Excerpt: ...eed 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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the riskof maintaining class action status through trial, the amount offered in settlement, the exten...

Excerpt: ...tail, 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 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...

Excerpt: ... Co. and Robar Enterprises, Inc.: 1. Failure to Pay Overtime Wages 2. Failure to Pay Minimum Wages 3. Failure to Provide Meal Periods or Compensation in Lieu Thereof 4. Failure to Provide Rest Periods or Compensation in Lieu Thereof 5. Waiting Time Penalties 6. Wage Statement Violations 7. Violation of S 2802 8. Violation of Business and Professions Ctxle S 17200 et seq. 9. Civil Penalties under Labor Cade S 226.3 10.Civil Penalties Under Labor C...

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

Excerpt: ...Demurrer: The Court would OVERRULE the demurrer. Case Summary This is a business dispute. Plaintiff Rancho contends it was the former manager of the Del Chino Shopping Center, which covers multiple parcels and owners, and that it was not paid for six years of expense reimbursements pursuant to a restriction and easement agreement (REA) that governed the properties. Through the operative third amended complaint (3AC), Plaintiff contends Defendant ...

Excerpt: ...ords pertaining to the care, treatment, and examination of [Doe] regardless of treatment dates including all offce, ER, pathology records, inpatient and outpatient charts and records. Produce all electronic discovery records including correspondence and email records, prescriptions, and patient questionnaires. All descriptions of all exercises proscribed and documentation that indicates dates and times of patient's appointments. Include all physi...

Excerpt: ... (See Comp'. 915.) Another customer, Rico Cruz ("Cruz"), verbally and physically assaulted Plaintiff while she was in a vulnerable and altered state. (ld.) After the assault, Plaintiff was kidnapped and dropped into a ditch, where she suffered injuries, including a broken hip. (Compl. 918.) Plaintiff's complaint includes three causes of action against both defendants: (1) negligence; (2) negligent hiring, supervision, and retention; and (3) premi...

Excerpt: ...tions that Sentinel was involved in the sale of the property to the insured. Defendant asserts in a conclusory fashion that the real estate transaction records may show the condition of the roof at the time of the sale. But no information is provided about when such sale occurred and the subpoena itself does not give any indication of time period for which the records are sought. (See Kim Decl. Exh. A.) Defendant also does not make clear whose re...

Excerpt: ..." of defendant's website. (Italics added.) "Everyone" would include plaintiff. The thirdparty who allegedly intercepts the communications with defendant's knowledge and cooperation is identified as Ada, Inc. (FAC '1 10.) Plaintiff also alleges that he was not advised that his communications were being monitored, intercepted, or record and that defendant was allowing an aiding the interception of the conversation. (FAC 4, 19, 21, 22.) Plaintiff do...

Excerpt: ...ssor in interest to the Estate of Juan Antonio Alvarado-Martinez ("Decedent"). Plaintiffs allege Defendants negligently caused an automobile accident in which Decedent was killed and Chastity and her three daughters—Lyric, Jessie, and Raylene—were injured. Relevant to this demurrer, Plaintiffs allege they are all residents of the State of Utah (Comp'. "3-8) and the accident occurred in Nevada (Comp'. 915). The defendants are located in the St...

Excerpt: ...(See Fenton v. Groveland Comm. Services Dist. (1982) 135 Cal.App.3d 797, 809, disapproved on other grounds in Katzberg v. Regents of Univ. of Calif. (21N2) 29 Cal.4th 3W, 328, fn. 30.) Furthermore, a demurrer for uncertainty is sustained only where the complaint is unfairly vague or so ambiguous or unintelligible that the defendant cannot reasonably respond, i.e„ determine the issues to be admitted or denied. (Khoury v. Maly's of Calif. , Inc. ...

Excerpt: ...s 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 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 ...

Excerpt: ...sive pleading is due. Under Code of Civil Procedure secton 430.41, subdivision the demurring party must file a declaration stating either: (B) The means by which the demurring party met and conferred with the party who filed the pleading subject to demurrer, and that the parties did not reach an agreement resolving the objections raised in the demurrer. (B) That the party who filed the pleading subject to demurrer failed to respond to the meet an...

Excerpt: ..., the complaint alleges Plaintiff was employed by Defendant as a nonexempt Dock Worker/Freight Handler from approximately July 2016 until approximately April 2020. During this period, Plaintiff alleges that he and the other aggrieved employees were not accurately compensated for overtime; were deprived of mandatory rest pericKls; and were not provided accurate itemized wage statements. (Complaint, "10- 11.) Page 4 Summary of the Law California La...

Excerpt: ...efendant Ancheta. The original complaint named Penske Leasing/ Rental Company but was amended on September 10, 2021 to name Defendant Albertsons. The complaint alleges three causes of acton: (1) negligence/negligence per se; (2) negligent entrustment; and (3) negligent hiring and supervision. Plaintiff asserts Defendant Ancheta was acting in the course and scope of his employment with Defendant Albertsons when the accident occurred. Relevant here...

Excerpt: ...ff, in pro per, filed a general denial. Attached to his general denial is a response in which he states he feels he is being unfairly charged for transactions he made with the State Fund. He states: "I would like to come to an agreement with the Plaintiffs for a less amount. If we are unable to come to an agreement I may have to file bankruptcy as a last resort." (Def's Response attached to his General Denial, filed 10/5/22.) On December 7, 2022,...

Excerpt: ...e FAC alleges violations related to (1) wages; (2) meal periods; (3) rest breaks; (4) piece-rate rest break wages; (5) unlawful deductions; (6) final pay; (7) wage statements; (8) reimbursements; as well as (9) violations of the unfair competition law; and (10) civil penalties pursuant to PAGA On October 17, 2022, Plaintiff filed a Proof of Service, indicating substitution service on July 6, 2022 by "leaving the copies with or in the presence of"...

Excerpt: ...this court adjudicate the following issues in favor of Defendant: Page | 4 Issue 1: Defendant had no reasonable notce of the condition that caused Plaintiff's incident. (UMF Nos. 1-9.) Issue 2: Defendant owed no duty to Plaintiff because the item involved in her incident was open and obvious. (UMF Nos. 1-9.) Statement of the Law: Legal Authority for Motion for Summary Judgment: "The purpose of the law of summary judgment is to provide courts with...

Excerpt: ...ers 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 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 comp...

Excerpt: ...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 the sta...

Excerpt: ... natural elevation by 20 feet, upon which a two-story home was built which "towers above the plaintiff's homes, blocking his view of the mountains, and utterly destroying his privacy, and his ability to enjoy his home, or his backyard." (Compl. 910.) Plaintiff's complaint includes two causes of action against Defendants: (1) private nuisance; and (2) IIED "or" NIED. Now at issue is Defendant Woodside's general demurrer to both causes of action. P...

Excerpt: ...sonable number of attempts. Ford also allegedly failed to repurchase the vehicle or make restitution. As a result, Rubio commenced suit against Ford on December 23, 2022, for breach of express warranties under the Song-Beverly Consumer Warranty Act (the Act) and violation of section 1793.2 of the Act, which requires the repairs to be commenced and completed within, respectively, a reasonable time and 30 days. (See Compl. at 15-39.) Also named as ...

Excerpt: ...ited 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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the riskof maintaining class action status through trial, the amount offered in settlement, the extent of disc...

Excerpt: ...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 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 an...

Excerpt: ...os 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 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...

Excerpt: ...(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 the st...

Excerpt: ..., 39, 47, 51, 52, 53, 65, 66, 67, 77, 78, 79, 81, 82, 83, 84, 85, 86, 88, 89 and 90. Page | 2 Legal Authority for Motions to Compel Further Responses to RFP#I: If a party to who document production requests and interrogatories are directed, responds with objections or incomplete answers, the propounding party's remedy is to serve a motion to compel further answers within 45 days after the responses were served. (Code Civ. Proc., S 2030.300, subds...

Excerpt: ...s. 5-6; Yaraghchian Decl. at 992, 4.) Plaintiffs move to compel further responses to RFPs #1, 7, 17, 23-25, 36-42, 50-53, 58-59, 68, 76, 78-79, 86, and 91-96. Defendant GM opposes. Plaintiffs reply. Timeliness/ meet and confer It is unclear whether the motion is timely as there is no information as to whether the verified responses served on April 19, 2023 was via email or mail. Depending on the of service the deadline would be June 6, 2023 (emai...

Excerpt: ...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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent o...

Excerpt: ... Amended Complaint (FAC) was filed on August 26, 2022, to consolidate the matters. The FAC sets forth claims for (1) overtime wage violations; (2) meal period violations; (3) rest period violations; (4) failure to pay wages; (5) final pay violations; (6) wage timeliness violations; (7) wage statement violations; (8) failure to keep required records; (9) reimbursement violations; (10) sick leave and vacaton pay violations; (11) reporting tme pay v...

Excerpt: ...requires the mistake, inadvertence, or surprise to be reasonable. 1 Mistake of fact is proper when the defendant was mistaken as to some fact material to the defendant's duty to respond. (See e.g. Lieberman v. Aetna Ins. Co. (1967) 249 Cal. App. 2d 515, 523-24). Mistake of law requires the Court to determine (a) the reasonableness of the misconception and (b) the justifiability of the defendant's failure to determine the correct law. (City of Ont...

Excerpt: ...onsider and rule on those issues. After remand, this court asked the parties for supplemental briefing on two additional issues: (1) Whether a delegation clause in the arbitration agreement required the arbitrator, rather than the court, to decide the issues or unconscionability and waiver; and (2) how the United States Supreme Court's decision in Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906 impacts the motion. The Delegation Claus...

Excerpt: ... if the gross) Applying the deductions in these "not to exceed" amounts results in an estimated net class settlement of $163,100.00. With an estimated 138 class members, the class members will receive, on average, $1,181.88. The proposed deductions (attorney fee,2 costs,3 administration fee, incentive award, and PAGA allocation) are preliminarily approved in the listed "not to exceed' amounts. The 35% attorney fee, however, may be excessive, but ...

Excerpt: ...ad 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 action status through trial, the amount offered in settlement, the extent of discovery completed and the stage of the proceedings, the experience and views of...

Excerpt: ...sues the past. Thus, imposing such an ultimate sanction is inappropriate at this time. Moreover, Plaintiff has shown some willingness to cooperate as she participated in the examination up until physical contact was required. In addition, arguably, Dr. Forage was the cause of the stalled first examination given his refusal to allow Ayers to be present without a seemingly valid reason. CCP S 2032.510 permits the examinee's attorney or the attorney...

Excerpt: ...ing a copy of the order. Second Amended Complaint: The pleading was not filed as ordered in the approved stipulation. It appears, however, that the copy of the order mailed to counsel erroneously did not include the court's interlineation requiring that the second amended complaint be filed. In any event, counsel may submit it for filing immediately. The court can order the Pereabras case, CIVS82208345, dismissed, effective upon filing of the sec...

Excerpt: ... attempts despite the existence of express and implied warranties. Honda also purportedly failed to make restitution or replace the vehicle. Finally, Honda was also purportedly aware of the defects in advance of the lease and actively concealed the information. Based on these facts, the initial complaint contained claims for (1) breach of express warranty under the Song-Beverly Consumer Warranty Act (the Act); (2) breach of implied warranty under...

Excerpt: ...l's exposure analysis. Attorney Fees: Plaintiff seeks $110,000.00 for attorney fees, which is 40% of the gross. The requested fee is excessive given the nature of the claims, the extent of litigation, and the amount of the settlement. The court will award one-third of the gross, or $91,666.67. While counsel's lodestar analysis notes fees in excess of this amount, the hourly rates applied are too high. Costs: Plaintiff seeks reimbursement of $12,9...

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: ...ction: (1) breach of contract; and (2) common counts: open book account, account stated, money had and received by defendant, for gtnds, wares, and merchandise sold and delivered for which defendant promised to pay, money lent by plaintiff to defendant and for money paid, laid out, and expended at Hanson's request. On May 23, 2022, Hanson filed an answer generally denying the allegations and asserting ten affirmative defenses. On April 27, 2023, ...

Excerpt: ...ount: $11,356.00 Counsel must conÞrm the es
Ÿmated number of class members. The mo
Ÿon at p. 1:8 says 26; the mo
Ÿon at p. 2:9 says 36. If the number is 26, the es
Ÿmated average receipt by class members is $436.77; if it is 36, the es
Ÿmated average is $315.44. There are an es
Ÿmated 1,365 work-weeks during the class period, so each class member will receive an es
Ÿmated $8.32 for each week worked during the class period. The LWDA will r...

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: ...e first cause of acton by Crabtree and Sharma was one for negligence against Optimal, Athanor, National, and Golden Bank for negligence based on the allegations that defendants' negligence caused the leak. As a result, allowing co-plaintiffs Cedar and Alrahaman to assert their own negligence claim would not cause prejudice, nor would it really expand the scope of the litigation. The only additional issue that will be litigated as a result of the ...

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: ...ffing agency] and Kaiser Foundation Hospitals ("Kaiser") as an Administrative Coordinator on June 16, 2021. On August 4, 2021, Plaintiff was in a serious car accident which caused injury to her feet and legs. After she took two weeks off to recover, Plaintiff returned to work with a walker. (Complaint, 19-21.) In the year following her return Plaintiff would spontaneously lose use of her legs and required accommodations such as no prolonged stand...

Excerpt: ...ons were already answered, there is no need to compel further answers. The Court denies the motion as to these questions. Question 48. Question 48 asks: "On what basis did you instruct pur attorney to issue three-day notices to tenants?" Smith objects under the Fifth Amendment privilege against self- incriminaton and attorney client privilege. Page | 2 A client has a privilege to refuse to disclose a confidential communication between client and ...

Excerpt: ...and conferred multiple times in wr-ting and via telephone in April and May 2023. The parties were unable to resolve their dispute regarding PMK topics 3, 4, and 14. After amended deposition notces were served containing the same disputed topics, the LL defendants filed the pending motion for protective order. Through the motion the LL defendants seek an order prohibiting questions on topics 3 and 4 and relieving them from designating a witness as...

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: ...ere were two opt-outs from a group of 1,636 potential class members for the California and Washington classes, for 1,634 class members. There were no objections to the settlement. The potential number of participants for the collective action totals 5,498. As of the date the administrator's declaration was signed, there were 761 consents to join the collective action. If the of participants in the FLSA settlement has increased from 761, counsel m...