Excerpt: ...GRANT sanctions against Defendant in the amount of $2,5æ', payable within 30 days. Case Summary This is, in essence, a discrimination and harassment case. Plaintiffs contend that they were harassed and discriminated against during their employment as police officers at Defendant City. They allege discrimination and harassment on the basis of disability and age, as well as other protected categories. Plaintiff Vasek further contends he was denied...

Excerpt: ...garding a 2018 Ford F-1ffJ (the Vehicle), which the Plaintiffs purchased for one hundred thousand nine hundred and thirty-nine dollars and twenty-eight cents ($100,939.28.) Plaintiffs allege the Vehicle had multiple defects and nonconformities to the warranty and Ford is unable to conform the Vehicle to the applicable express warranty. Plaintiffs further allege Raceway breached duty to Plaintiffs in failing to use ordinary care and skill by faili...

Excerpt: ...Y, without prejudice. Alternatively, the Court would consider a CONTINUANCE for the purpose of submission of a revised class notice. Preliminary Approval of Class Action Settlements in General Settlement of a class action requires court approva . (Cal. Rules of Court, rule 3.759.) The moving party must demonstrate that "the settlement is fair, adequate and reasonable." (Kullar v. Fcm Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 126; Reed v. un...

Excerpt: ...Reed v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of the plaintiffs' case, the risk, the expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement,...

Excerpt: ...ments; (5) waiting time; and (5) unfair competition law. As part of and in furtherance of settlement, Plaintiff— along with the prior motion for preliminary approval— submitted a proposed First Amended Complaint (FAC), adding a cause of action for civil penalties pursuant to the Private Attorneys General Act (PAGA). The Court approved and filed the proposed FAC at that time. After commencing litigation, the parties informally exchanged policy...

Excerpt: ...ional distress; (2) promissory fraud; (3) negligent misrepresentation; and (4) negligence. After a demurrer and motion to strike heard on 29, 2021, Plaintiff filed the operative First Amended Complaint (FAC), asserting the same causes. As background, Plaintiff suffered physical and emotional injuries when he intervened to protect a women from being attacked in October of 2018. He alleges that his treating doctor at Defendant Hospital made written...

Excerpt: ...uary 22, 2020, he sustained injuries from a protruding bolt on real pro#rty located in San Bernardino, California. Plaintiff alleged Defendants were negligent in hiring, supervising, or retaining a vendor to perform maintenance, repairs and upkeep of the subject property. Plaintiff further alleged Defendants controlled and maintained a dangerous condition, which proximately caused Plaintiff to suffer injuries and damages. On August 30, 2023, CBRE...

Excerpt: ...n, Inc. and Plaintiffs Deborah Stevens, Corrie Stevens, Kylee Warnick, and Tammara Mansel Bolthouse's Motion The Court reserves its ruling on the Bolthouse's motion since Plaintiffs indicated it their opposition that 1) the deposition of Bolthouse's PMK has yet to occur, and 2) Bolthouse has purportedly failed to respond to discovery. If the opposing party shows by declaration that essential evidence "may exist but cannot, for reasons stated, be ...

Excerpt: ... was November 6th. Plaintiffs did not file the Reply until the day after on November 7th. The prtnf of service attached to the Reply indicates Plaintiff served the Defendants by e-mail on November 7, 2023. The court, in discretion, may refuse to consider late-filed papers in ruling on a motion. Here, Plaintiff's Reply is one day late due to the court being closed on November 10th in observance of Veteran's Day. As Defendants are not likely to suf...

Excerpt: ...asonic submitted a written purchase order for 240 complete, new jig shafts with safety latches, 1,250 retrofitted anode safety latch mods, and 420 retrofitted cathode safety larch mods. Vanguard accepted the purchase order "completing a written agreement between the parties". Thereafter, Panasonic informed Vanguard that it could not use preexisting guide rails and end caps so it verbally asked Vanguard to replace the end caps and left and right g...

Excerpt: ...a claim for fraudulent concealment are: "(1) concealment or suppression of a material fact; (2) by a defendant with a duty to disclose that fact to the plaintiff; (3) the defendant Page I 2 intended to defraud the plaintiff by intentionally concealing or suppressing the fact; (4) the plaintiff was unaware of the fact and would not have acted as he or she did if she had known of the concealed or suppressed fact; and (5) plaintiff sustained damages...

Excerpt: ...ide employees with the quota in writing, as required by Labor Code sections 2101 and 2102. The quotas also purportedly interfered with the employees' rest periods. As a result, Zamores commenced the underlying PAGA action against Ryder on July 28, 2023. The complaint contains one cause of action for violation of Labor Code sectons 2101 and 2102 and a second cause of action for PAGA penalties. The complaint further indicates Zamores worked as a fo...

Excerpt: ...he child abuse and neglect reporting act; (2) negligence; (3) breach of duties arising under a special relationship; (4) professional negligence; and (5) medical malpractice. The causes are alleged to arise out of events subsequent to Plaintiff's presentation as a patent to Defendant Hospital on or about October 2, 2020, relating to a religion-based declining of certain treatment protocol and an alleged failure on the part of Defendants to follow...

Excerpt: ...ever, the exact terms of the agreement are unclear and plaintiff merely contends Sauer failed to compensate or reimburse her for any of the services or ex#nditures. Based on these facts, plaintiff commenced suit against Sauer on September 11, 2023, for breach of contract and unjust enrichment. Attached to the complaint are a string of text messages and paperwork related to the short term rental approval process. One of the text messages appears t...

Excerpt: ...o the Ethereum was held on a USB device called a "ledger." The ledger stores private keys for each cryptocurrency. Plaintiffs allege that, in November of 2021, they wanted to sell 110 of their Ethereum. Since these are sensitive transactions, they reached out to Defendants, who were friends that could help them. On November 17, 2021, Plaintiffs went to Defendants' home to conduct the transaction. Plaintiffs allege that one Defendant noted the lar...

Excerpt: ... (6) timeliness of pay; (7) accurate wage statements; and (8) unfair competition law. On April 26, 2022, Plaintiff filed a First Amended Complaint (FAC) to add a cause of action for civil #nalties pursuant to the Private Attorneys General Act (PAGA). After commencing litigation, the parties informally exchanged policy and payroll documents and other information sufficient to allow early mediation. Thereafter, on February 28, 2023, the parties eng...

Excerpt: ...e discharge, (7) discrimination (medical/disability), (8) discrimination (race), (9) failure to prevent, (10) harassment, and (11) intentional infliction of emotional distress (IIED). The Complaint generally alleges that Banks was employed as a production manager between 2008 and January 29, 2021, by BEST and ICRC. Banks is an African-American male who has a guardian or power of attorney because of his mental and physical disabilities ("6a-7a). [...

Excerpt: ... of Labor Code section 223; (4) failure to provide meal and rest periods; (5) violation of Labor Code secton 227.3; (6) violation of Labor Code section 246; (7) violation of Labor Code sections 201 and 203; (8) violation of Business and Professions Code section 17200; (9) violation of Labor Code sectons 226 and 1198.5; (10) violation of Labor Code section 233; (11) violation of Labor Code section 1102.5; (12) wrongful termination in violation of ...

Excerpt: ...aint pleads 2 causes of action: (1) retaliation and (2) failure to prevent. The Complaint alleges that DSH employed Villalpando as a police sergeant with the Patton Police. In 2018-19, he was assigned as the training sergeant during the day shift. On December 18, 2018, Patton Police Officer Jenna Trejo filed an administrative complaint for harassment. Villalpando was interviewed during the investigation and testified as a witness favorable to Tre...

Excerpt: ... minimum wages: (3) meal periods; (4) rest breaks; (5) waiting tme penalties; (6) accurate wage statements; as well as (7) violation of the unfair competition law; (8) penalties pursuant to Section 210; (9) penalties pursuant to Section 226.3; (10) penalties pursuant to Secton 558; (11) penalties pursuant to Section 1197.1; and (12) civil penalties pursuant to the Private Attorneys General Act (PAGA). Relevant here, in Riverside County, plaintiff...

Excerpt: ...,458.28. GM opposes on the grounds that the fees requested are unreasonable since the tasks performed were routne and "recycled" from prior cases or the tasks were unnecessary to the litigation. Any fees related to the fraud claim would also be improper according to GM. Overall, GM contends the fees should be no more than $31,773. Hourly Rates. With regard to reasonableness of the rates requested, the lodestar is determined by reviewing the "prev...

Excerpt: ...rd was in the file. Its contents were a concealed book insofar as the consideration of the demurrer was concerned."].) As to the Demurrer: The Court would SUSTAIN. However, the Court would grant 30 days' leave to amend to allow Plaintiff an attempt to address the statute of limitations issues noted infra. Case Summary This is essentially an action for retroactive enrollment in CalPERS medical plan. Plaintiff retired per disability from her state-...

Excerpt: ... on May 15, 2017 in The County of San Bernardino Official records attached as Ex.2, Doc# 2017- 0198044. The Court GRANTS judicial notice of the grant deed, RJN #2. With regard to the Complaint in this action, it is part of the Court file. Thus, it is unnecessary for the Court to take judicial notice since it has the power to look at its own case file. The Court therefore DENIES the request as unnecessary. (See Davis v. Southern California Edison ...

Excerpt: ...ameda County action (Jonathan Bullinger v. The Finish Line, Inc. (Case 23CV038515)) is transferred to San Francisco and that action is consolidated with this action (CGC-23-605200) for all purposes. All future filings shall be under case number CGC-23-605200. While plaintiff s dismissal of several of his Labor Code claims in this case reduces the overlap, there remains overlap regarding the enforceability of the parties arbitration agreement. Tha...

Excerpt: ...n (l), allows for the recovery of attorney fees associated with litigation compelling an employer to comply with its obligation to produce the personnel file. Plaintiff also contends that he can recover attorney fees under Labor Code section 432.6, subdivision (d),l which provides a court may award reasonable attorney fees to a prevailing plaintiff who enforces his rights under this section. An employer is precluded from requiring as a condition ...