Excerpt: ...plaint asserts causes of action for disability discrimination, failure to engage in the interactive process, failure to provide reasonable accommodations, failure to prevent discrimination, and wrongful termination in violation of public policy. Monster now moves for an order compelling arbitration pursuant to Plaintiff's duly executed arbitration agreement. Plaintiff opposes. Legal Standard In a motion to compel arbitration, the moving party mus...

Excerpt: ... 13, 2017. The Complaint asserts causes of action for breach of contract, open book account, account stated, and reasonable value, arising from Quezada's alleged failure to pay workers compensation insurance premiums during specified periods of time. According to Plaintiff, Quezada made certain assertions during discovery that the insured was instead a corporate entity named R&G Drywall and Plaster, Inc. Therefore, Plaintiff seeks leave to amend ...

Excerpt: ...y Santamaria, Christopher Bolan, Thomas Conrad, Efren Corral, Francis De La Victoria, Gabriel Ferreras, Christopher Gelvin, Christopher Glassford, Mario Granado, Ryan Kennedy, John Kielbasa, Jeremy Lapworth, Kurt Logan, David Neville, Luis Ojeda, Ernest Pagarigan, Enoch Park, Fidencio Pina, Javier Ramos, Karen Rayner, Gabriel Rebolledo, Luis Rodarte, Paul Siegel, Joel Trask, and Joseph McDowell (collectively, “Defendants”) move to continue tr...

Excerpt: ...y, LLC's (jointly, the “Park Parties”) alleged breach of a commercial lease agreement with Plaintiff and Cross-Defendant Sky High Investments Company, LLC (“Sky High”) (the “Lease Agreement”). In the Cross-Complaint, the Park Parties alleges that Sky High and Cross- Defendant Morad Ben Neman (“Neman”) (Sky High and Neman hereinafter to be referred to as the “Sky High Parties”) were responsible for violations of the building co...

Excerpt: ...ne 28, 2017 against Defendants Atkins and Atkins Services, Inc.[1](“AASI”), Kevin Atkins, and Susan Atkins (collectively, “Defendants”). The Complaint alleges wage and hour violations as well as a violation of Business and Professions Code section 17200. AASI brings this motion to compel further responses by Plaintiff to Special Interrogatories (Set One). However, as noted in Plaintiff's opposition, she has since served further responses ...

Excerpt: ...Gutierrez (collectively, “Defendants”) on September 6, 2017, alleging claims for, inter alia, discrimination, harassment, retaliation, failure to accommodate and failure to engage in the interactive process. The asserted bases for discrimination/harassment/retaliation claims are sex, disability, age and race. The County is Pierce's employer, employing him as a custodian supervisor at Rancho Los Amigos Hospital. Pierce has been deposed twice a...

Excerpt: ...12. Plaintiff filed the operative Third Amended Complaint (“SAC”) on October 28, 2016 against Defendants California Department of Mental Health (now Department of State Hospitals “DSH”), Pamela Ahlin (“Ahlin”), California Department of Corrections (“CDCR”), Scott Kernan (“Kernan”), Board of Parole Hearings (“BPH”), and Jennifer Shaffer (“Shaffer”) (collectively, “Defendants”). Plaintiff now moves for an award of at...

Excerpt: ...ently scheduled for November 7, 2018, and the discovery cut-off, motion cut-off, and related deadlines. Defendants request a continuance of 30 days from November 29, 2018, the date Defendants have reserved for their motion for summary judgment/adjudication. Plaintiff Eric Pierce (“Pierce”) opposes. Discussion “The court may grant a continuance only on an affirmative showing of good cause requiring the continuance.” (CRC 3.1332(c).) “In ...

Excerpt: ...iberty Company Insurance Brokers, Inc. (“The Liberty Company”), Julie Naines (“Naines”), Safeco Insurance Company of America (“Safeco”), Two Eleven Spalding Condominium Association (“Two Eleven Spalding”), and Bonnie Sugar (“Sugar”). The impetus of the lawsuit was a water incursion event in July 2014 and October 2015 at Plaintiffs' condominium that caused damage and property loss. Plaintiffs maintained homeowner's insurance po...

Excerpt: ...ely, “Plaintiff”) filed this action on June 13, 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 (“An...

Excerpt: ...an M. Dang (“Defendant”). However, the Court finds several deficiencies with Plaintiff's default judgment package, as follows: 1. The Declaration by Tiffany Jones in support of the request for default judgment is insufficient to support Plaintiff's claim for damages. First, Ms. Jones attests to being <0003004500580057000300 004c0052005100030052>f the declaration shows the plaintiff as Acapita Education Finance Corporation (“Acapita”). Fur...

Excerpt: ... section 3287, subdivision (a) or, in the alternative, subdivision (b). Defendant Mercedes-Benz USA, LLC (“Mercedes-Benz”) opposes. Following a jury trial, judgment was entered on May 1, 2018 in the amount of $19,767.85 as restitution for payments made by Plaintiff Arjang Fayaz (“Fayaz”) to lease the vehicle. (Greco Decl., Ex. A.) Fayaz was added as an indispensable party on February 8, 2018, after the close of evidence. (Greco Decl., ¶ ...

Excerpt: ...ned by Plaintiffs during their tenancy in a building owned by Defendant Woodburn Housing, LLC (“Woodburn”). The Complaint, filed November 10, 2016, asserts causes of action for negligent maintenance, nuisance, breach of the warranty of habitability, breach of the covenant of quiet enjoyment, negligent violation of statutory and legal duties, intentional violations of statutory and legal duties, and constructive eviction. On December 22, 2017,...

Excerpt: ...”) on July 11, 2017. On February 28, 2018, Ford served a Notice of Taking Deposition of Plaintiff and Requests for Documents on Adato (the “Document Request”). (Waldon Decl., ¶ 2.) Adato's deposition proceeded on March 23, 2018, where he testified that he had not reviewed the Document Request and had not carried out any search for responsive documents but that he probably did have certain documents within his possession or control. (Waldon...

Excerpt: ...l motion to strike the First Amended Complaint of Plaintiff Karys Dalsook Ma (“Plaintiff”). Defendants now move for an award of attorneys' fees and costs, as the prevailing defendants on an anti-SLAPP motion, in the amount of $36,298. Plaintiff opposes. Discussion The anti-SLAPP statute provides that “in any action subject to subdivision (b), a prevailing defendant on a special motion to strike shall be entitled to recover his or her attorn...

Excerpt: ...e Dina (jointly, the “Dinas”) initiated this action on March 12, 2015 against Defendants Joseph Safran (“Safran”), One Capital Group, Inc. (“One Capital”), Mashbir, LLC (“Mashbir”), and 708 Hampton, I, LLC (the “Dina Action”). On March 7, 2016, Joseph Safran (“Safran”) and One Capital Group, Inc. (“One Capital”) filed a complaint in Case No. BC 612973 against, inter alia, the Dinas (the “Safran Action”), which has ...

Excerpt: ...eting Partners, and Alan Harrington (collectively, “Movants”) move to enforce a forum selection clause contained in a Promissory Note and Security Agreement, dated January 12, 2011 (the “Loan Agreement”) between nonparty Global One Financial, a division of Synovus Bank (“Synovus”) and Plaintiff Ram Sales, Inc. (“Ram Sales”). The forum selection clause at issue indicates that jurisdiction for any disputes arising out of or in conne...

Excerpt: ...dants Rosalinda Garza-Wiesand ("Rosalinda") and Theodore Wiesand C 'Wiesand')_ By the complaint: Elba sought to quiet title in her name to certain real property, and to cancel deeds that Rosalinda and Wiesand had allegedly procured by fraud. Hector A. Garza: Jr. ("Hector") was appointed Elba's guardian ad litem on December 4: 2015. Rosalinda filed a cross-complaint against Elba: arnong others: also seeking to quiet title. One of the cross-defenda...

Excerpt: ...legal Expenditures of Public Funds on April 5, 2017 against Defendants GDL Best Contractors, Inc. (“GDL”), Francisco M. Lopez, Jose C. Lopez, and Benjamin Lopez (collectively, “GDL Defendants”). The operative First Amended Complaint (“FAC”) was filed on November 8, 2017. CTAN challenges a contract awarded by Real Party in Interest Montebello Unified School District (“MUSD”) to GDL on April 7, 2016 entitled “Exterior Environmenta...

Excerpt: ...��Plaintiff”) initiated this wrongful death action on December 30, 2016 against Defendants City of Los Angeles, Los Angeles Police Department, and Officer Charles Kumlander[1](“Kumlander”). On February 9, 2018, Kumlander served Form Interrogatories, Set One, and Requests for Production of Documents, Set One on Plaintiff. (Baker Decl., ¶ 2, Ex. 1.) On April 16, 2018, having received no responses, counsel for Kumlander sent a meet and confer...

Excerpt: ...entral, LLC (jointly, “Plaintiffs”) initiated the instant action on December 22, 2017 against Defendants County of Los Angeles (the “County”) and Board of Supervisors for the County of Los Angeles (jointly, “Defendants”). The Complaint asserts causes of action for promissory estoppel, promissory fraud, negligent misrepresentation, breach of contract, breach of implied‐in‐fact contract, breach of covenant of good faith and fair dea...

Excerpt: ...dants Catwalk to Sidewalk, Inc. (“CTS”) and Billy Kang (“Kang”) (jointly, “Defendants”) for wrongful termination, breach of contract, breach of implied contract, fraud and false imprisonment. Defendants now move for summary judgment, or in the alternative, summary adjudication as to all causes of action. Jang opposes. Evidence <0052005100560003004400 0056001d[ Declaration of Kyong Won Kang: Objection Nos. 1, 3, 4, 5, and 21 are overru...

Excerpt: ...B Global, Inc., Jack Liu, Sean Liu, Chundi Liu aka Chun Di Liu, and Jie Wang. Plaintiff has submitted a default judgment package seeking entry of default judgment against JDKY (USA), Inc., Sean Liu, and Jie Wang in the amount of $390,720.97. However, the Court notes a number of defects with the default judgment package. First, Plaintiff's name appears incorrect on the Request for Court Judgment (Form CIV-100), Item 1(b) and Item 4 is incomplete. ...

Excerpt: ...Farrelly aka Darius S. Farrelly (“Farrelly”). Plaintiff has submitted a default judgment package seeking entry of default judgment against Farrelly in the amount of $163,892.16, reflecting $150,291.64 demanded in the Complaint, $12,930.52 in prejudgment interest, and $670 in costs. The Court finds that Plaintiff has not sufficiently supported its request by the submitted declarations and evidence. For one, the Declaration of Brandon Deshler f...

Excerpt: ...intiffs Jason Trenton and Crystal Trenton (jointly, “Plaintiffs”) filed this action on May 13, 2016 against numerous defendants including L&T Construction, Inc. (“LT”). Plaintiffs seek damages arising from the construction of a residential home. Plaintiffs filed the operative Third Amended Complaint (“TAC”) on March 16, 2018. The TAC asserts causes of action for (1) breach of written contract, (2) fraud/deceit, (3) bad faith breach of...