285310658 Proposed Order Granting Motion to Strike Cross Complaint of Robledo and Niebla Temps On Time
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JUSTIN H. SANDERS (SBN 211488) [email protected] REGINALD ROBERTS, JR. (SBN 216249) [email protected] SANDERS ROBERTS LLP 355 South Grand Avenue, Suite 2450 Los Angeles, California 90071 Telephone: 213-943-1314 Facsimile: 213-234-4581 Attorneys for Plaintiff and Cross-Defendants TEMPS ON TIME, INC. and KATHERINE KIDD
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF LOS ANGELES
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NORTH CENTRAL DISTRICT, BURBANK COURTHOUSE
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TEMPS ON TIME,
) ) Cross-Complainants, ) ) vs. ) ) ROSE & SHORE, INC., a California ) corporation, RITE-WAY MEAT PACKERS, ) INC., a California corporation, JUDITH ) ROBLEDO, an individual, CARMEN ) NIEBLA, an individual, PARTNERSHIP ) STAFFING, LLC, a California Limited ) Liability Company, and DOES 1 to 10, ) ) Defendants. ) ) JUDITH ROBLEDO, an individual, ) CARMEN NIEBLA, an individual, ) ) Cross-Complainants, ) ) vs. ) ) TEMPS ON TIME, a business organization of ) unknown form, KATHERINE KIDD, an ) individual, and ROES 1 to 10, ) ) Cross-Defendants. ) )
Case No. EC058809 [Assigned to Judge Donna Fields Goldstein, Dept. NC”B”] [PROPOSED] ORDER GRANTING CROSS-DEFENDANTS TEMPS ON TIME AND KATHERINE KIDD’S MOTION TO STRIKE CROSS-COMPLAINT OF CROSS-COMPLAINANTS’JUDITH ROBLEDO AND CARMEN NIEBLA [Filed concurrently with Cross-Defendants Temps On Time and Katherine Kidd’s Demurrer to Cross-Complaint, Motion to Strike Cross-Complaint of Judith Robledo and Carmen Niebla] Date: Time: Dept.
December 19, 2012 8:30 a.m. NC “B”
26 27 28 - 1[PROPOSED] ORDER GRANTING CROSS-DEFENDANTS TEMPS ON TIME AND KATHERINE KIDD’S MOTION TO STRIKE CROSS-COMPLAINT OF CROSS-COMPLAINANTS’JUDITH ROBLEDO AND CARMEN NIEBLA
PROPOSED ORDER
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Having considered Cross-Defendants Temps On Time and Katherine Kidd’s (“Cross-
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Defendants”) Notice of Motion and Motion Strike Portions of Cross-Complaint, and finding
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good cause therefor, IT IS HEREBY ORDERED that:
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Cross-Defendants’ Motion IS GRANTED.
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IT IS SO ORDERED.
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IT IS FURTHER ORDERED THAT THE FOLLOWING PORTIONS OF THE
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CROSS-COMPLAINT ARE STRICKEN:
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Page 8, line 23-24 of the Cross-Complaint for “’civil penalties’ to the extent permitted by law and Labor Code §§ 2698 and 2699 et seq.”;
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Page 8, line 26 of the Cross-Complaint for “punitive and exemplary damages”;
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Page 8, line 27 of the Cross-Complaint for “an accounting”;
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Page 9, line 2 of the Cross-Complaint for “attorney’s fees and costs.”
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Dated: Hon. Donna Fields Goldstein LOS ANGELES SUPERIOR COURT JUDGE
18 19 20 21 22 23 24 25 26 27 28 - 2[PROPOSED] ORDER GRANTING CROSS-DEFENDANTS TEMPS ON TIME AND KATHERINE KIDD’S MOTION TO STRIKE CROSS-COMPLAINT OF CROSS-COMPLAINANTS’JUDITH ROBLEDO AND CARMEN NIEBLA
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PROOF OF SERVICE
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I, Sandy Bell, declare as follows: I am a citizen of the United States, over 18 years of age and am not a party to the within action. My place of employment and business address is 355 S. Grand Ave., Suite 2450, Los Angeles, CA 90071, which is located in the County of Los Angeles where the service took place. On October 12, 2012, I served a copy of the following entitled document(s):
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[PROPOSED] ORDER GRANTING CROSS-DEFENDANTS TEMPS ON TIME AND KATHERINE KIDD’S MOTION TO STRIKE CROSS-COMPLAINT OF CROSS-COMPLAINANTS’JUDITH ROBLEDO AND CARMEN NIEBLA on the following interested party(s) in said cause: Alan G Novodor, Esq. Attorneys for Defendants LAW OFFICES OF ALAN G. NOVODOR ROSE & SHORE, INC; 11835 W. Olympic Blvd, Suite 1125 E RITE-WAY MEAT PACKERS, INC. Los Angeles, CA 90064-5001 PH: (310) 479-9387/FAX (310) 479-9388 Email: [email protected] Gene J. Goldsman, Esq. LAW OFFICES OF GENE J. GOLDSMAN 501 Civic Center Drive West Santa Ana, California 92701 PH (714) 541-3333 /FAX (714) 541-0456
Attorney for Defendants PARTNERSHIP STAFFING, LLC, JUDITH ROBLEDO and CARMEN NIEBLA
VIA FACSIMILE I caused such document to be transmitted via facsimile to the addressee(s) from the facsimile machine of Sanders Roberts LLP whose fax number is (213) 234-4581 . No error was reported by the machine and pursuant to Rule 2008(e)(3), I caused the machine to print a record of the transmission. VIA ELECTRONIC MAIL I caused the documents to be sent to all interested parties in this action as set forth above. I did not receive, within a reasonable time after transmission, any electronic message or other indication that the transmission(s) were unsuccessful. VIA MAIL I am readily familiar with this office’s practice for collection and processing of correspondence for mailing with the U.S. Postal Service. Per that practice the within correspondence will be deposited with the U.S. Postal Service on the same day shown on this affidavit in a sealed envelope with postage fully prepaid in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in this affidavit.
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VIA OVERNIGHT DELIVERY (FEDERAL EXPRESS) I caused the attached document(s) to be delivered via overnight delivery by depositing copies with the Federal Express service located at 355 S. Grand Ave., Suite 2450, Los Angeles, CA 90071. The envelope was marked for overnight delivery, with the delivery charged to the sender’s account.
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VIA PERSONAL SERVICE I caused to be delivered by hand the attached documents to the office(s) of the addressee.
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I certify and declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on October 12, 2012, at Los Angeles, California.
27 Sandy Bell 28 -1PROOF OF SERVICE
JUSTIN H. SANDERS (SBN 211488) [email protected] REGINALD ROBERTS, JR. (SBN 216249) [email protected] SANDERS ROBERTS LLP 355 South Grand Avenue, Suite 2450 Los Angeles, California 90071 Telephone: 213-943-1314 Facsimile: 213-234-4581 Attorneys for Plaintiff and Cross-Defendants TEMPS ON TIME, INC. and KATHERINE KIDD
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF LOS ANGELES
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NORTH CENTRAL DISTRICT, BURBANK COURTHOUSE
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TEMPS ON TIME,
) ) Cross-Complainants, ) ) vs. ) ) ROSE & SHORE, INC., a California ) corporation, RITE-WAY MEAT PACKERS, ) INC., a California corporation, JUDITH ) ROBLEDO, an individual, CARMEN ) NIEBLA, an individual, PARTNERSHIP ) STAFFING, LLC, a California Limited ) Liability Company, and DOES 1 to 10, ) ) Defendants. ) ) JUDITH ROBLEDO, an individual, ) CARMEN NIEBLA, an individual, ) ) Cross-Complainants, ) ) vs. ) ) TEMPS ON TIME, a business organization of ) unknown form, KATHERINE KIDD, an ) individual, and ROES 1 to 10, ) ) Cross-Defendants. ) )
Case No. EC058809 [Assigned to Judge Donna Fields Goldstein, Dept. NC”B”] [PROPOSED] ORDER GRANTING CROSS-DEFENDANTS TEMPS ON TIME AND KATHERINE KIDD’S MOTION TO STRIKE CROSS-COMPLAINT OF CROSS-COMPLAINANTS’JUDITH ROBLEDO AND CARMEN NIEBLA [Filed concurrently with Cross-Defendants Temps On Time and Katherine Kidd’s Demurrer to Cross-Complaint, Motion to Strike Cross-Complaint of Judith Robledo and Carmen Niebla] Date: Time: Dept.
December 19, 2012 8:30 a.m. NC “B”
26 27 28 - 1[PROPOSED] ORDER GRANTING CROSS-DEFENDANTS TEMPS ON TIME AND KATHERINE KIDD’S MOTION TO STRIKE CROSS-COMPLAINT OF CROSS-COMPLAINANTS’JUDITH ROBLEDO AND CARMEN NIEBLA
PROPOSED ORDER
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Having considered Cross-Defendants Temps On Time and Katherine Kidd’s (“Cross-
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Defendants”) Notice of Motion and Motion Strike Portions of Cross-Complaint, and finding
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good cause therefor, IT IS HEREBY ORDERED that:
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Cross-Defendants’ Motion IS GRANTED.
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IT IS SO ORDERED.
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IT IS FURTHER ORDERED THAT THE FOLLOWING PORTIONS OF THE
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CROSS-COMPLAINT ARE STRICKEN:
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Page 8, line 23-24 of the Cross-Complaint for “’civil penalties’ to the extent permitted by law and Labor Code §§ 2698 and 2699 et seq.”;
10
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Page 8, line 26 of the Cross-Complaint for “punitive and exemplary damages”;
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Page 8, line 27 of the Cross-Complaint for “an accounting”;
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Page 9, line 2 of the Cross-Complaint for “attorney’s fees and costs.”
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Dated: Hon. Donna Fields Goldstein LOS ANGELES SUPERIOR COURT JUDGE
18 19 20 21 22 23 24 25 26 27 28 - 2[PROPOSED] ORDER GRANTING CROSS-DEFENDANTS TEMPS ON TIME AND KATHERINE KIDD’S MOTION TO STRIKE CROSS-COMPLAINT OF CROSS-COMPLAINANTS’JUDITH ROBLEDO AND CARMEN NIEBLA
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PROOF OF SERVICE
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I, Sandy Bell, declare as follows: I am a citizen of the United States, over 18 years of age and am not a party to the within action. My place of employment and business address is 355 S. Grand Ave., Suite 2450, Los Angeles, CA 90071, which is located in the County of Los Angeles where the service took place. On October 12, 2012, I served a copy of the following entitled document(s):
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[PROPOSED] ORDER GRANTING CROSS-DEFENDANTS TEMPS ON TIME AND KATHERINE KIDD’S MOTION TO STRIKE CROSS-COMPLAINT OF CROSS-COMPLAINANTS’JUDITH ROBLEDO AND CARMEN NIEBLA on the following interested party(s) in said cause: Alan G Novodor, Esq. Attorneys for Defendants LAW OFFICES OF ALAN G. NOVODOR ROSE & SHORE, INC; 11835 W. Olympic Blvd, Suite 1125 E RITE-WAY MEAT PACKERS, INC. Los Angeles, CA 90064-5001 PH: (310) 479-9387/FAX (310) 479-9388 Email: [email protected] Gene J. Goldsman, Esq. LAW OFFICES OF GENE J. GOLDSMAN 501 Civic Center Drive West Santa Ana, California 92701 PH (714) 541-3333 /FAX (714) 541-0456
Attorney for Defendants PARTNERSHIP STAFFING, LLC, JUDITH ROBLEDO and CARMEN NIEBLA
VIA FACSIMILE I caused such document to be transmitted via facsimile to the addressee(s) from the facsimile machine of Sanders Roberts LLP whose fax number is (213) 234-4581 . No error was reported by the machine and pursuant to Rule 2008(e)(3), I caused the machine to print a record of the transmission. VIA ELECTRONIC MAIL I caused the documents to be sent to all interested parties in this action as set forth above. I did not receive, within a reasonable time after transmission, any electronic message or other indication that the transmission(s) were unsuccessful. VIA MAIL I am readily familiar with this office’s practice for collection and processing of correspondence for mailing with the U.S. Postal Service. Per that practice the within correspondence will be deposited with the U.S. Postal Service on the same day shown on this affidavit in a sealed envelope with postage fully prepaid in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in this affidavit.
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VIA OVERNIGHT DELIVERY (FEDERAL EXPRESS) I caused the attached document(s) to be delivered via overnight delivery by depositing copies with the Federal Express service located at 355 S. Grand Ave., Suite 2450, Los Angeles, CA 90071. The envelope was marked for overnight delivery, with the delivery charged to the sender’s account.
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VIA PERSONAL SERVICE I caused to be delivered by hand the attached documents to the office(s) of the addressee.
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I certify and declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on October 12, 2012, at Los Angeles, California.
27 Sandy Bell 28 -1PROOF OF SERVICE
