Excerpt: ...pp.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2005) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discovery completed and the stage of the proc...

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: ...ainst Defendants Brickley Construction Company, Inc., and James Lawrence Brickley (dismissed), alleging causes of action for (1) failure to pay wages; (2) failure to pay minimum wage; (3) failure to pay overtime; (4) failure to pay wages due upon termination, waiting time penalty; (5) failure to issue accurate wage statements; (6) constructive discharge; and (7) unlawful/unfair business practices. Plaintiff alleges he is a former non-exempt emplo...

Excerpt: ..., yet plaintiff's employment terminated in May 2021 (Complaint 14). The motion to strike—which the court treats as a demurrer or motion for judgment on the pleadings—is brought on the ground that plaintiff lacks standing and is therefore granted. Leave to amend, however, is granted, either to substitute a new class representative or to change the definition of the class so that plaintiff falls within it. ...8 Plaintiff has amended the complai...

Excerpt: ...ecord a notice of pendency in which that real property claim is alleged. (Code Civ. Proc., 5405.20.) A real property claim means the cause(s) of action in a pleading, if meritorious, affects title to or the right of possession of a specific real property, orthe use of an easement. (Code Civ. Proc., 5405.4.) A Lis Pendens may be ordered removed from the record because (i) the complaint does not contain a real property claim (Code Civ. Proc., 5405....

Excerpt: ...s roof to fix a leak. Plaintiff sustained injuries when he fell off the roof. At issue is Defendant Patricia Perry's, individually and as Trustee of Perry Family Living Trust, motion for summary judgment, or in the alternative, summary adjudication. Defendant Perry raises the following issues: (1) the case of Privette v. Superior Court (1993) 5 Cal.4th 689, demonstrates Defendant is not liable; (2) there are not triable issue of fact that there w...

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 riskof maintaining class action status through trial, the amount offered in settlement, the extent of discov...

Excerpt: ...The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (21W6) 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 acton status through trial, the amount offered in settlement, the extent of discovery completed and the stage of the proceedings, the experi...

Excerpt: ... (SAC) pleads 7 causes of action: (1) breach of contract, (2) promissory estoppel, (3) quiet title, (4) unjust enrichment, (5) intentional misrepresentation, (6) negligent misrepresentation, and (7) constructive trust. The SAC alleges Daniel and Kendall entered into a rent-to-own contract on April 27, 2014, concerning the property at 9886 Encina Ave., Bloomington for a sales price of $265,000. Before this, Daniel was a tenant at the Subject Prope...

Excerpt: ...osing separate statement; excerpts from the depositions of Trenholm, Jauregui, and Ramsey; the appendix manual for the project; the FAC; a declaration from Ramsey; photos of the scene; a declaration from expert Ryan Radebach and attorney Page | 2 Kristen Gray; a public works memorandum; the contract for the park and an adopted capital improvement program; and the order denying the City's demurrer (of which judicial notice is properly sought). The...

Excerpt: ...l notice by both parties are granted. The requests involve court records and court register of actions which are proper subjects of judicial notice. (See Evidence Code, S 452, subd. (d); D. Cummins Corp. v. United States Fidelity & Guaranty Co. (2016) 246 Cal.App.4th 1484, 1492, fn. 8 [taking judicial notice of Superior Court's register of actions]. First Cause of Action: Equitable Indemnity Preliminarily, Defendant's compulsory cross complaint a...

Excerpt: ...ly had problems with its totally integrated power module or TIPM. It is further alleged that FCA was unable to repair the vehicle within a reasonable number of attempts and failed to replace the vehicle or provide restitution. The complaint further indicates FCA was aware of the defects in advance and concealed relevant facts. Finally, the repairs were also negligently performed by defendant West Covina Chrysler Dodge Jeep Ram (WC). Overall, the ...

Excerpt: ...eadline. Defendant moves to compel a further response to RFP #8. Thereafter, on April 13, 2023, Plaintiff served by email a supplemental, nan-verified response. (Pfeffer Decl. at 99, Exh. 3.) On April 14, 2023, Plaintiff filed its opposition. Defendant filed its reply on April 20, 2023. Neither party seeks sanctions. DISCUSSIONS Meet and Confer It appears Defendant met and conferred. (Cleveland Decl. at 94, Exh. C.) The letter sent properly menti...

Excerpt: ...ndisputed that Act 1 inspected the fence the Friday before the inc:ident, the fence was cut by the third person(s) over the weekend, and Act 1 was unaware. (Fact No.'s 12-17, 22, and 56; Ramsey Decl. [condition discovered upon returning to the site on Mondayl.) Given the absence of knowledge regarding the condition itself, Act 1 cites to the general rule that "the owner is not the insurer of the visitor's personal safety" and as such "the owner's...

Excerpt: ... to No. 2, as the statement relates to a business practice in place and allegedly experienced by the declarant. As to Defendant Field's declaration the Court would SUSTAIN objections Nos. 1-3, again, on hearsay. As to the Preliminary Injunction: The Court would GRANT the motion. The Court will hear argument at hearing on the appropriate undertaking necessary to mitigate Defendants' potential loss should Plaintiff's claims be unsuccessful. Case Su...

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 sta...

Excerpt: ...aim. However, the jury found in favor of Plaintiff and against Defendant Cohen on the breach of fiduciary duty, promissory fraud, and financial elder abuse claims. The jury awarded $276,524.37 in economic damages and $93,620.00 in noneconomic damages. The jury further found Cohen engaged in conduct with malice, oppression, or fraud toward Plaintiff. In its verdict in the second phase of the trial on May 19, 2022, the jury awarded $25,000 in punt-...

Excerpt: ...amount of $75,853.16, with fees to be decided by motion. (Kirnos Decl., 921; Exh. D.) On March 30, 2023, Plaintiffs filed this motion for attorney fees ($100,680.00); a 0.5 multiplier ($50,340.00); and costs ($46,046.13)—a total request of $197,066.13. Evidentiary Objections: Defendant objects to portions of the declaration of Plaintiff's attorney Roger Kirnos as lacking personal knowledge and foundation, hearsay, and relevance. • Objections ...

Excerpt: ...andez") on March 29, 2023 challenging the suspension of his driver's license. The petition alleged on December 31, 2021 at4:4q a.m„ Officer J. Andrade arrested Petitioner for driving under the influence. Petitioner retained counsel and requested an Administrative Per Se (APS) hearing within the statutory Page 2 time and obtained a stay of the suspension. DMV Hearing Officer P. Sims provided over the hearing which concluded on February 27, 2023....

Excerpt: ...Court, rule 3.769.) The moving party must demonstrate that "the settlement is fair, adequate and reasonable." (Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 126; Reed v. united Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 705, 723.) Relevant factors the court may consider include "the strength of plaintiffs' ...

Excerpt: ...tarted by Dale Singh ("Dale") in 2009. Lopez currently serves as the company's president. Upon his initial employment, Lopez alleges he purchased 25% of Dale's shares for $100,000. Dale died on February 6, 2013. Dale's widow, defendant Amelia Singh, inherited his shares. Since Dale's death, Lopez has run the business by himself. Lopez and Amelia make up two members of the three-person board of directors of HSST. Disputes arose between ü)pez and ...

Excerpt: ...rator, not the court, will decide whether the parties should be ordered to non-binding mediation pursuant to the agreement, which the arbitrator will determine is enforceable or unenforceable. (3) The parties agreed that the court, not the arbitrator, would decide the issue whether the class action waiver is enforceable. It is, and the class claims are therefore striken. (4) It is premature to decide whether the non-individual PAGA claims should ...

Excerpt: ...riginal complaint on May 24, 2022. Her operative First Amended Complaint (FAC) was filed on November 4, 2022, against Defendants alleging violations as to (1) meal periods; (2) rest breaks; (3) overtime wages; (4) minimum wages; (5) wage timeliness; (6) final pay; (7) wage statements; (8) maintaining records; (9) reimbursements; (10) unfair competition in violation of Business and Professions Code, secton 17200, et seq., as well as (11) civil pen...

Excerpt: ...e second amended complaint, the requests fell within the broad scope of permissible discovery. Hazmat argues that the court ordered responses without objection, but Hazmat appears to concede that specific objections of attorney-client privilege, attorney workproduct, and official information privilege were subject to further responses in the form of privilege logs. But whether Hazmat concedes it or not, it would have been improper for the court a...

Excerpt: ... has approved — a First Amended Complaint which now consolidates two other matters, adding Jesus Gomez and Rodney Grace as representative plaintiffs and asserting class claims for (1) minimum and overtime wages; (2) rest break violations; (3) meal period violations; (4) reimbursement violations; (5) wage statement violations; (6) timely final pay violations; (7) violation of Business & Professions Code sections 17200, et seq., and (10) civil pe...