Excerpt: ... relief; (3) partition; and (4) constructive trust. The underlying allegations are that Plaintiff and Defendant orally agreed that each would share a one-half interest in the Yucca Valley property at issue. Plaintiff alleges that Defendant agreed to take the loan out for the property as well as pay the down payment and closing costs. The title was, therefore, originally in his name. For her part, Plaintiff alleges that she agreed to pay Defendant...

Excerpt: ...te 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 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...

Excerpt: ...nder Code of Civil Procedure section 2025.450, however, it should be under section 2025.480. By the facts, a deposition notice was served to which Defendant GM objected. Section 2025.450 addresses compelling depositions when no objection is served. An objection was served, and there are entire objections to producing documents and answering questions. Thus, section 2025.480 which applies to objections to deposition questions and documents is more...

Excerpt: ...represented by Counsel (and to this date, he is still represented by Counsel, as Counsel has never filed a proof of service of the signed Order). On November 22, 2021, Plaintiff's Counsel (Eghbali Firm) obtained an Order Granting its Motion to be Relieved as Counsel (“Order”). That Order (¶5(a)) provides that the relief as counsel is effect “upon the filing of the proof of service of this signed order upon the client.” (See also Rules of...

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 ...

Excerpt: ...nited 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...

Excerpt: ...Moriana (2022) 142 S.Ct. 1906. Before Viking River, 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, a...

Excerpt: ..., 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 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 litigat...

Excerpt: ...laws.” (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77.) The court must find that the plaintiff “has adequately represented the state's interests, and hence the public interest.” (Id. at p. 89.) The LWDA must have been notified of the settlement and given an opportunity to object. The court finds that the settlement is fair, reasonable, and adequate under Moniz. The court further finds that all representative plaintiffs with the exc...

Excerpt: ...rest break violations; (5) reimbursement violations; (6) final pay violations; (7) wage statement violations; (8) unfair competition law violations; and (9) civil penalties pursuant to the Private Attorneys General Act (PAGA). The LWDA was given notice of Plaintiff's claims as of September 11, 2022. Plaintiff sought to represent all of the hourly, non-exempt current and former California who worked at Defendant's lumber and building supplies busi...

Excerpt: ..., 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 action status through tr...

Excerpt: ...eved employees.” On the one hand, the basic coverage provision in the agreement is broad, covering all claims the employee may have against the company unless otherwise excluded. (See Arbitration Agreement, p. 1, ¶ 1 (“Claims Covered by the Agreement.”) On the other hand, the agreement also provides: These claims are not covered under the Agreement: …(iv) representative actions for civil penalties filed under the California Private Attor...

Excerpt: ...to compel arbitration pursuant to Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906. Before Viking River, 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...

Excerpt: ...ums, (3) unpaid rest period premiums, (4) minimum wages, (5) untimely final wages, (6) untimely wages, (7) wage statements violations, (8) payroll records violations, (9) reimbursements, and (10) violations of the unfair competition law. Plaintiff seeks to represent Defendant's California hourly and non-exempt employees who worked during the statutory period. On September 14, 2021, Plaintiff separately filed a single cause of action Private Attor...

Excerpt: ...i-SLAPP motion against an amended complaint if it could not have been brought earlier, but to prohibit belated motions that could have been brought earlier (subject to the trial court's discretion to permit a late motion). This interpretation maximizes the possibility the anti-SLAPP statute will fulfill its purpose while reducing the potential for abuse.” (Newport Harbor Ventures, LLC v. Morris Cerullo World Evangelism (2018) 4 Cal. 5th 637, 65...

Excerpt: ... settle. As such they have argued, in the alternative to denying the motion, the Court may continue the matter past the pending mediation and motion to stay. Page 4 Defendant roofing company's overspray blew silicone adhesive on to nearby properties and various nearby tractors, trucks, and automobiles. The proposed class are “all persons whose vehicles were damaged by silicone overspray on October 18, 2018, at 1901 Raymer Ave., Fullerton, CA 92...

Excerpt: ...to compel arbitration pursuant to Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906. Before Viking River, 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...

Excerpt: ... and implied warranty under the Song-Beverly Act. In essence, Plaintiffs allege they purchased the 2020-year subject vehicle from Defendant, that express and implied warranties existed, and that there were various defects and non-conformities that arose during the warranty period. Plaintiffs sent the vehicle in for repairs but Defendant was unable to successfully repair it after a reasonable number of attempts. Plaintiffs also alleges that, after...

Excerpt: ... current resume of 7 employees. In their initial responses, Walmart's initial responses consisted of boilerplate objections: relevancy, privacy, Page | 2 vague and ambiguous, and unduly burdensome. Subsequently, Walmart served identical supplemental responses to Request Nos. 57-65, each of which states: There are no documents responsive to this request in Defendant's possession, custody, or control. Plaintiff argues that relevancy is not a valid ...

Excerpt: ...to arbitrate the controversy exists. . . .' ([Code Civ. Proc.,] § 1281.2) The statute does not require the petitioner to introduce the agreement into evidence.” (Condee v. Longwood Management Corp. (2001) 88 Cal.App.4th 215, 218.) “A plain reading of the statute indicates that as a preliminary matter the court is only required to make a finding of the agreement's existence, not an evidentiary determination of its validity.” (Condee v. Long...

Excerpt: ..., 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 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 litigat...

Excerpt: ... alleged facts are insufficient to support punitive damages. Defendants argue that California does not recognize a cause of action for gross recklessness. The Court agrees. “‘Ordinary negligence'—an unintentional tort—consists of a failure to exercise the degree of care in a given situation that a reasonable person under similar circumstances would employ to protect others from harm. [Citation.] [¶] ‘Gross negligence' long has been def...

Excerpt: ...ment 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 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 fur...

Excerpt: ...ust 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 Cal.App.4th 706, 723.) Relevant factors the court may consider include “the strength of plaintiffs' case, the risk, expense, com...

Excerpt: ... 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 this determination.” (In re Microsoft I-V Cases (2006) 1...

Excerpt: ...p.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 and the stage of the...

Excerpt: ...ce to Yudo Inc., and it has been paying death benefits due to the death of Yudo's employee, Manuel Ortega, who died in an auto accident in New Mexico on July 18, 2019. Plaintiff further alleges Lancer and Palma were the legal and proximate cause of the accident and Ortega's death. Plaintiff's complaint includes two causes of action: (1) general negligence; and (2) motor vehicle negligence. On April 19, 2022, the Court (Judge Robinson) signed and ...

Excerpt: ...ntenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 264, disapproved on other grounds in Yvanova v. New Century Mortg. Corp. (2016) 62 Cal.4th 919, 939, FN.13.) As to the Motion for Summary Judgment: The Court would DENY the motion. Case Summary This matter is an Unlawful Detainer. The Complaint alleges that Plaintiff purchased the real property that was previously owned by Defendants. Defendants failed to vacate the property after the s...

Excerpt: ...tice of Errata regarding their motion. As threshold matter, both the motion and errata are unsigned and should have been rejected by the court. The notice of motion and the accompanying motion, filed on September 6, include a designation “/s” on the signature line, which in other contexts is sometimes used to indicate an electronic signature, but this court does not yet utilize electronic filing. Therefore, these documents are both unsigned. ...

Excerpt: ...ves the right to exclude any such evidence upon proper objection during the trial depending upon what occurs at trial. The denial or grant of these motions is without prejudice. Where any motion is granted, the Court orders the parties and their attorneys to advise all witnesses: 1. Not to mention, refer or attempt to convey to the jury any evidence excluded or limited; and 2. Not to make any reference to the fact that any Order was made on a mot...

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 discove...

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

Excerpt: ...ished in the Senate Daily Journal, dated July 29, 2004. These Requests are unopposed, and the Court GRANTS them. As to the Motion for Approval: The Court's tentative is to GRANT. Standards Settlements under PAGA at Labor Code sections 2698, et seq., do not require preliminary approval. The court must find, however, that the PAGA settlement is “fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, d...

Excerpt: ... 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.) The court must find that the plaintiff 5 “has adequately represented the state's interests, and hence the public interest.” (Id. 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 is ...

Excerpt: ...ndant” or “Honda”) filed a demurrer which the Court sustained on June 7, 2022 with leave to amend. Plaintiff did not file an opposition to the demurrer. Plaintiff filed a first amended complaint (“FAC”) on June 27, 2022 asserting the same single cause of action. On September 26, 2022, Honda filed a motion for judgment on the pleadings. The Court sustained the motion for judgment on the pleadings with leave to amend. On November 18, 2023...

Excerpt: ... USA, Inc. (2021) 72 Cal.App.5th 56, 77.) The court must find that the plaintiff “has adequately represented the state's interests, and hence the public interest.” (Id. at p. 89.) The LWDA must have been notified of the settlement and given an opportunity to object. Counsel seeks $45,333.00 as an attorney fee. While counsel stated the number of hours worked on the case, which allows the court to calculate the hourly rate, no lodestar analysis...

Excerpt: ...l.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 the plaintiffs' case, the risk, the expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amo...

Excerpt: ... 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 action status through tri...

Excerpt: ...rson is sought. Therefore, no privacy interest is invaded. DENY further responses to Special Interrogatories #30-33. There is no demonstration that every Pipeline Carrier driver of Latino or Hispanic descent is a witness to Plaintiff's allegations to justify the disclosure of their identities. Regardless of the number of drivers involved in this request, without additional information demonstrating that these individuals are witnesses, releasing ...

Excerpt: ...endant Flowers, who made an abrupt and unsafe left turn, causing a crash that injured Plaintiff. Plaintiff further alleges that Defendant Flowers was operating his shuttle during the course and scope of his employment and that the shuttle was leased, entrusted or owned by the various other Defendants (collectively, Defendants). Plaintiff filed suit on December 3, 2021, alleging (1) motor vehicle negligence; (2) common carrier negligence; and (3) ...

Excerpt: ...d. The discrepancy covers approximately three months. Defendant's motion is overly broad, seeking to strike portions of the amended complaint that go far beyond the narrow issue and would result in portions of the pleading being stricken which Defendant does not challenge. Defendant clarifies, however, that if the court were to agree with Defendant's view of the issue, the court could grant the motion and allow Plaintiff to amend the complaint to...

Excerpt: ...-hour class action asserted by a mechanic against his former employer. On March 3, 2022, Plaintiff filed this matter seeking to represent all of Defendant's current and former hourly, non-exempt California employees during the statutory period. His suit alleges (1) wage violations; (2) wage statement violations; (3) waiting time penalties; and (4) violation of the unfair competition law. Relevantly, Olid v. Westrux International, Inc., et al, Cas...

Excerpt: ...s and ages not connected with any specific person is sought. Therefore, no privacy interest is invaded. DENY further responses to Special Interrogatories #27-30 (misnumbered in Defendant's response as 30-33). There is no demonstration that every Pipeline Carrier driver of Latino or Hispanic descent is a witness to Plaintiff's allegations to justify the disclosure of their identities. DENY further responses to Special Interrogatories #31 to 40 (mi...

Excerpt: ...rson is sought. Therefore, no privacy interest is invaded. DENY further responses to Special Interrogatories #30-33. There is no demonstration that every Pipeline Carrier driver of Latino or Hispanic descent is a witness to Plaintiff's allegations to justify the disclosure of their identities. DENY further responses to Special Interrogatories #34 to 43. Responses to interrogatories #34 and 39 indicated that the missing records have now been locat...

Excerpt: ...ers. Petitioner claims damages arising from the alleged use of excessive force by police sometime between April 27 and 30, 2020. Respondents oppose the petition. Analysis The motion is supported by the declaration of attorney Steven Parnell Weaver (Weaver), and opposed by the declaration of Fontana Police Lieutenant Matt Kraut (Kraut). While these declarations do reveal some minimal discrepancies in the timeline of events, none are significant en...

Excerpt: ... 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 the plaintiffs' case, the risk, the expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the ...

Excerpt: ...iscretion 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: ...ent in the underlying eminent domain proceeding related to the Archibald Avenue Improvement Project, which was intended to improve traffic and interchange operations by making improvements to Archibald Avenue between East Oak Hill Drive and Monticello Place near State Route 60. In entering the judgment, the Court determined that defendants Kuzina Development, LLC (Kuzina) was entitled to $206,475.50 for the San Bernardino County Transportation Au...

Excerpt: ...bitration Act (FAA) governs because Vista's business, and presumably the work performed by Muldrew, involve interstate commerce. The agreement, however, specifically provides otherwise. It states: “The arbitration shall conducted in the city and state of my employment and shall be governed and conducted in accordance with the laws of that state including all matters related to discovery, form of decision, procedures and remedy and relief availa...

Excerpt: ...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 action status through trial, the amount offered in settleme...