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2023.10.17 Demurrer to TAC 413
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.10.17
Excerpt: ...Defendants for Wrongful Termination, Retaliation, Unfair Business Practices, Violation of the Labor Code, Failure to Provide Accurate Wage Statements, Waiting Time Penalties, among other causes of action. Plaintiff worked for ZO Skin Health as a Physician Assistant-Certified. Defendant Dr. Obagi owned the clinic, and Defendants Connor, Hendrickson, and Denlinger worked for the clinic. Plaintiff alleges in her TAC that all of the Defendants were e...
2023.10.13 Motion for Summary Judgment 667
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.10.13
Excerpt: ...ative, summary adjudication, filed on June 10, 2022, addressed all six of Plaintiff's causes of action. Over a year has passed since the motion was originally filed, as the hearing on the motion has been moved several times. In that time, discovery has been conducted. In Plaintiff's opposition to the motion for summary judgment filed on September 7, 2023, she indicated that she only intends to pursue her Second and Sixth Causes of Action and volu...
2023.10.12 Motion to Compel Further Responses 995
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.10.12
Excerpt: ...ne 21, 2020, Plaintiff slipped and fell on Defendants' premise, causing her injury. On September 1, 2023, Defendant Super Center Concepts, Inc. (sued and served as Doe 1) (“Super Center”) filed a Motion for an Order Compelling Plaintiff's Further Responses to Requests for Admissions (Set One). On September 5, 2023, Super Cener filed two Motions for Orders Compelling Plaintiff's Further Responses to Special Interrogatories (Set Two) and Reques...
2023.10.12 Motion to Compel Arbitration 648
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.10.12
Excerpt: ...ation of Labor Code § 6310 4. Violation of Labor Code §§ 96(k) and232.5 5. Intentional Infliction of Emotional Distress 6. Violation of Labor Code § 201 and202 7. Violation of Labor Code § 203 8. Meal and Rest period violations 9. Violation of Labor Code § 226 (a) 10. Violation of Labor Code § 1174, and Civil Penalties; 11. Violation of Labor code and Cal/OSHA requirements for failure to furnish a place of employment that is safe and healt...
2023.10.12 Motion for Judgment on the Pleadings 167
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.10.12
Excerpt: ...cient to comprise causes of action because the California legislature's elimination of the requirement that Plaintiff present a pre-litigation government tort claim in connection with her claims based on childhood sexual assault arising from conduct occurring prior to 2009 is an unauthorized creation of government liability. It is also unconstitutional under Article XVI, Section 6 of the California Constitution, which prohibits appropriations of ...
2023.10.12 Demurrer to SAC 299
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.10.12
Excerpt: ...AC, ¶ 17.) Plaintiff has alleged 6 causes of action against Defendants Nike and Nike USA (collectively Nike) and Shoe Palace. The causes of action which Plaintiff has alleged are: 1. Wrongful Death (Negligence) 2. Wrongful Death (Premises Liability) 3. Wrongful Death (Negligence) 4. Wrongful Death (Battery) 5. Wrongful Death (Negligence) 6. Survival Action Plaintiff alleges two causes of action – three and six – against Nike, and Nike filed ...
2023.10.12 Demurrer 217
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.10.12
Excerpt: ...day notice to quit. There are no allegations showing the requisite due diligence to allow the service of the three-day notice to quit. There is no information in the proof of service about prior attempts to serve Defendants. Further, Plaintiff has not alleged sufficient facts to satisfy the requirements for the “posting and mailing” method of serving the three-day notice to quit. Also, the complaint states that Defendants served Belle Art Cus...
2023.10.11 Demurrer, Motion to Strike 602
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.10.11
Excerpt: ...nd the other Defendants in this case are fabricators of “toxic” stone products that the Decedent worked with throughout his career in the construction industry from 1996 to 2022. Plaintiffs allege that the Decedent developed silicosis and other injuries from which he died on February 16, 2023, and that the silicosis was a result of working with the stone products. Plaintiffs' allegations regarding Defendant are that it is a fabricator of at l...
2023.09.21 Motion to Enforce Settlement 529
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.09.21
Excerpt: ...itration hearing before the Hon. Jacqueline Connor with ADR Services, Inc. [Ex.1]. The Settlement provides for payment of $100,000 plus Petitioner's ADR Services Arbitration Fees [$20,950], reduced by $25,000 if Respondents made timely payments of $75,000 plus Arbitration Fees by July 1 [Ex.1]. ADR Services, Inc. charged Petitioner and Respondents equally for Arbitration fees of $20,950. Because Respondents paid only $75,000 by July 1, Respondent...
2023.09.21 Motion to Compel Arbitration 613
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.09.21
Excerpt: ...laims be stayed pending the arbitration. Plaintiff Maribel Martinez (Plaintiff) does not dispute that the agreement exists or that the arbitration agreement is enforceable. Instead, Plaintiff's opposition hinges on whether a particular clause in the arbitration agreement would require both the individual and non-individual PAGA claims to be heard in court. Defendant disagrees with Plaintiff's interpretation of the agreement. The following is the ...
2023.09.21 Motion for Judgment on the Pleadings 348
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.09.21
Excerpt: ...f Defendants. He claims that the 4 year statute of limitations ran. He also seeks injunctive relief. Plaintiff's complaint pleads that he was personally responsible for four promissory notes as part of a forgivable advance with Defendants. Under the terms of the promissory notes, if Plaintiff left Defendants' broker-dealer group, this would result in an acceleration of the notes with the lump sum of any debt remaining being due immediately. On or...
2023.09.21 Demurrer to SAC 696
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.09.21
Excerpt: ...meruit for services rendered, (3) account stated, (4) book account, and (5) fraud. These causes of action arise out of Shahili's alleged breach of a retainer agreement with Cross-Defendant's law offices for failure and refusal to pay outstanding legal services fees and costs. The current iteration of Shahili's is Cross-Complaint is her Second Amended Cross-Complaint (SACC), filed on June 20, 2023. In the SACC, Shahili alleges five causes of actio...
2023.09.20 Demurrer, Motion to Strike 542
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.09.20
Excerpt: ...ndants on May 22, 2023. The Complaint alleges 14 causes of action related to Plaintiff's tenancy at a property owned and/or managed by Defendants. The causes of action to which Defendants have demurred are Plaintiff's Second Cause of Action for Tortious Breach of the Warranty of Habitability and Plaintiff's Sixth Cause of Action for Breach of Covenant of Quiet Enjoyment. Plaintiff's complaint alleges that there were several issues with habitabili...
2023.09.20 Motion to Set Aside or Vacate Default 261
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.09.20
Excerpt: ...his relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted.” (See detailed discussion below.) Self-represented Defendant Miguel A. Lopez (Defendant) filed this motion to set aside/vacate default on August 9, 2023, pursuant to CCP § 473(b). Defendant argues that the default should be set aside because of mistake, inadvertence, surprise, or excusable negl...
2023.09.20 Motion to Quash Service of Summons 244
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.09.20
Excerpt: ... lacks personal jurisdiction over Defendant. Defendant is a wholesale distributor formed and headquartered in New Jersey. Defendant argues that it lacks sufficient minimum contacts with California for the Court to exercise general jurisdiction over Defendant and that Defendant has not purposefully availed itself of forum benefits for specific jurisdiction to exist. Plaintiff argues in its opposition that California courts would have general and s...
2023.09.18 Demurrer to SAC 315
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.09.18
Excerpt: ...Angeles County MTA (Defendant) for the usage of the Tap App. Plaintiff's Second Amended Complaint (SAC) does not include the specific terms of the agreement or have the agreement attached to the SAC. It does, however, include quotes from a string of emails that are purported to be about the TAP app, though there is no specific indication from the quoted emails that any kind of formal agreement was entered. No causes of action are indicated in the...
2023.09.15 Motion to Compel Arbitration 758
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.09.15
Excerpt: ...he Complaint identifies causes of actions as (1) Failure To Pay Wages And Overtime Wages In Violation Of Labor Code § 204, 510, 1194 (2) Failure To Pay Minimum Wages In Violation Of Labor Code § 1194, 1194.2, 1197.1 (3) Failure To Provide Rest Periods In Violation Of Labor Code § 226.7 (4) Failure To Furnish Accurate Itemized Wage Statement In Violation Of Labor Code § 226 (5) Failure To Provide Final Wages At Separation In Violation Of Labor...
2023.09.15 Demurrer to FAC 463
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.09.15
Excerpt: ...tional capital contribution. Defendant has demurred on the basis that Plaintiff's claims fail to allege facts sufficient to maintain causes of action against Defendant. Plaintiff's First Amended Complaint (FAC) has alleged three causes of action for (1) breach of contract, (2) breach of implied covenant of good faith and fair dealing, and (3) declaratory relief. Defendant has demurred to all of Plaintiff's causes of action. Plaintiff alleges that...
2023.09.14 Motion for Judgment on the Pleadings 515
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.09.14
Excerpt: ... at issue in this case. Defendant argues that she signed the loan agreement on behalf of her LLC, The Ghaoui Group, LLC, and not as an individual. Plaintiff Craig Caces argues that his Complaint and its attachments sufficiently show that Defendant was a party to the relevant contract for purposes of a motion for judgment on the pleadings for the breach of contract claim. Further, he argues that Defendant is liable for the fraud cause of action be...
2023.09.12 Motion for Terminating, Issue, and Evidentiary Sanctions, for Monetary Sanctions 204
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.09.12
Excerpt: ... The Court also ordered Defendant to pay $1,350.00 in sanctions on that date. Plaintiff indicates that Defendant has failed to pay those sanctions as well. Plaintiff James Cheung (Plaintiff) filed this motion on August 16, 2023 seeking terminating sanctions. In Defendant's opposition, filed on September 5, 2023, she indicates that she served response to Plaintiff's Form Interrogatories on September 1, thus rendering Plaintiff's motion “moot.”...
2023.09.12 Motion for Change of Venue 050
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.09.12
Excerpt: ...ts of the County of San Bernardino. Plaintiffs allege in their initial complaint that the incident giving rise to the complaint occurred in Chino Hills, which is in San Bernardino County. (Compl., p. 5.) Defendant Andrew Paul Brown is alleged to be an employee of the County of San Bernardino. Defendants filed their motion for change of venue on July 17, 2023. Defendants make their motion for change of venue pursuant to CCP §§ 395 and 397. Their...
2023.09.11 Motion to Compel Further Responses to RFAs 413
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.09.11
Excerpt: ...g ZO's responses, Plaintiff sent a meet and confer letter to ZO outlining the alleged deficiencies in ZO's responses, including that the objections to the requests lacked merit, were evasive, or were not code compliant. A mere t two days after sending this letter, Plaintiff filed the instant motion. That facts, without more, strongly suggests that there was no intent to meet and confer in good faith. In ZO's opposition, it indicated that since Pl...
2023.09.06 Demurrer to SACC 443
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.09.06
Excerpt: ...RLoom (RLoom) for causes of action related to RLoom's alleged breach of contract and failure to pay in full invoices for garments that Limelight had sold to RLoom. Limelight had delivered over $2,000,000 worth of garments to RLoom. (Demurrer at p. 1.) RLoom has filed a SACC alleging that Limelight was charging excessive prices for low quality garments and delivered defective goods. Further, RLoom is alleging that its employee, Sylvia Huynh, had c...
2023.09.05 Motion to File Under Seal 162
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.09.05
Excerpt: ...een causes of action related to Plaintiff's employment with Defendant. The cause of action at issue in the demurrer is Plaintiff's Seventh Cause of Action for Sexual Assault and Battery. Plaintiff's cause of action for Sexual Assault and Battery is based on her allegations that her former Leader on Duty, Timothy Boykin, came to her home after work hours and had sexual intercourse with her while she was intoxicated and incapacitated. (Comp., ¶¶ ...
2023.09.01 Motion to Amend Judgment 574
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.09.01
Excerpt: ...change the judgment is in the relatively recent past. (See Minute Order Oct. 21, 2022, “The Court declines to execute the “Proposed Judgment” or “Proposed Post-Judgment.” The Court has denied prior requests to execute these judgments for reasons detailed in the Court's most recent order. Alvin and Judith offer no new grounds for Department 1 to enter the requested judgment(s). The Court will summarily deny future meritless requests for ...

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