Excerpt: ...achers 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 discovery c...

Excerpt: ...ker Retail, Inc. (21W8) 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...

Excerpt: ...ued Petitioner an Administrative Civil Penalties Notice regarding an unpermitted marijuana dispensary located on Petitioner's property. It imposed a penalty of SIK per day. Petitioner requested an administrative appeal hearing, which was held on June 24, 2021. The Administrative Law Judge (AU) ruled in favor of the City, imposing a SIK per day penalty from April 20, 2021 until the date the violations were cured. Petitioner alleges the dec:ision c...

Excerpt: ...rocedurel section 2025.450, it should be under section 2025.480. By the facts, a notice was served to which Defendant General Motors, LLC (GM) objected. Section 2025.450 addresses compelling when no objection is served. An objection was served. Thus, although not perfectly, the motion fits better under section 2025.480, which applies to objections to questions and documents. Here, there are entire objections to producing documents and answering q...

Excerpt: ...iver, PAGA claims were not subject to arbitration under any circumstances. (See e.g. Iskanian v. CLS Transp. Los Angeles LLC (2014) 59 Cal.4th 348.) In Viking River, however, the Court held, contrary to Iskanian, that under the Federal Arbitration Act, 9 U.S.C., section 1 et seq. (FAA), a PAGA action is divisible into "individual" and "non- individual" components. In the Viking River lexicon, an "individual" PAGA claim is one based on Labor Code ...

Excerpt: ...ant GMRI replies. Judicial Notice Defendant GMRI requests judicial notice of the Employment Arbitration Rules and Mediation Procedures of the American Arbitration Association (AAA) [Exh. A]. This request is denied as no applicable ground exists to judicially notice a private company's rules and procedures. Discussion Under Code of Civil Procedure secton 1281.2, a party to an arbitration agreement may move to compel arbitration if the other contra...

Excerpt: ...de within ten days after service of the notice of entry of the order or ruling; (2) based on new or different facts, circumstances or law; and (3) accompanied by a declaration stating what previous "application" was made, the ruling thereon, and what new or different facts, circumstances or law are claimed to exist. (Code Civ. Proc., S 1008, subd. The burden under secton 1008 "is comparable to that of a party seeking a new trial on the ground of ...

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: ...(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: ...emediate present labor law violations, deter future ones, and to maximize enforcement of state labor laws." (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 55, 77.) The 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 have been notified of the settlement and given an opportunity to object. The court lacks sufficient information to make these findin...

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: ... of action: (1) negligence and (2) premise liability. Defendant Apple answered. The FAC alleges on May 26, 2018, Plaintiffs Lewis and Ballou tripped and fell on the walkway at 12044 Armargosa Rd„ Victorville. That property is owned, controlled, possessed, and/or managed by Apple ("7-9). Defendant Apple moves for Judgment on the Pleading as to Plaintiff Ballou. Plaintiff Ballou opposes.[l] Defendant Apple replies.[2] DISCUSSIONS Judicial Notice[...

Excerpt: ...n February 9, 2023, Plaintiff filed its operative First Amended Complaint (FAC) against Defendant. It includes two causes of action: (1) breach of contract; and (2) "tortious bad faith; breach of implied covenant and fair dealing." Plaintiff alleges the following: Plaintiff inspects and, when necessary, repairs roofs. At the request of Marco Chavez ("Policy Holder"), Plaintiff inspected the roof of a property in Rancho Cucamonga. After identifyin...

Excerpt: ...ot this complaint. 2. Demurrerto the First Cause of Action for Breach of Contract: The demurrer is overruled. The complaint need only allege the contract's legal effect McKell v. Washington Mutual, Inc. (2006) 142 Cal.App.4th 1457, 1489, which has been done in this case given the "equal partners" allegation, among others. (Compl. at '1 8.) The revised UPA also provdes filler terms if needed. Jones v. Goodman (2020) 57 Cal.App.5th 521, 531. Franci...

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: ...ty Group, Inc. dba Keller Williams Realty Irvine ("HT Realty"). The Complaint pleads five causes of action: (1) breach of fiduciary duty, (2) intentional misrepresentation, (3) fraudulent concealment, (4) negligent misrepresentation, and (5) negligence. Defendant HT Realty moved to strike the phrase "punitive damages" from paragraph 48 and the prayers for punitive damages and attorney fees. Plaintiffs Sang and Marco opposed.l Defendant HT Realty ...

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 action status through trial, the amount offered in settlement, the extent of discovery completed ...

Excerpt: ...s (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 ...

Excerpt: ...ts Valley Power Systems, Inc. (Va ley) and Joseph Zucker (Zucker) on August 19, 2020, alleging causes of action for motor vehicle and general negligence. Natasha alleges she was traveling northbound on Interstate 215 at or near Palm Avenue in San Bernardino on March 13, 2019, when her vehicle was hit by another vehicle driven by Zucker and owned by Valley. Zucker was intoxicated and driving the wrong way, and admitted to police he had been drinki...

Excerpt: ...ity Hospital ("Barstow Hospital"), Darla Smith, RN, Kathleen Japsay, RN, Kirsten Vall, RN, Michelle Merrill, RN, Margaret "Peggy" Ventura, Dr. Mohammad Marashi, and Kimberly Foster, RN (Doe 1). The operative First Amended Complaint (FAC) pleads 7 causes of action: (1) Battery by Morton against Barstow Hospital, Smith, Japsay, Vall, Merrill, Ventura, and Foster; (2) False imprisonment by London against all; (3) Medical battery-unconsented medical ...

Excerpt: ...forth below, the court grants the moton. Preliminary Approval of Class Action 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." (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 ...

Excerpt: ... 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 stage of...

Excerpt: ... Amended Complaint AC") alleging two causes of action for Negligence—one against County, and the other against Doe Defendants 2 through 25. On March 30, 2023, County filed the current Demurrer to the first cause of action in the FAC on the ground it does not state facts suffcient to constitute a claim. Plaintiff opposes, and County replies. DISCUSSION l. Request for Judicial Notice County asks this court to take judicial notice of the following...

Excerpt: ...lution of the LLC, and (2) breach of contract. Defendants answered. On March 9, 2020, with leave of court, Plaintiff filed his First Amended Complaint (FAC) against the same four defendants. Defendants answered. On September 19, 2022, again with leave of court, Plaintifffiled his Second Amended Complaint (SAC), alleging nine causes of action against the same four defendants. Defendants demurred and the Court sustained the demurrer, with leave to ...

Excerpt: ... hearing and consider the issuance of sanctons against the non-complying party. Demurrer: Defendant Christopher Felix (Felix) demurs to the 1st , 2 nd -9 th and 11th causes of action. He essentially argues that the claims are those asserted against a landlord/lessor to which he is not identified as such, and the lease agreement attached to the Second Amended Complaint (SAC) identifies the landlord/lessor as Rancho Homes. Additionally, the allegat...

Excerpt: ...r. According to the complaint, Plaintiff entered into a warranty contract with Ford on October 23, 2017 regarding a 2017 Ford F-150. Within the warranty period defects and nonconformities manifested themselves, including but not limited to engine and electrical. (Complaint, "15, 16.) Defendant Ford answered on May 24, 2022, generally denying the unverified Complaint and raising 15 Affirmative Defenses. At issue today is Defendant Ford's Motion fo...

Excerpt: ...Agreement. Plaintiffs do not challenge that Decedent's claims are subject to arbitration, except to offer an unconscionability argument. Plaintiffs argue that the agreement is procedurally unconscionable because Decedent was given it on a take it or leave it basis. But Plaintiffs offer no evidence in support of this argument and the circumstances under which Decedent signed it. Moreover, on its face, the Agreement provides, "Residents shall not b...

Excerpt: ...ignee of Department Stores National Bank and lists two causes of action - account stated and open book account. On June 30, 2022, Calvary filed a proof of service of summons showing personal service on Martha Guzman at her home him Hesperia on June 25, 2022 at 2:25 p.m. Service was by an independent registered process server, William Hampton. The Court docket reveals that on July 28, 2022, a document presented by Defendant Guzman was returned by ...

Excerpt: ...and (4) credit extended. Defendant Mulica answered. The Complaint alleges Discover Bank issued a credit card to Mulica who incurred a debt of $5,456.82. Plaintiff Discover Bank moves for summary judgment/adjudicaäon. Defendant Mulica opposes. DISCUSSIONS Statement of the Law A summary judgment motion cuts through the parties' pleadings to determine if a trial on the facts is necessary. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 84...

Excerpt: ...08 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 stage of t...

Excerpt: ...-only classes. Defendants demur on three grounds: First, defendants contend the class representative, Chris Fairless, lacks standng because he does not alleged that he attempted to join the class but was excluded. Second, defendants contend a class cannot be certified because the allegations demonstrate that questions of fact predominate. Third, defendants contend that as a matter of law, providing a women-only gun class does not violate the stat...

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: ...nd (5) Negligent Misrepresentation [as to Giant only]. Plaintiff alleges that on or about August 8, 2021, she and her husband went to Giant's retail location in Montclair, California to consider the purchase of a motor home. After talking to one sale representative about their needs and intended use of a motor home, Plaintiff and her husband left and returned the next day. They talked to the same sale representative, and he introduced them to his...

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: ...l back pay and benefits, and reimburse her for attorney's fees related to this action. On February 7, 2022, the Court (Judge Arreola) sustained the District's demurrer to Kammeyer's petition with leave to amend. 2) Demurrer Sustained to Kammeyer's First Amended Petiton for Writ of Mandate On March 1, 2022, Kammeyer filed her verified First Amended Petitoner (FAP) for writ of traditional mandate (Code Civ. Proc., S 1085) or administrative mandate ...

Excerpt: ...2) 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 stage ...

Excerpt: ...G. Pascal (Decl. Pascal) 3, Exhibit 1.) On December 6, 2021, GM filed its first Motion for Protective Order, which was set for hearing on February 17, 2022 and was by Plaintiff. This motion was apparently taken off calendar because as the Court had issued an Order Re: Discovery Conference, on February 14, 21N2, which GM had not complied with prior to filing its Motion for a protective order. On July 8, 2022, GM filed its second Moton for Protecti...

Excerpt: ...premise liability and (2) negligence. Defendants BBV and McGraw answered. The Complaint alleges on July 11, 2020, Bradford was a short-term renter at 42942 Falls Ave., Big Bear Lake, when she fell after a wood step leading up to the front door broke ("1 & 8). McGraw and BBV owned, managed, controlled, and operated the property (97). Defendants McGraw move for summary judgment/adjudication. Plaintiff Bradford opposes. Defendants McGraw reply. Judi...

Excerpt: ...eachers 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...

Excerpt: ...pertaining to Code of Civil Procedure section 1010.6, subdivision (3)-(6) and certified court reporter trial transcripts of 1 "Judicial notice is the recognition and acceptance by the court, for use by the trier of fact or by the court, of the existence of a matter of law or fact that is relevant to an issue in the action without requiring formal proof of the matter." (Kilroy v. state of California (2w-4) 119 cal.App.4th 140, 145.) Page | 2 12/19...

Excerpt: ...ass counsel are well- qualified to represent the class. The representatives are also qualified to represent the class, with the exception of plaintiff Ramos, who has not submitted a declaration. The settlement was reached through arms-length negotiations with the assistance of a mediator. The division between the class action and the FLSA collective achon is reasonable and appropriate. The deductions from the gross settlement amount for attorney ...

Excerpt: ...rman, he spoke with Plaintiff's counsel on February 24, 2023, regarding the issues in the demurrer but the parties were unable to reach an agreement. (Decl. Silverman, '14.) The Court finds the meet and confer requirement SATISFIED under CCP 430.41(a). II. DEMURRER A. 1 st Cause of Acton: Invasion of Privacy under the California Constitution, a person holds a right of privacy. (Moreno v. Hanford Sentinel, Inc. (2009) 172 Cal.App.4th 1125, 1129.) ...

Excerpt: ...l of the denial of his dock license. Unlike an excessive force claim, such a claim does not automatically encompass "threat, intimidation, or coercion. 2. Plaintiff's Second and Third Causes of Acton: There are two essential elements of a claim under section 1983: the conduct complained of was committed by a person acting under color of state law; and (2) the conduct deprived the plaintiff of a right, privilege or immunity secured by the Constitu...

Excerpt: ...lso Schoendorf v. U.D. Registry, Inc. (2002) 97 Cal.App.4th 227, 235 [declaration in support of ant-SLAPP motion].) 1. Objections to the Declaration of Castaldi: A. Objections 1, 3, 14, 15, 17, 19, 21, 30, 34, 42, 44, 45, 47, 57, 58, 60, 61, 62, 65, 66, 58-70, 73, 75, 76, 77, 79, 80, 82, 85, 85, 88 (lacks foundation or proper authentication), 16, 29 (hearsay), 20, 38, 43, 46, 110 (improper opinion), 22, 23, 24, 37, 48, 59 (lacks foundation / impr...

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: ...(4) violation of Health & Safety Code secton 13007, (5) violation of Public Resources Code section 4421, (6) violation of Public Resources Code section 4435, (7) negligent infliction of emotional distress, (8) loss of consortium, and (9) negligent interference with prospective economic advantage. As for the underlying allegations, plaintiffs contend that Gentry was operating an excavator on August 25, 2021, on 1-15 Log-stics's property located at...

Excerpt: ... to service on international defendants) and should therefore be quashed. Koki's General Manager of Human Resources and Administration, Hiroshi Kawakami (Kawakami), declares Koki is a Japanese company; not incorporated Page | 2 anywhere in the United States and maintains no offices here; does not have any registered agents in California; etc. (Kawakami Amended Decl. filed 8/29/22, "3-14.) In opposition, Plaintiff does not contest the prior servic...

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. ...