Plaintiff’s Motion for Summary Judgment
6. 23CV01439 Linoz, Roberta Jean et al v. Mains’l California, LLC et al.
EVENT: Motion for Preliminary Approval of Class Action and PAGA Settlement
Motion for Preliminary Approval of Class Action and PAGA Settlement. A Final Approval Hearing is scheduled for July 22, 2026 at 9:00am. The Court will sign the proposed order with this modification.
7. 24CV00371 995 Nord Retail, LLC v. Ballesteros, Tina
EVENT: Plaintiff’s Motion for Summary Judgment
Plaintiff’s Motion for Summary Judgment is GRANTED. Plaintiff has met its initial burden by submitting evidence that no triable issue of fact exists on each element of the breach of contract claim and the motion is unopposed. Plaintiff shall prepare and submit a form of order within 2 weeks.
8. 24CV00397 Lau, Crystal v. Feathers, Robin et al.
EVENT: Defendants’ Demurrer to the Second Amended Complaint
Second Cause of Action - Harassment Preliminarily, Defendants argue for the first time in the reply brief that ADHD is not a disability under FEHA. Because this legal issue was not raised in the moving papers, it will not be addressed here. (See American Indian Model Schools v. Oakland Unified School Dist. (2014) 227 Cal.App.4th 228, 275-276 [“We will not ordinarily consider issues raised for the first time in a reply brief.”]
The SAC sufficiently alleges Plaintiff was harassed “based on” her disability Plaintiff contends that the “based on” language does not necessarily require the harasser be aware of Plaintiff’s disability at the time the harassing conduct occurred. However, as it specifically pertains to disability, existing authority suggests Plaintiff must plead Defendants’ knowledge of the disability prior to the harassing conduct, see Pensinger v. Bowsmith, Inc., 6|Page
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