Excerpt: ...fendant filed this opposed demurrer and application to stay, arguing that the doctrine of “exclusive concurrent jurisdiction” applies because of another action filed against defendant in December 2017. Defendant's counsel submitted a compliant meet and confer declaration. Sorsher Decl. ¶¶ 2-3. The Court considered the moving, opposition, and reply papers and rules as follows. Request for Judicial Notice Defendant's request for judicial noti...

Excerpt: ....'lce in this State by way ofuTitten application upon due notice to all interested parties, as well as serace on the State Bar m San Francisco payment of a SSO_OO fee, so long as that attorney E not a resident of CalifomÄ does not work in California and does not perform regular or substantial business, professional or other achvihes in the State. The uritten application must provide the following information: (I) applicant attomey's residence an...

Excerpt: ...ermination in violation of public policy; (8) declaratory judgment; (9) failure to pay wages; (10) failure to pay minimum wages; (11) failure to pay overtime wages; (12) failure to provide meal and rest breaks; (13) failure to provide itemized wage statements; (14) waiting time penalties; and (15) failure to permit inspection of personnel and payroll record. On December 13, 2017, default was entered against defendants. Plaintiff now seeks default...

Excerpt: ...s. On November 14, 2017, plaintiff filed a complaint for fraudulent transfer. <0003004700480049004800 5100470044005100570011> Plaintiff now seeks default judgment against defendant in the principal amount of $70,715.50 plus costs for a total judgment of $71,401.50. Procedural Requirements <0003004700480049004800 00310052000300530048>nding motion to vacate default appears in the record. The default judgment packet includes a dismissal of Does 1 th...

Excerpt: ... whereby defendant would make various payments as child support. In July 1997, in consideration for plaintiff giving up her right to petition a court to amend the Written Agreement, the parties entered into a verbal agreement (Verbal Agreement) whereby defendant would, among other things, bequeath a home to Luigi and “leave something of significant value” to plaintiff upon defendant's death. The Verbal Agreement was amended in October 2006, b...

Excerpt: ...s claimed. Civic Western Corporation v. Zila Industries, Inc. (1977) 66 Cal.App.3d 1, 16. “Except as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties[.]” CCP § 1021. “It is well established that the determination of what constitutes reasonable attorney fees is committed to the discretion of the trial...

Excerpt: ...s collectively as Aurora or the Hospital.) Plaintiffs allege that they are members of a putative class of about 1,247 current and former nonexempt registered nurses, licensed vocational nurses, licensed psychiatric technicians, and mental health workers at defendants' psychiatric hospitals, who from August 6, 2005 to the present, were not provided overtime, meal and rest periods, waiting time penalties, or accurate itemized wage statements. 4/24/...

Excerpt: ...est, costs, and attorneys' fees for a total judgment of $30,913.99. Procedural Requirements <0048004900480051004700 00030053004800510047>ing motion to vacate default appears in the record. The default judgment packet includes a request for dismissal of Does 1 through 5 and a proposed form of judgment on the appropriate Judicial Council forms. Plaintiff's counsel signed a declaration of nonmilitary status. The complaint prays for an amount lower t...

Excerpt: ...44,000 cash out. On December 21, 2016, at Vartan and UniCitizens' office, plaintiffs were given a large number of papers, given no opportunity to read them, and coerced by Vartan to sign them immediately. Shortly after they executed the purported loan documents and unsuccessfully requested copies, plaintiffs discovered that the loan was actually for $90,000 not to refinance their first deed of trust, and that Adenheim was to receive $37,000 from ...

Excerpt: ..., (2) retaliation under Labor Code section 1102.5, (3) gender discrimination under FEHA, (4) violation of the California Fair Pay Act, (5) failure to engage in interactive process under FEHA, (6) failure to provide reasonable accommodation for disability under FEHA, (7) violation of the California Family Rights Act, and (8) wrongful termination in violation of public policy. On March 19, 2018, defendant filed these opposed motions for protective ...

Excerpt: ...). Complaint ¶ 13. Joel and Alma Govea own Amigo's Building Materials & Hardware, Inc. (Amigo's), a property immediately north of the Apartment Building, located at 6410 South Broadway (the Amigo Property). Id. at ¶¶ 16-17. Plaintiff alleges that the Amigo Property was formerly an oil and gas facility that released hazardous chemicals into the ground and that those chemicals have migrated under the Apartment Building. Id. at ¶ 17. On Septembe...

Excerpt: ...17, plaintiff dismissed the defamation cause of action and defendants Braun and Binder. On April 23, 2018, plaintiff filed this unopposed motion to for leave to file a first amended complaint. The Court considered the moving papers and rules as follows. Procedural Requirements A motion to amend a pleading before trial must (1) include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate it from pr...

Excerpt: ...ide accurate wage statements, (7) UCL violations, (8) reimbursement of business expenses, (9) unlawful deductions from wages, (10) conversion of gratuities, and (11) failure to pay all wages at time of discharge. Although defendants filed an answer on May 16, 2017, on April 10, 2018, the Court struck the answer and entered default against defendants. Plaintiffs now seek default judgment against defendants in the principal amount of $151,685.00, p...

Excerpt: ... – waiting time penalties, (6) failure to provide accurate wage statements, (7) UCL violations, (8) reimbursement of business expenses, (9) unlawful deductions from wages, (10) conversion of gratuities, and (11) failure to pay all wages at time of discharge. Although defendants filed an answer on May 16, 2017, on April 10, 2018, the Court struck the answer and entered default against defendants. Plaintiffs now seek default judgment against defe...

Excerpt: ... service indicates that counsel served all the documents on both the client and defendant via its counsel. Counsel served the client by mail at his last known address and represented that he has been unable to confirm that the address is current; counsel represents that he has made multiple attempts to contact plaintiff via phone and letter and that plaintiff's wife and emergency contact have been unable to locate or contact him. Therefore, servi...

Excerpt: ...rovide reasonable accommodation, (3) failure to engage in the interactive process, (4) failure to take all reasonable steps to prevent discrimination, (5) wrongful termination in violation of public policies, (6) failure to pay overtime compensation, (7) failure to provide off-duty meal periods, (8) failure to authorize and permit rest periods, and (9) waiting time penalties. On April 13, 2018, plaintiff filed this unopposed motion to change venu...

Excerpt: ...) violation of Labor Code sections 201 and 203, (7) failure to keep accurate records, (8) violation of Labor Code section 1198.5, (9) UCL violations, (10) violation of Government Code section 12940(a) – associational discrimination based on physical disability, (11) violation of Government Code section 12945.2 et seq., (12) failure to prevent discrimination and/or retaliation, (13) failure to engage in the interactive process, (14) unlawful ret...

Excerpt: ...e where High School and College students design and build remote controlled robots to face-off in competition.” Id. at ¶ 38. LAUSD entered a robot into the event that was transported, shipped, and made available to plaintiff for his use in the competition. Id. at ¶ 18. Plaintiff's coach and teacher, Punjatorn Chanudomchuck, failed to appear at the event. Ibid. During the event but between sessions of operation, the robot began to discharge sm...

Excerpt: ...nds that could be used for children's education. On 03/25/2011, Plaintiff issued a check for $40,000 to defendant whereby defendant promised to set-up educational funds for the plaintiff's two children, Nathan Alegria and Miriam Alegria. The funds were to stay under the ownership of the parent, Elinore S. Alegria. A copy of cancelled check with a note on check – “FBO Nate & Mia Alegria” (for the benefit of) is annexed as Exhibit A. Plaintif...

Excerpt: ....A. Ibid. The DOT's beneficiary was Mortgage Electronic Registration Systems, Inc. (MERS). Ibid. On December 30, 2009, and May 16, 2011, MERS recorded a Corporation Assignment Deed of Trust, transferring all beneficial interest to defendant Bank of New York Mellon f/k/a the Bank of New York, as Trustee for the Certificateholders of CWALT, Inc. Alternative Loan Trust <00480055004c0048005600 0003000b002500320031[Y). Id. at ¶ 12. Sometime thereafte...

Excerpt: ...operable windows and household appliances, deteriorated walls and ceilings, faulty pipes and electrical wiring, unsanitary flooring, unsafe common areas, and inadequate security. On August 1, 2013, plaintiffs commenced the first of two cases (Deolarte) in this action. On July 15, 2015, plaintiffs commenced the second (Aguilar). On August 12, 2015, Department 74 of the Court (Judge Sanchez-Gordon) deemed the two cases related. On August 3, 2016, D...

Excerpt: ...h of implied contract, (3) breach of the implied covenant of good faith and fair dealing, (4) violation of Labor Code sections 201 and 203, and (5) unfair competition. Following a two-phase court trial, on April 17, 2018, the Court granted judgment in favor of plaintiffs in the sum of $88,594.65. On April 24, 2018, plaintiffs filed this opposed motion to recover a total of $519,746.40 in fees and costs. The Court considered the moving, opposition...

Excerpt: ...omplaint asserting 14 causes of action. On August 8, 2017, Ayala filed a cross-complaint, and on October 5, 2017, the operative first amended cross- complaint, for (1) intentional infliction of emotional distress, (2) breach of contract, (3) nuisance, (4) conspiracy to defraud, (5) slander, and (6) vandalism. On April 13, 2018, cross-defendant Stagnitta (hereinafter cross-defendant) filed this unopposed demurrer for insufficient facts. Cross-defe...

Excerpt: ...s. The Court intends to order the deposition to occur as noticed on May 16, 2018, unless counsel suggest another more convenient (and reasonably prompt) date at the hearing. Moving party to give notice. ...

Excerpt: ... Court (Judge Kalin) sustained Hoag and Nanci's demurrers without leave. On December 18, 2017, defendants filed and served a notice of ruling. On January 18, 2018, the Court (Judge Kalin) entered a formal order and judgment of dismissal in defendants' favor. On January 30, 2018, the Court denied plaintiff's motion for a new trial. On February 28, 2018, the Court denied plaintiff's motion to accept late-filed evidence. On March 12, 2018, the Court...

Excerpt: ...tric began. Defendants allegedly failed to install an operable solar power system and one that will pass inspection. On October 2, 2014, plaintiff filed a complaint and on April 22, 2016, the operative first amended complaint for (1) breach of contract (against Santillan and General Electric), (2) breach of contact (against Washington and Genesis), and (3) fraud (against all four defendants). On May 23, 2016, Washington and Genesis, both represen...

Excerpt: ...information that this occurred. Defendant to give notice. *** Defendant Sunset Equity Partners, LLC et al.'s motion to compel verified responses to requests for later acquired documents is GRANTED. CCP 2031.300(b). Verified responses are ordered by the discovery cutoff, as requested. Defendant to give notice. *** Defendant Sunset Equity Partners, LLC et al.'s motion to compel verified responses to requests for later acquired interrogatories is GR...

Excerpt: ...ntiff suffered a stroke, leaving him with permanent weakness on his left side and lymphedema in both legs. From October 6, 2015, to September 30, 2016, plaintiff depended on defendant for all medical care and treatment and protection from health and safety hazards. On July 26, 2016, plaintiff was recertified for care by defendant. He was 90-percent wheelchair-bound. From August through mid-late September, defendant's nurse noted a toe wound. On S...

Excerpt: ...t, and on February 20, 2018, the operative first amended complaint, for (1) involuntary dissolution of Coastal LB Associates, LLC; (2) involuntary dissolution of Clary Associates, LLC; (3) involuntary dissolution of Obispo Associates, LLC; and (4) partition. On January 2, 2018, Department 1 of the Court ruled that this case was not related to an ongoing probate matter (16STPB00645). On March 22, 2018, defendants (other than Arlene Cheng) filed th...

Excerpt: ...o, Sr., trustor of the Guerrero Family Trust. Plaintiff Christopher Corrales, a grandson of Henry R. Guerrero, Sr., is the successor trustee of the Trust. The remaining plaintiffs are beneficiaries of the Trust. The factual background as alleged in the complaint is generally as follows: Henry Sr. created the Trust in 2004 primarily to allow his children and grandchildren reside at a house located on Opal Street in Los Angeles (the Opal Street Res...

Excerpt: ...ng, the demanding party waives any right to compel a further response to the demand." The Court of Appeal has held that "the time within which to make a motion to compel production of documents is mandatory and jurisdictional" just as it is for interrogatories. Sexton v. Superior Court, 58 Cal.App.4th 1403, 1410 (1997) (issuing writ of mandate ordering trial court to deny untimely motion to compel further responses). Here, the respons...

Excerpt: ...s pertaining to two real property loans (one originating with Center Street and the other with the Kwiats) was forged without his knowledge. The documents are, two each, a promissory note, written guaranty, and deed of trust. Plaintiff also alleges that he received no funds or other consideration in connection with the documents. Procedural History On September 19, 2017, plaintiff filed a complaint for (1) cancellation of promissory note, (2) can...

Excerpt: ...ember 29, 2017, default was entered against defendants. Plaintiff now seeks default judgment against defendants in the principal amount of $484,135.93 plus interests and costs for a total judgment of $553,318.23. Procedural Requirements On November 29, 2017, default was entered against defendants. No pending motion to vacate default appears in the record. The default judgment packet includes a request for dismissal of Does 1 through 50 on the app...

Excerpt: ...counsel. On March 27, 2018, plaintiff dismissed Drew with prejudice. <0056004800470003005000 00030047004c00560054[ualify Loeb and moved to seal certain documents filed with the disqualification motion. Motion to Seal Greenfield moves to seal certain un-redacted versions of documents it filed as Exhibits A, B, C, D, E, G, H, I, J, O, and P in support of its disqualification motion. Kandeel does not actually oppose the motion to seal. Instead, he a...

Excerpt: ...y papers and rules as follows. The parties should avoid revealing bank account numbers in their filings. CRC, rule 1.201(a)(2). Motion to Quash Standard When a subpoena requires the attendance of a witness or the production of books, documents 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 the party, the witness, or any consumer described in Code of ...

Excerpt: ...lth issued notices, orders, and citations against defendants for, inter alia, dysfunctional plumbing, dampness, and insect and vermin infestations. On October 12, 2016, plaintiffs filed a complaint for (1) violation of Civil Code section 1942.4, (2) tortuous breach of the warranty of habitability, (3) private nuisance, (4) violation of Business and Professions Code section 17200, and (5) negligence. On March 29, 2018, plaintiffs filed a notice of...

Excerpt: ...et‐and‐confer process; and a premature filing of this motion before a date when further responses from plaintiff were <0102016f016f01c7000301 0003011a0102019a011e>), with an extension to file this motion provided by plaintiff. Defendants' April 5, 2018 motion states the following account of the meet‐and‐confer process, which is critically incomplete: “Plaintiff's Counsel responded in a letter dated March 13, 2018 promising supplemental ...

Excerpt: ...n June 13, 2017, plaintiff filed a complaint asserting 14 causes of action. On November 1, 2017, Advanced filed a demurrer to the sixth cause of action for IIED and a motion to strike the prayer for punitive damages and related allegations. On January 11, 2018, this Court (Judge Kalin) sustained the demurrer, granted the motion to strike, and allowed plaintiff to file an amended complaint. On February 1, 2018, plaintiff filed the operative first ...

Excerpt: ...ealth issued notices, orders, and citations against defendants for, inter alia, dysfunctional plumbing, dampness, and insect and vermin infestations. On October 12, 2016, plaintiffs filed a complaint for (1) violation of Civil Code section 1942.4, (2) tortuous breach of the warranty of habitability, (3) private nuisance, (4) violation of Business and Professions Code section 17200, and (5) negligence. On March 29, 2018, plaintiffs filed a notice ...

Excerpt: ...the purchase and sever her joint tenancy ownership interest after the purchase was completed. Defendant reiterated her agreement, but no formal steps were taken. On January 3, 2016, husband died. In April 2016, plaintiff requested defendant execute appropriate documents to sever the joint tenancy but defendant refused. Plaintiff and her husband paid the mortgage, insurance premiums, and property taxes. There is no allegation of a particular damag...

Excerpt: ...just enrichment, (8) quantum meruit, (9) negligent misrepresentations, and (10) declaratory relief. On March 19, 2018, Beats and Apple (collectively, Beats) filed this unopposed anti-SLAPP motion. The Court considered the moving and reply papers, and rules as follows. (The reply correctly states that the motion is unopposed. Around the time it completed work on the tentative ruling, the Court received a late-filed “objection” by plaintiff, fi...

Excerpt: ...ssness, loss of sleep, nightmares, and stress,” along with an increase in physical ailments during her employment. On March 23, 2018, plaintiff filed this opposed motion to quash four subpoenas duces tecum issued to her health care providers. Motion to Quash Standard When a subpoena requires the attendance of a witness or the production of books, documents or other things before a court, or at the trial of an issue therein, or at the taking of ...

Excerpt: ...nt services such as installation of a solar power system, re-roofing of garage, sewer installation, and construction of guest house. The services were to be financed with loans through the PACE and HERO program with Renovate America and YGrene Energy. Plaintiffs allege that Best Solar and its employees made misrepresentations about funding for the services, performed services without a license, and related claims. On October 30, 2017, plaintiffs ...

Excerpt: ...LLC (“Ridec”), Advanced Funding Solutions, Inc. (“AFS”), and FCI Lender Services Inc. (“FCI”). According to the allegations, defendants fraudulently induced Plaintiffs into a predatory loan, knowing that Plaintiffs would not be able to afford the monthly payments of $5,031.99. In the verified First Amended Complaint, Plaintiffs allege eight causes of action against all defendants for: 1) Finanical Elder Abuse, 2) Constructive Fraud; 3...

Excerpt: ..., and Grochowiak failed to sell the watch by the date certain but refused to return the watch to Kaplan, instead purportedly selling the watch to Wong for an unknown sum. Grochowiak also failed to return other watches and accessories that Kaplan had entrusted to him. On September 27, 2016, Kaplan filed a complaint, and on February 14, 2017, the operative first amended complaint for two counts of conversion, two counts of replevin, two counts of f...

Excerpt: ...l Code section 71, which prohibits lease terms in excess of 99 years. On January 25, 2018, plaintiff filed a complaint for (1) declaratory relief and cancellation of written instrument, (2) declaratory relief and cancellation of written instrument, and (3) quiet title. On March 27, 2018, defendant filed this opposed demurrer for insufficient facts. Defendant's counsel filed a compliant meet and confer declaration. CCP § 430.41; Murphy Decl. ¶ 2...

Excerpt: ...ed behavioral issues in school including struggling to follow classroom rules, getting along with peers, regulating his emotions, and handling authority figures. Plaintiff's teacher and parent reported plaintiff's behavioral issues. By January 2014, plaintiff had received 14 days' suspension instead of accommodations or behavioral support. Instead of officially suspending plaintiff, school staff routinely called plaintiff's mother, averaging four...

Excerpt: ...ms. Plaintiffs allege that on August 1, 2011, the parties entered into a music management agreement. Plaintiffs were to receive 50 percent of Perlman's commissions. Plaintiffs promoted Sabrina, obtained a record deal, and secured her a television role. On August 6, 2014, plaintiffs' services were terminated without cause. The same day, the parties entered into a termination and release agreement. Defendants were to pay plaintiffs commissions on t...

Excerpt: ... records that were used to support the filing of false insurance claims to Allstate. On October 28, 2013, Allstate filed a complaint asserting a sole cause of action for unfair competition. On June 10, 2014, the Court (Judge Duffy-Lewis) entered an order of dismissal after sustaining defendants' demurrer without leave. The Court of Appeal reversed. On April 8, 2016, Allstatefiled the operative first amended complaint also asserting a sole cause o...

Excerpt: ...equirements. The notice of motion and motion, declarations, and proposed order are on the appropriate Judicial Council forms and addressed to the client. CRC, rule 3.1362(a), (c), (e). The attached proofs of service state that counsel served all the documents on the client via U.S. mail and personally, and on defendants via U.S. mail. Counsel's declaration states that counsel personally served the client. Therefore, service was proper. CRC, rule ...