Excerpt: ...gainst Defendants Walgreen's Corporation (“Defendant”) and Sean Anderson (“Anderson”), a store employee, for (1) negligence; (2) negligent hiring/retention/supervision/training; (3) assault; and (4) battery. DISCUSSION If a party desires to obtain discovery by medical examination beyond that which is provided in CCP §2032.220, the party shall obtain leave of court. (CCP §2032.310(a)). The motion shall specify the time, place, manner, co...

Excerpt: ...ent and CFO of LAmade, respectively. Plaintiff Brittanie Newman (“Newman”) alleges that in April 2012, the parties entered into an agreement whereby Plaintiff was to work as an “Independent Sales Representative” for LAmade. Plaintiff alleges that Defendants failed to pay her contractually earned commissions pursuant to the agreement. In the second amended complaint (“TAC”), Plaintiffs assert causes of action for (1) breach of contract...

Excerpt: ...or production of documents, set one, No. 1-103, on the grounds that the requests are not compliant with the Code of Civil Procedure. The moving party on a motion to compel further responses to requests for production (“RFPs”) must submit “specific factsshowing good cause justifying the discovery sought by the i nspection demand.” (CCP § 2031.310(b)(1).) If the moving party hasshown good cause for the RFPs, the burden is on the objecting ...

Excerpt: ...d a website that was disparaging to Plaintiff and her business, Mazgani Social Services, Inc. (the “Business”). Plaintiff asserts causes of action for defamation per se and false light. In Alonzo's cross-complaint, Alonzo, in pro per, alleges that Mahvash, and other Cross- Defendants, battered and assaulted Alonzo because he was picketing the business and practices of the Business. In Neyaz Mazgani's (“Neyaz”) cross-complaint, Neyaz alleg...

Excerpt: ...gainst Defendants Band Pro Film and Digital, Inc. (“Band Pro”); Direct Video Warehouse, Inc. (“DVWI”); MaxPro Leasing, LLC (“MaxPro”); AKT Enterprises, LLC (“AKT”); Technijian, Inc. (“Technijian”); Brandon Brooks (“Brooks”); Greg Bisel (“Bisel”); and Amnon Band (“Band”). Plaintiffs are in the business of leasing and, at the end of the lease, purchasing film equipment, and providing such equipment to film and televi...

Excerpt: ...l at UCLA (“Hospital”), Philip Cogen M.D. (“Cogen”), the County of Los Angeles (“the County”), the Los Angeles Sheriff's Department (“Sheriff”), Leroy Baca (“Baca”), and Pfizer, Inc. (“Pfizer”). Plaintiff alleges that in or around September 2013 he was prescribed by Cogen a smoking cessation medication identified as CHANTIX (varenicline) which is distributed, advertised, and marketed by Pfizer. Plaintiff alleges on or arou...

Excerpt: ...STATED IN THE COMPLAINT BACKGROUND The complaint in this action was filed by Plaintiff H.P. Textile, Ltd. (“Plaintiff”) against Defendants Unique Textile, Inc. (“Unique Textile”), Angie Kang (“Angie”), and Martin Koo Kang (“Martin”) (together, “Defendants”) on March 21, 2018. The Complaint alleges three causes of action for: 1) Breach of Contract; 2) Common Count; and 3) Account Stated. Defendants Angie and Martin filed a demu...

Excerpt: ...retaliation; (3) failure to prevent discrimination and retaliation; and (4) declaratory judgment. Defendant filed this demurrer to the amended complaint on May 22, 2018. REQUEST FOR JUDICIAL NOTICE The Defendant's Request for Judicial Notice (“RJN”) is GRANTED. (Cal. Evid. Code §452, 453.) DISCUSSION A demurrer challenges only the legal sufficiency of the complaint, not the truth of its factual allegations or the plaintiff's ability to p...

Excerpt: ...ursuant to Civil Code §1794(d) and the Settlement Agreement (Devlin Exh. 10). However, in opposition the Defendant Volkswagen Group of America (“Defendant”) contends the fees are unreasonable, and $644.92 in costs should be taxed. “The verified time statements of the attorneys, as officers of the court, are entitled to credence in the absence of a clear indication the records are erroneous.” (Horsford v. Board Of Trustees Of California S...

Excerpt: ... verdict has been rendered, shall render judgment in favor of the aggrieved party notwithstanding the verdict whenever a motion for a directed verdict for the aggrieved party should have been granted had a previous motion been made.” (CCP § 629.) A motion for judgment notwithstanding the verdict (“JNOV”) has the same function as a motion for directed verdict. (Beavers v. Allstate Ins. Co.<00b6005600030053005200 00550044005100570003[a nonsu...

Excerpt: ...f Business and Professions Code §17200; (3) negligent hiring and retention; and (4) intentional infliction of emotional distress. DISCUSSION If a party that has propounded interrogatories believes that the responses received are evasive or incomplete, or that an objection to the interrogatories is without merit or too general, the propounding party may bring a motion to compel further responses to the interrogatories. (CCP § 2030.300; see also ...

Excerpt: ...rsuant to Civil Code §1794(d) and the Settlement Agreement (Exh 8 ¶2). However, in opposition the Defendant FCA US LLC (“Defendant”) contends that a multiplier is not warranted. “The verified time statements of the attorneys, as officers of the court, are entitled to credence in the absence of a clear indication the records are erroneous.” (Horsford v. Board Of Trustees Of California State University (2005) 132 Cal.App.4th 359, 396.) If...

Excerpt: ...ant to the terms of the settlement.” (CCP § 664.6.) Plaintiff Xiangdong Zhang (“Plaintiff”) seeks to enforce a settlement agreement against Defendant Jungong Zhao (“Defendant”). Pursuant to the settlement agreement, Defendant was to pay $1,000 per month until the debt of $33,000 was paid off starting in December 2017. (Exh. A.) Defendant did not pay in December 2017. Defendant's January 31, 2018 check for $2,000 was returned for insuff...

Excerpt: ...ises out of the alleged termination of Plaintiff Marvin Blanco (“Plaintiff”) by alleged employer Arctic Glacier U.S.A., Inc. (“Defendant”) Plaintiff propounded the first set of RFP's and Form Interrogatories in September, 2017. Defendant responded in November, 2017. (Friedland Decl. ¶ 2) Plaintiff attempted to meet and confer with Defendant regarding the adequacy of responses to form interrogatories and the production of documents on Dec...

Excerpt: ...chers USA, Inc. (“Skechers”) alleging (1) breach of contract; (2) account stated; and (3) open book account on March 14, 2018. Skechers filed a cross-complaint on April 12, 2018, alleging (1) breach of contract; (2) fraud; and requesting exemplary damages. Cross-Defendant then filed a demurrer on May 31, 2018 of Cross-Complainant Skechers' cross-complaint. The complaint and cross-complaint stem from a transaction between DisplayIT and Skecher...

Excerpt: ... and (4) fraud. DISCUSSION A demurrer challenges only the legal sufficiency of the complaint, not the truth of its factual allegations or the plaintiff's ability to prove those allegations. (Picton v. Anderson Union High Sch. Dist. (1996) 50 Cal. App. 4th 726, 732.) The court must treat as true all of the complaint's material factual allegations, but not contentions, deductions or conclusions of fact or law. (Id. at 732–33.) The complai...

Excerpt: ...lf of Trustifi Inc., a Canada Corporation (collectively, “Plaintiffs”). Plaintiffs are minority shareholders in Trustifi Canada. (Complaint ¶18.) Plaintiffs allege eight causes of action: (1) breach of fiduciary duty; (2) conversion; (3) unjust enrichment; (4) professional negligence; (5) breach of duty to minority shareholders; (6) fraud; (7) fraudulent transfer; and (8) declaratory relief. REQUEST FOR JUDICIAL NOTICE The Defendants request...

Excerpt: ...rofessions Code §17200; (3) negligent hiring and retention; and (4) intentional infliction of emotional distress. DISCUSSION If a party that has propounded interrogatories believes that the responses received are evasive or incomplete, or that an objection to the interrogatories is without merit or too general, the propounding party may bring a motion to compel further responses to the interrogatories. (CCP § 2030.300; see also Best Products, I...

Excerpt: ...ovember 30, 2017, Defendant/Cross-Complainant Ryan Ballinger (“Cross- Complainant”) filed a Cross-Complaint (“CC”) against Plaintiff/Cross-Defendant David Lyons and Cross-Defendants LB4LB, LLC (“Cross-Defendant”) and Roes 1-10 for (1) breach of contract; (2) breach of fiduciary duty; and (3) accounting. DISCUSSION A demurrer challenges only the legal sufficiency of the complaint, not the truth of its factual allegations or the plainti...

Excerpt: .... 216.1. If a party that has propounded interrogatories believes that the responses received are evasive or incomplete, or that an objection to the interrogatories is without merit or too general, the propounding party may bring a motion to compel further responses to the interrogatories. (CCP § 2030.300; see also Best Products, Inc. v. Superior Court (2004) 119 Cal.App.4th 1181, 1189-1190 [motion to compel proper to challenge “boilerplate” ...

Excerpt: ...ly Consumer Warranty Act. Plaintiff filed her complaint on October 3, 2017 regarding defects with her 2011 Volkswagen Routan (“the Vehicle”) including radio, steering wheel, rearview camera, transmission, powertrain control module, and brake malfunctioning that impair the use of the Vehicle. DISCUSSION The moving party on a motion to compel further responses to requests for production of documents (RFPs) must submit “specific facts showing ...

Excerpt: ...fraud. DISCUSSION A demurrer challenges only the legal sufficiency of the complaint, not the truth of its factual allegations or the plaintiff's ability to prove those allegations. (Picton v. Anderson Union High Sch. Dist. (1996) 50 Cal. App. 4th 726, 732.) The court must treat as true all of the complaint's material factual allegations, but not contentions, deductions or conclusions of fact or law. (Id. at 732–33.) The complaint is to ...

Excerpt: ...al Plaintiffs against eighteen Defendants related to a property located on East Pico Boulevard in Los Angeles. Plaintiffs allege claims arising out of the warranty of habitability, negligence, and various statutory violations. DISCUSSION Defendant MBN Real Estate Investments, LLC (“MBN”) moves to compel Plaintiffs to provide responses to written discovery. Given that there are seventy-five individual Plaintiffs in this action, the Court grant...

Excerpt: ...i Hsu alleged that Defendants were negligent in their representation of her, including in attempt to have her commit bankruptcy fraud. <0056005800b60056000300 000f00030049004c004f>ed a similar lawsuit against Defendants in LASC Case No. BC657976, in which Jenny Hsu alleges the same negligent representation in attempting to have Jenny Hsu commit bankruptcy fraud. In BC657976, Plaintiff asserts a claim of professional negligence against Defendants ...

Excerpt: ...h within UCLA's Department of Medicine. In 2009, Plaintiff was promoted to adjunct associate professor of medicine, and again in 2011 to adjunct professor, step 1. Plaintiff was responsible for securing funding for his compensation at UCLA through internal grants and extra-mural funding. Plaintiff alleges that once his Division Chief, Dr. Bevra Hahn, announced her retirement in 2012, the Chair of the Department of Medicine, Dr. Alan Fogelman, rej...