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...

Excerpt: ...utoff dates. The moving papers have established good cause relating to substitution of counsel for Defendant Bridge, as well as Wluminous required on-going discovery. The Court vacates the currently set Trial Readiness and Trial dates and will set new dates with the input of counsel at the hearing on this motion. Motion for Protective Order: The Court would DENY the motion for protective order. Case Summary This is an elder abuse and wrongful dea...

Excerpt: ... Corp., Ltd. (2wJ) 22 cal. 4th 1127, 1147, quoting Sanchez v. superior court (1988) 203 cal.App.3d 1391, 1397.) A party may "specially ap#ar" 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 [jurisdictional] objection . . . ." l.) A "special appearance" is not use...

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: ...t would OVERRULE as to the remainder. Case Summary This is a wage-and-hour class and Private Attorneys General Act (PAGA) representative action. Plaintiff Basurto initially filed the matter as a wage-and-hour class achon on March 18, 2021. On August 12, 2021, counsel filed a First Amended Complaint to add Plaintiff Gardea and a claim for civil damages pursuant to PAGA. Following a demurrer, Plaintiffs filed a Second Amended Complaint on February ...

Excerpt: ..., Plaintiffs claim that that males and non-binary were discriminated against at the "Ladies' Day Out" events held at Bass Pro stores in California in 2018 and 2019. This case was originally filed on May 3, 2019 by two plaintiffs. On October 22, 2019, Plaintiff Sielski filed a separate complaint on a class basis (CIVDS1931635). Those two cases were consolidated by order issued on June 24, 2020. Subsequently, that consolidated class matter was amen...

Excerpt: .... Case Summary This is an auto-accident 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 Angel...

Excerpt: ...f's beneficiaries and dependents. Any inadvertently disclosed confidential information will be subject to the protective order already filed with the Court on February 23, 2023. The motion to quash would otherwise be DENIED. However, given the reasonableness of the positions of both parties, the Court would DENY sanctions as to either side. Case Summary This is a race discrimination and harassment case. Plaintiff began his employment as a deliver...

Excerpt: ...ngeles (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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through trial, the amount offered in settlement, the extent of discovery completed and...

Excerpt: ... The First Amended Complaint is deemed filed as of this date. As to Preliminary Approval: The Court would GRANT the motion. Preliminary Approval of Class 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. Fint Locker Retail, Inc. (2008) 158 Cal.App.4th 116, 126; Reed v. united Teac...

Excerpt: ...Miranda in the amount of $2,800.00, payable to Defendant Sunset Sounds within thirty days. 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...

Excerpt: ...mpetition in violation of Business and Professions section 17200, et seq. Plaintiff seeks to represent all of Defendant's non- exempt employees in California who were subject to its timekeeping policies during the statutory period. In essence, Plaintiff alleges that Defendant required or permitted work outside of the scheduled shifts; failed to pay travel tme and mileage; and failed to reimburse for personal cell phone usage, among other things. ...

Excerpt: ... 116, 126; Reed v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this Page 7 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 offe...

Excerpt: ...8) 158 Cal.App.4th 116, 126; Reed v. United Teachers Los Angeles4 Counsel must provide a full lodestar analysis in the motion for final approval. 5 Costs must be documented. The court does not award costs for LEXIS or Westlaw usage (which are considered items of overhead), faxes (also overhead), or photocopying in excess of $0.06 per page. Page 7 (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In ...

Excerpt: ...v. United Teachers Los Angeles Page 3 (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 settlemen...

Excerpt: ...ction, Set One, Plaintiff will produce supplemental responses to Nos. 1-6, 8-13, 16, 18, 20-24, 25, 29, 35, and 37-48. - As to Form Interrogatories, Set One, Plaintiff will produce supplemental responses to Nos. 7.1, 7.2, 9.1, 12.1, 12.3-12.7, 17.1, 20.9, 20.10, 50.1 and 50.2. - Finally, as to special Interrogatories, set one, Plaintiff will produce supplemental responses to Nos. 1, 2, 9-11, 13, 15-32, 35, 35, 39-82, and 84-98. Responses shall be...

Excerpt: ...Defendant Calma was dismissed with prejudice pursuant to a motion for summary judgment. The remainder of the matter was dismissed without prejudice by Plaintiff on January 19, 2023. According to Plaintiff, the matter was dismissed in order to be re-filed such that Plaintiff may take advantage of AB35, which increases general damages in such medical malpractice matters. Statement of Law Except as otherwise expressly provided by statute, a prevaili...