Excerpt: ...Code §§ 12940, et seq.) 4. Violation of Cal. Family Rights Act (Gov. Code §§ 12945.2) 5. Wrongful Termination in Violation of Public Policy 6. Intentional Infliction of Emotional Distress Wyngate Nursing Center filed an Amended Cross Complaint against Plaintiff on August 09, 2021. On November 4, 2021, Defendant Wyngate's demurrer to Plaintiff's Complaint was SUSTAINED with leave to amend as to the first, second, third, and sixth causes of act...

Excerpt: ...ies for Defendant's alleged violations of the Labor and Government Code. On May 14, 2021, Plaintiffs and Defendant filed a Stipulation agreeing Plaintiffs' individual (non-PAGA) causes of action will be submitted to arbitration pursuant to an existing arbitration agreement between Plaintiffs and Defendant. Plaintiffs and Defendant further agreed that Plaintiff's PAGA causes of action, including Plaintiffs' individual PAGA claims, will not be subm...

Excerpt: ... Civil Code section 1793.2; 3. Violation of Subdivision (a)(3) of Civil Code section 1793.2; 4. Breach of Express Written Warranty (Civ. Code § 1791.2, Subd. (a); § 1794); 5. Breach of the Implied Warranty of Merchantability (Civ. Code § 1791.1; § 1794; § 1795.5); and 6. Fraud by Omission. On March 15, 2022 Plaintiffs filed a Notice of Settlement. Plaintiffs now move the Court for attorneys' fees. Legal Standard A prevailing buyer in an acti...

Excerpt: ... Retaliation in Violation of the FEHA 4. Failure to Prevent Discrimination, Harassment, or Retaliation in Violation of the FEHA 5. Whistleblower Retaliation (Labor Code § 1102.5) On March 12, 2022, Defendant Los Angeles Community College District (“District” or “Defendant”) filed a Demurrer with Motion to Strike Plaintiff's SAC. Plaintiff filed opposition papers on July 14, 2022. Defendant filed a Reply on July 20, 2022. Defendant Barry ...

Excerpt: ... Civil Code Section 1793.2 (4) Breach Of Express Written Warranty (Civ. Code, § 1791.2, Subd. (a); § 1794) (5) Breach Of the Implied Warranty Of Merchantability (Civ. Code, § 1791.1; § 1794; § 1795.5) (6) Fraudulent Inducement – Concealment (7) Negligent Repair On October 13, 2021, this Court granted Defendants' request for summary adjudication as to the Plaintiff's sixth cause of action for fraudulent inducement and claim for punitive dam...

Excerpt: ...iled Opposition Papers. Defendant filed a reply on July 19, 2022. Legal Standard The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.”¿ (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 843.) “Code of Civil Procedure section 437c, sub...

Excerpt: ...laims against Defendant County of Los Angeles (“County”) and allege assault, battery, and other claims against Individual Defendants Rafael “Rene” Munoz (“Munoz”), Gregory Rodriguez (“Rodriguez”), David Silverio (“Silverio”), and Michael Hernandez (“M.Hernandez”) (collectively “Individual Defendants”). On September 18, 2019 Plaintiffs filed a Complaint. The operative pleading is the Sixth Amended Complaint (“SAC”)....

Excerpt: ..., 2017, Plaintiffs Aimee Hernandez by and through her guardian ad litem Claudia C. Vasquez-Moran, Isabelle Hernandez by and through her guardian ad litem Claudia C. Vasquez-Moran, and Dora Moran de Vasquez (“Plaintiffs”) filed the instant action against Defendants Annette Green (“Green”), the City of Los Angeles (“City”), the County of Los Angeles (“County”), LAUSD, and Does 1 to 50. On September 4, 2018, the City filed a Cross-Co...

Excerpt: ...and California Family Rights Act, among other things. On August 24, 2021, Plaintiff filed the instant Motion to Compel Defendant's Further Responses to Form Interrogatories – General (Set One), Form Interrogatories – Employment Law (Set One), and Special Interrogatories (Set One). On May 12, 2022 and July 13, 2022 Defendant served further responses to the discovery at issue, except to Special Interrogatories Nos. 1, 3, 23-26, 46, 48, 74-77, a...

Excerpt: ...ch of Implied Warranty – Violation of the Song-Beverly Act On January 13, 2022, Plaintiff filed a Joint Notice of Settlement of Entire Case. On May 3, 2022, Defendant Mercedes-Benz USA, LLC filed a Motion to Tax Costs. On June 15, 2022, Plaintiff Sam Navid filed an opposition to Defendant's Motion to Tax Costs. On June 21, 2022, Defendant filed a reply to Plaintiff's opposition. On June 28, 2022, after hearing oral argument, the Court continued...

Excerpt: ...lleges the same causes of action as the Complaint. Defendant now demurs to the sixth cause of action and moves to strike Plaintiffs' claim for punitive damages. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006)...

Excerpt: ...anty Act by failing to repair the aforementioned defects, and failing to repurchase the Subject Vehicle. On July 20, 2020, Plaintiff initiated the present action by filing a Complaint against Defendant and Does 1 through 10. Plaintiff's Complaint alleges the following causes of action: (1) Violation of Song- Beverly Consumer Warranty Act—Breach of Express Warranty; (2) Violation of Song-Beverly Consumer Warranty Act—Breach of Implied Warranty...

Excerpt: ...Defendants.¿ Plaintiff's SAC 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;¿...

Excerpt: ...eges, in relevant part, that Defendant failed to pay Plaintiff the appropriate wages, not allowed to take rest breaks and uninterrupted meal periods. (Compl., ¶¶ 18-26.) In addition, Defendant discriminated against Plaintiff for his disability/medical condition following injuries sustained in a motor vehicle accident, and failed to accommodate Plaintiff for his disability/medical condition. (Compl., ¶¶ 27-34, 41-42.) Ultimately, Defendant wro...

Excerpt: ...ovide Reasonable Accommodations Pursuant to Government Code § 12940(m); (3) Failure to Engage in a Timely and Good Faith Interactive Process Pursuant to Government Code § 12940(n); (4) Retaliation Pursuant to Government Code §§ 12940(h) and 12940(m); (5) Failure to Prevent Discrimination and Retaliation Pursuant to Government Code § 12940(k); (6) Harassment in Violation of Government Code § 12940(h); (7) Failure to Pay Overtime Wages (Labor...

Excerpt: ... 4. FEHA Harassment: Work Environment Harassment; 5. FEHA Retaliation; 6. FEHA Failure to Prevent Harassment, Discrimination, or Retaliation; and 7. Wrongful Discharge in Violation of Public Policy. On June 1, 2022, Defendant PT OPCO, LLC dba Pink Taco (hereinafter, “Defendant”) filed the instant motion to compel arbitration. Plaintiff opposes. Legal Standard on Motion to Compel Arbitration California law incorporates many of the basic policy...

Excerpt: ...s Daniel Karayan (“Karayan”), Karayan Consulting Group (“KCG”), and Cedar Business Services, LLC (“CBS”). The Complaint alleges, inter alia, Plaintiff hired Karayan and his consulting business KCG as independent contractors, and Karayan was to perform 189 hours of work at a rate of $120/hour, totaling $22,680. Nevertheless, Plaintiff paid Karayan $57,162 based on invoices submitted through February 16, 2020, which was beyond the agree...

Excerpt: ...3. Unfair Business Practices (against State Farm and Does 1-10); and 4. Intentional Infliction of Emotional Distress (IIED) (against State Farm and Does 1-10). On January 18, 2022, Defendant Rex Heyer filed a Demurrer with Motion to Strike. On July 05, 2022, Plaintiff filed opposition papers. Defendant Heyer filed a Reply on July 11, 2022. On January 21, 2022, State Farm also filed a Demurrer with a Motion to Strike. Legal Standard on Demurrer A ...

Excerpt: ...l Termination in Violation of Public Policy; (3) Failure to Pay Wages (Cal. Labor Code §§ 201, 1194); (4) Failure to Pay Sick Days (Cal. Labor Code §§ 233, 246, 246.5); (5) Failure to Pay Minimum Wages (Cal. Labor Code §§ 1182.12, 1194, 1194.2, 1197); (6) Failure to Pay Overtime Compensation (Cal. Labor Code §§ 226.7, 512); (7) Failure to Provide Meal and Rest Periods (Cal. Labor Code §§ 226.7, 512); (8) Failure to Provide Itemized Wage...

Excerpt: ...ontract; 2. Breach of Oral Contract; and 3. Breach of the Implied Covenant of Good Faith and Fair Dealing. On May 10, 2022, Defendants demurred to the first, second, and third causes of action based on a failure to allege facts sufficient to constitute a cause of action. Specifically, Defendants argue there is no binding written or oral contract between the parties. Legal Standard on Demurrer A demurrer for sufficiency tests whether the complaint...

Excerpt: ...anted Trojan's motion for judgment on the pleadings without leave to amend. The Complaint was dismissed with prejudice. On October 6, 2020, PS Funding (hereinafter Cross-Complainant” or “PS Funding”) filed a Cross-Complaint against Trojan; Wilmington Trust, National Association, as Successor Trustee to Citibank, N.A. as Trustee to Lehman XS Trust Mortgage Pass-through Certificates, Series 2006-13 (“Wilmington”); Nationstar Mortgage LLC ...

Excerpt: ...scope of his employment, attended an employee party, where alcohol was being served, and which was hosted by Gralitzer's employers, Viacom, Inc. and Free 90 Media. While attending the employee party, Gralitzer drank alcohol and became severely intoxicated. Thereafter, Gralitzer chose to drive his vehicle home in an intoxicated state, and proceeded to collide with and kill a twenty-four year-old pedestrian, Noah Benardout (“Decedent”), and fur...

Excerpt: ...mpetition Law). On November 02, 2021, Plaintiffs filed a Second Amended Complaint (SAC) asserting: 1. Defamation: Libel Per Se (against Defendant Hinojosa) 2. Defamation: Slander (against Defendant Hinojosa) 3. Violation of Business and Professional Code: Unfair Competition Law (Plaintiff Robles against Defendant Hinojosa) 4. Negligence (Defendant PAAC) 5. Breach of Fiduciary Duty (Defendant PAAC and CCOPA) On December 02, 2021, Defendant PAAC fi...

Excerpt: ...ch of Express Written Contract; 2. Breach of Implied Contract; 3. Breach of 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. Violation of Cal. Labor Code §1198.5; 12. Fraudulent Inducement; 13. Intentional Infliction of Emoti...

Excerpt: .... Declaratory Relief 7. Constructive Trust On January 24, 2022, Defendants filed a demurrer without a motion to strike to Plaintiff's Complaint. On February 14, 2022, Defendant Swift Petrochemicals, Inc filed a Complaint for Unlawful Detainer against the Redeemed Christian Church. On May 16, 2022, the Court granted Plaintiff's motion to consolidate cases 21STCV35730 and 22CMUD00149, with this case (21STCV35730) as the lead case. On June 22, 2022,...