Excerpt: ...e with Defendant BMW. Plaintiff alleges that defects and nonconformities manifested within the warranty period, including those relating to the vehicle's electrical, 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 26, 2022, Plaintiff file...

Excerpt: ...ainer complaint against Defendants Grabowski, Crawford, and Graboswki Brothers Racing (G8R). Defendants CITV and DGM appeared by filing prejudgment claims of right of possession. Generally, Plaintiff alleges that the subject property is a commercial warehouse with two suites. Plaintiff has owned the subject property since Defendant Grabowski occupied shortly thereafter and Page 7 was allowed to occupy until March 2021, when he, along with Defenda...

Excerpt: ...he moving party must demonstrate that "the settlement is fair, adequate and reasonable." (Kullar 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 discretion in making this determination." (In re Microsoft I-V Cases (2W5) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of the plaintiffs' case, the risk, th...

Excerpt: ...amended order. Case Summary This is an action relating to the breach of construction contracts. Plaintiff alleges that it entered into a Master Contractor Agreement (MCA) with Defendant, in which it would provide construction materials at various construction sites. Individual Defendant Theisen allegedly executed a personal guaranty, both individually and as trustee of a related trust. Plaintiff alleges it also executed a Master Pay App Agreement...

Excerpt: ...final pay; (7) required maintaining of records; (8) accurate statements; (9) unfair competition law; as well as a claim for civil penalties pursuant to the Private Attorneys General Act (PAGA). On March 30, 2023, Plaintiff filed a First Amended Complaint (FAC) to add a cause of action for violations relating to indemnification of necessary employee expenses. After commencing litigation, the parties informally exchanged policy and payroll document...

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: ...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: ...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: ... (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: ...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: ... 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: ...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: ...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...