Excerpt: ...plaint alleges the following causes of action: elder abuse and negligence. On February 27, 2024, Plaintiff served Defendant with a notice of deposition of Defendant's person most knowledgeable (PMK). The deposition was set for March 12, 2024. Defendant's PMK did not appear for the deposition. On March 13, 2024, Plaintiff filed this motion to compel the deposition of Defendant's PMK and production of documents. LEGAL STANDARD “The service of a d...

Excerpt: ...ervices to high-net -worth customers. Through the course of business, Plaintiff alleges it maintained “customized invoices” and “customized contracts” as an a dvantage over its competitors. Plaintiff alleges two of its former employees, Defendants Jonathan Goldhammer and Itay Zeltser —along with Goldhammer's wife, Moran Vaknin—stole Plaintiff's trade secrets to use in a competing business, Defendant Sequoia Pools and Masonry, Inc. Def...

Excerpt: ... The court exercises its discretion not to consider the untimely oppositions by cross - complainants. (Cal. Rules of Court, rule 3.1300(d).) Cross-complainants are admonished that they must file their papers in a timely way in the future. 1. Fraud The FACC does not allege sufficient facts to constitute fraud. Fraud requires “(a) misrepresentation; (b) defendant's knowledge of the statement's falsity; (c) intent to defraud (i.e., to induce actio...

Excerpt: ...fficiently state facts to support each claim. Defendant also moves to strike the prayer for punitive damages. The demurrer is sustained without leave to amend and the motion to strike is denied as moot. A demurrer should be sustained only where the defects appear on the face of the pleading or are judicially noticed. (Code Civ. Pro., §§ 430.30, et seq.) As is relevant here, a court should sustain a demurrer if a complaint does not allege facts ...

Excerpt: ... e 4. Intentional Infliction of Emotional Distres s 5. Private Nuisance 6. Violation of Business & Professions Code 17200, et seq . RELIEF REQUESTED IN MOTION TO STRIKE: An order striking the 4 th cause of action (¶¶49 -53), the 6th cause of action (¶¶62 -68) and the prayers for relief related to the 4 th and 6 th causes of action (Prayer ¶¶9 -11, 15) . RULING : The demurrer is sustained with 30 days leave to amend. The motion to strike is ...

Excerpt: ...s CONTINUED. Background This action arises from an appeal of an order, decision, or award of the Labor Commissioner in State Case Number WCCM729446 (the “Underlying Action”). On September 16, 2021, in this Court, Appellant Jimmy Wang (“Appellant”) filed a Notice of Appeal indicat ing that he was appealing the decision of the Labor Commissioner in the Underlying Action and attached the order, decision, or award of the Labor Commissioner as...

Excerpt: ...improperly submitted supplemental briefing without leave of court and the initial opposition was untimely. The court has discretion to overlook late -served papers and resolve the matter on the merits. E.g., Cal. Rules of Court, rule 3.1300(d); Gonzalez v. Santa Clara County Dept. of Social Services (2017) 9 Cal.App.5th 162, 168. Leong submitted the initial opposition for the sole purpose of requesting a continuance. Leong objects to the Olsen de...

Excerpt: ...25,000.00 of that amount. BACKGROUND: On April 8, 2022, Chavez General Construction, Inc. (“Chavez”) filed its Verified Complaint against David Moezinia (“Moezinia”) on causes of action of breach of contract, common counts, and mechanic's lien foreclosure. On May 20, 2022, Chavez filed its Amendment to Complaint. On June 23, 2022, Moezinia filed: (1) Verified Answer to the Complaint; and (2) Verified Cross - Complaint (“Moezinia Cross-C...

Excerpt: ... settled this Song- Beverly matter and have agreed that Plaintiff Jorge Gonzalez Luna is the prevailing party entitled to fees and costs under Civil Code section 1794, subdivision (d). Plaintiff moves for an order awarding attorneys' fees under the lodestar method in the amount of $24,204.50. Plaintiff also requests $2,886.55 in costs. The total requested is $27,091.05. Plaintiff leased a new 2020 Ford Explorer Sport from Bob Wondries Ford (deale...

Excerpt: ...e implied covenant of good faith and fair dealing, (2) breach of contract, and (3) violation of Business and Professions Code section 17200. Plaintiff alleges Defendant has failed to provide coverage for medically necessary emergency services despite a contractual obligation to do so. Defendant Oscar Health Plan of California now moves for judgment on the pleadings of the third cause of action for violation of section 17200. Plaintiff opposed. TE...

Excerpt: ...h 26, 2024, Defendant filed the instant MJOP. On April 23, 2024, Plaintiff filed an opposition. On April 26, 2024, Defendant filed its reply. Discussion In 2019, the California Legislature passed Assembly Bill 218 (“AB 218”), which took effect January 1, 2020, and made several significant changes to Code of Civil Procedure section 340.1 (“CCP § 340.1”)— the statute of limitations for claims of childhood sex ual abuse. [1] Among other t...

Excerpt: ...ings at any time. Desny v. Wilder (1956) 46 Cal.2d 715, 751. Leave may be denied when the party seeking amendment delayed without justification. Melican v. Regents of Univ. of Calif. (2007) 151 CA4th 168, 176. A motion for leave to amend must state when the facts giving rise to the amended allegations were discovered and the reasons why the request for the amendment was not made earlier. Cal. Rules of Court 3.1324(b). A court can deny leave to am...

Excerpt: ...2019, Plaintiff Enrique Restrepo suffered severe bodily injuries when Defendant's vehicle struck the plaintiff's motorcycle and caused him to be ejected and fall on the road. (Compl. , ¶¶ 9 - 13.) On December 15, 2023, Defendant served his expert witness designation, identifying six retained experts and ten non -retained experts. (Abkarian Decl., ¶ 5 & Exh. C.) Plaintiffs contend that Defendant has improperly designated two expert neurologists...

Excerpt: ...itration and Stay Proceedings The court considered the moving, opposition, and reply papers filed in connection with this motion. REQUEST FOR JUDICIAL NOTICE The court grants defendant Worldwide Flight Services, Inc.'s request for judicial notice. (Evid. Code, § 452, subd. (h).) DISCUSSION Defendant Worldwide Flight Services, Inc. (“Defendant”) moves the court for an order (1) compelling plaintiff Angie Gonzalez (“Plaintiff”) to submit t...

Excerpt: .... Plaintiff alleges Defendant Westfield negligently maintained and owned certain property in Canoga Park, which created a dange rous condition on the floor of the subject premises. As a result, Plaintiff slipped and fell when she encountered the dangerous condition. On August 1, 2023, Plaintiff named Universal Protection Service, LP as DOE 1. [TENTATIVE] RULING Defendant UPS' Motions for Relief from Waiver of Objections to Plaintiff's Special and...

Excerpt: ...nd Joshua Sawicki filed this action against Defendants James S. Bekhor Insurance Services Inc. d/b/a Active Insurance and JSB Holdings LLC On December 12, 2024, Plaintiff Joshua Sawicki filed a motion for summary adjudication. At the March 15, 2024 hearing, the Court ordered the parties to file an amended separate statement and supplemental briefing, and it continued the hearing. FACTUAL BACKGROUND All of the Amended Separate Statement's material...

Excerpt: ... diagnosed him and failed to render proper treatment. On February 16, 2024, Defendants filed the instant motion for summary judgment. Plaintiff has not filed an opposition. LEGAL STANDARD The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dismissal without the need for trial. (Aguilar v. ...

Excerpt: ... Salvador Velazquez (Plaintiff) filed this action. On September 13, 2022, Plaintiff filed the operative First Amended Complaint (FAC) against defendants Emanate Queen of the Valley Hospital (Queen of the Valley), Kindred Hospital Baldwin Park (Kindred Hospital), Rambod Amani -Yazdi, M.D., Azhar Haq, M.D, Sheri Pham, M.D. (Dr. Pham), Radhika Tulpule, M.D., and Does 1 through 100, alleging causes of action fo r wrongful death and statutory elder ab...

Excerpt: ...ry own evidence concedes that he was demoted, not terminated, such that it fails as a matter of law. Background This is a wrongful termination case. Plaintiff CLARENCE ERVING alleges the following against Defendants SAN GABRIEL VALLEY TRAINING CENTER AND WORKSHOP FOR THE HANDICAPPED (the “Center”), a California corporation; VANESSA BESACK: Plaintiff was employed at the Center from June 1, 2001 to November 11, 2019 where he was a production ma...

Excerpt: ...tiff on February 15, 2019. On February 21, 2023, Plaintiff's counsel Downtown L.A. Law Group was disqualified from representing Plaintiff in this matter. Joseph Farzam Law Firm was substituted in as attorney on December 6, 2023. On March 8, 2024, the Court ordered Plaintiff to appear for deposition within 30 days of notice and to pay monetary sanctions in the amount of $615. Defendant gave notice of this ruling by email on March 12, 2024. On Marc...

Excerpt: ...n or speculation. First, they assert the tautology that testimony based solely on speculation or improper extrapolation is inadmissible. Because the motion fails to identify specific damage calculations or opinions and describe the underlying facts or records and/or statistical methods used to reach those calculations or opinions, any order granting such a motion would a mount to a “ruling[ ] which would merely be declaratory of existing law or...

Excerpt: ...osts. Counsel for Plaintiff is ordered to serve and electronically submit a proposed Amended Judgment consistent with this Court's Ruling, within 10 -days. BACKGROUND On December 22, 2022 , Plaintiff The Sherwin- Williams Company (“Plaintiff”) filed a Complaint against Defendant Anthony Sanchez dba Color Custom Painting (“Defendant”) and DOES 1 through 100, inclusive for: (1) Breach of Contract; (2) Goods Sold and Delivered/Agreed Price; ...

Excerpt: ...THE ACTION IS STAYED. DEFENDANT TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self -represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. BACKGROUND On December 4, 2023, Plaintiff sued Defendants, asserting 12 causes of action for Labor Code and FEHA violations, retaliation, and ...

Excerpt: ...that they entered into a “Gamer Agreement” (“Agreement”) with Respondent, providing for Petitioners to competitively coach or play for the XSET team for Valorant—a video game released by Riot Games. Paragraph 19 of the Standard Terms & Conditions to the Agreement contains an arbitration clause. Respondent allegedly refused to pay Petitioners their share of revenue related to the Valorant game. Petitioners then filed demands for arbitrat...

Excerpt: ... Cassandra Catapia and Sergio Velasquez T/R: DEFENDANTS' DEMURRER IS OVERRULED. THE MOTION TO STRIKE IS DENIED. DEFENDANTS TO FILE AND SERVE ANSWERS TO THE FIRST AMENDED COMPLAINT WITHIN 30 DAYS OF NOTICE OF RULING. DEFENDANTS TO NOTICE If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self -represented party) before 8:00 am on the day of the hearing. The Court ...