Excerpt: ...r. Pederson provided an expert witness deposition on 12/3/2019, and thus is owed $2,475.00 for 5.5 hours of work. Plaintiffs contend that Mr. Pederson has submitted multiple requests for payment. In support, Plaintiffs cite to CCP section 2034.450 which provides: (a) The party taking the deposition of an expert witness shall either accompany the service of the deposition notice with a tender of the expert's fee based on the anticipated length of ...

Excerpt: ...iolation of civil code § 8800; and 4) foreclosure of mechanic lien. On November 17, 2017, Cross-Complainants the Daniels filed a Cross- Complaint. On January 26, 2018, Cross-Complainants filed a First Amended Cross- Complaint against ATI, Clinton Monfort, Jehovany Berraza, TBG Construction Company, Tiara Imperial Homeowners Association, U.S.A.A. Insurance, and Mercury Insurance Group, alleging: (1) negligence (as to Clinton Barnwell Monfort); (2...

Excerpt: ...atory relief and damages. Now, Defendant moves for terminating sanctions. The motion is unopposed. Legal Standard Under Code of Civil Procedure section 2023.030, the court is empowered to impose monetary, issue, evidence, or terminating sanctions for misuse of the discovery process, which includes, but is not limited to, the following: (a) Persisting, over objection and without substantial justification, in an attempt to obtain information or mat...

Excerpt: ...e of action. However, the Court will provide Plaintiffs an opportunity in oral argument to explain the discrepancy identified by the Court as to the $102,206.80 calculation. If Plaintiffs' explanation is adequate, the Court will likely grant Plaintiff's motion for summary adjudication of the first cause of action. On 2/19/2019, Plaintiff Shoe1Tec Trading Co., LTD filed suit against Crossover Culture, Inc. and Ryan A. Duke. On 5/13/2019, Plaintiff...

Excerpt: ...is action against Defendant corporations and manufacturers of toxic products. Plaintiff alleges that, during his employment with Cambro Manufacturing Company, he was exposed to toxic and fibro genic chemicals, which led to the development of Pulmonary Fibrosis and will require a bilateral lung transplant. The operative First Amended Complaint (FAC) was filed on 5/10/17 and asserts claims for 1) negligence; 2) strict liability—failure to warn; 3...

Excerpt: ... was granted as to Defendant Antiaging Institute of California On 8/13/2019, this Court entered a judgment in favor of Adonis Kish and against Defendant Antiaging Institute of California for a sum total of $666,945.40. Now, Plaintiff moves for an order amending the judgment to add Shoreh Ershadi as a judgment debtor, jointly and severally, with Antiaging Institute of California. Discussion Plaintiff argues that Defendant Ershadi is the alter ego ...

Excerpt: ...endant Tiner's motion to strike is DENIED, WITHOUT PREJUDICE. On 8/10/2020, Plaintiff Christopher K. Tiner filed suit against Defendants Premiere Plastic Surgery, Inc., Bentley & More LLP, and Nicholas Tucker. On 10/22/2020, Plaintiff filed a first amended complaint (FAC) alleging: (1) breach of written contract; (2) conversion; (3) constructive trust; (4) common count; money had and received; (5) common count; and (6) declaratory relief. On 12/4...

Excerpt: ...second amended complaint (SAC) against Mercury Casualty Company (Mercury), Sunny Hills Associates, Inc., Alliance Environmental Group, Patriot Environmental Services, and Delta Commerce Corporation, alleging: (1) breach of contract; and (2) breach of the covenant of good faith and fair dealing; and (3) negligent misrepresentation. Now, Mercury moves for summary judgment, or, in the alternative, summary adjudication of Plaintiffs' claims. Legal St...

Excerpt: ...Araceli Canales, and Nataly Herrera (collectively, Defendants), alleging: (1) intentional misrepresentation—fraud; (2) breach of fiduciary duty; (3) negligence; (4) breach of contract; (5) breach of covenant of good faith and fair dealing; (6) conspiracy to commit fraud; and (7) declaratory relief. Now, Defendants demur to Plaintiff's first and sixth causes of action. Legal Standard A demurrer for sufficiency tests whether the complaint states ...

Excerpt: ...bas-Larki and Mahan Abbasi (collectively, Plaintiffs) filed suit against BMW of North America, LLC (BMW NA), alleging: (1) breach of contract/express warranty; (2) breach of implied warranties; (3) negligence; (4) violation of statute/restitution; and (5) misrepresentation/fraud. On January 23, 2019, the parties signed a settlement agreement. (Motion, Exh. 14.) A condition of the settlement agreement was that once BMW NA had completed its two rou...

Excerpt: ... (Plaintiff) initiated this action. On 1/15/2021, Plaintiff filed a second amended complaint (SAC) against California Fair Plan Association, Miguel Mora, and John S. Rickerby & Associates alleging: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) intentional misrepresentation; (4) negligent misrepresentation; (5) constructive fraud; (6) unfair trade practices; (7) declaratory relief; (8) breach of fid...

Excerpt: ...C) against Joe's Pizza on Sunset, Inc. and Joe's Pizza on Sunset, LLC, alleging: (1) failure to pay minimum wages and overtime wages; (2) failure to provide rest periods and meal periods; (3) failure to pay wages due at time of termination; (4) failure to pay wages due at time of termination; (4) failure to reimburse for business expenses; and (5) unfair business practices. Now, Defendant Joe's Pizza on Sunset, LLC (Defendant) moves to strike Pla...

Excerpt: ...alleging violations of California Labor Code section 2698, et seq. Now, Plaintiff moves to approve the PAGA settlement agreement. The motion is unopposed. Legal Standard A superior court must review and approve any penalties sought as part of a proposed¿settlement¿agreement pursuant to § 2699. (Lab. Code § 2699(l).) A prevailing employee is entitled to an award of reasonable attorney fees and costs incurred in the action. (Lab. Code § 2699(g...

Excerpt: ...ley Medical Center, LP (collectively, Defendants), alleging: (1) unlawful termination in violation of Labor Code section 1102.5; and (2) wrongful termination in violation of public policy. Now, Defendants move to compel Plaintiff to arbitrate this controversy. Legal Standard Where the Court has determined that an agreement to arbitrate a controversy exists, the Court shall order the petitioner and the respondent to arbitrate the controversy …un...

Excerpt: ...ligations. On 1/5/2020, the parties reached a settlement. Now, Plaintiff moves for $13,957.41 in attorneys fees and $757.41 in costs. Legal Standard The party claiming attorneys' fees must establish entitlement to such fees and the reasonableness of the fees 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 compen...

Excerpt: ...llectively, Defendants) alleging: (1) breach of contract; (2) fraud-in-inducement; (3) intentional misrepresentation; (4) negligent misrepresentation; (5) restitution; and (6) unfair business practices. On 7/1/2020, the Court granted Defendants' motion to compel arbitration. Now, Plaintiffs moves to lift the stay on the grounds that Defendants failed to timely pay fees and costs associated with arbitration. Discussion Plaintiff submitted evidence...

Excerpt: ...(FAC) alleging: (1) disability discrimination; (2) failure to engage in the interactive process; (3) failure to reasonably accommodate; (4) violation of the CFRA; (5) disability harassment; (6) retaliation in violation of the FEHA; (7) failure to prevent discrimination retaliation and harassment; and (8) defamation. Now, Defendants move for a judgment on the pleadings. Legal Standard A motion for judgment on the pleadings has the same function as...

Excerpt: ...ts' motions to strike are granted as to the request for attorney fees, with 20 days leave to amend. Defendants' motions to strike Plaintiff's prayer for punitive damages are denied. On 7/28/2020, Plaintiff Michelle Herrera filed suit against New Leaf Property Management (New Leaf) and Focus Property Service, Inc., alleging: (1) nuisance; (2) negligence; (3) breach of warranty of habitability; (4) breach of the lease agreement; (5) premises liabil...

Excerpt: ...efendant moves for summary judgment of Plaintiff's Complaint. Legal Standard Code of Civil Procedure section 437c, subdivision (a) provides that a “party may move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding.” The motion shall be granted if there is no triable issue as to any material fact and the moving party is entitled to judgment as...

Excerpt: ...ical battery; and (3) fraud. Now, Plaintiff moves for leave to amend to add a prayer for punitive damages on her medical battery cause of action. Legal Standard Code of Civil Procedure section 473, subdivision (a)(1) provides that “[t]he court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name...

Excerpt: ...ifornia Fair Employment and Housing Act (FEHA). Now, Plaintiff moves for discovery of additional peace officer personnel records. This is Plaintiff's fourth Pitchess motion request. Legal Standard A motion to discover a law enforcement officer's personnel file or other police agency record that contains relevant information is called a Pitchess motion. (Pitchess v. Superior Court (1974) 11 Cal.3d 531, 536-540.) The Pitchess motion has been partly...

Excerpt: ...20, Plaintiff Jung Suk Lee (Plaintiff) filed suit against Wako Donkasu, Inc. and Wako Donkasu II, Inc, alleging: (1) failure to pay overtime; (2) failure to pay for rest periods not provided; (3) failure to pay for meal periods not provided; (4) failure to pay minimum wage; (5) unfair competition; (6) money had and received; (7) accounting; (8) conversion; and (9) theft in violation of Penal Code section 496. On 1/6/2021, Cross-Complainant Wako D...

Excerpt: ...he Martel Trust (Defendant). On 1/8/2021, Plaintiffs filed a first amended complaint (FAC) alleging: (1) declaratory action as to property interest; (2) specific performance; (3) violation of the laws of FEHA; (4) breach of contract; (5) breach of implied covenant of good faith and fair dealing; and (6) quiet title. Defendant now demurs to Plaintiffs' FAC. Defendant also moves to strike portions of Plaintiffs' FAC. Legal Standard A demurrer for s...

Excerpt: ..., alleging: (1) breach of contract; (2) fraud; (3) breach of the covenant of good faith and fair dealing; (4) concealment/fraud in the inducement; (5) violation of Labor Code sections 201, 208; and (6) an accounting. On 1/19/2021, the Court granted in part, denied in part, and found mooted in part, Defendants' motion for a protective order. Now, Defendants move again for a protective order, arguing that Plaintiff's reissued discovery violates the...

Excerpt: ...itial demurrer. Defendants' demurrer is OVERRULED in part, SUSTAINED in part: -Defendants' demurrer is overruled as to the first, second, third, and eighth causes of action. -Defendants' demurrer is sustained, with 20 days leave to amend, as to the fourth, fifth, sixth, and seventh causes of action. On 12/14/2020, Plaintiff Johnny Wilkes (Plaintiff) filed suit against the LA Clippers, LLC and Jerry West (collectively, Defendants). On 5/21/2021, P...

Excerpt: ...civil conspiracy; (4) negligence; (5) constructive trust; and (6) breach of covenant of good faith and fair dealing. Now, Defendants move for a judgment on the pleadings. Legal Standard A motion for judgment on the pleadings has the same function as a general demurrer but is made after the time for demurrer has expired. Except as provided by Code of Civil Procedure section 438, the rules governing demurrers apply. Thus, a motion by defendant can ...

Excerpt: ... Parker, alleging breach of contract and declaratory judgment. On 5/10/2021, this Court related this case with 19STCV12595. Now, Plaintiff moves for a joint phase-one trial. Discussion Plaintiff seeks to streamline this action and 19STCV12595 by consolidating discovery and the phase-one bench trial in both actions. Plaintiff argues that consolidation is appropriate given that the facts supporting the treatment of Dr. Clark Parker as Golden Day Sc...

Excerpt: ...ve for summary judgment, Plaintiff argues that he is “[e]ntitled to summary judgment on the third causes [sic] of action.” Accordingly, Plaintiff's motion is, in fact, a motion for summary adjudication. The Court treats it as such. Now, Plaintiff moves for summary adjudication of the third cause of action. Legal Standard Code of Civil Procedure section 437c, subdivision (a) provides that a “party may move for summary judgment in any action ...

Excerpt: ...lleging: 1-2) fraudulent transfer; 3-4) fraud; 5) conspiracy to commit fraud; and 6) declaratory relief. Now, Defendants move to recover attorneys fees and costs as the prevailing party. Legal Standard The party claiming attorneys' fees must establish entitlement to such fees and the reasonableness of the fees claimed. (Civic Western Corporation v. Zila Industries, Inc. (1977) 66 Cal.App.3d 1, 16.) “Except as attorney's fees are specifically pr...

Excerpt: ...tory relief and damages. Now, Defendant moves for terminating sanctions. The motion is unopposed. Legal Standard Under Code of Civil Procedure section 2023.030, the court is empowered to impose monetary, issue, evidence, or terminating sanctions for misuse of the discovery process, which includes, but is not limited to, the following: (a) Persisting, over objection and without substantial justification, in an attempt to obtain information or mate...

Excerpt: ...iated this action. On 8/12/2020, Plaintiffs substituted Natalia Ascenio for Doe 1. Now, Plaintiff moves for a preliminary injunction. Legal Standard CCP section 527(a) requires a motion for a preliminary injunction to establish with facts in affidavits or in a verified complaint that there are grounds to issue a preliminary injunction. ¿Declarations may be used under section 2015.5 because they are equivalent to an affidavit. The plaintiff has t...

Excerpt: ...alicious prosecution. Two demurrers were filed by Defendant in this action, one to the TAC and another to a non-existent fourth amended complaint (4AC). Defendant filed a notice of errata acknowledging this error, and renamed the 4AC demurrer to a demurrer to the TAC. However, it remains unclear why Defendant filed two separate demurrers to the same cause of action, and why Defendant would have renamed the 4AC demurrer rather than withdraw it. Gi...

Excerpt: ...oves to compel the deposition of I. Donald Weissman (Mr. Weissman). Factual Background This action arises out of a default judgment entered in an earlier case (Underlying Action) initiated by Alvaro Cortes against Jeremy LeClair. Service of the Summons and Complaint in that action was effected through service by publication. Plaintiff, who was residing in North Carolina at the time that the Underlying Action was initiated, contends that service b...

Excerpt: ...6, LLC, alleging: (1) strict products liability; (2) breach of warranty; (3) breach of duty to provide adequate warnings; (4) negligence; (5) premises liability; (6) negligence; and (7) negligent infliction of emotional distress. Now, Walgreens and P&L Development, LLC (collectively, Defendants) move for summary judgment of the five causes of action asserted against them in Plaintiffs' Complaint. Legal Standard Code of Civil Procedure section 437...

Excerpt: ...nd it has been determined whether or not the wiped phone's text messages are recoverable, Defendant may refile a motion for issue/evidentiary/monetary sanctions. On 6/9/2017, Plaintiff Andrew Nunemacher (Plaintiff) filed suit against Dwayne Michael Carter Jr aka Lil Wayne (Carter), Young Money Entertainment, Vivendi SA aka Universal Music Group, SBE Entertainment Group, LLC, Hyde Nightclub, Made Hollywood, and Spoonful Management, LLC, alleging: ...

Excerpt: ...first amended complaint (FAC) against Wilshire House Association (WHA), Andres Cantor, Lorraine Zeidler, Myrna Dubin and Susan Geldin as successor trustees of the Geldin Family Trust dated 1/24/1991, and Stacy Gerowitz, alleging: (1) breach of written contract (CC&Rs); (2) breach of written contract (Purchase and Sales Agreement); (3) fraud; (4) specific performance; (5) quiet title; (6) breach of fiduciary duty; and (7) declaratory relief. On 9/...

Excerpt: ...son (Thompson), alleging: (1) unlawful discrimination/retaliation – gender/sex; (2) unlawful harassment—gender/sex; (3) Labor Code section 1102.5 retaliation; (4) violation of Labor Code section 1198.5; and (5) unlawful discrimination/retaliation –disability. Now, USC, Jividen, Gaspari, and Thompson (collectively, Defendants) move to compel Plaintiff to arbitrate their Complaint. Concurrently, Plaintiff moves to stay Defendant's motion to c...

Excerpt: ...rike is DENIED. On 3/5/2021, Plaintiff Cynthia Bowman (Plaintiff) filed suit against Lamps Plus, Inc., Lamps Plus Holdings, Inc., and Cindy Beeson, alleging: (1) discrimination on the basis of age; (2) failure to prevent discrimination, harassment, and retaliation in violation of FEHA; (3) wrongful termination; (4) breach of implied-in-fact contract not to terminate employment without good cause; and (5) intentional infliction of emotional distre...

Excerpt: ...ging: 1-2) fraudulent transfer; 3-4) fraud; 5) conspiracy to commit fraud; and 6) declaratory relief. Now, Defendants move to recover attorneys fees and costs as the prevailing party. The motion is unopposed. Legal Standard The party claiming attorneys' fees must establish entitlement to such fees and the reasonableness of the fees claimed. (Civic Western Corporation v. Zila Industries, Inc. (1977) 66 Cal.App.3d 1, 16.) “Except as attorney's fe...

Excerpt: ...iled suit against Hyundai Motor America, Inc. (Hyundai), and Norm Reeves Hyundai Superstore alleging: (1) breach of implied warranty of merchantability; (2) breach of express warranty; and (3) negligence. Now, Hyundai demurrers to Plaintiff's Complaint. Discussion Hyundai argues that Plaintiff's entire Complaint is uncertain. Hyundai also argues that Plaintiff's first cause of action is barred by the statute of limitations and that his third caus...

Excerpt: ...ods; (2) failure to provide rest periods; (3) failure to provide itemized statements and maintain accurate payroll records; (4) failure to reimburse business expenses; (5) failure to provide pay wages upon termination of employment; (6) violation of California Labor Code section 558; (7) unfair competition; and (8) penalties pursuant to the Private Attorneys General Act (PAGA). Now, Plaintiff moves for the Court to approve the Parties' PAGA settl...

Excerpt: ... fourth cause of action. - Defendant's demurrer is sustained, without leave to amend as to the third, fifth, and sixth causes of action. Accordingly, Defendant's motion to strike is MOOT. On September 27, 2020, Plaintiffs Estate of Tok Hui Till, Sunja Ja Lam, and Jonathan Till (collectively, Plaintiffs) initiated this action. On February 24, 2020, Plaintiffs filed a first amended complaint (FAC) against the Los Angeles Centers for Alcohol and Dru...

Excerpt: ...e § 201]; (2) failure to provide minimum wage compensation [Labor Code §§ 1197,1194, 1194.2]; (3) failure to provide overtime and double-time compensation [Labor Code §§ 510, 1994]; (4) failure to pay wages for rest break periods [Labor Code § 226.7]; (5) failure to pay wages for meal break periods [Labor Code § 226.7]; (6) failure to provide accurate itemized wage statements [Labor Code § 226.]; (7) waiting time penalties [Labor Code § ...

Excerpt: ...and seventh causes of action as to ALL CROSS-DEFENDANTS -Cross-Defendants' demurrer is sustained, WITHOUT LEAVE TO AMEND, as to the second cause of action as to ALL CROSS- DEFENDANTS -Cross-Defendants' demurrer is overruled as to the eighth cause of action against CROSS-DEFENDANT ANGELES Plaintiffs Assadullah Shahand and Sabaitip Shahand (Plaintiffs) filed suit against Nationstar Mortgage, LLC, dba Mr. Cooper (Nationstar), U.S. Bank, as trustee f...

Excerpt: ...onal distress; (2) negligence; and (3) breach of contract. Now CSMC demurs to Plaintiffs' Complaint. CSMC also moves to strike portions of Plaintiffs' Complaint. Legal Standards A demurrer for sufficiency tests whether the complaint states a cause of action.¿ (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747 (Hahn).) ¿When considering demurrers, courts read the allegations liberally and in context.¿ (Taylor v. City of Los Angeles Dept. of Water a...

Excerpt: ...cious prosecution. On November 4, 2020, the Court granted the Eiselstein's special motion to strike, but denied Defendant Dobson and the Law Offices of Michele A. Dobson's special motion to strike. Now, Defendants Dobson and the Law Offices of Michele A. Dobson (collectively, Defendants) demur to Plaintiff's Complaint. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action.¿ (Hahn v. Mirda (2007) 147 Cal.A...

Excerpt: ... render his claim time-barred. Legal Standard Government Code section 911.2, in the Government Tort Claims Act, provides a “claim relating to a cause of action . . . for injury to person . . . shall be presented . . . not later than six months after the accrual of the cause of action.” (Emphasis added.) The date of accrual for the purpose of presentation of a claim is the date on which the cause of action would have accrued within the meaning...

Excerpt: ...esponsive pleading within the statutorily prescribed time. Plaintiff requested entry of default, and default was entered. Defendant subsequently moved twice to set aside the default, and both times this Court denied the motion. Defendant appealed, and on February 22, 2019, the Court of Appeal reversed this decision and remanded with instructions to set aside the default. On July 1, 2020, Defendant's motion for a judgment on the pleadings was gran...

Excerpt: ...SAC) against Pristine Windows, Inc., Sejon Ding, and Hudson Insurance Company, alleging: (1) breach of contract; (2) negligence; (3) fraud (false promise); and (4) enforcement of bond. Defendants Pristine Windows, Inc. and Sejon Ding (collectively, Defendants) now demur to Plaintiffs' third cause of action. Defendants also move to strike portions of Plaintiffs' SAC. Legal Standards A demurrer for sufficiency tests whether the complaint states a c...

Excerpt: ...llectively, Defendants), alleging: (1) perceived and/or physical disability harassment, discrimination, and retaliation in violation of FEHA; (2) harassment, discrimination, and retaliation in violation of CFRA; (3) retaliation and wrongful termination in violation of public policy; and (4) declaratory relief. Now, Defendants more for summary judgment, or, in the alternative, summary adjudication, of Plaintiff's Complaint. Legal Standard Code of ...