Excerpt: ...e Hearing on Objections discussed below. The Court orders the parties to meet and confer by telephone or in person in a serious and good faith effort to resolve and eliminate the objections. The only objections that should remain are those that pertain to material evidence regarding material issues. Keeping the rules of evidence in mind, the parties should be able to reduce the objections to just a few. If any material objections remain unresolve...

Excerpt: ... Steven Cervine (collectively, “Defendants”) bring this demurrer to the Complaint of Plaintiff Raven Starre (“Starre”). The Complaint asserts causes of action for libel per se (against all Defendants, including non-demurring defendants) and civil extortion (against Nancy Johnson, Amy Sheely, and Beth Bayard, among other nondemurring defendants). Defendants demur to the libel per se cause of action on the grounds that Starre fails to state...

Excerpt: ...gh his Guardian Ad Litem, Clarence Tate (“Tate”) and Defendant FCA US LLC (“FCA”) entered into a stipulated protective order on March 16, 2016 relating to documents produced in discovery considered proprietary or confidential. (Cosgrove Decl., Ex. 1, ¶ 1.) On June 21, 2018, Plaintiff filed an amended motion to modify the final status conference exchange lists and purportedly appended to an amended version of Plaintiff's counsel's support...

Excerpt: ...3, 2016 alleging that the defendants deprived Plaintiff of water she was entitled to receive from an open canal that runs through Plaintiff's property by wrongfully diverting the water from the canal to an underground pipeline. The Defendants are as follows: the City of Azusa; Azusa Valley Water Company (“AVWC”); George Morrow (“Morrow”); Fran Delach (“Delach”); and Chet Anderson (“Anderson”) (collectively, the “City Defendants�...

Excerpt: ...�), Denys Cowan (“Cowan”), Derek Dingle (“Dingle”), Hudlin Entertainment, Inc. (“HEI”), Milestone Media Company, LLC (“New Milestone”), and Milestone Media, Inc. (“Old Milestone”) (collectively, “Defendants”) on July 31, 2017. The Complaint asserts causes of action for breach of fiduciary duty, aiding and abetting breach of fiduciary duty, intentional interference with prospective economic relations, fraudulent conveyance,...

Excerpt: ...nt Sports & Entertainment, LLC (“ISE”) and Relativity Sports, LLC. The Complaint asserts causes of action for gender and race discrimination, unequal pay, retaliation, failure to prevent discrimination, and wrongful termination. ISE successfully moved to compel arbitration and stay this action pursuant to an arbitration agreement entered into by Li in connection with her employment. Plaintiff now moves to lift the stay to permit her to file a...

Excerpt: ...efendant Baldwin Park Unified School District (“BPUSD”). Schmittle's Complaint alleges causes of action for discrimination, retaliation, failure to accommodate, failure to engage in good faith interactive process, and failure to prevent discrimination. On May 2, 2018, this Court issued an order granting Schmittle's motion to compel production of documents, namely certain emails that were withheld by BPUSD on the basis of Insurance Code sectio...

Excerpt: ...H. Myers, both individually and as trustees of the Orville Myers and Perdita H. Myers Family Trust Under Instrument of Trust Dated August 3, 1988 (jointly, “Plaintiffs”) under Code of Civil Procedure section 430.10, subdivision (c), which provides that demurrer is proper if “[t]here is another action pending between the same parties on the same cause of action.” (Code Civ. Proc., § 430.10(c).) Plaintiffs oppose on the basis that the “o...

Excerpt: ... purchased a new vehicle from Defendant which she later discovered suffered from numerous defects and malfunctions. Plaintiff alleges that Defendant refused to repurchase the nonconforming vehicle. The Complaint asserts causes of action under the Song-Beverly Consumer Warranty Act (“Song- Beverly”). On May 24, 2017, Defendant served a Code of Civil Procedure section 998 offer for $44,000, which offer was not accepted. (Proudfoot Decl., ¶ 9.)...

Excerpt: ...ront, LLC (“RBW”) filed on November 9, 2017. The Complaint asserts causes of action for deprivation of substantive due process rights under color of state law, deprivation of procedural due process rights under color of state law, breach of contract, and declaratory judgment. RBW alleges that it and the City entered into a development project for the Redondo Beach waterfront, the “Waterfront Project.” (Compl., ¶¶ 18-19.) RBW invested mo...

Excerpt: ...LDO SUAREZ, Plaintiffs, vs. FORD MOTOR COMPANY, et al. Defendants. Case No.: BC 640103 Hearing Date: July 23, 2018 Hearing Time: 8:30 a.m. [TENTATIVE] ORDER RE: PLAINTIFF'S MOTION FOR ATTOR N EXPENSES Background Plaintiff Leovigildo Suarez (“Plaintiff”) filed this action on November 7, 2016 against Defendant Ford Motor Company (“Defendant”). Plaintiff alleges that he purchased a new vehicle from Defendant which he later discovered suffere...

Excerpt: ...section 36(a). Trial in this matter is currently set for August 29, 2018, and Baumel requests that trial be set on a date after September 18, 2018 (the date of the parties' mediation) and before November 20, 2018. Defendant and Cross-Complainant Charles de Seve (“de Seve”) opposes. Discussion Code of Civil Procedure section 36(a) provides: (a) A party to a civil action who is over 70 years of age may petition the court for a preference, which...

Excerpt: .../08/1991 (jointly, “Plaintiffs”) filed the instant Complaint in Unlawful Detainer on February 16, 2018 against Defendants Faye M. Ogawa (“Faye Ogawa”), Craig A. Ogawa (“Craig Ogawa”), and Design Details, Inc. (“Design Details”) (collectively, “Defendants”). The Complaint alleges that per a written commercial lease agreement entered into on November 15, 2010, Defendants agreed to pay rent of $8,000 per month to Plaintiffs. The ...

Excerpt: ...�Plaintiffs”) moved for an order awarding additional attorney's fees. The Court ordered supplemental briefing on two issues: why two invoices for the same period were submitted and identification of the fees and costs associated with the first proposed judgment and second motion to confirm arbitration award. Plaintiffs have submitted their supplemental briefs. Defendants Premiere Medical Center of Burbank, Inc. (“Premiere”), Michael Marsh (...

Excerpt: ...rowner, Tanique Taylor, Anthony Moore, Latasha McLemore, and Ralph Taylor (collectively, “Plaintiffs”) filed the instant action on February 5, 2018 against Defendants Carpenters Property Management, Equity Holding Corp.; Group XIII Properties LP, PAMA Management, Inc., and IE Rental Homes, Inc. The Complaint asserts causes of action for breach of implied warranty of habitability, negligence, nuisance, and violations of Civil Code section 1942...

Excerpt: ...nt Ford Motor Company (“Defendant”). Plaintiffs allege that they purchased a new vehicle from Defendant which they later discovered suffered from numerous defects and malfunctions. Plaintiffs allege that Defendant refused to repurchase the nonconforming vehicle. The Complaint asserts causes of action under the Song-Beverly Consumer Warranty Act (“Song-Beverly”). On or about March 2, 2017, Defendant made a Code of Civil Procedure section 9...

Excerpt: ..., INC. TO PLAINTIFF'S COMPLAINT; (C) DEMURRER AND MOTION TO STRIKE OF DEFENDANT MORLEY BUILDERS, INC. TO PLAINTIFF'S COMPLAINT Background Plaintiff Antonio Cutts (“Cutts”) initiated the instant action on December 28, 2017 against Defendants Morley Builders, Inc. (“Morley”), Helix Electric, Inc. (“Helix”), Clarett West Development, LLC (“CWD”), and DLJ Real Estate Capital Partners, L.P. (“DLJ”) (collectively, “Defendants”)....

Excerpt: ...omplaint”). The Complaint asserts one cause of action for breach of contract. Defendant demurs to the Complaint on the basis that the cause of action fails to state a claim and is additionally uncertain. No opposition to the demurrer was filed. Procedural Issues On May 16, 2018, the Court continued the hearing on Defendant's demurrer and ordered Defendant to file a proof of service showing service of the demurrer on Causey because no such proof...

Excerpt: ...ranting preliminary approval of the class action settlement entered into with Defendant SCIS Air Security Corporation (“SCIS”). The motion is unopposed. Discussion Preliminary Approval of Class Action Settlement As a “fiduciary” for the absent class members, “the trial court's duty [is] to have before it sufficient information to determine if the settlement [is] fair, adequate, and reasonable.” ((7- Eleven Owners for Fair Franchising ...

Excerpt: ...to the Complaint of Plaintiff Mercedes Churchwell (“Churchwell”). The Complaint asserts causes of action for violations of statutory obligations, including the Song-Beverly Act and Magnusson-Moss Acts. Ford demurs to the seventh cause of action (fraudulent inducement - concealment), eighth cause of action (fraudulent inducement – intentional misrepresentation), and ninth cause of action (fraudulent inducement – negligent misrepresentation...

Excerpt: ...noperable windows and household appliances, deteriorated walls and ceilings, faulty pipes and electrical wiring, unsanitary flooring, unsafe common areas, and inadequate security. On August 1, 2013, plaintiffs commenced the first of two cases (Deolarte) in this action. On July 15, 2015, plaintiffs commenced the second (Aguilar). On August 12, 2015, Department 74 of the Court (Judge Sanchez-Gordon) deemed the two cases related. On August 3, 2016, ...

Excerpt: ...�) on November 17, 2017. On February 15, 2018, a Notice of Settlement of Entire Case (the “Notice”) was filed by Menchaca, indicating that a conditional settlement had been reached, and that a request for dismissal would be filed no later than March 30, 2018. Menchaca now moves to set aside the Notice and return the matter to the active civil calendar because the parties have not reached a binding settlement. FCA opposes. Discussion Californi...

Excerpt: ...) filed this employment action on November 16, 2017 against Defendants Republic Services, Inc. (“Republic Services”), Kelly Services, Inc. (“Kelly Services”), and Chris Doe. Consolidated Disposal Service, LLC (“CDS”) was added to replace Doe No. 2 on December 29, 2017. Republic Services was dismissed without prejudice by stipulation on February 15, 2018. The Complaint asserts causes of action under FEHA for retaliation, discrimination...

Excerpt: ...��Suarez”), Julie Preston (“Preston”), and RJ Cook (“Cook”) (collectively, “Defendants”). Contreras was hired by HAL on November 5, 2012 as a case manager until her termination on June 18, 2015. (Defendants' Separate Statement of Undisputed Material Facts (“UMF”) 2, 23) Suarez, Preston, and Cook were Contreras's supervisors at various points in time during her employment. (UMF 3, 8, 15) Defendants now move for summary adjudicati...

Excerpt: ... part: Judge Beaudet hereby discloses that approximately 18 years ago, she and her husband purchased a pickup truck for her husband's use that he recalls was either a Dodge or Chrysler pickup; Judge Beaudet does not remember the maker of the pickup. The pickup developed electrical problems. Judge Beaudet's husband took the pickup in to the dealer many times for the same electrical problem. The pickup was tested with some device while it was opera...