Excerpt: ... required under Cal. R. Ct. 3.1354. As to Defendant's objections the court sustains no. 3 (but not the first sentence), 5 (all), 7 (all), 9 (only the last sentence), and 10 (all). Analysis 5COA (Tameny): For a Tameny claim, the plaintiff must demonstrate: (1) an employeremployee relationship; (2) the termination of plaintiff's employment was a violation of public policy; and (3) the termination caused plaintiff's damage. (See Holmes v. General Dy...

Excerpt: ...agencies.” (Iskanian v. CLS Transportation Los Angeles (2014) 59 Cal. 4th 348, 380.) There are numerous procedural differences between PAGA actions and certified class actions. (Williams v. Superior Court (2017) 3 Cal. 5th 531, 546.) A plaintiff seeking to recover civil penalties under PAGA is not required to satisfy the certification requirements necessary for class actions. (Arias v. Superior Court (2009) 46 Cal. 4th 969, 986.) There is no Ca...

Excerpt: ...his work logs documenting his injury and related events were missing from his locker when he went to clean it out after he was terminated. (Compl. ¶¶9‐14, 20.) The Opposition asserts that the cause of action is sufficiently alleged but, does not demonstrate how the alleged facts fit within the requisite elements of a Labor Code §1102.5 claim. 2COA (Harassment): Plaintiff concedes that this cause of action is insufficient as alleged. ...

Excerpt: ...h of the matter asserted and otherwise it is Overruled. Plaintiffs' evidentiary objection 5 to the James deposition exhibit (July 3, 2018 email from Sam Tuyen) is Sustained. All other objections are otherwise overruled. Deny motion for summary judgment. Analysis While James's evidence demonstrates a triable issue of material fact as to whether an oral agreement exits. Plaintiffs do not refute the testimony that Nguyen requested the $50,000 loan t...

Excerpt: ...edical Battery is properly alleged. In Paragraph 24 of the Complaint, Plaintiffs allege that Dr. Perea did not advise decedent that he would be performing a “surgical procedure to remove a mass from her bowel/colon involving the risk of bowel/colon perforation and resultant sepsis.” These allegations regarding surgery on decedent's bowel/colon versus a full hysterectomy to which she consented sufficiently allege performance of a substantially...

Excerpt: ... with Plaintiff's Memorandum of Costs filed on November 5, 2019. Analysis: A review of the court file shows that the Complaint was filed on April 19, 2017. The Complaint was amended after a hearing, granting leave was heard on January 10, 2019. The original Complaint was promptly answered within 30 days of service. There were two MSJs brought by the Defense that resulted in oppositions by the Plaintiff. The first MSJ was deemed moot by leave to a...

Excerpt: ...sition was filed by Plaintiff on June 4, 2018, it never went to hearing as it was withdrawn on July 12, 2018. The CMC occurred on July 23, 2018 and a TSC was set for January 22, 2019. The next Motion that was filed as an MSJ/MSA by defense that became moot through leave to amend being granted on March 6, 2019. Notice of case settlement was submitted on August 5, 2019. Other minor machinations occurred but nothing significant. The point of this is...

Excerpt: ...r 25, 2019, the court found “Until the last minute, this was an unopposed Motion. However, late opposition was filed on September 19, 2019. The summary of the issue before the court is as follows: On February 7, 2019 various forms of written discovery requests were served on the non‐opposing parties. They did not respond. Not only did they not respond but on March 18, 2019 they were reminded by plaintiff through email that discovery was due. ...

Excerpt: ...ices of results. Furthermore, the statement was not an order. “Every direction of a court or judge, made or entered in writing, and not included in a judgment, is denominated an order. An application for an order is a motion.” (CCP §1003.) An order is defined as “the judgment, or conclusion of the Court, upon any motion or proceeding. It means cases where a Court or Judge grants affirmative relief, and cases where relief is denied.” (Gil...

Excerpt: ...ges that Dr. Rahmany (“Rahmany”) sexually harassed her beginning in 2017 when he joined the oncology unit. She alleges that Rahmany repeatedly flirted with her, touched her shoulder, hugged and asked her out on dates. On April 25, 2018, Rahmany allegedly pressed his face into her chest. Plaintiff claims that a supervisor from Loma Linda asked her to write an incident report for human resources, but following an investigation, no action was ta...

Excerpt: ... production must set forth specific facts showing good cause justifying the discovery sought by the demand. Plaintiff moves to compel defendant's further responses to RFP Nos. 28, 29, 45 and 70‐72. Nos. 28 and 29 demand documents regarding anything to do with sexual harassment allegations made by any person other than plaintiff during the last five years, and any and all documents reflecting any and all investigations of sexual harassment towar...

Excerpt: ...o the 2COA for failure to state facts, SUSTAINED WITHOUT LEAVE to amend as to the 4COA and 5COA for failure to state a facts and OVERRULED as to the 3COA and 6COA. 2COA: Missing from the FAC is what actually was on the internet regarding the Essure procedure. Plaintiff alleges defendants statement in Paragraph 42 was false, but how so? This causes the pleading to fail to allege the requisite specificity. 3COA: With Paragraph 53 enough is alleged ...

Excerpt: ...rity exists for the premise that an individual is precluded from pursuing tort claims against a wrongdoer's agents, even though the individual could potentially have contract claims against the wrongdoer. Next, an individual cannot use an exculpatory clause to waive its liability for fraud. Continental Airlines, Inc. v. McDonnell Douglas Corp. (1989) 216 Cal.App.3d 388, 402. Under Civil Code § 1668, a contract that exempts anyone from responsibi...

Excerpt: ...enses. (See Bevill v. Zoura (1994) 27 Cal.App.4th 694, 698.) They are preserved for attack by the general denial to the Complaint. As to the 1st to 8th affirmative defenses, the Demurrer is OVERRULED because defendants have alleged sufficient facts to support the defenses and there is no uncertainty. The defenses are sufficiently alleged to apprise plaintiff of the nature of the defense and discovery will allow plaintiff to obtain greater details...

Excerpt: ... yield psychological, psychiatric, gynecological, alcohol or drug treatment and HIV/sexually transmitted disease information. A discovery request for medical records must be limited to information directly relevant to the plaintiff's pain and suffering from physical injuries caused by the accident at issue. (Davis v. Superior Court (1992) 7 Cal. App. 4th 1008, 1018.) Plaintiff's right of privacy is protected as to physical and mental conditions u...

Excerpt: ...ections were not addressed as they deemed unnecessary to this court's decision. Respondent's RJN as to County Ordinances and County Records is GRANTED. 1COA (Breach of Ministerial Duty and Abuse of Discretion): The review before the County Board was not ministerial. . Under County Ordinance No. 348, section 6.50, kennels and catteries are permitted in R‐A (residential agricultural) zones, if they are approved pursuant to section 18.45. County O...

Excerpt: ...e claim is redundant of the 1COA for fraud/intentional misrepresentation. 3COA (Contract): The 3COA also fails. To the extent that the claim is based upon an alleged breach of the purchase agreement, the claim fails because Plaintiff has not alleged that she performed under the agreement. To the extent that Plaintiff alleges a breach of a separate oral agreement, the TAC fails to set forth the terms of the oral contract, including what considerat...

Excerpt: ...edure or file a complaint with the Department of Fair Employment and Housing and sue for a FEHA violation, once obtaining a right to sue letter. Williams v. Housing Authority of Los Angeles (2004) 121 Cal.App.4th 708, 720‐721. There are no allegations in the FAC that indicate this election did not occur. 11COA (IIED): The FAC asserts that Mathur (along with other employees of Physicians) touched Plaintiff on the butt and back, leered at Plainti...

Excerpt: ... should have known had been the subject of multiple complaints and whom it knew was incapable of completing the work. See FAC, ¶ 27. So the FAC set forth alleged duties that were independent of any contractual obligation to remediate the water damage at Plaintiff's premises. The argument about the special relationship pleading was raised for the first time on Reply and was not considered. However, even if this argument is considered on its merit...

Excerpt: ...tle plaintiff to relief, other allegations cannot be challenged by general demurrer. (Daniels v. Select Portfolio Servicing, Inc. (2016) 246 Cal.App.4th 1150, 1167.) 7COA (Unpaid Sick Leave): SUSTAINED for failure to state a cause of action without leave to amend. There is no private right of action under Labor Code § 245 et. seq. The Demurrer is overruled on the grounds that the statute of limitations is dispositive for the same reasons as the ...

Excerpt: ...The allegations here are of a singular failure to respond to a patient's request for assistance and not the type of “gross mistreatment in the form of abuse and custodial neglect” necessary for an elder abuse claim. (Delaney v. Baker (1999) 20 Cal.4th 23, 33.) Plaintiff's reliance on Fenimore v. Regents of University of California (2016) 245 Cal.App.4th 1339, 1347‐1348 is misplaced; even though plaintiff alleges statutory violations similar...

Excerpt: ...ment is reasonable. The key argument raised in opposition is that High Church should, in essence, be solely responsible. However, the Estate was aware the High Church was operating an illegal business at the property since at least November 2017 when the County performed an inspection of the property and Code Enforcement notified the Estate of the violations, yet took no action to evict the High Church and allowed the nuisance to continue on the ...

Excerpt: ...reement for a 10 year lease is valid and enforceable. In other words, separate actions will not necessarily lead to inconsistent results. If Plaintiff is found not to have paid rent for November 2018, and the eviction notice is determined to be valid, then Defendants will be entitled to eviction. Whether Plaintiff has a month‐to‐month lease or a 10‐year lease is immaterial to the issue of payment of rent. Furthermore, this action does not i...

Excerpt: ...e present motion is § 425.16(e)(2), which provides that “an act in furtherance of a person's right of petition or free speech under the United States or California Constitution in connection with a public issue” includes … any written or oral statement or writing made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official proceeding authorized by law.” However, Ocwen...

Excerpt: ...14 sale of the subject property, which was allegedly interfered with by Ocwen's action/inaction. (TAC, ¶¶13‐20.) The category descriptions seek “all” documents, which includes financial information. The parties by seeks information from 1/1/14 to present. To the extent that such documents exist, which are unrelated to the allegations concerning the 2014 sale, the subpoenas are overly broad. The discovery sought does not go the “subject ...