Excerpt: ...ewage backup -nto the insured's home. On April 25, 2023, the Plaintiff filed this instant suit against Defendants City, NPL and Federal Insurance Company. Defendant City filed the instant demurrer in response on July 28, 2023. Statement of Law A demurrer challenges defects that appear on the face of the pleading, which includes incorporated exhibits, or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 c...

Excerpt: ...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 settle...

Excerpt: ... On June 7, 2021, Plaintiff filed a First Amended Complaint, adding wage-and-hour class claims. The operative Second Amended Complaint (SAC) was filed on December 22, 2022, alleging (1) civil penalties pursuant to PAGA, as well as class claims for violations related to (2) minimum wages; (3) overtime; (4) meal periods; (5) rest breaks; (5) wage statements; (7) final pay; (8) reimbursements; and (9) the unfair competition law. After commencing lit...

Excerpt: ...ertime; (4) meal (5) rest breaks; (6) wage statements; (7) reimbursements; and (8) timeliness of wage payments. On April 10, 2023, Plaintiff consolidated into this matter a cause of action for (9) civil penalties 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 Plaintiff's counsel to analyze and value the case ...

Excerpt: ...t, on or about August 16, 2019, Plaintiff filed a complaint, alleging a single cause of action for medical malpractice. Summary of the Law A mental or medical examination of a plaintiff may be obtained by leave of court with a showing of gtncl cause. (CINIe Civ. Proc., SS 2032.310-2032.320.) The moton must specify: (1) the date and time of the exam; (2) the place of the exam, with good cause being shown if it is more than 75 miles from the examin...

Excerpt: ...result, on or about August 16, 2019, Plaintiff filed a complaint, alleging a single cause of action for medical malpractice. Summary of the Law A mental or medical examination of a plaintiff may be obtained by leave of court with a showing of good cause. (Code Civ. Proc., SS 2032.310-2032.320.) The moton must specify: (1) the date and time of the exam; (2) the place of the exam, with good cause being shown if it is more than 75 miles from the exa...

Excerpt: ...to improperly grant themselves interest or lien on his properties. On May 2, 2022, Plaintiff filed suit 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; (5) slander of title; (7) intentional misrepresentation; (8) unconscionability; (9) fraudulent conversion; (10) cancellation of false documents; (11) quiet title; (12) i...

Excerpt: ...der the custody and control of a statelicensed foster home. The abuse allegedly extensive and continued until she was sixteen. Defendant Doe 3 allegedly abused in excess of five minors. Plaintiff alleges that, despite an investigation and various reports of misconduct, the District simply moved Doe 3 around in the District. Further Plaintiff alleges that a caseworker for the foster agency not only ignored the claims but accused her of lying. (Com...

Excerpt: ...result, on or about August 16, 2019, Plaintiff filed a complaint, alleging a single cause of action for medical malpractice. Summary of the Law A mental or medical examination of a plaintiff may be obtained by leave of court with a showing of good cause. (Code Civ. Proc., SS 2032.310-2032.320.) The moton must specify: (1) the date and time of the exam; (2) the place of the exam, with good cause being shown if it is more than 75 miles from the exa...

Excerpt: ...int #1's case, Defendant Pathak filed indicating relation of the cases. (See, e.g., Motion for Reconsideration, 4/17/23 [listing Complaint #2 as a related casel.) 3 Plaintiff also asserts that Judge McCarville somehow lacked jurisdiction. This assertion is without citation or support. The Court notes that Code of Civil Procedure, section 1408, vests trial courts with such jurisdiction. 7 competition; (10) penalties under Section 210; (11) penalti...

Excerpt: ...or civil penalties pursuant to the Private Attorneys General Act (PAGA). In essence, the Complaint alleges Labor Code violations relating to (1) minimum wages; (2) overtime wages; (3) meal periods; (4) rest breaks; (5) wage statements; (6) wage timeliness; and (7) final pay. Notably, prior to the instant action, Plaintiff had already filed a wage-and-hour class action in San Bernardino County (CIVS82305885) based on the same underlying violations...

Excerpt: ...y executed a personal guaranty, both individually and as trustee of a related trust. Plaintiff alleges it also executed a Master Pay App Agreement (MPAA) with Defendant, in which they agreed Plaintiff would purchase Defendant's right to payment under certain constructon payment applications. Defendant Theisen also allegedly executed a personal guaranty on the MPAA. Plaintiff further alleges that Defendant failed to make required payments under th...

Excerpt: ...reveals that the suit was filed on January 5, 2023, meaning that even if Section 340.1 applied the claims would be time barred by a few days. Plaintiff concedes that, if filed as of January 5, 2023, the Complaint would untimely. However, she argues that she attempted to file documents on December 27, 2022, and that the documents were improperly rejected by the clerk's office because of confusion relating to the filing of documents under seal. In ...

Excerpt: ...iffs filed their original complaint on March 25, 2021, alleging a single cause of action for wrongful death and asserting that the lack of a fence was the cause of the death. On June 14, 2022, Plaintiffs attempted to file a First Amended Complaint, amending to assert four causes: (1) wrongful death —Secton 835; (2) wrongful death — Section 1983 [re denial of care]; (3) wrongful death — Section 1983 Ire failure to protect from suicidal actio...

Excerpt: ...gainst the District in the amount of $1,500. Sanctions are payable within thirty (30) days. Case Summary This is a sexual abuse case. Plaintiffs were, at the time of the allegations, under-aged high school football players. In essence, Plaintiffs assert claims against a former head athletic trainer for her sexual misconduct and the school district for failing to protect them from her conduct. Plaintiff filed their operative First Amended Complain...

Excerpt: ...class and representative action. On May 30, 2023, Plaintiff filed his wage-and-hour class action against his former employer. On August 8, 2023, he filed his operative First Amended Complaint (FAC), which alleges violations relating to (1) minimum wages; (2) overtime wages; (3) meal periods; (4) rest breaks; (5) reimbursements; (6) accurate wage statements; (7) wage timeliness; (8) final pay; as well as claims for (9) violations of the unfair com...

Excerpt: ...upported by 5 hours total time in furtherance of the motions). Sanctions are payable within thirty (30) days. Case Summary This is a sexual abuse case. Plaintiffs were, at the time of the allegations, under-aged high school football players. In essence, Plaintiffs assert claims against a former head athletic trainer for her sexual misconduct and the school district for failing to protect them from her conduct. Plaintiff filed their operative Firs...

Excerpt: ...rtime; (4) meal periods; (5) rest breaks; (5) wage statements; (7) reimbursements; (8) wage payment timing; and, individually, for (9) constructive discharge/ adverse employment actions. On March 22, 2023, pursuant to stipulation, Plaintiff filed a First Amended Complaint (FAC) that consolidated a Private Attorneys General Act (PAGA) complaint. After commencing litigation, the parties informally exchanged policy and payroll documents and other in...

Excerpt: ...ase Summary This is a wage-and-hour class and representative action. Plaintiff was employed by Defendant as a manager from March of 2010 to June of 2022. On October 21, 2022, he filed complaint against Defendant, seeking to represent all non-exempt California employees during the statutory period, and alleging violations relating to (1) wages; (2) rest breaks; (3) meal periods; (4) wage timeliness; (5) accurate wage statements; (6) waiting time p...

Excerpt: ...buts Defendants' residence in May of 2012. He alleges that issues with Defendants in 2020. Roughly, Plaintiff alleges, among other things, the cutting of privacy hedges and other plants; the leaving of dog feces; a constantly barking dog; and the installation of invasive cameras. Plaintiff further alleges that tensions escalated to assault with great bodily harm against him on April 3 and April 19, 2021, with continuing threats into 2022. On Nove...

Excerpt: ...motive work, among other things. He worked for Defendant from October of 2020 through approximately December 2022. On April 7, 2023, he filed complaint against Defendant, seeking to represent all nonexempt California employees during the statutory period, and alleging violations relating to (1) overtime wages; (2) minimum wages; (3) meal periods; (4) rest breaks; (5) waiting time penalties; (6) accurate wage statements; (7) wage timeliness; (8) r...

Excerpt: ...mamoto. The operative Second Amended complaint (SAC) alleges causes of action for (1) racial discrimination in violation of the California Fair Employment and Housing Act (FEHA); (2) racial harassment resulting in hostile work environment in violation of FEHA; (3) failure to prevent or in violation of FEHA; (4) intentional infliction of emotional distress (IIED); (5) violation of the Unfair Competition Law UCL; (6) retaliation in violation of FEH...

Excerpt: ...16, 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 se...

Excerpt: ...er, an analytic tool. As to Requests for Judicial Notice: Both Defendants request judicial notice of the pleadings and various corporate documents and licenses. The Court would GRANT as to the pleadings. The Court would further GRANT as to the filings but not the truth of the statements asserted therein. As to the Demurrers: The Court would SUSTAIN as to the Third Cause for negligent misrepresentation as to both Defendants Bamboo and Catlin, but ...

Excerpt: ...tomobile striking a pedestrian on or about January 26, 2021. Plaintiffs filed their suit on April 5, 2022, alleging (1) negligence; and (2) negligent hiring, retention, or supervision. Relevant here, the Court scheduled the initial Trial Setting Conference (TSC) on this matter for October 19, 2022. Without notice or justification, Plaintiff failed to appear at the TSC, and the Court set a further TSC and an Order to Show Cause (OSC) regarding the...

Excerpt: ...ENY. Defendant shall file its responsive pleading within thirty (30) days. Case Summary Plaintiff filed his action on April 18, 2023, asserting class claims for moving company Defendant's (1) breach of contract; (2) breach of duty of good faith and fair dealing; (3) violation of the Idaho Consumer Protection Act; and (4) conversion. In essence, Plaintiff asserts that he contracted with Defendant to move him from Idaho to California. Although he p...

Excerpt: ...s is a collections matter. Plaintiff alleges that Defendant Rosales applied for, was issued, and incurred debt related to an American Express Business Gold Card. Plaintiff filed suit on March 17, 2023, and Defendant submitted a general denial on May 25, 2023. Relevant here, Plaintiff propounded discovery, including a Request for Admissions, Set One, on June 12, 2023. After the time to respond had run, Plaintiff sent a meet and confer letter on Ju...

Excerpt: ...d where it is general and embraces evidence which is admissible as well as that which is inadmissible." (Rose v. State (1942) 19 Cal.2d 713, 742.) Page 5 are based on relevance, foundation, and hearsay. First, the Court OVERRULES the objections to the entirety of the Declaration as cumbersome and improperly submitted. Second, as to the individual objections, the Court also OVERRULES. While the statements regarding Mr. Hitt's feelings and beliefs ...

Excerpt: ...r the lawsuit involves claims subject to arbitration. Case Summary This is a representative action for Labor Code violations pursuant to the Private Attorneys General Act (PAGA). On April 21, 2023, Plaintiff filed his suit against Defendants for civil penalties pursuant to PAGA based on violations related to (1) minimum wages; (2) overtime wages; (3) meal periods ; (4) rest breaks; (5) final pay; (5) untimely wages; (7) wage statement violations;...

Excerpt: ...age-and-hour class and representative action. Plaintiff was employed by Defendant as a cook from February 2020 through approximately July 22, 2022. Her operative First Amended Complaint (FAC) alleges violations relating to (1) overtime wages; (2) minimum wages; (3) meal periods; (4) rest breaks; (5) wage statements; (6) sick pay; (7) wage timeliness; (8) waiting time penalties; as well as (9) violation of the unfair competition law; and (10) civi...

Excerpt: ... transmission, and breaks. She further alleges that, despite a reasonable number of attempts, the Defendant was unable to fix the vehicle. Further that the manufacturer failed to replace or make restitution, as required by the Song-Beverly Act (Act). On August 25, 2022, Plaintiff filed a Complaint against the vehicle's dealer and manufacturer, alleging (1) violation of Act — breach of express warranty (against manufacturer); (2) violation of th...

Excerpt: ...derstanding of the amount that is in controversy and the realistic range of outcomes of the litigation." (Munoz v. BCI Coca- cola Bottling co. (2010) 186 cal.App.4th 399, 409-410, quoting Kullarv. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116.) Here, notably absent in the Page 5 submitted declaration is any analysis or even indication of the amount in controversy. (See Matavosian Decl., generally.) The Court declines to speculate on valuati...

Excerpt: ...d on June 20, 2020 as a result. Plaintiffs filed their original complaint on March 25, 2021, alleging a single cause of action for wrongful death and asserting that the lack of a fence was the cause of the death. On June 14, 2022, Plaintiffs attempted to file a First Amended Complaint, amending to assert four causes: (1) wrongful death — Section 835; (2) wrongful death —Secton 1983 [re denial of care]; (3) wrongful death —Section 1983 [re f...

Excerpt: ..., as Plaintiff has failed to demonstrate good cause for supplemental responses to these overbroad requests. As to Requests for Sanctions: The Court would decline to impose sanction. The Court finds substantial justification in that Plaintiffs failed to fully exhaust the meet and confer process prior to bringing their motion and, in fact, were not fully successful in their efforts. Case Summary This is a lemon law case. On August 2, 2022, Plaintif...

Excerpt: ...ntial value].) As to the Demurrer: The Court would SUSTAIN the demurrer with thirty (30) days' leave to amend. Case Summary This is a representative action pursuant to the Private Attorneys General Act (PAGA). Plaintiff filed his original complaint on January 7, 2021, seeking to represent aggrieved employees seeking penalties in the statutory period for violations relating to (1) minimum wage; (2) overtime wages; (3) accurate records; (4) rest br...

Excerpt: ...meliness; (6) final pay; (7) record maintenance; (8) wage statements; (9) improper calculation and provision of sick leave; (10) unfair competition law; as well as (11) civil penalties underthe 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 January 5, 2023, the parties engaged in a full-day, a...

Excerpt: ...t thirty (30) days leave to amend. Case Summary This is, essentially, a breach of contract and conversion case. On or about June 16, 2017, Plaintiffs' mother entered into a written agreement for three (3) storage units, owned and operated by 3855 IH 35 North, LLC (sued as "Phelan Self-storage"). The storage units were necessary to store "personal property," including various family heirlooms. The units were being paid by automatic withdrawal from...

Excerpt: ... negligence and intentional tort. Within each cause Plaintiff asserts allegations of (1) failure to provide habitable dwelling; (2) breach of covenant of quiet enjoyment; (3) negligent infliction of emotional distress (NIED); (4) violation of Los Angeles Municipal Code, section 151.00; (5) violation of Los Angeles Municipal Code, section 161.903.3.3.2; and (6) retaliatory eviction. Generally speaking, the Complaint asserts that Plaintiff leased a...

Excerpt: ...ed contractor. Further, Plaintiffs allege that Defendant failed to memorialize the parties' agreement for the work in writing. Subsequent to the work, Defendant recorded a mechanics lien against the property in the amount of $41,095.60. On May 13, 2021, Plaintiffs filed a verified Petition for Release of Property From Lien. On November 19, 2021, Defendant filed an unverified Answer in response. Now, Plaintiffs move for judgment on the pleadings o...

Excerpt: ...nt (FAC), adding a cause 4 of action for civil #naltes under PAGA. Per his complaint, Plaintiff soughtto represent all current and former non-exempt employees employed within California at any time within four years prior to the filing of the complaint. After commencing the litigation, the parties agreed to informal discovery in anticipation of early mediation. Defendant provided relevant payroll records, as well as the number of putative class m...

Excerpt: ...at this time. 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 neighbors, Kief and Manilow, paid to construct a 12-foot wide pathway along ...

Excerpt: ...ome or all of the issues to the extent the Court later concludes that any issues lack commonality. Case Summary On March 3, 2022, Plaintiff filed a wage-and-hour class action against his former employer based on his employment from February 2021 to May 2021. (See CIVSB2203720 [the "Class Action" l.) The Class Action includes eight causes of action for (1) violation of the unfair competition law; as well as violations relating to (2) minimum wages...

Excerpt: ...ents to improperly grant themselves interest or lien on his properties. On May 2, 2022, Plaintiff 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) intentional misrepresentation; (8) unconscionability; (9) fraudulent conversion; (10) cancellation of false docum...

Excerpt: ...y Defendant Jaidan Barajas. Plaintiff alleges parental liability against Defendant Angela Farias under Civil Code section 1714.1 Default as to these Defendants was entered on June 27, 2023. Defendants do not contest service of the summons and complaint. Defendants, on July 11, 2023, filed this motion for relief from default. Defendants instead indicate that Defendant Farias appeared at the case management conference on June 7, 2023 and indicates ...

Excerpt: ...otice of Appeal; minute order; notice of ruling on certification; King Declaration in support of certification and exhibits thereto; transcript of the certification hearing; trial plan; the Fourth Amended Complaint; the Order granting leave to amend; and the 47-page Judicial Council of California's 2023 Court Statistics Report (Exhs. 7-15). As to the Motion: The Court would GRANT Representative Plaintiffs Cobos, Angel, Aparacio, Vale, Gallegos, S...

Excerpt: ... This case is, in essence, a Fair Employment and Housing Act (FEHA) sexual harassment and retaliation case. Plaintiffs are brother and sister who worked for Defendant. Plaintiff-brother, Horacio, began working for Defendant in 2018. Plaintiff-sister, Leticia, started working in April of 2021. Plaintiffs allege that between August and October of 2021, Leticia was subjected to Defendant, no action was taken to stop the harassment. To the contrary, ...

Excerpt: ..., Plaintiff filed a wage-and-hour class action against the same Defendant in Case No. CIVSB2208653. On or about February 3, 2023 (and in apparent furtherance of the instant motion for preliminary approval), Plaintiffs filed a First Amended Complaint (FAC) to add Plaintiff Potter as a named representative plaintiff and to consolidate the matters. The FAC alleges violations asto (1) overtime; (2) minimum wage; (3) meal periods; (4) rest breaks; (5)...

Excerpt: ...e this Court to dismiss the action due to failure to timely serve the summons and complaint pursuant to Code of Civil Procedure sections 583.210 and 583.250, subdivision (1). The motion to dismiss was filed May 26, 2023. Statement of Law "The summons and complaint shall be served upon a defendant within three years after the achon is commenced against the defendant." (Code Civ. Proc., S 583.210(a) [emphasis addedl.) "In computing the time within ...

Excerpt: ...ng judicial notice of Superior Court's register of actions].) As to the Motons to Intervene: The Court would DENY. Case Summary The Cases Relating to Movants: Give the size of Defendant Walmart, it is perhaps not surprising that there are quite a number of other cases that make identical or similar wage-and-hour claims. Relevant here are: The Hamilton/ Hernandez Actons—On June 13, 2019, Petitioner Hamilton filed a wageand-hour class action in s...

Excerpt: ...ously with the instant motion. The FAC alleges class wage-and-hour claims consistent with the underlying basis for her representative PAGA action, namely alleging violations related (1) rest breaks; (2) meal periods; (3) wage statements; (4) final pay; as well as (5) unfair competition in violation of Business and Professions Code sections 17200, et seq., and (6) civil penalties pursuant to PAGA The Court's tentative is to grant leave to file the...