Excerpt: ...' Evidentiary Objections: 1. Declaration of Racha Nour: All overruled. (Defendants' should have labeled these objections consecutively rather than by paragraph. 2. Declaration of Alan D. Wallace: All objections, except Objection #4, are overruled. The opinion as to his "general opinion that a reasonably careful real estate professionals [Sicl operating in the field in similar circumstances to Defendants here would have recommended to Plaintiff to...

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: ...ph. On August 25, 2022, the Court sustained Chase's demurrer, with leave to amend. Among reasons the Complaint was found uncertain was because Plaintiff did not expressly enumerate any causes of acton. On February 3, 2023, Plaintiff filed a First Amended Complaint. While Plaintiff now has numbered paragraphs, she still has not set forth separately numbered causes of action. Her allegations basically are the same, alleging issues with checking acc...

Excerpt: ...Pe
Ÿ
Ÿoner abandoned his writ pe
Ÿ
Ÿon by failing to Þle an opening brief; (2) the City's response to Pe
Ÿ
Ÿoner's CPRA request was
Ÿmely (as the result of a government holiday); and (3) the pe
Ÿ
Ÿon is moot because the City
Ÿmely produced all responsive documents. Page | 2 Abandonment The City cites Cal. Rules of Court, rule 3.1113(a) and Black Historical Society v. City of San Diego (2005) 134 Cal.App.4th 670, 678 to support its co...

Excerpt: ...its 1-3 attached to Defendant's Request for Judicial Notice filed March 9, 2023. Mohon for Reconsideration: The motion is denied. The Court loses jurisdiction to rule on a pending moton for reconsideration after entry of judgment. (APRI Ins. Co. v. Sup.Ct. (Schatteman) (1999) 76 Cal.App.4th 176, 181 [immaterial that moton to reconsider filed before entry of judgment]; Branner v. Regents of Univ. of Calif. (2009) 175 Cal.App.4th 1043, 1048 ["A mot...

Excerpt: ...ustee of the Donald and Barbara Atkinson Revocable Trust dated 8/23/1994; Richard Lee Atkinson (Richard); All Persons unknown Claiming a Legal Interest in the Real Property Commonly Described as 16586 Paine Street, Fontana, California 92336; and DOES 1 through 50, inclusive: (1) Receivership Against All Defendants; (2) Public Nuisance Against All Defendants; and, (3) Nuisance Per Se Against All Defendants. On November 12, 2022, the City filed a P...

Excerpt: ...ent based on race/color/ethnicity/naäonal origin, age, and disability in violation of FEHA; (3) retaliation in violation of FEHA; (4) retaliation in violation of Labor Cade S 1102.5; and (5) failure to take reasonable steps to prevent harassment, discrimination, and retaliation in violation of FEHA. Now at issue is the District's motion for summary judgment, or in the alternative, summary adjudication directed to each cause of action. For each i...

Excerpt: ... a Court Order even in the absence of an authorization from Plaintiff.12 It would appear that Plaintiff has refused to informally provide an authorization and opposed the instant motion on the grounds that the Court cannot compel her to issue a written authorization because she asserts it is an unauthorized method of discovery to require Plaintiff to produce a written authorization in response to a Request for Production of Documents. The Court w...

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: ...d objections to the notice of deposition and failed to respond to the RFAs. On January 11, 2023, MBM filed this motion to compel deposition and motion to deem RFAs admitted. Both motions request monetary sanctions. After the motions were filed, Defendant filed a substitution of attorney on February 8, 2023 indicating she would be represented by Vip Bhola. These motions were originally on calendar for February 27, 2023. Defendant filed a late oppo...

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: ...ces Department" and "San Bernardino County Administrative Office" as defendants. In his operative First Amended Complaint (FAC), filed November 10, 2021, Plaintiff alleges the County hired him as Emergency Services Director sometme after his retirement as Fire Chief of upland in 2012. (See FAC "9-18.) The County replaced Plaintiff in February 2020 and ultimately terminated his employment in April 2021. (See id. "29, 43.) Plaintiff alleges: [A]fte...

Excerpt: ...e files in CIVDS1609443 (San Bernardino Co. superior court), 22STCV11495 (LA. co. superior court), CIVDS2004459 (San Bernardino co. superior Court), all L.A. Co. Superior Court civil filings relating to Henry Aguila, and the Motion for Summary Judgment granted in CIVDS1609443. These documents are not demonstrated to be relevant to the inquiry. In addition, Defendant did not provde a copy of these as required pursuant to Rules of Court, rule 3.130...

Excerpt: ... Schuh v. Cal. Dept. of Trans, et Civ.SB.2029431 (Schuh), and He, et al., v. Cal. Dept. of Trans. , et al., Civ.SB.2102100 (He). Plaintiffs seek leave to file a first amended complaint (three separate motions). For judicial economy and effciency, all three motions are set to be heard on April 6, 2023. All the above cases have all been filed by Plaintiffs' attorney Andrew M. Haskett, and a notice of related cases was filed in each achon on May 13,...

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...

Excerpt: ...ies had entered into an arbitration agreement. Defendant thereafter undertook to secure a stipulation to arbitrate, did not file motions or propound discovery and filed objections to Plaintiff's discovery to preserve its right to respond if arbitration was not successful. Plaintiff does not assert any substantive unconscionability and his claims of procedural unconscionability either lack evidentiary support2 or are not supported by the case law....

Excerpt: ...dant's request, and for a loan extended at Razo's request. On May 6, 2022, Razo filed an answer admitting three (3) paragraphs and generally denying all other allegations. She also asserted two (2) affirmative defenses. On November 22, 2022, Discover filed this motion for summary judgment. Razo has not filed opposition as of April 4, 2023. DISCUSSION: Although summary judgment might no longer be considered a "disfavored" procedure, the rule conti...

Excerpt: ...mber 12, 2021, Plaintiff filed suit on behalf of herself and similarly situated aggrieved employees alleging claims for (1) minimum wage violations; (2) wage statement violations; (3) meal-and-rest period violations; (4) untimely wages; (5) overtime wage violations; (6) waiting time penalties; (7) unfair competition, (8) retaliation in violation of Labor Code section 1102.5; (9) wrongful constructive termination in violation of public policy; and...

Excerpt: ...nstruction. In short, Plaintiff entered a construction contract on September 28, 2021 for the constructon of a steel building on a 4 specified piece of real property. Under the contract, Defendant Pacific Environmental Technologies (PET') would be the General Manager of the project. PETI delegated many of fts duties to Defendant Facility Services Management Company (FSMC). On September 29, 2021, FSMC entered a contract for Plaintiff's benefit for...

Excerpt: ...bitration. It holds that the arbitrator is to decide the enforceability and scope of the Arbitration Provision within the proffered Employment and Confidentiality Agreement. The entire litigation will be STAYED pending the outcome of the arbitrator's ruling on arbitrability of claims and the disputes between the parties. Case Summary This is a disability discrimination case. Plaintiff was hired by Defendant as a forklift operator on October 1, 20...

Excerpt: ...subd. Judicial Notice With its Demurrer, Defendant Wells Fargo requests judicial notice of (a) Deed of Trust recorded on June 28, 2002 (associated with 1st Loan), (b) Assignment of Trust Deed recorded on June 28, 2002, (c) Deed of Trust recorded on November 21, 2007 (associated with HELOC Loan), (d) Trustee's Deed Upon Sale recorded on April 27, 2018, associated with HELOC Loan, (e) Grant Deed recorded on March 29, 2021, which transferred the Sub...

Excerpt: ...Notice: The Court denies Plaintiff's request for judicial notice. Plaintiff Rutherford's requests involve irrelevant documents given the procedural posture of the case. (Hernandez v. Board of Education (2004) 126 Cal.App.4th 1161, 1168, fn. 1 [judicial notice can be denied on relevancy groundsl.) Defendant's Request for Judicial Notice: The Court denies Plaintiff's request for judicial notice. New evidence with the reply is generally improper (Ja...

Excerpt: ...ged Defendants City of Ontario ("the City") and County of San Bernardino allegedly knew about the fireworks and failed to protect the public. In particular, several 911 calls had been made to the City for the past three years about the fireworks and the City failed to reasonably investigate or inspect the property. Plaintiffs also alleged that the ATF ignited the remaining ammunition and fireworks, which the County failed to stay for, which then ...

Excerpt: ...ions as an individual or whether he was acting in an official capacity for ASTI. Plaintiffs allege their business relations began in 2014, but there are no allegations as to when the specific business plan was created, even though there are allegations that ASTI was registered with the Secretary of State on January 12, 2015. 2. Second Cause of Action for Negligent Misrepresentation: The demurrer is sustained, with thirty days leave to amend. As w...

Excerpt: ... reasonable rate for the commun-ty; (2) a $4,082 reduction relating to the two unsuccessful discovery motions; and (3) a $3,529 reduction relating to internal communications that the Court found excessive. The Court would deny the requested multiplier. Case Summary This matter is a relatively straightforward lemon law case. On or about February 18, 2013, Plaintiffs purchased the subject vehicle. They content that the vehicle's engine and breaking...

Excerpt: ...ion of Business & Professions Code sections 17200, et seq.; and (9) civil penalties pursuant to the Private Attorneys General Act (PAGA). 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 meaningfully participate in early mediation. The Court notes that the instant proposed settlement is as to employees of Defendant Dv...

Excerpt: ...ed alleged four causes of action: (1) open book account; (2) breach of contract; (3) reasonable value of goods sold and received; and (4) account stated. Powell allegedly owed $1,812.38. The proof of service indicates Powell was served through substitute service on his father, Reed Powell, on August 6, 2006 at 17945 Hercules Street in Hesperia. Powell failed to respond and on November 20, 2006, a default was entered against him. The default judgm...

Excerpt: ...Merchantability. On June 8, 2021, Plaintiff served his Requests for Production of Documents, Set One, on GM. On July 6, 2021, GM served unverified, objections and responses. GM refused to supplement the responses, despite the parties' meet confer efforts. On August 18, 2021, Plaintiff filed a Mohon to Compel GM's Further Responses to Requests for Production of Documents, Set One, which GM opposed. On February 25, 2022, the Court heard and granted...

Excerpt: ...ent S29. The trial attorneys shall personally appear at the TRC — no court call. The trial document exchange is June 8, 2023 (which is a non-appearance date) and the trial documents filing date is June 19, 2023, except that motons in limine shall be filed in accordance with the local rules. The parties are ordered to comply with the Court's Trial Setting Order which will be available on the Court's website in a few days. All trial documents sha...

Excerpt: ...chattels [work tools, mobile home, fiat-bed trailer); and (8-9) conversion ["doom buggies" and Razor off-road vehicle. Ostensibly, Plaintiff means "dune buggies." But for purposes of this statement, the Court will adopt Plaintiff's use of "doom buggies." l.) Plaintiff alleges the follow-ng: In 2020, after four years of marriage to Plaintiff, Defendant filed a dissolution of marriage action. (Compl. 4.) On July 15, 2022, Defendant appeared at Plai...

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 a...

Excerpt: ... complaint. While difficult to follow, the complaint indicates Broussard is a sole proprietor that leases unit 02-150 in Lake Arrowhead Village (the Village). Defendant, which one it is unclear, purchased the Village in 2019 with the stated intent of making improvements, addressing restorative deferred maintenance, and providing tourists with a "welcoming place." (Compl. at p. 2.) At the time of plaintiff's lease, Unit 02-150 was in dire need of ...

Excerpt: ....4th 1409, 1419-1420 [equitable estoppel doctrine required employee who signed arbitration agreement with predecessor corporation to arbitrate claims against nonsignatory successor corporation (employees who continued working after merger impliedly accepted successor corporation's decision to contnue existing terms of employment, including arbitration agreement)].) "Under California law, a non signatory may invoke arbitration if the party can sho...

Excerpt: ...n a red substance while alking through the store and was injured. Defendant answered on October 5, 2020. On December 13, 2022, Defendant filed this Motion for Summary Judgment arguing the Plaintiff cannot prove the Defendant had actual or constructive notice of any dangerous condition giving rise to negligence or premises liability. The motion was served with a memorandum of points and authorities, declarations of Mark Lobre, Esq. and Darrick Ale...

Excerpt: ...Amended Complaint (SAC) pleads (1) civil #nalties under PAGA; (2) failure to pay minimum wages; (3) failure to pay overtime; (4) meal violations; (5) rest break violations; (6) wage statement violations; (7) waiting time penalties; and (8) violation of the unfair competition law at Business and Professions Code sections 172W, et seq. In essence, the SAC alleges that Defendant required non-exempt workers to perform off- the-clock work; that its ro...

Excerpt: ...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 complet...

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: ...6, 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, the amount offered in set...

Excerpt: .... A-B; Redfern Decl. at "15- 6, 13, Exhs. B-C & G.) Plaintiffs Espinosa moved to compel further responses to the RFPs. Defendant Honda opposed. Plaintiffs Espinosa replied. At the February 24, 2023, hearing, the Court held the motion was moot as to RFPs #19- 20, 22, 25-31, 37-38, 42-44, 52, 54, 57, 59, 61, and 63 in light of the supplemental responses that Plaintiff accepted. Remaining at issue were RFPs #18, 53, 55-56, 58, 60, 62, and 64. The Co...

Excerpt: ...elihood of prevailing," because plaintiff did not establish a prima facie case. After considering the briefs and oral arguments, the court ordered further briefing. For ease of reference, the original tentative ruling is quoted below verbatim: ORIGINAL TENTATIVE RULING Special Moton to Strike The Anti-SLAPP statute provides that a cause of action arising from any act by committed in furtherance of a constitutionally (U.S. or Cal.) protected right...

Excerpt: ...ntimely. The deadline to notice a motion was August 17, 2021 (45 days plus 2 days for email service from June 29, 2021, the date of the response). This motion was not filed until August 25, 2022, more than a year after the deadline. It is true that the parties had an Informal Discovery Conference (IDC) with the court, discussing the issues. While requesting an IDC stays a running deadline for a discovery motion under this court's rules as a Compl...

Excerpt: ...y attempts to lump PAGA Aggrieved Employees into the two general "classes" being resolved for class claim purposes without consideration whether the class periods comport with the PAGA statute of limitations. 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." (Ku...

Excerpt: ...e a full lodestar analysis in the motion for final approval. 7 Should the matter be approved, 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 6 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 dis...

Excerpt: ...012) 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 stag...

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: ...on March 24, 2023. This action was commenced on September 28, 2020 by Plaintiff Luoshan International, Inc. ("Plaintiff" or "Luoshan") asserting causes of action for (1) breach of contracts; (2) account stated; (3) unjust enrichment; (4) quantum meruit; and (5) Cal. Bus. & Prof. Code, 517200. The Complaint seeks recompense for the breaches of contract Defendant eGreen committed in failing to pay invoices. Plaintiff Luoshan is a California company...

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 s...

Excerpt: ...'s counsel states a letter was sent February 8, 2023. Plaintiffs counsel responded that she would prov-de a response by February 13, 2023. As of February 22, 2023, Defendant had not received a response. (Freund Decl. '1 5 and Exh. 2.) Instead of reaching out again, Defendant filed the motion. Defendant's reply asserts that Plaintiff's counsel "utterly failed to respond to numerous meet and confer efforts." Yet defense counsel's declaration submit...

Excerpt: ...AL AND FACTUAL BACKGROUND Through the course of discovery, LLU propounded a second set of requests for production of documents (RPD's) upon each plaintiff. Responses were served on November 14, 2022. With respect to RPD No.'s 45-49, which seek wage and tax documents, plaintiffs indicated they were not pursuing a loss of earnings and therefore refused to prov-de a substantive answer. LLU then sent a meet and confer letter, plaintiffs responded, an...