Excerpt: ...osts ($19,322.80), administration fee ($7,000.00), incentive award ($7,500.00), and PAGA penalties ($20,000.00). The deductions are all reasonable and appropriate. These deductions result in a net class settlement of $279,510.53. There are 122 class members.3 Therefore, the average receipt for the class portion of the settlement is $2,291.06. There are 27,357 work-weeks in all, so each class member will receive $10.22 for each week worked during ...

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: ...ies on notice that should this occur again, the Court will continue the hearing and consider the issuance of sanctions against the non-complying party. Demurrer: The issue in this case is whether the civil department within the San Bernardino County Superior Court may hear the claims asserted by Willey-Nelson or if they are matters of internal trust affairs that exclusively belong to the probate department. Either a trustee or trust beneficiary m...

Excerpt: ...s 10 causes of acton: (1) Declaratory relief by Arsen; (2) Accounting by both; (3) Financial elder abuse by Arsen; (4) Breach of duty of loyalty by AV Auto; (5) Breach of fiduciary duty by both; (6) Conversion by both; (7) Concealment by both; (8) Intentional misrepresentation by both; (9) Intentional inference with contract by AV Auto; and (10) Violation of the Unfair Competition Law (UCL) by AV Auto. The FAC alleges Arsen created and began oper...

Excerpt: ...an entity called Caltek Communications, Inc., whereas the sole defendant and moving party Caltek Technologies, Inc. While there are many circumstances where a non-party can enforce an arbitration agreement, defendant fails to address the issue in its Reply brief. Absent a showing that Caltek Technologies has standing to enforce the agreement, the motion must be denied. Counsel should be prepared to address this issue at the hearing. If defendant ...

Excerpt: ...ty; and (5) breach of warranty of fitness for a particular purpose. Defendant answered. Now at issue is Defendant's motion to compel arbitration. Statement of Law — Motion to Compel Arbitration: Code of Civil Procedure sectons 1280 et seq. provide a procedure for the summary determination of whether a valid agreement to arbitrate exists, and such summary procedure satisfies both state and federal law. (Rosenthal v. Great Western Fin. Securities...

Excerpt: ...ege they were traveling on West 4th Street and North East Street in San Bernardino when a truck owned by defendant WEL Companies, Inc. (WEL, esa Tilens Truck Leasing, LLC) and operated by defendant Ronald E. Harvey (Harvey) ran a red light and struck their vehicle. Fourdyce was the passenger in Winslow-Williams' vehicle. WEL and Harvey answered. No trial date is currently set. On June 6, 2023, Plaintiffs filed this motion for trial preference und...

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: ...ove up hearing, which was continued multiple times. Notably, Defendant appeared at the October 27, 2020 OSC hearing. Because Plaintiff's counsel failed to appear at that hearing, the Court set an OSC re dismissal hearing for December 9, 2020. (See Minutes 10/27/20.) On November 17, 2020, Plaintiff filed a motion for order appointing partition referee. On December 9, 2020, both parties appeared for the OSC hearing and requested a contnuance. The m...

Excerpt: ...y, may be allowed, on motion, to make a supplemental complaint or answer, alleging facts material to the case occurring after the former complaint or answer. (c) upon the filing of a supplemental complaint, the court clerk shall issue an amended or supplemental summons pursuant to Section 412.10. Service of the supplemental summons and complaint shall be made in the manner provided for the initial service of a summons by this code. Unlike an amen...

Excerpt: ...fair, adequate and reasonable" for the class. (Kullar v. Foot ü)cker Retail, Inc. (2008) 158 Cal.App.4th 116, 126; Reed v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) There were no objections to the class settlement and no opt-outs. The gross settlement amount is $1,000,000.00. The proposed deductions from the gross are for attorney fees ($333,333.33), costs ($19,723.23), administration fee ($8,890.00), three incentive awards o...

Excerpt: ...n April 13, 2023 and then discussed the discovery by phone five days later. No resolution was reached so the pencrng motions to compel further SRog responses and deem facts admitted was filed. The motions involve SRog No.'s 5-7, 11, 17, 19-20, 22, 25-27 and RFA's 2, 13-16, and 20. The motion is supported by a declaration from attorney Amy Maclear; the responses to the discovery; and the meet and confer correspondence. The motion is opposed by Roj...

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: ...mployer's usual course of business. (b) A client employer shall share with a labor contractor all civil legal responsibil-ty and civil liability for all workers supplied by that labor contractor for the follow-ng: (1) The payment of wages. (d) At least 30 days prior to filing a civil action against a client employer for violations covered by this section, a worker or the worker's representative shall notify the client empoyer of violations under ...

Excerpt: ...vina Sabbah), the estate of the brother's father (the Estate of Ziad Sabbah), the brother's paternal uncle (Ghaleb Sabbah), St. Michael Service Corp., (St. Michael), ZSS Marketing, Inc. (ZSS), and St. Benedict Corporation ("St. Benedict"). The FAC pleads 9 causes of action: (1) Partiton against Omar, Amer, St. George, Savina, the Estate, Ghaleb, ZSS, St. Benedict, and Ted's Plaza; (2) Breach of fiduciary duty against Omar, Amer, St. George, Savin...

Excerpt: ...st qualified (PMQ) with production of documents. Defendant opposes. Plaintiff replies and filed evidentiary objections to the declaration of defense counsel Darshnik Meet Singh Brar. The Court notes that the motion is incorrectly noticed under Code of Civil Procedure sections 2025.450, subdivision (a), which allows a party who served a valid deposition notice, without having served a valid objection, to move for an order to compel the deposition ...

Excerpt: ...appropriately. If unprofessional rancor continues, the court will address the issue further and will take appropriate action. The court anticipates not having to do so. Plaintiffs' argument that it was appropriate to designate the entirety of the search results as "highly confidential" before accessing and reviewing the documents is unreasonable. Some of them may be highly confidential, but that can be determined only after counsel has had an opp...

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: ...ot file a reply. II. DISCUSSION Merits of Defendant's Motion to Strike Motions to strike can be used to strike any "irrelevant, false or improper matter inserted in any pleading," or to strike any pleading or part thereof "not drawn or filed in conformity with the laws of this state, a court rule or order of court." (Code Civ. Proc., S 436.) Defendant moves to strike Plaintiff's request for an award of attorney fees in paragraph 20 of the FAC and...

Excerpt: ... costs. Fees and costs are simply a part of the motion for approval. The court believes it may have sufficient information to award fees and costs based on what has been filed. In future cases, counsel should file a single motion. Final Approval of Class Acton Settlements 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....

Excerpt: ...laint pleads one cause of action for negligence. Defendants WI and Edison answered. The Complaint alleges on September 29, 2017, a fire broke out in the electrical room at 1640 E. 4th St., Ontario. The fire spread to the property owned by Golden Globalinks Corporation dba Golden Corral ("Golden"). MJI owns, possesses, manages, and/or maintains the maintenance room. Mid-century insured Golden and its property ("4-6). Defendant MJI filed a Cross-co...

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: ... 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 riskof maintaining class action status through trial, the amount offered in settlemen...

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: ...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 (2005) 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 tr...

Excerpt: ...g sanction is not necessary to enforce a monetary sanction. New and v. Superior Court (1995) 40 Cal.App.4th 608, 615; Jones v. Otero (1984) 155 Cal.App.3d 754, 759. his ground cannot be the basis for the Court granting this motion. The remaining grounds are Defendant's failure to engage in discovery and her alleged willful disobedience of the Court's Order compelling discovery. These grounds are persuasive. While defense counsel was present, noti...

Excerpt: ...s. This Court may exercise its "'inherent authority to fashion procedures and remedies as necessary to protect litigants' rights and the fairness of trial.'" (Coastline JX Holdings LLC v. Bennett (2022) 80 Cal.App.5th 985, 1009, quoting Wesson v. Staples the Office Superstore, LLC (2021) 68 Cal.App.5th 746, 763.) The levy resulted from the writ of execution, which was the result of this Court's grant of a default judgment—a default judgment whi...

Excerpt: ...ries together with the declaration of Paige C. Sirey, Esq. and a separate statement. Plaintiff Ronald McDonald ("Plaintiff" or "McDonald") opposed on June 15, 2023 and Westlake filed a reply on June 21, 2023. On May 23, 2023, Westlake also filed a moton to consolidate related cases, CIVSB2130404 and CIVSB2219053, together with the declaration of Paige C. Sirey, Esq. McDonald opposed on June 14, 2023 and Westlake filed a reply on June 21, 2023. Mo...

Excerpt: ...ore it too is barred by the statute of limitations. The demurrer is supported by a declaration from attorney Steven Friedland and a meet and confer e-mail. The demurrer is opposed by Defendant, but it seemingly responds to arguments not made in the demurrer. DISCUSSION under Code of Civil Procedure section 430.41, before filing a demurrer, the objecting party shall meet and confer with the opposing party in person or by telephone for the purpose ...

Excerpt: ...1) breach of lease against Lefty, and (2) breach of guaranty against Mallad. Defendants answered. Defendants Lefty and Mallad filed a Cross-complaint against Cross-Defendant Kim. The Cross-complaint pleads 4 cross- claims: (1) breach of the implied covenant, (2) breach of the covenant of quiet enjoyment, (3) constructive eviction, and (4) rescission. The Complaint and Cross-complaint allege on August 4, 2020, Rivsa SB Pad, LLC ("Rivsa") and Lefty...

Excerpt: ...ailure to meet and confer, where required, will result in sanctions to the offending party. DEMURRER: Third Cause of Acton for Intentional Infliction of Emotional Distress: The Court is confused by Plaintiff's position. On the one hand, Plaintiff requests leave to amend and then argues that the allegations are sufficient. The Court determines that, while the allegations are sufficient as against a demurrer, if Plaintiff wants leave to amend, the ...

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: ... the evidence that plaintiff signed it. Similarly, plaintiff's feeling of being rushed and not given suffcient time to read everything may be factors to consider in the unconscionability analysis, but are not a factor in determining whether she entered into the agreement. Plaintiff does not dispute that she clicked "l Agree" on the day she was hired. Identification of the Parties to the Agreement Plaintiff argues that the agreement is unenforceab...

Excerpt: ...plaint pleads two causes of action: (1) breach of contract, and (2) declaratory relief. On May 12, 2023, Plaintiff Renovate recorded and filed a Notce of Pendency of Action ("Lis Pendens"). Defendants McLaughlin now move to expunge the Lis Pendens on two grounds: (1) lack of probability of prevailing and (2) adequate damages. Plaintiff Renovate opposes. Defendants McLaughlin reply. Plaintiff's Evidentiary Objections With the Opposition, Plaintiff...

Excerpt: ...City of Rancho Cucamonga (City), Candyce Burnett (Burnett), Felecia Marshall (Marshall), John Gillison (Gillison), and Matthew Burris (Burris). The FAC alleges seven causes of action for: (1) Violation of Equal Protection Under 14th Amendment against the individual Defendants; (2) Supervisorial Liability — 42 LISC S 1983 against Burnett and Gillison; (3) Monell Claim — 42 USC S 1983 (Monell claim) against City; (4) California Mitigation Fee A...

Excerpt: ... section 1430, subdivision (b) (survival), and (4) negligence (wrongful death). The Complaint alleges Norcal and own, control, and operate the facility at 819 Salem Dr„ Redlands (i.e., Plymouth Village). Krueger is the administrator 31). Decedent who was 79 years old was placed at Plymouth Village due to stroke symptoms, carotid artery disease, diminishing cognitive ability, and feeding tube-related needs. It is alleged that, during her stay, D...

Excerpt: ...les (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 th...

Excerpt: ...4, 11, and 86-87.) As a result, through their complaint the Bennetts assert claims for (1) breach of express warranty under the Song-Beverly Act (the Act), (2) breach of implied warranty under the Act, (3) violation of section 1793.2 of the Act (requiring, among other things, commencement and completion of the repairs within, respectively, a reasonable time and 30 days), and (4) fraudulent inducementconcealment. The fraud claim is based upon GM's...

Excerpt: ..."the settlement is fair, adequate and reasonable." (Kullar v. Fint Locker Retail, Inc. (2COS) 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 ...

Excerpt: ...ally served on January 20, 2023 at 16333 Windcrest Drive in Fontana. Rodriguez has moved to quash service of summons and complaint under Code Civ. Proc. S 418.10, subd. (a)(l), which states: A defendant, on or the last day of his or her time to plead or within any further time that the court may for cause allow, may serve and file a notice of motion for one or more of the following purposes: (1) To quash service of summons on the ground of lack o...

Excerpt: ...o amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect.... The court may likewise, in its discretion, after notce to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars.... A motion to amend a pleading must: 1. Include a copy of the amended pleading, which must be se...

Excerpt: ...obable cause. He was booked in jail and charged under Penal Code section 288, subdivision (a), and 287.7, subdivision (b). The arrest was initiated by Beckman and Ilagan. He was released after the District Attorney felt further investigation was needed. The charges were dismissed on February 26, 2020. It was further alleged that there was no basis for the arrest and that the investigation was biased and discriminatory ("12-15 & 18). Defendants Ci...

Excerpt: ...nclosure Technologies, Inc., hereafter Spraytech) alleging causes of achon for (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; (3) breach of contract; (4) breach of contract; and (5) violation of Business and Professions Code section 7108.5 and Civil Code section 8814 et seq. Spraytech has cross-complained against EMT and its alleged shareholder, William Noble (Noble). The operative first amended cross-compl...

Excerpt: ...ation released claims as specified in paragraph 46 of the settlement agreement against a number of specified companies. Ryder Last Mile, Inc., however, is not named. In addition to the named companies, the release also purports to include the named companies' "present and former parents, affiliates, divisions, and subsidiaries, acquired companies, and each of their respective present and former directors, officers, shareholders, agents, represent...

Excerpt: ...P.A.; Eugene Lawrence Kwong, M.D.; and Alan Scott Herford, D.D.S., M.D. The complaint alleges a single cause of action for general negligence relating to what appears to be dental and/or medical malpractice. The complaint itself contains limited details about the facts of the case. However, the government claim attached to the complaint provides on May 5, 2021, at Arrowhead Regional Medical Center, "a medical/dental negligence surgical procedure ...

Excerpt: ... Adams Stirling PLC, and (iii) Professional Property Management ("PPM"). After Defendants moved to quash those subpoenas, the parties agreed the Defendants would have the right to first look at and then produce the records that they contended were not privileged and a privilege log on the records they contended were privileged. On May 16, 2022, and May 25, 2022, privilege logs were issued associated with the records produced by Fiore and Adams St...

Excerpt: ... on or before May 1, 2023. (Thomas Decl. at 993-6; Major Decl. at "2-4.) After this order, Plaintiff reached out seeking dates. (Thomas Decl. at "7-8, Exh. 8.) On April 25, 2023, GM offered the deposition date of May 9, 2023. (Major Decl. at 95.) Instead of accepting the deposition offered date, Plaintiffs Benitez file this moton seeking to compel compliance with the February 1, 2023, order. Defendant GM opposes. Plaintiffs Benitez replies. DISCU...

Excerpt: ..."1 7, 9; Exhibit 1.) An express condition of the lease was that the landlord would develop the land with buildings, water and power, telephone, roads and perimeter security. (SAC '1 9.) Decedents Ronnie Roth Herndon and Ron Alan Herndon were the trustees of the Family Trust, but both died by October 2021. (SAC "1 2-3.) Plaintiff alleges Decedents held themselves out as licensed contractors (SAC 5, 8, 26), and they agreed to complete the construct...

Excerpt: ...ed a Category 1 offense. The representation was false, and Plaintiff's behavior at issue was a Category 2 offense, which is not cause or does not result in termination. Through Defendants' actions, customs, and procedures and practice to have progressive disciplinary process, STIJs, PIPS, along with the list of infractions and punishments codified in the Owner's Manual, and Plaintiff's longevity of service, Defendant developed an implied covenant...