Excerpt: ...ram for Employees (2007) 157 Cal.App. 4th 1056, 1061; Bufil v. Dollar Financial Group, Inc. (2008) 162 Cal.App.4th 1193, 120.) A motion for judgment on the pleadings involves the same type of procedures that apply to a general demurrer. (Burnett v. Chimney Sweep (2004) 123 Cal. App. 4th 1057, 1064.) In considering a motion for judgment on the pleadings, courts consider whether properly pled factual allegations, assumed to be true and liberally co...

Excerpt: ...Noah's makes two arguments that the lien should not be quashed: (1) Value Meats was a party to the action and (2) no claim of exemption was timely filed. Even if there has been an assignment for the benefit of creditors, a judgment creditor may seek collection of the judgment from any assets not part of the assignment of the judgment debtor. (Lacy v. Gunn (1904) 144 Cal. 511, 518.) The original complaint was filed in the name of Value Meats. The ...

Excerpt: ...ntiff Anthony Kling and his attorney David Knieriem, jointly and severally, in the amount of $3520 Plaintiff requests the replies be stricken as they were not sent to the address of record for him. The replies were properly sent to the address of record of co-counsel, and plaintiff received the replies. The request is denied. Meet and Confer Defendant sent a meet and confer letter. Plaintiff did not respond. Defendant properly requested an IDC, w...

Excerpt: ...s that a purchaser of a product that does not live up to the buyer's expectations can only recover in contract and not tort, “unless [the purchaser] can demonstrate harm above and beyond a broken contractual promise.” (Food Safety Net Services v. Eco Safe Systems USA, Inc. (2012) 209 Cal.App.4th 1118, 1130 (quoting Robinson Helicopter Company, Inc. v. Dana Corporation (2004) 34 Cal.4th 979, 988).) A tort claim for fraud must be sufficiently i...

Excerpt: ...de complaints of unsafe conditions throughout his employment, that some complaints were acted upon and with others plaintiff received pushback for making the complaint, that plaintiff made two complaints and was terminated within two months. Summary adjudication is DENIED as to issues 2, 4 and 6 as there are triable issues of fact as to whether plaintiff can establish pretext, including whether plaintiff did obtain NDA's for the pictures he sent ...

Excerpt: ...complaint against Defendants A. Cecilie Boysen (“Boysen”), Soren N. Madsen (“Madsen”), Robert Vartzar (“Vartzar”), Adena Asatoorian (“Asatoorian”), and Does 1 through 20 for (1) declaratory relief; (2) quiet title; (3) equitable lien; (4) restitution; and (5) trespass. On October 15, 2018, Defendants Boysen and Madsen (collectively “Defendants”) filed a special motion to strike the complaint. On November 27, 2018, the Court gr...

Excerpt: ... Resolutions, Agendas, Minutes, email correspondence, notice of approval, letter, building permits and other permits/applications, Los Angeles County Assessor's Map, <0015000f00030016000f00 00030015001c000f0003[30, 31, 32, 33, 34, 35, 36, 44, 45, <001c000f0003001a001300 000f0003001a0016000f[ and 74.) Defendant's evidentiary objections to the declaration of Plaintiff Anne Cecilie Boysen are overruled as to ¶¶4, 6, 7, 8, and 13, and sustained as ...

Excerpt: ...tween: Bronzelink Holdings Limited (Claimant) and STM Atlantic N.V., Emil Youssefzadeh, Umar Javed, and Global-IP Cayman (Respondents)) (the “Arbitration”), which is currently proceeding before the Hong Kong International Arbitration Centre. Defendant's request for judicial notice is granted. However, the Court will not take judicial notice of the truth of the matters asserted within the complaints and motion. (D-RJN, Exhibits 1, 2, and 4.) C...

Excerpt: .... “If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena...

Excerpt: ...nsurance companies. The complaint alleges causes of action in: (1) Insurance Code section 1871.7; and (2) violation of Business & Professions Code section 17200. Defendant Dr. James Hamada was ordered to provide further responses to written discovery on November 19, 2019. No responses have been received. He was also ordered to pay sanctions and has not paid. Plaintiffs are seeking the following issue and evidence sanctions: 1. Hamada conspired wi...

Excerpt: ... well as any and all reasons that her employment ended and all documents that relate to any action taken as a result of any complaints or concerns about plaintiff or any action or conduct by plaintiff. Defendant redacted the names and contact information of the tenants or prospective tenants making the complaints, which apparently was at least part of the reason given for plaintiff's termination. Plaintiff is seeking unredacted copies of tenant c...

Excerpt: ...e of the complaint or from a matter of which the court may take judicial notice.” (Richardson-Tunnell v. School Ins. Program for Employees (2007) 157 Cal.App. 4th 1056, 1061; Bufil v. Dollar Financial Group, Inc. (2008) 162 Cal.App.4th 1193, 120.) A motion for judgment on the pleadings involves the same type of procedures that apply to a general demurrer. (Burnett v. Chimney Sweep (2004) 123 Cal. App. 4th 1057, 1064.) In considering a motion fo...

Excerpt: ...nted by an attorney, that there was examination of witnesses under oath, and that plaintiff did not appeal by filing for a writ of mandate, which collaterally estops her from bringing this action. Plaintiff's response to the motion does not conform to the requirements of Rules of Court, rule 1.1350. The court is inclined to address the motion on the merits, as the failure to comply with the rules does not significantly impact the ability to deter...

Excerpt: ... the code section, only employer liability. In 2013 the Legislature amended §1102.5 to add “or any person acting on behalf of the employer” wherever “employer” appeared in the section. At the same time, Labor Code §1103 stated that an employer or person acting on behalf of an employer was guilty of a misdemeanor for violating the chapter. However, Labor Code §1104 states that the employer is responsible for the acts of its manager, off...

Excerpt: ...ce is not compulsory when a party furnishes the Court with insufficient information in support of the request. (Leibert v. Transworld Systems, Inc. (1995) 32 Cal.App.4th 1693, 1700.) Defendants request judicial notice of uncertified, unauthenticated copies of documents. The request for judicial notice is denied. First Cause of Action for Violation of Civil Code §2923.5 This cause of action alleges plaintiff received no notification from defendan...

Excerpt: ... visually impaired. Defendants object on the grounds that the person most knowledgeable is a resident of the United Kingdom, and must be given notice there and the deposition must take place there. “A witness, including a witness specified in subdivision (b) of Section 1987, is not obliged to attend as a witness before any court, judge, justice or any other officer, unless the <0003019a015d0175011e00 015d0110011e0358035fL (Code Civ. Proc., § 1...

Excerpt: .... Proc., § 405.30) A real property claim is one in which, if meritorious, would affect the title to, or the right of possession of, specific real property. (Code Civ. Proc., § 405.4.) Evidence or declarations may be filed with the motion to expunge the notice. (Code Civ. Proc., § 405.30.) In proceedings under this chapter, the court shall order that the notice be expunged if the court finds that the claimant has not established by a prepondera...

Excerpt: ...aintiff seeks only the forms, to establish a reporting pattern by ING in 2010 for purposes of punitive damages. The issue of third-party privacy was resolved by the redaction of all identifying information from the forms. Defendant objects on the grounds production would be burdensome. Defendant has submitted evidence that it would take more than one week of employee time and two to three weeks of attorney time to compile and redact the forms. As...

Excerpt: ...evelop factual grounds justifying a timely amendment to a pleading, leave to amend must be liberally granted.” (Mabie <00b3003e002c0040005700 004f0048005900440051[t that new legal theories are introduced as long as the proposed amendments 'relate to the same general set of facts….”'” (Atkinson v. Elk Corp. (2003) 109 Cal. App. 4th 739, 761.) "[I]f an amendment is appropriate the trial Court should continue the trial if necessary, ...

Excerpt: ...m June 20, 2016 to the present. Demand No. 58: “Please produce any and all EMAILS which refer, relate, or in any way pertain to Plaintiff from June 1, 2016 through the date that YOU respond to this demand. This includes not only EMAILS to and from Plaintiff, but also EMAILS between any of YOUR employees and/or agents wherein Plaintiff is discussed or mentioned. Defendant objected on grounds that the requests were overbroad, vague and ambiguous ...

Excerpt: ...bility Retaliation, Fourth Cause Of Action For Violation Of CFRA, Fifth Cause of Action for Failure to Engage in the Interactive Process, Sixth Cause of Action for Failure to Accommodate, Seventh Cause of Action for Age Harassment, Eighth Cause of Action for Age Discrimination and Ninth Cause of Action for Age Retaliation Defendants argue that these causes of action are not pleaded with sufficient specificity, as required for a FEHA claim. In ple...

Excerpt: ...nly mandated to keep full records for six years. Laches requires an unreasonable delay and prejudice to the defending party. (In re Marriage of Powers (1990) 218 Cal. App. 3d 626, 642.) It is generally a question of fact. (Highland Sprins Conference & Training Center v. City of Banning (2016) 244 Cal.App.4th 267, 282.) FINRA argues that its rule 2080 sets out the criteria for expungement, and because of the lack of records from the time of the co...

Excerpt: ...claration of Sergio Miralda filed on July 3, 2017 is DENIED. “The court will take judicial notice of records such as admissions, answers to interrogatories, affidavits, and the like, when considering a demurrer, only where they contain statements of the plaintiff or his agent which are inconsistent with the allegations of the pleading before the court.” (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604-05.) “The ...

Excerpt: ...ding court action arising out of the same transaction or series of related transactions, in which there is a possibility of conflicting rulings on a common issue of law or fact. (Molecular Analytical Systems v. Ciphergen Biosystems, Inc. (2010) 186 Cal.App.4th 696, 704-705; Birl v. Heritage Care, LLC (2009) 172 Cal. App. 4th 1313, 1318; Best Interiors, Inc. v. <004b000300140016001500 000c> In applying Code of Civil Procedure §1281.2(c), judges m...

Excerpt: ...rotective order. As the moving party, Defendant bears the burden to show good cause for the protective order sought. (Emerson Elec. Co. v Sup. Ct. (1997) 16 Cal.4th 1101, 1110.) General Motors has not established good cause for the protective order it seeks. The declaration of Huizhen Lu addresses only categories of documents which may be requested, and some of which may contain confidential information and/or trade secrets. This is not sufficien...