Excerpt: ... a five-year suspension. Despite Ortiz's suspension, he continues to engage in the unauthorized practice of the law. For this reason, the State Bar petitions this Court to assume jurisdiction over the law practice of Salvador Ortiz. On June 24, 2022, the State Bar applied ex parte for and was granted an interim order assuming jurisdiction over Ortiz's law practice. LEGAL STANDARD Business and Professions Code section 6180 provides: “When an att...

Excerpt: ...h alleges: 1) Violation of FEHA, unlawful discrimination on account of disability and medical condition, Govt. Code §§ 12955, et seq. 2) Violation of the Unruh Act 3) Breach of the Covenant of Quiet Enjoyment asserted against Defendant Frank Porrrata 4) Breach of the Warranty of Habitability (common law) asserted against Defendant Frank Porrata 5) Breach of the Warranty of Habitability (statutory) asserted against Defendant Frank Porrata 6) Ret...

Excerpt: ...) Fraudulent Inducement – Concealment; and 5) Fraudulent Inducement – Intentional Misrepresentation. On November 11, 2021, Defendant moved for summary adjudication of Plaintiff's second, third, fourth, and fifth causes of action. The Court granted summary adjudication as to the fourth and fifth causes of action and denied adjudication as to the second and third causes of action. (Min. Or. 02/07/22.) On January 20, 2022, this Court granted Pla...

Excerpt: ...ants.¿ Plaintiff's SACC alleges the following causes of action:¿ 1. Breach of Express Written Contract;¿ 2. Breach of Implied Contract;¿ 3. Breach of the Covenant of Good Faith and Fair Dealing;¿ 4. Wrongful Termination in Violation of Public Policy;¿ 5. Discrimination;¿ 6. Retaliation;¿ 7. Harassment;¿ 8. Violation of Cal. Labor Code §1101;¿ 9. Violation of Cal. Labor Code §1102;¿ 10. Violation of Cal. Labor Code §1102.5;¿ 11. Vio...

Excerpt: ...lment; and 5) Fraudulent Inducement – Intentional Misrepresentation. On November 11, 2021, Defendant moved for summary adjudication of Plaintiff's second, third, fourth, and fifth causes of action. The Court granted summary adjudication as to the fourth and fifth causes of action and denied adjudication as to the second and third cause of action. (Min. Or. 02/07/22.) Trial was set for May 09, 2022 but has been rescheduled for October 31, 2022. ...

Excerpt: ...e following causes of action: 1. Fraud; 2. Embezzlement; 3. Misappropriation of Trade Secrets (California Civil Code § 3426, et seq.); 4. Misappropriation of Trade Secrets; 5. Interference with Prospective Economic Advantage; 6. Intentional Interference with Contractual Relations; 7. Conversion; 8. Breach of Duty of Loyalty; 9. Violation of Business and Professions Code § 17200; 10. Injunctive Relief; 11. Loss Due to Dishonest or Willful Act of...

Excerpt: ...dants, alleging the following, single cause of action: (1) Violation of the Insurance Frauds Prevention Act (Ins. Code § 1871 et seq.). On May 10, 2022, Defendants filed a Special Motion to Strike Plaintiffs' Complaint (Code Civ. Proc. § 425.16). Defendants' Special Motion to Strike Plaintiffs' Complaint is now before the Court for consideration. On July 15, 2022, Plaintiff filed Opposition papers. On July 21, 2022, Defendants filed a Reply. Th...

Excerpt: .... Code §§ 342603426.11.) On April 18, 2022, Defendant Metropolitan Water District filed a demurrer to Plaintiff's FAC. On August 26, 2022, Plaintiff filed Opposition papers. Defendant filed a reply on September 01, 2022. Meet and Confer Before filing a demurrer, the demurring party is required to meet and confer with the party who filed the pleading demurred, in person or telephonically, to determine whether an agreement can be reached through ...

Excerpt: ... habitability, (2) breach of statutory warranty of habitability, (3) breach of the covenant of quiet enjoyment, (4) negligence, (5) violation of Civil Code section 1942.4, and (6) private nuisance against Defendant Las Aguilas Properties, LLC (“Aguilas”). On April 30, 2020, Defendants Management and Leasing Services (“MLS”), Juan Vargas (“JV”), Elvira Vargas (“EV”), and Irma Verduzco (“IV”) were substituted in for Does 1‐4, ...

Excerpt: ... alleges the following causes of action: 1) Fraud; 2) Embezzlement; 3) Misappropriation of Trade Secrets (California Civil Code § 3426, et seq.); 4) Misappropriation of Trade Secrets; 5) Interference with Prospective Economic Advantage; 6) Intentional Interference with Contractual Relations; 7) Conversion; 8) Breach of Duty of Loyalty; 9) Violation of Business and Professions Code § 17200; 10) Injunctive Relief; 11) Loss Due to Dishonest or Wil...

Excerpt: ...abitability, (2) breach of statutory warranty of habitability, (3) breach of the covenant of quiet enjoyment, (4) negligence, (5) violation of Civil Code section 1942.4, and (6) private nuisance against Defendant Las Aguilas Properties, LLC (“Aguilas”). On April 30, 2020, Defendants Management and Leasing Services (“MLS”), Juan Vargas (“JV”), Elvira Vargas (“EV”), and Irma Verduzco (“IV”) were substituted in for Does 1-4, resp...

Excerpt: ...on May 25, 2022. Defendant filed Opposition papers on August 23, 2022. No Reply has been filed. Legal Standard Before filing a demurrer, the demurring party is required to meet and confer with the party who filed the pleading demurred, in person or telephonically, to determine whether an agreement can be reached through a filing of an amended pleading that would resolve the objections to be raised in the demurrer. (Code Civ. Proc. (CCP) § 430.41...

Excerpt: ...t Employees Insurance Company; Geico General Insurance Company; Dawn M. Grant Insurance Services, Inc; FCA US LLC (f/k/a Chrysler Group, LLC); and Does 1 to 100. The Complaint asserts causes of action for: 1. Strict Products Liability; 2. Negligence; 3. Breach of Contract; 4. Breach of the Implied Covenant of Good Faith and Fair Dealing; 5. Declaratory Relief; 6. Negligent Infliction of Emotional Distress; 7. Violation of California Unfair Compet...

Excerpt: ...stress; 7) Breach of Contract; 8) Breach of the Covenant of Quiet Enjoyment; 9) Breach of Covenant of Good Faith and Fair Dealing; 10) Fraud/Deceit/Intentional Misrepresentation of Fact; 11) Negligent Misrepresentation; and 12) Violation of Civil Code § 1950 The Complaint alleges, inter alia, that on March 9, 2019, Plaintiff rented an apartment unit from PAC located at 12142 Burbank Blvd., Valley Village CA 91607. Soon after moving in, Plaintiff...

Excerpt: ...etic Club); (2) Negligence (Gov. Code §§ 815.2 and 820) (against the City of Los Angeles and Los Angeles Police Department); and (3) Negligent Supervision, Hiring, or Retention (against the City of Los Angeles and Los Angeles Police Department). On August 10, 2022, Plaintiff filed a Motion seeking Leave to File a First Amended Complaint. Defendant City of Los Angeles filed an Opposition on August 24, 2022. Plaintiff filed a Reply on August 30, ...

Excerpt: ...y was dismissed as a party on July 08, 2022. On July 08, 2022, Respondent David Sergenian filed an Opposition to the Motion. Another opposition by Sergenian was filed on August 19, 2022; presumably in response to Petitioner filing a Memorandum of Points and Authorities in Support of Petition on August 05, 2022. Respondents Pierce, Sergenian filed an opposition on July 15, 2022. No Reply has been filed. Legal Standard California Code of Civil Proc...

Excerpt: ...st 17, 2022. Plaintiff filed a Reply on August 25, 2022. Legal Standard Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action.¿(Code of Civ. Proc., § 2025.010.)¿A properly served deposition notice is effective to require a party or party-affiliated deponent to attend and to testify, as well as to produce documents for inspection and copying.¿(Code of Civ. Proc.,...

Excerpt: ...ific Gardens Medical Center, LLC, (“Pacific Gardens”), Pacifica of the Valley Corporation d/b/a PHV Pacifica Hospital of the Valley (“Pacifica Hospital”), and Does 1 to 100, inclusive (collectively, the “Defendants”). The FAC asserts two causes of action against the Defendants for (1) penalties pursuant to Labor Code, Section 2699(a), and (2) penalties pursuant to Labor Code, Section 2699(f). On February 24, 2022, Defendant Aya Health...

Excerpt: ...an Opposition. Meet and Confer Requirement Before filing a demurrer, the demurring party is required to meet and confer with the party who filed the pleading demurred, in person or telephonically, to determine whether an agreement can be reached through a filing of an amended pleading that would resolve the objections to be raised in the demurrer. (Code Civ. Proc. (CCP) § 430.41.)¿¿ Defense counsel attests that on or around June 17, 2022, he a...

Excerpt: ... 04, 2021, a Notice of Settlement was filed. On February 10, 2022, an Order of Dismissal was filed. On June 13, 2022, Plaintiff filed a Motion to Set Aside and Vacate the Dismissal and Leave to Defend the Action. Defendants filed an Opposition on July 13, 2022. No Reply has been filed. Legal Standard California Code of Civil Procedure section 473 subdivision (b) provides for both discretionary and mandatory relief. (See Pagnini v. Union Bank, N.A...

Excerpt: ...o Continue Trial and Stay Discovery. On August 16, 2022, Plaintiff filed Opposition papers. Defendant filed a Reply on August 22, 2022. Legal Standard “To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm.” (Cal. Rules of Court (CRC) 3.1332(a).) “Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits.¿The court may grant a continuance only on a...

Excerpt: ...tiff's FAC was sustained on June 23, 2020 because another related PAGA action was pending (LASC Case No. BC690901). (Min. 06/23/20.) This case was stayed pending resolution of LASC Case No. BC690901. (Id.) On August 05, 2022, Defendant moved for a limited lifting of the stay to compel individual arbitration and dismissal of the representative PAGA Claim. Plaintiff filed opposition papers on August 18, 2022. Defendant filed a Reply on August 22, 2...

Excerpt: ... 6) Failure to Timely Provide Pay Records Upon Request (Labor Code § 226(c)) 7) Failure to Timely Provide Personnel Records Upon Request (Labor Code § 1198.5)) On April 20, 2022, Defendant filed a demurrer to Plaintiff's Complaint without a motion to strike. Plaintiff filed Opposition papers on August 15, 2022. Defendant filed a Reply on August 17, 2022. Meet and Confer Requirement Before filing a demurrer, the demurring party is required to me...

Excerpt: ...rty, identify and facilitate the abatement of substandard conditions present within the subject property, conduct scheduled inspections of the subject property, verify compliance with state health and safety and building codes, and enforce code violations present within the subject property. On August 22, 2018, Plaintiff initiated the present action by filing a Complaint. On February 19, 2019, Plaintiff filed a First Amended Complaint. On April 1...

Excerpt: ...Civil Code $ 1790 et seq. - Breach of Express Warranty 3) Violation of the Song-Beverly Consumer Warranty Act - Failure to Promptly Repurchase; 4) Violation of the Song-Beverly Consumer Warranty Act - Failure to Provide Buy-HerePay-Here Warranty 5) Violation of the Song-Beverly Consumer Warranty Act, Civil Code $ 1790 et seq.- Breach of Implied Warranty of Merchantability 6) Violation of the Rosenthal Fair Debt Collection Practices Act, Civil Cod...