel have been discussing a protective order for this case and other similar cases for months, and specifically met and conferred telephonically on February 1, 2023. (Rixit Decl., 94.) The meet and confer requirement i...

Excerpt: ...As alleged, Defendants hold the following interests in the property at issue: • Aaron Chang, Trustee of the Change Family Trust (Fee Owner); • Ruth Chang, Trustee of the Chang Family Trust (Owner); • Farmers and Merchants Trust Company (Trustee/Beneficiary); On March 9, 2022, SBCTA filed its Complaint in Eminent Domain. The subject property is a part of the construction of the West Valley Connector Project ("Project"), a zero-emission Bus R...

Excerpt: ...ROCEDURAL AND FACTUAL BACKGROUND Through the course of discovery, LLU propounded a second set of requests for production of documents (RPD's) upon each plaintiff. Responses were served on November 14, 2022. With respect to RPD No.'s 45-49, which seek wage and tax documents, plaintiffs indicated they were not pursuing a loss of earnings and therefore refused to prov-de a substantive answer. LLU then sent a meet and confer letter, plaintiffs respon...

Excerpt: ...uests for production of documents. The original responses consisted solely of objections, but Plaintiff provided supplemental substantive responses to this very (emphasis added) voluminous discovery shortly after the instant motion was filed. Plaintiff opposes the motion via a single omnibus brief, and Defendant replies. The primary issue remaining is sanctions. As explained in more detail below, counsel have serious communication issues which re...

Excerpt: ...unfair business practices; (8) wrongful foreclosure; and (9) cancellation of written instruments. Rushmore Loan Management Services, LLC ("Rushmore"), and US. Bank Trust National Association, as Owner Trustee for Legacy Mortgage Asset Trust 2019-GS5 ("U.S. Bank") (collectively, "Defendants") demurred. At the hearing on December 12, 2022, the Court sustained the demurrer, without leave to amend, to the First through Eighth Causes of Action. The Co...

Excerpt: ...p.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 (21W6) 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 sett...

Excerpt: ...aintiffs leave to amend. On October 17, 2022, Plaintiffs Celia Espinosa and Eduardo Espinosa ("Plaintiffs") filed the operative First Amended Complaint ("FAC"). According to the FAC, on October 14, 2020, Plaintiffs leased a new 2020 Honda CR-V, with express and implied warranties from Honda. (FAC, '1 8.) Defendant American Honda Motor Co., Inc. ("AHM") breached the express and implied warranties because the vehicle suffered from serious defects a...

Excerpt: ...erefore, the Court reiterates its prior tentative ruling: Tentative Rulings As to the Motions: The Court would GRANT these two unopposed motions. Verified responses without objections will be produced within 20 days. As to Requests for Sanctions: The Court would impose sanctions on Plaintiff in the amount of $585 per motion ($1370 in total). Sanctions are payable within 20 days. Case Summary This is a personal injury case stemming from a 2018 aut...

Excerpt: ...re to reimburse and a claim for civil #naltes pursuant to the Private Attorneys General Act (PAGA). Plaintiff seeks to represent a class of 181 non-exempt employees working for Defendant's operations in California from January 8, 2015 through March 24, 2022. Following the onset of the case, and in connection with anticipated mediation, Defendant provided Plaintiff with key class-wide data points and relevant documents, sufficient for Plaintiff to...

Excerpt: ...ed. Without meeting and conferring, Tate filed the pending motion to deem facts admitted the next day, November 29th. Tate then sent a meet and confer letter on December 1st and filed the pending motions to compel verified responses to the FRog's and RPD's on December 20th. The motions are supported by a declaration from attorney Bryan Whitmer-Cabrera; the discovery and discovery responses; the letter from Golden State; and the responsive letter ...

Excerpt: ... to the Motion to Compel, Supporting Documents, and Minute Order from the Barrera v. Lollicup USA, Inc. matter. GRANT as to the existence of the documents only. (Evid. Code, 5452(d).) As to Plaintiff's Objections: Plaintiff objects to the Shih Declaration generally and specifically are OVERRULED. As to the Motion to Compel Arbitration: 1. Defendant's Motion to Compel Arbitration of Plaintiff's non-representative PAGA claims is GRANTED. 2. Plainti...

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 s...

Excerpt: ...rcement of state labor laws." (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th f, 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 submitted to the court." I Upon approval, a c...

Excerpt: ...(6) constructive discharges; and (7) unlawful/unfair business practices. Plaintiff was a hazardous materials worker employed by defendant Berkley, involved in the abatement of asbestos, lead, and other environmental clean-up. Defendant Berkley seeks summary adjudication of the issue of constructive discharge attendant to the sixth cause of action of the complaint. During the course of discovery, the plaintiff has raised the contentions, among oth...

Excerpt: ..., (6) failure to prevent discrimination and retaliation, and (7) wrongful termination. Defendants' Motion for Summary Judgment Now, through the pending motion, defendants seek summary judgment, or in the alternative summary adjudication, on the grounds that Flores cannot establish his prima facie case; there was a legitmate business reason for the termination; and Flores was fully accommodated. The facts presented with the motion indicate TiVa cu...

Excerpt: ... to pay minimum wages; (4) failure to pay overtime; (5) failure to indemnify/ reimburse; (6) wage statement violations; (7) untimely final pay; (8) unfair business practices under Business and Professions Code, section 1721W; and (9) civil penalties under PAGA. In essence, Plaintiffs allege that they were employed by Defendant as non-exempt employees in Defendants' California workforce, where such violations took place. They seek to represent a c...

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...