Excerpt: ...022, Defendant, while under the influence of drugs and/or alcohol, maliciously drove his vehicle and stuck Eduardo Vasquez's vehicle which resulted in severe injuries and Mr. Vasquez's subsequent death. Defendant requests the following portions be stricken from Plaintiffs' complaint: Paragraph 14(a)(2), Paragraph EX-1, Paragraph EX -2, and Paragraph EX- 3. Meet and Confer Prior to filing a motion to strike, the moving party is required to satisfy...

Excerpt: ...ment of compliance with the demand is incomplete,” “[a] representation of inability to comply is inadequate, incomplete, or evasive,” or “[a]n objection in the response is without merit or too general.” (CCP § 2031.310(a).) Plaintiff shows good cause for further responses to these demands. Accountable responded with incomplete statements of compliance. A statement of compliance must state the inspection “will be allowed either in who...

Excerpt: ...entire loan, on February 1, 2024, Defendant served Plaintiff with a Declaration of Mortgage Servicer Pursuant to Civil Code § 2923.5(b) and a Notice of Default and Election to Sell Under Deed of Trust. On Mach 21, 2024, Plaintiff filed suit against Defendant asserting the following causes of action (COAs): 1. Declaratory Relief 2. Rescission 3. Fraud 4. Unjust Enrichment On April 26, 2024, Plaintiff filed the instant motion to prevent the June 6...

Excerpt: ...moving papers and opposition papers. No reply has been received by the Court. BACKGROUND On December 30, 2022, Plaintiffs, who are listed under the pseudonyms of John Doe or Jane Doe, filed a complaint against Defendants Doe Archdiocese and Doe Seminary (collectively, “Defendants”) alleging: (1) negligence; (2) negligent supervision; (3) negli gent hiring/retention; (4) negligent supervision of a minor; and (5) vicarious liability. The compla...

Excerpt: ...raudulent concealment; (3) violation of Penal Code section 496; (4) breach of promissory note; (5) intentional interference with contract; (6) breach of guaranty; and (7) breach of guaranty. On 2/2/2024, Plaintiffs moved for summary adjudication of the first, fourth, fifth, and sixth causes of action. Discussion Plaintiffs argue they have established their first, fourth, fifth, and sixth causes of action. I. Promissory Fraud “The elements of pr...

Excerpt: ... LEGAL STANDARD CCP section 2023.030 provides that, "[t]o the extent authorized by the chapter governing any particular discovery method..., the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose... [monetary, evi dence, and terminating] sanctions against anyone engaging in conduct that is a misuse of the discovery process...." CCP section 2023.010 provides that "[m]isuses of ...

Excerpt: ..., 2019, plaintiff Michael Dyberg filed the complaint against defendants Laura Gehley and Mark Gehley for (1) defamation and (2) intentional infliction of emotional distress. On May 5, 2020, defendant/cross-complainant Laura Gehley filed a cross -complaint against plaintiff/cross -defendant for (1) sexual battery, (2) battery and assault, (3) intentional infliction of emotional distress, and (4) negligent infliction of emotional distress. This is ...

Excerpt: ...eness of the 33% attorney fee of $346,500.00, which is higher than the lodestar of $148,360. Background Plaintiff was employed by Defendant White Memorial Medical Center (“Defendant”) beginning in 2018. The main claims in this case are that non -exempt employees were not paid for ‘waiting time' while going through Covid -19 clearance prior to starting their shifts and that case managers were not given meal and rest breaks. Plaintiff filed t...

Excerpt: ...nifer McCullum filed a cross -complaint against Greenspan and others. On January 9, 2024, Greenspan filed a motion to compel arbitration. Cross -Defendants Matthew Blumkin, Matthew Goldstein, and Sydney Greenspan filed a notice of joinder to the motion. [1] The Court must grant a petition to compel arbitration unless the defendant has waived the right to compel arbitration or if there are grounds to revoke the arbitration agreement. (Ibid. ; Code...

Excerpt: ...e with taking leave; (3) whistleblower retaliation; (4) wrongful termination; and (5) unfair competition. On 3/12/2024, Defendant moved to compel arbitration, and stay these proceedings. Legal Standard Where the Court has determined that an agreement to arbitrate a controversy exists, the Court shall order the petitioner and the respondent to arbitrate the controversy …unless it determines that… grounds exist for rescission of the agreement.�...

Excerpt: ..., Inc. (Tesla) by acquiring a certified pre -owned 2015 Tesla Model S 85. Subsequently, Soliman alleges the vehicle presented with serious defects in its electrical and body systems. On September 27, 2023, Soliman filed a complaint against Tesla and Does 1 -20, alleging (1) breach of express warranty and (2) breach of implied warranty. On February 28, 2024, Tesla filed the present motion. A hearing on the present motion is set for May 28, 2024, a...

Excerpt: ...is twelve -year old daughter, H.D Doe (“Plaintiffs”), a minor by and through her guardian ad litem and father, Carlos Davis. Plaintiffs filed the original complaint against Defendant Ho me 2 U 9, LLC (“Home” or “Defendant”) on December 15, 2021 and then subsequently amended it. Defendant Home is an adult residential care facility located next door to Plaintiffs' home. In September 2021, Steve Golden (“Golden”) came to live at Defe...

Excerpt: ...intiff alleges that she traveled to Culver City Chevrolet, met with the salesp erson and asked him to show her a Bolt. She alleges that she was satisfied by the representations made by the salesperson and the manufacturer through publications that the vehicle's range on a charge was 259 miles. However, the Subject Vehicle allegedly had defects including with the EV battery module, insufficient distance on a charge, potential high voltage battery ...

Excerpt: ...ril 20, 2023, at an initial status conference before the undersigned concerning these cases that it had been sent for trial, the Court noted its inclination to address those issues that could be decided while the Utah Court of Appeal considered a judg ment from a trial in Utah related to elder abuse involving these same parties that are substantially like the issues in the civil elder abuse action (YC 071983). On February 28, 2024, the Court sche...

Excerpt: ...tiff or Mr. Reed) filed suit against the County of Los Angeles, Los Angeles County Sherriff's Department, Sheriff Alex Villanueva, Sergeant Rodriguez, Sergeant L. Raymond, Deputy D. Auner, Deputy Hussainian, Deputy M. Salomon, and Deputy J. Stern (collectively, Defendants). On 5/26/2023, Plaintiff filed a second amended complaint (SAC) alleging: (1) breach of mandatory duties; (2) failure to summon medical care; (3) negligence; and (4) violation ...

Excerpt: ...s 3J1M LLC; Ironwood Velvet LLC; and Aperto Property Management Inc. (collectively, “Defendants”) Responding Party: Plaintiff Dawnielle DeSensi, Shiyann Redmond, and Alexis Redmond (collectively, “Plaintiffs”) Notice: OK Ruling: The Motion to Compel Further Responses to Form Interrogatories (Set One) is DENIED. The Motion to Compel Further Responses to Special Interrogatories (Set One) is DENIED. In connection with the motion re: Form Int...

Excerpt: ...tigation of alleged misconduct an d violations of now-dismissed Defendant Eduardo Xavier Yanez. The Commission shall disclose unredacted versions of the documents with Bates Nos. CTC0019, CTC0024, CTC0030, CTC0035, CTC0043, CTC0051, CTC0058, CTC0063 and CTC0086, except that it will redact Yanez's social security number, date of birth, and other ident ifying personal information that does not pertain to his character and fitness. Moreover, the doc...

Excerpt: ...rofessions Code § 17500. On November 28, 2020, May was driving a 2021 Honda Talon (“Talon”) 1000x (a side-by-side UTA/ATV) while Lisa McCafferty (“McCafferty”) was a passenger. (Compl., ¶ 18.) While driving on an offroad trail, both May and McCafferty were wearing harnesses and he lmets. (Compl., ¶ 18.) When the Talon encountered an uneven surface on the road, it flipped, performing a single frontal rollover, with it coming to rest bac...

Excerpt: ...hrough his Guardian ad Litem, S.F., and M.M., a minor, by and through his Guardian ad Litem, M.C. RESPONDING PARTY: Defendant Los Angeles Unified School District The Court has considered the moving papers and opposition papers. No reply has been received. BACKGROUND These consolidated actions involve various plaintiffs who have sued Defendant Los Angeles Unified School District (“LAUSD”) based on allegations of sexual abuse perpetrated by Def...

Excerpt: ...wing causes of action: (1) violation of Civil Code § 3342; (2) negligence; and (3) premises liability. As alleged in the complaint, Plaintiff was injured on December 28, 2014 when she was attacked by Defendants' dog while patronizing Defendants' store. On January 25, 2019, default was entered against Defendant L.A. Fresh Poultry, Inc. Thereafter, on June 6, 2019, defaults were entered against the individual defendants. On July 29, 2022, the Cour...

Excerpt: ...is action arises out of a motor vehicle accident that occurred on 9/30/22 wherein Plaintiff Juan Francisco Rodriguez Cortes (Plaintiff) was struck by a motor vehicle driven by Defendant Jose Luis Gomez Ramirez (Ramirez). (Complaint ¶16). Plaintiff alleges that Ramirez drove a vehicle off the road and struck Plaintiff at the intersection of Laurel Canyon Boulevard and Mercer Street in Los Angeles. Id . Plaintiff alleges that on or before the acci...

Excerpt: ...a witness or the production of documents, electronically stored information, or other things before a court or at the taking of a deposition, the court, upon motion “reasonably made” by the party, the witness, or any consumer whose personal records are sought, or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance wi...

Excerpt: ...e leave requested, including, but not limited to, the following: (1) The necessity and the reasons for the discovery. (2) The diligence or lack of diligence of the party seeking the discovery or the hearing of a discovery motion, and the reasons that the discovery was not completed or that the discovery motion was not heard earlier. (3) Any likelihood that permitting the discovery or hearing the discovery motion will prevent the case from going t...

Excerpt: ...cuments. Cross- Complainants filed a notice of non -opposition. The Court may order that a record be filed under seal only if it finds that (1) there is an overriding interest that overcomes the right of public access to the record, (2) the overriding interest supports sealing the record, (3) a substantial probability exists that the overriding interest will be prejudiced absent sealing, (4) the proposed sealing is narrowly tailored, and (5) no l...

Excerpt: ...ion for leave to file a second amended complaint (“SAC”). The Court may, in its discretion and after notice to the adverse party, allow an amendment to any pleading. (Code Civ. Proc., § 473, subd. (a)(1).) A motion to amend a pleading must include a copy of the proposed amendment or amended pleading which must be serially numbered to differentiate it from previous pleadings or amendments and must state what allegations in the previous pleadi...