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2021.08.26 Demurrer 986
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2021.08.26
Excerpt: ...sinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-69.) Defendant's request for judicial notice of Exhibit D is GRANTED, pursuant to Evidence Code § 452(d). Defendant contends that plaintiff failed to exhaust administrative remedies pursuant to Labor Code § 2699.3 because plaintiff's letter to the Labor and Workforce Development Agency (“LWDA”) contains insufficient particularity. “The evident purpose of the notice requirement is to afford t...
2021.08.24 Demurrer, Motion to Strike 129
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2021.08.24
Excerpt: ... A. PRELIMINARY MATTERS With respect to defendant Naamaz Zeevi-Gold's obligation to meet and confer prior to filing the demurrer and motion to strike, counsel for plaintiff John Doe maintains that, despite notifying defendant to copy the paralegals in any emails sent to counsel for plaintiff, defendant did not do so in attempting to meet and confer. (Smith Decl. ¶¶ 5, 6 & Exs. B, C.) Plaintiff's counsel cannot opt out of receiving email directl...
2021.08.12 Petition to Compel Arbitration 530
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2021.08.12
Excerpt: ...nds that plaintiff agreed to arbitration of the causes of action asserted in this action. Plaintiff's claims, all of which arise from the alleged sexual harassment and abuse from defendant Talebi at her employment at Panini, are encompassed with the arbitration provision of the Mutual Agreement to Arbitrate Claims (“Agreement”). (Mirhosseini Decl. ¶ 2 & Ex. A.) The Court also finds that individual defendants Talebi and Golshan may compel arb...
2021.08.12 Motion to Compel Further Production of Docs 649
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2021.08.12
Excerpt: ...ks an order compelling defendant Washington Square Management, LLC (“WSM”) to produce documents that are responsive to the business records subpoena issued to third-party Newmark Knight Frank (“Newmark”). At issue in this motion is whether certain documents that are responsive to the subpoena are protected by the attorney- client privilege or the attorney work product doctrine. On February 25, 2021, FNTIC issued a business records subpoen...
2021.08.12 Motion for Security of Costs 476
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2021.08.12
Excerpt: ...g].) Nevertheless, the Court exercises its discretion and considers the opposition. (Cal. Rule of Court 3.1300(d).) The Court admonishes plaintiff's counsel that it may decline to consider untimely filings in the future. Pursuant to CCP § 1030(b) and (c), the Court shall require a plaintiff residing outside the State of California to file an undertaking if there is a reasonable possibility that the moving defendant will obtain judgment in this a...
2021.08.10 Motion for Summary Judgment, Adjudication 030
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2021.08.10
Excerpt: ... to Exhibits H-J is GRANTED, pursuant to Evidence Code § 452(b). Plaintiff Brittany Nicole Noh's evidentiary objections are OVERRULED. Plaintiff cannot object to defendant's purported undisputed material facts, only evidence. (Cal. Rule of Court 3.1354.) Defendant's evidentiary objections are OVERRULED. B. FIRST CAUSE OF ACTION: WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY For the reasons stated below with respect to the second through fou...
2021.08.05 Motion for Leave to File FAC, to Compel Depositions 838
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2021.08.05
Excerpt: ...f seeks leave to amend to file a First Amended Complaint to add five causes of action: (1) Failure to Prevent Discrimination under the FEHA; (2) Violation of California Labor Code § 232.5; (3) Violation of California Government Code § 8547.10; (4) Violation of California Government Code § 8547.11; and (5) Violation of Mandatory Reporting Duty under Government Code § 815.6. Requests for leave to amend pleadings will normally be granted unless ...
2021.08.05 Demurrer, Motion to Strike 358
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2021.08.05
Excerpt: ...f Beverly Hills (“City”) demurs to the Second Amended Complaint (“SAC”) on the following grounds: (1) plaintiffs failed to file a claim under the Government Tort Claims Act with the City; (2) plaintiffs' requested remedies are unlawful; (3) plaintiffs fail to state individual employment agreements to maintain the second cause of action; (4) Government Code § 818.8 bars the second cause of action; and (5) declaratory relief is not availab...
2021.08.03 Demurrer 425
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2021.08.03
Excerpt: ...i v. R.J. Reynolds Tobacco Co. (1994) 7 Cal.4th 1057, 1063.) Cross-defendants Debra Felipe and Construction Paper, Inc. demur to every cause of action on the ground that the causes of action are time-barred. The Court finds that cross-complainant CJ Concrete Construction Inc. sufficiently invoked the discovery rule in the First Amended Cross-Complaint. The “discovery” rule “postpones accrual of a cause of action until the plaintiff discover...
2021.07.30 Demurrer, Motion to Strike 718
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2021.07.30
Excerpt: ...iers, Inc. (“Apollo”) and Dispatch Management Group (“DMG”) are his joint employers. (Morales v. 22nd Dist. Agricultural Assn. (2016) 1 Cal.App.5th 504, 543 [“‘Joint employment occurs when two or more persons engage the services of an employee in an enterprise in which the employee is subject to the control of both.' [Citation]”].) Apollo controlled the conditions of plaintiff's employment, including how much plaintiff was paid and ...
2021.07.29 Motion for Summary Judgment, Adjudication 947
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2021.07.29
Excerpt: ...led on August 28, 2020 are GRANTED, but only for the existence of the documents, not the truth of the matters asserted therein. (See Evid. Code § 452(d); Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-69.) Defendant's request for judicial notice as to the March 16, 2021 Minute Order is GRANTED, pursuant to Evidence Code § 452(d). Defendant's evidentiary objections are OVERRULED. I. FIRST CAUSE OF ACTION: FRAUD With respect to Issue Nos. 1 th...
2021.07.29 Demurrer, Motion to Strike 017
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2021.07.29
Excerpt: ...gh 4 are GRANTED, pursuant to Evidence Code § 452(c). (Rodas v. Spiegel (2001) 87 Cal.App.4th 513, 518 [official acts include records, reports and orders of administrative agencies].) Cross-defendants' request for judicial notice as to Exhibit 5 is GRANTED, pursuant to Evidence Code § 452(a). The demurrers to the first, seventh through tenth, and twelfth through fourteenth causes of action are SUSTAINED on the basis of the Labor Commissioner's ...
2021.07.27 Motions to Quash Business Records Subpoenas 192
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2021.07.27
Excerpt: ...ry objections are OVERRULED. As a preliminary matter, the Court notes that, despite the Court's 6/10/21 Minute Order noting the grant of leave for plaintiff to file a First Amended Complaint and ordering “[t]he First Amended Complaint is to be filed separately via e-court,” plaintiff has not filed the First Amended Complaint. Plaintiff is ordered to file the First Amended Complaint within two (2) Court days hereof. For purposes of addressing ...
2021.07.27 Motion to Quash Service of Process, Set Aside Default Judgment 696
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2021.07.27
Excerpt: ...ulting party must: (1) demonstrate that it has a meritorious defense; (2) state a satisfactory excuse for not presenting a defense in the original action; and (3) demonstrate diligence in seeking to set aside the default upon discovery. (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 982, citing Stiles v. Wallis (1983) 147 Cal.App.3d 1143, 1147–48 and In re Marriage of Stevenot (1984) 154 Cal.App.3d 1051, 1071.) The Court does not find any of the ...
2021.07.22 Motions to Compel Verified Responses to Discovery, Deem Matters Admitted 613
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2021.07.22
Excerpt: ...on for Order to Deem the Truth of Each Request for Admission, Set No. 1 is GRANTED IN PART. I. FORM INTERROGATORIES‐GENERAL, SET ONE Respondent Kathy Luong's Motion to Compel Verified Responses to Form Interrogatories, Set One concerns Form Interrogatories-General, Set One, Nos. 1.1 and 17.1. Luong served the first set of Form Interrogatories on petitioner Sovan Lam by email on April 21, 2021. (Luong Motion Decl. ¶ 2 & Ex. A.) The deadline to ...
2021.07.22 Motion for Summary Judgment 131
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2021.07.22
Excerpt: ...al estoppel. According to defendant, plaintiff appealed Kaiser's decision to reject her request for an out-of-network referral for lipedema treatment to the California Public Employees' Retirement System (“CalPERS”). (UMF 8, 10.) After an administrative hearing, an Administrative Law Judge (“ALJ”) issued a decision recommending denial of the appeal, and CalPERS adopted the decision. (UMF 16-18.) The CalPERS decision is final. (UMF 20, 21....
2021.07.22 Demurrer, Motion to Strike 969
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2021.07.22
Excerpt: ... FIRST AMENDED COMPLAINT Defendant The Regents of the University of California demurs to the eighth cause of action for Violation of Government Code § 8547, et seq., on two grounds: (1) plaintiff fails to allege she made the written complaints under penalty of perjury; and (2) plaintiff does not sufficiently allege she was terminated due to her written complaints. With respect to the second ground, defendant contends plaintiff Dinora Duarte fail...
2021.07.20 Motion to Quash Subpoenas, for Protective Order 768
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2021.07.20
Excerpt: ... to Prior Medical Providers is GRANTED. The deposition subpoenas issued to (1) Los Angeles County Office of Education, (2) USC Verdugo Hills Hospital, (3) USC Verdugo Hills Hospital – Radiology Records, (4) Doctor Ali D. Aziz, M.D., and (5) Descanso Family Practice are QUASHED. Doumanian & Associates may not be identified as the deposition officer on the subpoenas. Under CCP §2020.420, a “deposition officer shall not be financially intereste...
2021.07.20 Demurrer, Motion to Strike 737
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2021.07.20
Excerpt: ...entional Interference with Contractual Relations on the ground that she was not a stranger to the insurance contract between plaintiff Hugh Miller and defendant The Prudential Insurance Company of America (“Prudential”) and that Prudential made the ultimate decision to deny plaintiff's claim. Here, plaintiff alleges that Zeller was an independent contractor who was not a party to the contract between plaintiff and Prudential. (Compl. ¶ 36.) ...
2021.07.15 Motion for Summary Judgment 709
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2021.07.15
Excerpt: ...t (1992) 6 Cal.App.4th 1548, 1564-69.) Defendant's requests for judicial notice as to Exhibits E-H are GRANTED, pursuant to Evidence Code § 452(d). CCP § 340.6(a) provides that “[a]n action against an attorney for a wrongful act or omission, other than for actual fraud, arising in the performance of professional services shall be commenced within one year after the plaintiff discovers, or through the use of reasonable diligence should have di...
2021.07.15 Demurrer 644
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2021.07.15
Excerpt: ...o allege how defendants' taking of a property right was for a wrongful use, with the intent to defraud, or by undue influence. (Welf. & Inst. Code § 15610.30(a)(1-3).) Plaintiff alleges that defendants, who were “trusted financial advisors,” did not explain the features of the loan, including the balloon payment or high interest rate. (Compl. ¶ 16.) However, defendants, as the lender and lender-affiliated broker, had no duty to advise plain...
2021.07.13 Motion to Strike, for Attorney Fees 116
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2021.07.13
Excerpt: ...GRANTED, pursuant to Evidence Code § 452(d). Defendant's requests for judicial notice as to Exhibits 5 and 6 are DENIED, because they are not court records and no other provision of Evidence Code § 452(d) allows the Court to take judicial notice of discovery responses. Defendant's requests for judicial notice as to Exhibits 7, 8, 10, and 11 are GRANTED, but only for the existence of the documents, not the truth of the matters asserted therein. ...
2021.07.13 Motion for Summary Judgment, Adjudication 908
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2021.07.13
Excerpt: ...fer's request for judicial notice as to Exhibit Q (Complaints) is GRANTED, but only for the existence of the documents, not the truth of the matters asserted therein. (See Evid. Code § 452(d); Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564- 69.) Defendants' request for judicial notice as to Exhibit K (EDD records) is GRANTED, pursuant to Evidence Code § 452(c). (See Fowler v. Howell (1996) 42 Cal.App.4th 1746, 1750 [allowing for judicial not...
2021.06.24 Demurrers, Motion to Strike 675
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2021.06.24
Excerpt: ...tions of Second Amended Complaint, joined by defendant Jose Moreano, is GRANTED IN PART. I. FARMERS ENTITY DEFENDANTS AND BRIANA BERNHARDT'S DEMURRER TO SECOND AMENDED COMPLAINT Plaintiffs' requests for judicial notice are DENIED as irrelevant. (Mangini v. R.J. Reynolds Tobacco Co. (1994) 7 Cal.4th 1057, 1063 [“Although a court may judicially notice a variety of matters (Evid. Code, § 450 et seq.), only relevant material may be noticed”].) A...
2021.06.22 Motion for Separate Trials 270
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2021.06.22
Excerpt: ... 100) are GRANTED, but only for the existence of the documents, not the truth of the matters asserted therein. (See Evid. Code § 452(d); Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-69.) Defendants move for a separate trial on the equitable causes of action, contending that the first cause of action for Breach of Fiduciary Duty, second cause of action for Declaratory Relief, third cause of action for Dissolution, and fifth cause of action f...

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