Excerpt: ...that all the discovery – and the motions – were served by email. However, movant fails to indicate in any declaration that Defendant consented to service by email. (See Rules of Court, rule 2.251(b).) The Court will inquire at hearing regarding agreement to such servi ce. Presuming proper service, the Court would (1) deem the Requests for Admission, Set One (RFA1) as admitted; and (2) compel responses to Requests for Production, Set One (RFP1...

Excerpt: ...oduce a PMQ fo r those categories. Case Summary This is a lemon law case. The Complaint alleges that in September of 2022, Plaintiffs purchased the subject vehicle with a warranty from the Defendant Auto Manufacturer. Plaintiffs allege the vehicle developed defects rela ted to steering and braking. Although it was taken for repairs, it was not conformed to its warranty, and Plaintiffs filed suit December 6, 2022, alleging (1) violation of Civil ...

Excerpt: ...our class action agai nst Defendants in Orange County Superior Court (No. 30 -2023- 01316157), alleging fairly parallel claims. On March 31, 2023, Plaintiff Santana filed her notice with the LWDA for a PAGA claim, and she filed a First Amended Complaint in Orange County Superior Court on June 14, 2023, to add that claim for civil penalties under PAGA. Then, on May 19, 2023, Plaintiff Moreno filed a second complaint in San Bernardino County Sup...

Excerpt: ... Case Summary This case is, essentially, for trade secret misappropriation and intentional interference with economic relations. In short, Plaintiff is an insurance agency. The individual Defendants were workers at the agency. In September of 2022, the then sole owner o f Plaintiff passed away, leaving the business to his heirs. It was during this transfer of ownership that the current owners learned that the individual Defendants had formed thei...

Excerpt: ..., deter future on es, 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.” (Id. at p. 89.) The LW DA must be notified of the settlement and be given an opportunity to object. The Court may looks to parallel class action guidelines to determine what is “fair, adeq...

Excerpt: ...acturer. Plai ntiffs allege the vehicle developed defects related to brakes, steering control buttons, the infotainment system, back- up camera, blind-spot monitoring sensors and the reduced power mode. Although it was taken for repairs, it was not conformed to its warran t y, and Plaintiffs filed suit on August 29, 2023, alleging breach of express and implied warranties under the Song -Beverly Consumer Warranty Act. The Complaint also alleges v...

Excerpt: ...o take break s as needed. Case Summary This is a personal injury case. Plaintiff asserts that a traffic accident on September 11, 2021, was caused when Defendant Liu fell asleep while driving. Plaintiff, a construction worker working on foot, was struck in the ensuing accident. Plaintiff filed suit on June 29, 2022, alleging (1) motor vehicle; and (2) general negligence. Notably, Plaintiff claims orthopedic and brain injury, with cognitive and b...

Excerpt: ...nuary 2021. During the course of the relationship, in or around May of 2018, Plaintiff negotiated and purchased the subject property and put her name solely on the title. However, Defendant claims an ownership interest in the property based at least in part on a Right of First Refusal to Purchase” he filed in July of 2021. Plaintiff initially filed this action on October 15, 2021 to quite the title. On December 3, 2021, Defendant filed a Cro...

Excerpt: ... this is a br each of fiduciary duty case. Plaintiffs own one unit of a triplex that is subject to the Covenants, Conditions, and Restrictions (CC&Rs) of Defendant Lake Chalet Homeowners Association (HOA). Plaintiffs assert that Defendant HOA violated the CC&Rs and rel evant Bylaws by failing to maintain and repair common areas; not maintaining proper financial records; allowing Defendants Prine to make unilateral decisions concerning the devel...

Excerpt: ...uto Manufacturer. Plaintiffs allege the vehicle developed defects related to brakes, steering control buttons, the infotainment system, back- up camera, blind-spot monitoring sensors and the reduced power mode. Although it was taken for repairs, it was not conformed to its warranty, and Plaintiffs filed suit on August 29, 2023, alleging breach of express and implied warranties under the Song -Beverly Consumer Warranty Act. The Complaint also all...

Excerpt: ...2, Plaintiffs purchased the subject vehicle with a warranty from the Defendant Auto Manufacturer. Plaintiffs allege the vehicle developed defects related to steering and braking. Although it was taken for repairs, it was not conformed to its warranty, and Plaintiffs fi led suit December 6, 2022, alleging (1) violation of Civil Code, section 1793.2(d); (2) violation of Civil Code, section 1793.2(b); (3) violation of Civil Code, section 1793.2(a)(...

Excerpt: ... Court would DENY, without prejudice. Case Summary This is an individual and representative1 wage -and -hour case. In essence, Plaintiff alleges that, as an employee of Defendant, she and other employees were shorted wages; did not received proper meal -and -rest periods; were not properly reimbursed for cell phone usage; were not properly paid overtime; and were not paid for work during non- work time. She asserts that after she made complaints,...

Excerpt: ...Plaintiff is a contractor and alleges that, on or about October 2, 2020, it entered into a written agreement to perform repairs on a property for Defendant. There were subsequent additions and modifications to the contract. Plaintiff alleges that it finished all necess ary work and met all its obligations under the contract, but remains unpaid on a large portion of the agreed -upon amount. As such, it filed a mechanic's lien on July 20, 2022, ...

Excerpt: ...or file a new memorandum of costs in compliance with rule 3.1700 of the Rules of Court. Case Summary This is limited collections matter. Plaintiff filed a judicial council form complaint on July 25, 2023, alleging causes for (1) breach of contract (written); (2) breach of contract (implied in fact); (3) -(4) common counts (money lent, paid and expended for defendant); and (5) -(6) common counts (open book & account stated). The complaint seeks ...

Excerpt: ... to amend. Case S ummary This is a breach of contract, business dispute. The Plaintiff is the trustee of his father's trust and brings the suit in that capacity. His father is deceased but is alleged to have been a medical practitioner who owned a clinic. He alleges that, a fter his father passed on July 5, 2021, he acted in his capacity as trustee to try and sell the clinic to Defendant Best Health. Defendants Correa and Gutierrez were ostensibl...

Excerpt: ... she was ini tially disciplined for not reporting the accident and injury. She eventually took time off and then came back with medical restrictions. She asserts that she was sent home and told she would not be allowed to return until she was free from all restrictions . On April 12, 2022, Plaintiff asserts she presented a doctor's note, lifting the restrictions, but that Defendants would not accept it since it was not authored by her treating ph...

Excerpt: ...lighting, an d mechanical systems. Despite being covered by express and implied warranties, the vehicle's manufacturer (Defendant) was unable to fix the vehicle, despite a reasonable number of attempts. Defendant also allegedly failed to replace the vehicle or make res titution. As a result, Plaintiff filed the instant suit against Defendant on May 2, 2022, for (1) violation of Section 1793.2 of the Song Beverly Consumer Warranty Act (Act), whi...

Excerpt: ....App.4th 116, 12 6; 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 streng th 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 a...

Excerpt: ...llowing the deat h of the original plaintiff, a Second Amended Complaint (SAC) was filed on January 11, 2023, to substitute in Plaintiff Santos. The operative SAC alleges violations related to (1) meal periods; (2) rest breaks; (3) overtime wages; 3Counsel must provide a f ull lodestar analysis in the motion for final approval. 4Costs must be documented. The court does not award costs for LEXIS or Westlaw usage (which are considered items of ov...

Excerpt: ...solidated the matte rs. The operative claims are for violations relating to (1) overtime; (2) meal periods; (3) rest breaks; (4) minimum wages; (5) final pay; (6) wage timeliness; (7) wage statements; (8) payroll records; (9) reimbursements; as well as (10) violations of the unfair competition law; and (11) civil penalties pursuant to PAGA. Per the terms of the currently proposed settlement, Plaintiffs would represent all of Defendant's current ...

Excerpt: ...red. As such , they brought a petition to release the lien on or about May 13, 2021. Defendant answered on November 19, 2021. Relevant here, Plaintiffs moved for judgment on the pleadings due to the answer being unverified. The Court granted that motion on S eptember 12 , 2023, with thirty (30) days of leave to amend. More than thirty (30) days passed with no amended answer and this motion followed. However, upon leave of the Court, a verified ...

Excerpt: ...rican and We lls Fargo. However, the Court would DENY Defendants' request for monetary sanctions. Case Summary This is a post -judgment collection effort. On February 28, 2022, Judgment Creditor file a renewal of judgment against Defendants. Relevant here, on in the fall of 2023, the Judgment Creditor sent a number of subpoenas to the Defendants' relevant business entities. On November 29, 2023, Defendants filed a motion to quash the fifteen s...

Excerpt: ...semi from Defendants on March 15, 2022. They allege that Defendant's agent asserted that the vehicle was in conformity with emissions guidelines and had a successful DOT inspection. (FAC, ¶17.) Plaintiffs assert they relied on those representation. Despite the representations, they assert that the vehicle began smoking a week later, and that it was later determined to be inoperable. After attempting to have Defendants address the issues, Plainti...

Excerpt: ...y 2, 2022, P laintiff filed his first suit (Complaint #1) for (1) setting aside a fraudulent trustee's sale; (2) fraudulent conveyances; (3) fraud and conspiracy to commit fraud; (4) declaratory relief; (5) conspiracy to commit fraud; (6) slander of title; (7) intentio nal misrepresentation; (8) unconscionability; (9) fraudulent conversion; (10) cancellation of false documents; (11) quiet title; (12) intentional interference with economic advan...

Excerpt: ...the Motio n to Strike: The Court would DENY as moot given its ruling on demurrer. Case Summary This is a sexual abuse case. Plaintiff alleges that she was sexually abused in 1988, when she was eight years old, by “Doe 3,” who was later identified as a teacher at the Defendant School District. At the time, Plaintiff was in foster care and under the custody and control of a statelicensed foster home. The abuse allegedly was extensive and conti...