Excerpt: ...nt Code. Regarding the MSA: The Court would GRANT summary adjudication as to the duty to defend against underlying complaint. The potential viability of the underlying claims invokes the duty to defend. (See Buss v. Superior Court (1997) 16 Cal.4th 35, 44.) Further, Crum failed to meet its responsive burden to show that the claim cannot fall within policy coverage. (Montrose Chemical Corp. v. Superior Court (1993) 6 Cal.4th 287, 300.) Case Summar...

Excerpt: ...emurrer, without leave to amend, as to the First Cause for Intentional Infliction of Emotional Distress (IIED) and the Second Cause for Invasion of Privao„•, against the District. The Court would OVERRULE as to the Third through Fifth Causes. As to the Motion to Strike: As a result of the preceding ruling on demurrer, the District's motion to strike as to paragraphs 26 and 39-41, relating to IIED and Invasion of Privacy, are rendered MOOT. Th...

Excerpt: ...star Mortgage LLC dba Champion Mortgage on January 24, 2017, approximately six and one-half years ago. On October 31, 2017, Plaintiff filed for a defaultjudgment (the "First Default"). However, Defendant moved to set aside the default, which the prior Court granted on September 22, 2021. Importantly, that First Default was set aside because Plaintiff did not properly serve Defendant. Another default was entered on March 4, 2022, and was based 3 o...

Excerpt: ...2023 deposition. Plaintiff Flores opposes. Defendants reply. Objections After the Reply was filed, Plaintiff objected inserton of new evidence in Jaidi's Reply Declaration at "2-3. The evidence is rebuttal evidence and therefore the objections are overruled. Procedural Deficiencies In his Opposition, Plaintiff raises deficiencies in the motion in that the deposition transcript was not lodged. Exhibit B to Carroll's declaration, however, contains ...

Excerpt: ...th 116, 126; Reed v. United Teachers 6 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 offere...

Excerpt: ...Case Summary This is an auto-acc:ident 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 Angele...

Excerpt: ....5. Thus, the Court would GRANT the motion to stay the matter is stayed pending completion of mediation and, if necessary, arbitration. The issue of attorneys' fees is not currently before the Court. Case Summary This is a foreclosure on a mechanic's lien. In the original Complaint, Plaintiff — a licensed building contractor — alleged it provided construction and related activities for a building remodel within on property owned by Defendant....

Excerpt: ... confer in the next five (5) days on a mutually agreeable three-day period for Defense experts to conduct the survey or inspection of Plaintiffs' property. The survey or inspection shall occur within thirty (30) days of this ruling. The Court would impose sanctions against Plaintiffs, payable within thirty (30) days, in the amount of $1,800. Case Summary Plaintiffs filed their Complaint on September 28, 2021, alleging causes of action for (1) neg...

Excerpt: ...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) intentional interference with economic advantage; and (13) preliminary and permanent injunction. Relevant here...

Excerpt: ...emnify expenditures; (9) violation of the unfair competition law; and (10) civil penalties pursuant to the Private Attorneys General Act (PAGA). Plaintiff seeks to represent all non-exempt employees who worked for Defendant in California during the class period. 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 meaning...

Excerpt: ...s 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. 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 (2006) 135 ...

Excerpt: ...esent labor law violations, deter future ones, and to maximize enforcement of state labor laws." (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77.) he 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 be given an opportunity to object. The court may looks to parallel class action guidelines to determine what i...

Excerpt: ...orm Interrogatories — Employment Tentative Rulings As to the Motions: The Court would GRANT these unopposed motions. Requests for Admissions are deemed admitted. As to the other discovery, Defendants will provide objection-free responses within thirty (30) days. As to Requests for Sanctions: The Court would impose sanctions on Defendant in the amount of $1,cm per motion ($5mo in total per Defendant). Sanctions are payable within 30 days. Case S...

Excerpt: ...es that Defendants defaulted under the terms of the contract. Thus, Plaintiff filed suit for breach on February 25, 2021, and Defendants issued a general denial on February 1, 2022. Relevant here, the contract contains provisions selecting choice of law, consent to jurisdiction, and venue in Utah. (Motion, Exh. 1 [Contract], 11932 [venue] & 40 [governing lawl.) Accordingly, Defendants bring this motion to stay or dismiss this California action so...

Excerpt: ...o Request for Production number 24. A verified supplemental response with be produced within ten (10) days of this ruling. The Court would DENY the remainder. Case Summary This is a lemon law case. The Complaint alleges that on May 3, 2022, Plaintiff purchased the subject vehicle with a warranty from the Defendant Auto Manufacturer. The vehicle developed defects in its suspension, electrical, and structural systems. Although it was taken for repa...

Excerpt: .... (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 (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...

Excerpt: ... they were not authorized for sale or use anywhere in the United States. (Compl„ "6-9.) On September 15, 2022, Plaintiff filed suit for (1) breach of contract; (2) breach of covenant of good faith and fair dealing; (3) promissory estoppel; (4) intentional misrepresentation; (5) negligent misrepresentation; (6) declaratory relief; and (7) unfair competition. Under its fraud cause, Plaintiff also alleges that Defendant knew its representations we...

Excerpt: ... to No. 2, as the statement relates to a business practice in place and allegedly experienced by the declarant. As to Defendant Field's declaration the Court would SUSTAIN objections Nos. 1-3, again, on hearsay. As to the Preliminary Injunction: The Court would GRANT the motion. The Court will hear argument at hearing on the appropriate undertaking necessary to mitigate Defendants' potential loss should Plaintiff's claims be unsuccessful. Case Su...

Excerpt: ...riginal complaint on May 24, 2022. Her operative First Amended Complaint (FAC) was filed on November 4, 2022, against Defendants alleging violations as to (1) meal periods; (2) rest breaks; (3) overtime wages; (4) minimum wages; (5) wage timeliness; (6) final pay; (7) wage statements; (8) maintaining records; (9) reimbursements; (10) unfair competition in violation of Business and Professions Code, secton 17200, et seq., as well as (11) civil pen...

Excerpt: ... has approved — a First Amended Complaint which now consolidates two other matters, adding Jesus Gomez and Rodney Grace as representative plaintiffs and asserting class claims for (1) minimum and overtime wages; (2) rest break violations; (3) meal period violations; (4) reimbursement violations; (5) wage statement violations; (6) timely final pay violations; (7) violation of Business & Professions Code sections 17200, et seq., and (10) civil pe...

Excerpt: ...ons are due within thirty (30) days. Case Summary This is a personal injury matter. Plaintiff alleges that on August 18, 2019, Defendants negligently operated and maintained a rental home in San Bernardino, creating a dangerous condition. Plaintiff further alleges that the dangerous condition caused him injuries. On September 2, 2021, Plaintiff filed suit for negligence, seeking remedy for injury and medical expenses. Defendant PAMA Management fi...

Excerpt: ...ceed." (Hamilton v. Asbestos Corp., Ltd. (2000) 22 Cal. 4th 1127, 1147, quoting Sanchez v. Superior Court (1988) 203 Cal.App.3d 1391, 1397.) A party may "specially appear" for the purpose of contesting jurisdiction, among other reasons, but that is not what is attempted here. (See Olcese v. Justice's Court of First Jud. Township (1909) 156 Cal. 82, 87 ["must keep out for all purposes except to make that [jurisdictionall objection ... ."].) A "spe...

Excerpt: ... the Demurrer: The Court would SUSTAIN the Demurrer, with leave to amend, as to the Second through Seventh causes of action. The Court would OVERRULE the Demurrer as to the First Cause. 5 Case Summary This is post- foreclosure litigation. On December 28, 2022, Plaintiff Keith Birnbaum and a laterdismissed party filed their Complaint against Defendants Loancare, LLC; and Barrett, Daft, Frappier, Treder, & Weiss, LLP (the Barrett Firm); and Joel Gr...

Excerpt: ...y pay wages; (7) failure to indemnify for necessary expenditures; (8) meal period violations; (9) civil penalties under PAGA; (10) unfair completion law violations; and (11) failure to pay minimum wage. Essentially, Plaintiffs assert that they are fleet mechanics and diesel technicians employed at Defendant's fleet-maintenance service locations. The suit was brought on behalf of 678 non-exempt employees, excluding corporate employees and other em...

Excerpt: ...subject vehicle in October of 2019 and that the transmission was defective He alleges that, despite being covered by express and implied warranties, the Defendant-manufacturer failed to repair the vehicle within a reasonable time and, further, failed to provide a replacement or make restitution. The operative First Amended Complaint (FAC) alleges (1) breach of express warranty under the Song-Beverly Act (Act), (2) breach of implied warranty under...