Excerpt: ...ubalcaba are Overruled in their entirety; (3) Defendants' Sixteen Evidentiary Objections to Declaration of Francesca Sparks‐Copeland are Overruled in their entirety; Page | 2 (4) Defendants' 118 Evidentiary Objections to Declaration of Dr. Melda Gaskins are Overruled in their entirety; (5) Defendants' Ten Evidentiary Objections to Declaration of Taylor M. Prainito are Overruled in their entirety; (6) Defendants' Evidentiary Objections to Plaint...

Excerpt: ...ed 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: ...following time line:  August 2019: Plaintiff's termination of employment. (SAC, ¶10.)  July 1, 2020: Plaintiff's notice to LWDA of claims against EmployBridge. (Plaintiff's attorney James R. Hawkins 7/18/22 Decl., ¶ 3.)2  July 2, 2020: Plaintiff's class action complaint against EmployBridge.  October 1, 2020: Plaintiff's First Amended Complaint, adding PAGA.  October 30, 2020: Plaintiff sent HiRel copy of her amended notice to th...

Excerpt: ...tice, and [(2)] lack of prejudice, to the defendant, and [(3)] reasonable and good faith conduct on the part of the plaintiff.' (Addison, supra, 21 Cal.3d at p. 319.) These requirements are designed to ‘balanc[e] … the injustice to the plaintiff occasioned by the bar of his claim against the effect upon the important public interest or policy expressed by the [operative] limitations statute.'” Saint Francis Memorial Hospital v. State Dept. ...

Excerpt: ...leadings, with the exception of the purported first amended complaint in this case (because it is not on file). “Trial courts generally have the inherent power to stay proceedings in the interests of justice and to promote judicial efficiency.” (Freiberg v. City of Mission Viejo (1995) 33 Cal.App.4th 1484, 1489.) “[S]taying an action is an act of discretion which "may not be arbitrary; it must be exercised in conformity with the spirit of t...

Excerpt: ...mary judgment. Jimenez v. Protective Life Ins. Co. (1992) 8 Cal.App.4th 528 “a trial court may overlook the failure of a notice of motion to state a ground for relief when the supporting materials discuss and support that ground for relief so that it is clear that relief is sought on that ground. In that situation, the trial court may treat the supporting papers as curing the defective notice. [Citations.]” Luri v. Greenwald (2003) 107 Cal.Ap...

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 t...

Excerpt: ...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 Proposed Settlement The amount of the settlement ($100,000.00) for an estimated 65 aggrieved employees is appropriate given the strength of plaintiff's case and the risks of litigat...

Excerpt: ...th 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 Proposed Settlement The motion states that the net settlement (after the proposed deductions) is “no less than $72,400.00.” (Motion iii:6.) The arithmetic is wrong. The net (based on the proposed deduc...

Excerpt: ...o Espinosa and Celia Espinosa filed this lemon law action against Defendant American Honda Motor Co., Inc. Plaintiffs' complaint, which relates to their purchase of a new 2021 Honda Insight, includes three causes of action: (1) breach of express warranty; (2) breach of implied warranty; and (3) fraudulent inducement (concealment). Now at issue is Defendant's demurrer to Plaintiffs' third cause of action, and Defendant's motion to strike Plaintiff...

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

Excerpt: ...iff's individual PAGA claim, this court can simply stay the nonindividual PAGA claims pending a decision in Adolph. If the California Supreme Court agrees with the United States Supreme Court's decision in Viking River Cruises that, under California law, the non‐individual PAGA claims should be dismissed, this court can do so at that time. If the California Supreme Court disagrees with the United States Supreme Court, this court can make such f...

Excerpt: ...ctions and organ failure (¶12). Mabudian treated his patients, including Cody, with Intravenous Immunoglobulin Therapy (“IVIg”), which is costly. Because it is costly, Beaver attempted to have Mabudian discontinue its use through various policies. When Mabudian refused to stop IVIg, he was terminated (¶¶17‐25, 27‐28). Defendants informed Mabudian's patients, including Cody, that Mabudian was no longer employed at Beaver. They then prec...

Excerpt: ...g. Plaintiff was hired by Staffmark and was assigned to work at Ceva Logistics. Plaintiff alleges that she and other workers were subjected to various Labor Code violations. She asserts class and PAGA claims against both defendants. Staffmark and Ceva separately move to compel arbitration. Plaintiff does not oppose arbitration of her individual claims (including her individual PAGA claim pursuant to Viking River Cruises). The arbitration agreemen...

Excerpt: ...ses the motion to compel arbitration for both the class action and the PAGA action. Application of the Federal Arbitration Act The outcome of the motion hinges in part on whether the Federal Arbitration Act (FAA) governs. As explained below, it does not because the “transportation worker” exemption applies. In support of their motions, Defendants filed the declaration of MHX LLC's vice president, Alex Nicholas, who declares MHX Holdings, LLC ...

Excerpt: ...bligations of an LLC, defendants completely ignore the alter ego allegations within the complaint. (Compl. at ¶ 7.) Page | 2 Under the alter ego doctrine “where a corporation is used by an individual or individuals, or by another corporation, to perpetrate fraud, circumvent a statute, or accomplish some other wrongful or inequitable purpose, a court may disregard the corporate entity and treat the corporation's acts as if they were done by the...

Excerpt: ...ufactures, and sells medical insulin‐based devices and products. As part of its business, it has access to customers' confidential protected health information (“PHI”) and personal identifiable information (“PII”). In March 2020, Tandem announced that between January 17 and 20, 2020, the PHI and PII of 140,781 customers, comprising the putative class, were subject to a phishing attack (¶¶1‐3, 10‐ 14, 39‐40, 43‐49, 55‐56, 76)...

Excerpt: ...mpany (HUDSON) was the value of the subject vehicle, i.e., $5,999 [as agreed by the parties in the summary adjudication facts]. Hudson paid that amount and an additional dollar, thus, all relief afforded under Vehicle Code § 11711, subdivision (a), was afforded. While Plaintiffs assert, under DeSaulles v. Community Hospital of Monterey Peninsula (2016) 62 Cal.4th 1140, 1158 (“DeSaulles”), that they are the prevailing party as the dismissal c...

Excerpt: ...hould be remanded to the Contra Costa County Superior Court. I Application of the Federal Arbitration Act The parties appear to assume the Federal Arbitration Act (FAA) applies. Although no evidence is presented to demonstrate application of the FAA, plaintiffs do not dispute it, presumably due to the well‐known nature of Lowe's expansive business and retail operations which would necessarily involve interstate commerce. The court assumes the F...

Excerpt: ...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 the stag...

Excerpt: ...he 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 proceedings, th...

Excerpt: ... 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 proceedings, the experi...

Excerpt: ...37.) 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 proceedin...

Excerpt: ...t evidence appears to show.” Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 115. The Court cannot decide this issue by demurrer. Moreover, the document is not properly authenticated. Defendant's Evidentiary Objection: 1. overruled. 2. sustained 3. sustained 2 Demurrer: Preliminarily, the Court does not consider Plaintiffs' First Amended Complaint (FAC) to be a “sham pleading.” Plaintiffs assert that the vehicle co...

Excerpt: ...s “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 proceedings, the experienc...

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 a...

Excerpt: ...res are by plaintiff and an “Authorized Company Representative” for Knolls West Post Acute. The problem is that Knolls West Post Acute is not mentioned anywhere in the body of the agreement, and the primary contracting party, Spring Valley Post Acute, did not sign it. The purported agreement also appears to be cobbled together, perhaps for purposes of this motion. As presented, it is five pages longs. The first, third, and fifth pages do not ...

Excerpt: ... PAGA claims should be dismissed or stayed pending completion of the arbitration. Defendant asserts that it did not waive the right to compel arbitration because a motion to compel arbitration would have been futile under Iskanian v. CLS Transportation Los Angeles LLC (2014) 59 Cal.4th 348, which was controlling law until the United States Supreme Court's recent decision in Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906. Therefore, i...

Excerpt: ...Arbitration Act. (Gillespie Decl. Exhs. D & H – Arbitration Agreements ¶ 3.) The only issue before the court is the application of Viking Rivers Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906, to the arbitration agreements and whether it supports the relief requested. The relevant portions of the Arbitration Agreements provide: 12. Representative Action Waiver. Employee further agrees that Employee is waiving the right to bring, or to particip...

Excerpt: ...d National Union's Complaint Plaintiff National Union Fire Insurance Company of Pittsburgh, PA (National Union)1 filed this action against Defendants Prime Healthcare Services, Inc. (PHS); Prime Healthcare Foundation, Inc. (PHF); Prime Healthcare Management, Inc. (PHM); Desert Valley Hospital, Inc. (Desert Valley); High Desert Heart Vascular Institute (High Desert); and Dr. Prem Reddy, M.D., FACC (Reddy).2 The first amended complaint (FAC) allege...

Excerpt: ...ny other applicable [but unspecified] privilege. Many of these objections (e.g., vague and ambiguous) go to the form of the request and, as such, are improper because they are designed to protect a witness during oral examination, not when “the answer is to be made in writing, after due time for deliberation and consultation with counsel” since any such “answer may be framed [to] avoid the pitfalls, if any, inherent in the form of the quest...

Excerpt: ...tment, Department S‐26. On June 17, 2022, the court denied defendants' motion to compel arbitration. The court ordered defendants to file a responsive pleading and lifted the stay on discovery. Defendants, however, appealed the denial of the motion to compel arbitration. It would appear that discovery was stayed pending the appeal, but the Court of Appeal issued a Notice of Default on Appeal on September 22, 2022, indicating that the appeal wou...

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 an...

Excerpt: ...cretion 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: ... or future, we will use binding arbitration as the exclusive forum for the resolution of such disputes and I join with the Employer in agreeing that federal law will control. I further agree that Employer and I hereby join in waiving both (i) any and all right to initiate or participate in any form of class action or other collective or representative proceeding (“Class Action Waiver”) for the resolution of any Employment‐related Dispute, a...

Excerpt: ...l.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 the stage ...

Excerpt: ...s the following analysis and ruling on the merits. As a preliminary matter, Petitioner is correct that Code of Civil Procedure section 35 may apply to this litigation. The statute provides: “Proceedings in cases involving … the certification or denial of certification of ballot measures, election contests, and actions under Section 20010 of the Elections Code shall be placed on the calendar in the order of their date of filing and shall be gi...

Excerpt: ...equate representation for the class; and that common questions of law or fact predominate over individual issues. (Brinker Restaurant Corp. v. Superior Court (Hohnbaum) (2012) 53 Cal.4th 1004, 1021‐1022.) Both counsel have addressed these issues in detail. But counsel have failed to address whether the case, if certified, is manageable. In Duran v. U.S. Bank National Assn. (2014) 59 Cal.4th 1, 28, 29, the 3 Although the fee is 35% of the gross ...

Excerpt: ... of aggrieved employees or the aggregate number of pay‐periods during the PAGA period. 2 Subject to possible adjustment of costs. See fn. 4 infra. Page 5 of 8 CVS26100422 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' cas...

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 Page 2 of 8 CVS26100422 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: ...f action (for declaratory and injunctive relief) is barred by the four year statute of limitations. (Code Civ. Proc., § 337(1).) Defendant argues that the cause of action accrued when plaintiff made the last payment, on October 6, 2016, but the lawsuit was not filed until December 14, 2021, more than four years later. If this were a debt collection action filed by defendant, the action would likely be barred under Code of Civil Procedure section...

Excerpt: ... statement of the court's tentative ruling. The court may adopt, modify or reject the tentative rulingafter considering the parties' oral arguments. The tentative ruling will have no legal effect unless adopted by the court. No notice of intent to appear is required. If you wish to submit on the tentative decision, you may send a telefaxtoJudge Borrell's secretary, Tammy Brantner, at 805‐477‐5894, stating that you submit on the tentative. A c...

Excerpt: ...d Sur‐Reply to Defendants' Motion to Compel Payment of Rent. The Court also received an Objections of Defendant Cynthia Inez Lopez to Galgano's Notice of Joinder and Sur‐Reply. The Court sustains Ms. Lopez' objections and declines to consider the Sur‐Reply and Joinder as being untimely. II. DISCUSSION Defendant Cynthia Ines Lopez seeks an order requiring payment of rent. Plaintiffs oppose the motion, asserting it is an attempt to seek a man...

Excerpt: ...t, 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 Cal.App.4th 706, 723.) Relevant factors the court may consider include “the strength of plai...

Excerpt: ...October 14, 2022. The current responses potentially leave open the possibility that some documents, beyond the privileged documents, were withheld pursuant to the privilege or some other objection since only a list of what items Defendant Ozuna was willing to produce was provided and production was made without waiving the objections. (See Code Civ. Proc., § 2031.220 [outlining the requirements of a document demand response].) 2. The witness sta...

Excerpt: ...t any fellow employee responsible for injuries “arising out of and in the course of employment.” (See Labor Code, §§ 3600‐3602, 5300.) Workers' compensation is generally the exclusive remedy for disabling injuries, whether physical or mental, arising from employment (or termination of employment), unless: (1) the injury results from employer conduct that falls “outside the normal course of employment”; or (2) the employer's conduct fa...

Excerpt: ...ies. This argument has no merits. To prevail in a negligence action, a plaintiff must show the defendant owed a legal duty to her, the defendant breached that duty, and the breach proximately caused injury to the plaintiff. [Citation.] A defendant does not owe a legal duty to protect against third party conduct, unless there exists a special relationship between the defendant and the plaintiff. [Citation.] In that circumstance, “[i]n addition t...

Excerpt: ...ther Ford nor Ken Grody are signatories to the RISC. The RISC includes a section entitled Arbitration Provision which states, in relevant part, Any claim or dispute, whether in contract, tort, statute or otherwise … between you and us or our employees, agents, successors or assigns, which arises out of or relates to your … purchase or condition of this vehicle, this contract or any resulting transaction or relationship (including any such rel...

Excerpt: ...On December 11, 2020, Defendant answered. Now at issue is Defendant's motion for summary judgment (MSJ) of Plaintiff's complaint. Plaintiff filed a timely opposition. Defendant filed a timely reply. II. DISCUSSION A. Summary Judgment – Statement of Law Summary judgment motions enable a court to determine the opposing party's pleadings lack evidentiary support and to limit or terminate the action accordingly: “The purpose of the law of summary...

Excerpt: ...ach of express warranty; (2) breach of implied warranty; and (3) fraudulent inducement (concealment). Now at issue is Defendant's demurrer to Plaintiffs' third cause of action, and Defendant's motion to strike Plaintiffs' punitive damages claims. Plaintiffs filed an opposition to each motion. Defendant filed a reply to each opposition. II. DISCUSSION A. Demurrer 1. Statement of the Law – Demurrer A demurrer is a pleading used to test the legal ...