Excerpt: ...otice is GRANTED. The court takes judicial notice of the opposition to motion for new trial filed in this case on April 28, 2021. Evid. Code §452(d). Discussion Any party to an action in which it is alleged that two or more parties are joint tortfeasors, or co-obligors on a contract debt, is entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or ...

Excerpt: ...ading is the Second Amended Complaint (“SAC”). Plaintiff filed suit alleging, among other things, claims for breach of fiduciary duty relating to Defendant the November First Partner – Ship (“NFP”) management of the Company. The Company owns the real property located at 357 South Broadway in Los Angeles (the “Property”). (SAC, ¶ 17.) Defendants Scott D. Schwartz and Patricia K. Schwartz (collectively the “Moving Parties”) are t...

Excerpt: ... third- party Los Angeles County Sheriff's Department to comply with the deposition subpoena for the production of records served November 10, 2020. Defendant Hathaway-Sycamores argues the records that it seeks are relevant to the case because the criminal investigation bears directly on the incident outlined in the Plaintiffs' complaint. (Motion at pg. 5.) These records are the type that can be disclosed under Government Code § 6250, and in its...

Excerpt: ... petition “must be verified by the petitioner and must contain a full disclosure of all information that has any bearing upon the reasonableness of the compromise.” (See Cal. Rules of Court, rule 7.950.) Rule 7.950 states that the Petition must be filed on Judicial Council Form MC-350 and must be fully completed. Petitions The three petitions filed herein are properly filed on the Judicial Council forms and are verified. The petitions show th...

Excerpt: ...”). The arbitration award issued on November 2, 2020 requires Respondents to pay a total of $105,271.28 to Petitioner. On February 8, 2021, Petitioner filed a petition to confirm arbitration award. On March 4, 2021, Petitioner filed a notice of motion and motion granting petition to confirm arbitration award. No opposition has been filed. Discussion “Regardless of the particular relief granted, any arbitrator's award is enforceable only when ...

Excerpt: ... (5) intentional infliction of emotional distress, and (6) unfair business practices. Plaintiff's Complaint stems from her employment with Defendant from April 1999 to when she was allegedly unlawfully terminated in September 2017. On February 5, 2021, the Court noted that jury fees were never posted. The Court then ordered the matter to proceed as a bench trial. On February 8, 2021, Plaintiff posted jury fees in the amount of $150. On March 3, 2...

Excerpt: ...ndants Paragon Relocation Resources, Inc. and Paragon Global Resources, Inc. for (1) breach of contract, (2) conversion, and (3) unjust enrichment. Plaintiff alleges it seeks monetary damages for Defendants' failure to pay under a written agreement between the parties. Defendants filed a cross-complaint on April 9, 2021, alleging causes of action for (1) breach of contract, (2) breach of oral contract, (3) breach of the implied covenant of good f...

Excerpt: ...ave to amend the complaint to add allegations about other products. The motion to strike punitive damages allegations is DENIED. (3) United Fabricare's Demurrer is OVERRULED. (4) United Fabricare's Motion to Strike is GRANTED IN PART, without prejudice to plaintiff's ability to seek leave to amend the complaint to add allegations about other products. The motion to strike punitive damages allegations is DENIED. (5) Occidental Chemical Corporation...

Excerpt: ... any of the responsive documents or information, defendant shall simultaneously serve a privilege log with the document production that, at a minimum, identifies each document for which a privilege or privacy right is claimed, its author, recipients, date of preparation, and the specific privilege or privacy right claimed. Discussion As a preliminary matter, the Court denies any request to order further responses not noticed in the underlying mot...

Excerpt: ...int”) against defendant Universal Protection Service, LP (“Defendant”). (RJN, Ex. F.) On March 5, 2021, Plaintiff served Defendant with Set Two Requests for Production of Documents and Special Interrogatories. (Decl. of Lauren Bakke Kalfsbeek, (“Kalfsbeek Decl.”), Ex. B.) Defendant alleges that through these requests, Plaintiff seeks volumes of employee data and documents for tens of thousands of individuals for the period of March 27, ...

Excerpt: ...ely $150,000 before he was apprehended in December 2018. Defendant AmGuard Insurance Company (“Defendant”) insured Plaintiff, and upon receiving an insurance claim relating to Kim's conduct, Defendant paid Plaintiff $10,000 which it claimed represented the policy limit demand for a single occurrence under its insurance policy (the “Policy”). Plaintiff sought to recover the $150,000 in losses under the Policy. On February 4, 2020 Plaintiff...

Excerpt: ...e entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff . . . and one or more alleged tortfeasors or co-obligors . . . .” “A determination by the court that the settlement was made in good faith shall bar any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor or co-obligor for equitable comparative contribution, or partial or comparative indemnity, based on...

Excerpt: ...cast talent in the news/sports industry. In or about 2013, Petitioner obtained a talent agency license pursuant to the Talent Agencies Act, Cal. Lab. Code, section 1700, et seq. Respondent was (and remains) an on-air talent in the broadcast news industry. In 2003, Respondent and Petitioner began working together at which time Respondent indisputably executed a written representation agreement (the “Representation Agreement”). (Petition, Exh. ...

Excerpt: ...ode Civ. Proc.”), section 473(b), a party and/or attorney may seek mandatory or discretionary relief from an entry of default, default judgment, and/or dismissal that was entered against the party due to mistake, inadvertence, surprise, or neglect (whether excusable or inexcusable) on the part of the party or the party's attorney of record. To move for relief under Code Civ. Proc., section 473(b), the party or attorney must submit a sworn affid...

Excerpt: ...al, the employer must post an undertaking in the form of a bond or a cash deposit. (Labor Code § 98.2(b).) “[F]iling of the notice of appeal vests jurisdiction in the superior court to conduct the trial de novo.” Palagin v. Paniagua Constr., Inc. (2013) 222 Cal. App. 4th 124, 132. Under the Bond and Undertaking Law, various types of deposits, including a cashier's check, may be made without prior court approval “[e]xcept ... to the extent ...

Excerpt: ...Plaintiff filed the Motion for a New Trial. Objections to Evidence Defendant's objections 2 and 3 are SUSTAINED. Objection 1 is OVERRULED. Standard Grounds for new trial include: 1) Irregularity in the proceedings of the Court, jury or adverse party, or any order of the court or abuse of discretion by which either party was prevented from having a fair trial. 2) Jury misconduct 3) Accident or surprise, which ordinary prudence could not have guard...

Excerpt: ... in this action were residents the previously noted apartment complex located at 14715 & 14719 Chadron Avenue, Gardena, CA 90249 (the “Property”). Initially, the 53 individual Plaintiffs in this action filed two prior underlying cases that were consolidated into one (the “Underlying Action”) and were brought against Turnstone and other parties, including the owners of the Property. Again, those claims arose out of underlying allegations o...

Excerpt: ...ed the arbitration award, and ordered Plaintiff's complaint to be dismissed with prejudice (“Order”). On December 24, 2020, Plaintiff filed a motion to vacate the Order. Though the motion was properly served on Defendant, the motion is unopposed. As of March 8, 2020, the stay is no longer in effect. Plaintiff moves to vacate the Order on the following grounds: (1) Plaintiff was fraudulently prevented from asserting her claim. For example, evi...

Excerpt: ... to strike all references of emotional distress is denied. Demurrer A demurrer tests the legal sufficiency of the factual allegations in a complaint. City of Los Angeles v City of Los Angeles Employee Relations Bd. (2016) 7 Cal.App.5th 150, 158; Linda Vista Village San Diego Homeowners Ass'n, Inc. v Tecolote Investors, LLC (2015) 234 Cal.App.4th 166, 179. The function of a demurrer is not to test the truth or accuracy of the facts alleged in the ...

Excerpt: ...thin the state of California only, is GRANTED. The motion to compel production of documents in categories 6, 9, 10, 11, 12, 13, and 19 limited to information regarding vehicles of the same make, model, and year of the subject vehicle only and within the state of California only, is GRANTED. Defendant's PMK shall attend deposition and produce the requested documents within 45 days. The deposition notice identifies the following categories: 1. All ...

Excerpt: ...ED. Plaintiff's Evidentiary Objections to the Declaration of Patrick J. Raue Objections 1-13 are SUSTAINED. Defendant's Evidentiary Objections Declaration of Aaina Duggal Objection 1 is SUSTAINED. Declaration of Payam Shahian Objections 25 – 37 are SUSTAINED. Objections 1 – 24, and 38-39 are OVERRULED. Discussion This is a lemon law action arising out of Plaintiff Michele Williams's (“Plaintiff”) purchase of a 2012 Kia Optima (the “Vehi...

Excerpt: ...ainer agreement dated May 3, 2019; (2) Nelson Mullins' billing statement dated October 20, 2020 addressed to CCN; (3) printout of New York State Registered Attorney's online website showing the State Bar Number, contact and employment information for Plaintiff indicating that he is currently employed by Fisher Broyles; and (4) Fisher Broyles's retainer agreement with CNN dated November 12, 2019. All requests for judicial notice are DENIED. Demurr...

Excerpt: ...(“Chase”). Plaintiff alleges that she was discriminated against and eventually her employment was terminated because of her degenerative back injuries and complaints about age discrimination she made. Defendants Lorena Barajas-Gomez erroneously sued herein as Lorena Barajas (“Barajas-Gomez”), and Elizabeth Carrillo (“Carillo”) were bank managers at the branch Plaintiff worked at. On November 3, 2020, Plaintiff filed her complaint agai...

Excerpt: ...ed its duty to him by not honoring his $50,000 benefits owed to him under Policy No. 911294128 (the “Policy”) after he was injured in a motor vehicle accident with an uninsured third party driver. More specifically, Plaintiff alleges that Defendant refused to honor to insurance contract by refusing to evaluate his claim, make a reasonable offer, and submit to arbitration. On October 3, 2019, Plaintiff filed his initial complaint. On March 25,...

Excerpt: ...alleges that “[o]n or about March 21, 2019, July 19, 2019, August 16, 2019, and November 14, 2019, Defendant KIA OF CARSON and/or DOES 51 through 60 breached its duty to Plaintiffs to use ordinary care and skill by failing to properly store, prepare and repair the Vehicle in accordance with industry standards.” (FAC ¶ 343.) Defendant also contends Plaintiffs' claim for negligent repair is barred under the economic loss rule. However, Plainti...