Excerpt: ..., who were fourteen or older, were not disclosed on the initial insurance application. The rescission took place despite the fact that the undisclosed household member was not the driver at the tme of the relevant accident. Plaintiffs allege that the application system forced applicants to represent that all disclosures of household members had been made, despite preventing that very disclosure. On December 15, 2022, Plaintiffs, including Plainti...

Excerpt: ...ourt, 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 the plaintiff...

Excerpt: ...laims for violations relating to wages, meal-and-rest periods, wage timeliness, and inaccurate wage statements. Shortly thereafter, Plaintiff Waltz filed a wage-and-hour class action on June 11, 2021, and PAGA representative acton on August 5, 2021 (CIVSB2117018 & CIVS82133560, respectively). While both the Flores and Waltz wage-and-hour matters were removed to federal court, they both were ultimately brought back to this Court. On July 7, 2022, ...

Excerpt: ...hicle. Based on these allegations, Monjaras commenced suit against Cuevas and Good Faith on June 22, 2021, for negligence. In response to the lawsuit, defendants answered and filed a cross- complaint against Salvador Ayala-Villanueva and Ana Trevira, (though they were added via roe amendment). The cross-defendants in turn filed a cross-complaint against Good Faith and Cuevas. The Motion for Summary Judgment Cuevas and Good Faith now seek summary ...

Excerpt: ...asonable diligence to personally serve Defendant, resorting to substituted service at a house that was no longer Defendant's dwelling house or usual place of abode, and that Plaintiff has not substantially complied with the statutory requirements for service of process so as to confer actual notice of the summons and complaint on the Defendant. a. Plaintiff Meets Evidentiary Burden Regarding Proper Service On a motion to quash service of summons ...

Excerpt: ...hat Singh and A&A knew of their identity yet unreasonably delayed filing and serving the Doe amendment until only a few months before trial even though their cross-complaint was filed nearly two years ago. Counsel for Avey, Richard C. Moreno, submits a declaration and attaches exhibits to show where their identity was revealed in discovery. Avey states that Singh and A&A knew of their existence and the factual and legal basis by which they could ...

Excerpt: ...in investing in MCWA and met with Revolon at MCWA's location in Redlands. Esposito and Defendants allegedly entered into an agreement in which Esposito became a 50% owner of MCWA in exchange for a monetary investment. Esposito alleges Revolon has refused to permit him to have an active role in management, refused to share in profits, failed to compensate Esposito as an officer, and denied access to business and corporate records. Esposito's compl...

Excerpt: ...ade secrets by all against all. Defendants Penwood, Lee, and Western answered. Defendant Western moves for summary judgment.[l] Plaintiff Comstock opposes. DISCUSSIONS A trade secret[2] is misappropriated if a person either (a) acquires a trade secret knowing or having reason to know that the trade secret has been acquired by improper means,[31 (b) discloses or uses a trade secret the person has acquired by improper means or in violation of a non...

Excerpt: ...tion(s): Motion to Set Aside Entry of Default, Default Judgment, Renewed Judgment, Writ of Executon and other orders Movant(s): Defendant Ha Tien Thi Ha aka Ha Tien Thi (erroneously sued and served as Tien T. Ha aka Tien H. Ha aka Ha Tien Ha aka Tina Ha aka Ha Tien Ha, et al. Respondent(s): Plaintiff Unifund CCR Partners, a New York Partnership Discussion - Here, Defendant seeks to set aside the judgment on the ground that it is void because she ...

Excerpt: ...ating to (1) meal periods; (2) rest breaks; (3) overtime wages; (4) wage timeliness; (5) final pay; (6) maintenance of required records; (7) accurate wage statements; (8) unfair competition; as well as (9) civil penalties pursuant to PAGA. Per the terms of the currently proposed settlement, Plaintiff would represent a class of non-exempt workers in Defendant's California operations from August 27, 2026, to July 25, 2023. (Settlement, 992 ["Class"...

Excerpt: ...Staff of San Antonio Regional Hospital. A first amended complaint ("FAC") was filed on July 7, 2023 asserting the following causes of acton for: (1) violation of Business & Professions Code, 517200, et seq.; (2) retaliation in violation of Health & Safety Code, 51287.5; and (3) intentional interference with Prospective Economic Advantage. On August 25, 2023, Defendants San Antonio Regional Hospital and Medical Staff of San Antonio Regional Hospit...

Excerpt: ...eet and confer requirement applies to amended pleadings Page | 6 as well as originals. (Code Civ. Proc., S 430.41, subd. (a).) The meet and confer shall occur at least five days before the date the responsive pleading is due. (Code Civ. Proc., S 430.41, subd. If there is no resolution, the demurring party shall submit a declaration with h-s/her demurrer stating either (a) the means in which the parties met and conferred and that no resolution was...

Excerpt: ...time wages; (2) minimum wages; (3) meal periods; (4) rest breaks; (5) waiting time; (6) wage statements; (7) wage timeliness; (8) reimbursements; as well as (9) violation of the unfair competition law. In essence, Plaintiff alleges that he was employed by Defendants from October of 2013 through approximately December 2020. He seeks to represent all current and former non-exempt California employees who worked for Defendants during the statutory p...

Excerpt: ...lege that CDA has a possessory right to the property itself; thus, the cause of action does not state sufficient facts to support nor does COA have standing to bring a trespass cause of action. Additionally, GS8 also specially demurs that the trespass cause of action is uncertain because the FAC fails to allege who owns or possesses the property. In response, Plaintiff argues that it has adequately alleged that it owned the pipeline and the groun...

Excerpt: ... or in the alternative, summary adjudication pursuant to Code of Civil Procedure section 437c, subdivision (f) in favor of Defendants and against Plaintiff's SAC and the following causes of action contained in Plaintiff's SAC: (1) First Cause of Action for Breach of Contract; and, Page | 10 (2) Second Cause of Action for Conversion. Analysis: Plaintiffs First Cause of Action for Breach of Contract: Plaintiff's First Cause of Action is for Breach ...

Excerpt: ...ch 27, 2023, Faerber served his Designation of Expert Witnesses listing Richard Lewis Ruffalo, M.D. (Ruffalo), an anesthesiologist and pharmacologist, along with Kevin P. Becker, M.D., another anesthesiologist, both of whom are to testify concerning causation and damages according to the sworn declaration of defense counsel. (Scott Decl„ 96; Exh. 1.) Scott further declares one of the arguments proffered in support of Faerber's motion for summar...

Excerpt: ...ant 3") (hereinafter, collectively "Defendants.") Plaintiff alleges five causes of actions: 1) negligence; 2) negligent hiring; 3) intentional infliction of emotional distress; 4) battery; and 5) violation of Ralph Civil Rights Act, Cal. Civ. Code S 51.7. On August 3, 2023, Plaintiff filed a first amended complaint alleging the same causes of action.l No trial date has been set in this case. On June 30, 2023, Plaintiff filed this motion for prefe...

Excerpt: ...m ("Lim") and Heidi Kupferman ("Kupferman"). Defendants oppose and Plaintiffs reply. The two motions are nearly identical and are each supported by the declaration of Plaintiff's attorney Scott K. Johnson ("Johnson"). Johnson declares Plaintiffs issued notices of depsiton on April 19, 2023, for depositions on May 23 and 24, 2023, respectively. (Johnson Decl. re: Lim, '15, Exh. 8; Johnson Decl. re: Kupferman, 95.) Defendants subsequently objected ...

Excerpt: ... it assumed the contract/agreement at issue. (Compl. at "1 7 & 21.) Around October 14, 2015, Mayra Diaz (Diaz), a representative and agent of Suncrest, made an unsolicited visit to Plaintiff's residence, located at 7958 North Maple Ave., Fontana, CA 92336, and she presented the option to purchase/install roof-mounted solar panel systems on his home. (ld. at 15-17.) The conversaton between Diaz and Plaintiff was in Spanish, which is Plaintiff's na...

Excerpt: ...laration of his mechanical engineering expert, Mark Burns. C&L filed separate objections to the declarations with its reply. Objection to the Khorshidi declaration is overruled. Objections 1-3 to the Burns declaration is overruled, but objections 4-7 are sustained based on lack of foundation. Defendant C&L's MSJ Defendant C&L moves for summary judgment on the grounds that: (1) it does not own, lease, occupy, or control the property on which Plain...

Excerpt: ...fic Collision Report, and Offcer Amanda Beeman's deposition testimony. Extrinsic evidence, however, is not properly considered at the pleading stage. The extrinsic evidence here is also presented for the purpose of attacking the pleadings themselves and unrelated to whether Plaintiff was insufficiently diligent in pursuing this motion. Such evidence is more properly presented on summary judgment or at trial. The Court therefore sustains Plaintiff...

Excerpt: ..."). On July 28, 2023, she e-served her responses with the verification dated July 31, 2023. (Ma Decl. at 95, Exhs. E-F.) Finding the objections/responses to (i) Form Interrogatories #1.1, 2.1-2.7, 2.11, & 12.1, (ii) Special Interrogatories #1-2, 5-10, 13-16, & 18-23, and (iii) RFPs #1-8 deficient, Plaintiff Lightking moves to compel further responses. Defendant Zhou opposes in part. Plaintiff Lightking replies. After the motions were filed, Defen...

Excerpt: ...Leisure Manor (esa Braswell Leisure Manor) ["Braswell"l. The Complaint pleads 3 causes of action: (1) elder abuse/neglect (wrongful death & survival) by all, (2) wrongful death by Plaintiffs Johnson, Andrew, Joseph, and Sorrell, and (3) negligent infliction of emotional distress (NIED) by Plaintiff Johnson. Defendant Braswell answered. The Complaint alleges that Ysidra Duarte ("Decedent") began living at Braswell's assisted living facility on Jun...

Excerpt: ...e with Defendant BMW. Plaintiff alleges that defects and nonconformities manifested within the warranty period, including those relating to the vehicle's electrical, transmission, and breaks. She further alleges that, despite a reasonable number of attempts, the Defendant was unable to fix the vehicle. Further that the manufacturer failed to replace or make restitution, as required by the Song-Beverly Act (Act). On August 26, 2022, Plaintiff file...

Excerpt: ...ainer complaint against Defendants Grabowski, Crawford, and Graboswki Brothers Racing (G8R). Defendants CITV and DGM appeared by filing prejudgment claims of right of possession. Generally, Plaintiff alleges that the subject property is a commercial warehouse with two suites. Plaintiff has owned the subject property since Defendant Grabowski occupied shortly thereafter and Page 7 was allowed to occupy until March 2021, when he, along with Defenda...