Excerpt: ...), and (4) fraud (concealment). Defendant demurred to the second, third, and fourth causes of action and moved to strike the prayer for punitive damages. On April 14, 2021, the Court sustained the demurrer to the second cause of action without leave to amend, and sustained the demurrer to the third and fourth causes of action with leave to amend. The Court also granted the motion to strike the prayer for punitive damages with leave to amend. Plai...

Excerpt: ...c Nursing Solutions, Inc. (“Defendant”) on August 9, 2021. Defendant filed a motion to compel arbitration, and Plaintiff opposed the motion, representing that she did not understand English well enough to consent to arbitration. The Court held an evidentiary hearing, following which the Court found that Plaintiff's account was not credible. (See Court's Minute Order, dated February 8, 2022.) The Court found that Plaintiff understood English w...

Excerpt: ...tion and moves to strike the prayer for punitive damages. Plaintiffs' fifth cause of action is for fraudulent concealment. Plaintiffs must allege the following: (1) Defendant concealed or suppressed a material fact; (2) Defendant had a duty to disclose the fact to Plaintiffs; (3) Defendant intended to defraud Plaintiffs by intentionally concealing or suppressing the fact; (4) Plaintiffs were unaware of the fact and would not have purchased the ve...

Excerpt: ...9419 Mason Partners LLC (“9419 Mason Partners”), among others, asserting the following causes of action: 1. Breach of implied contract 2. Intentional misrepresentation 3. Negligent misrepresentation 4. Negligence 5. Breach of fiduciary duty 6. Conversion 7. Accounting 8. Restitution based upon unjust enrichment 9. Unfair competition under Business and Professions Code section 17200 10. Elder abuse Defendants demur to each cause of action, whi...

Excerpt: ...ndar and this order shall be issued. The Court authorizes the parties to appear remotely through LACourtConnect. Any party who is not able to use LACourtConnect may call the Court's judicial assistant, Roberto Mendoza, at (213) 633-0159 to determine whether it is possible to appear via telephone. ORDER Plaintiff David Rentz (“Plaintiff”) filed this action against Michael Deblois (“Defendant”), asserting a single cause of action for intent...

Excerpt: ...Action – Violation of Penal Code section 496 Now, Defendant moves for summary judgment or, in the alternative, summary adjudication. “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law[.] There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying f...

Excerpt: ...ces, LLC (“Cambridge”), and (3) Sabita Malla, M.D. (“Malla”) (collectively, “Defendants”). Plaintiff asserts three causes of action: (1) Elder Abuse and Neglect under Welfare and Institutions Code sections 15600, et seq., (2) Violation of Health and Safety Code section 1430(b), and (3) Wrongful Death. Now, Malla demurs to the first cause of action. Malla also moves to strike the prayer for attorney's fees and punitive damages and rela...

Excerpt: ... September 27, 2022, but if this issue is dispositive and Plaintiff does not waive the objection, the Court intends to continue the hearing, order Defendant to lodge a copy of the electronic chat, and afford Plaintiff an opportunity to respond. The Court orders the parties to appear either remotely or in-person on September 27, 2022, at 8:30 a.m. INTRODUCTION Plaintiff Kapish Haldia (“Plaintiff”) filed this action against Cody Mattingly (“D...

Excerpt: ...le collision. Defendant M.T. Towing Systems (“M.T. Towing”) moves to quash or modify Plaintiffs' deposition subpoena. If a subpoena requires the production of documents, the Court may quash the subpoena entirely or modify it. (Code Civ. Proc., § 1987.1, subd. (a).) In ruling on a motion to quash, “the Court may in its discretion award the amount of the reasonable expenses incurred in making or opposing the motion, including reasonable atto...

Excerpt: ... to Defendant's mandate that employees must be vaccinated. (Ibid.) Defendant represented that it would grant exemptions for “sincerely held religious objections to Covid-19 shots,” but “it refused to accept Plaintiff's request.” (Ibid.) “[Defendant] subjected [Plaintiff] to half an hour of cross- examination about his religious beliefs and then denied his exemption request, without explanation.” (Ibid.) This action followed. Defendant...

Excerpt: ...and Housing Act (“FEHA”) based upon a disability, (4) Retaliation in violation of FEHA, and (5) Breach of Contract. Defendants demur to the first amended complaint and move to strike the prayers for attorney's fees, prejudgment interest, and punitive damages. LEGAL STANDARD A. Demurrer 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, c...

Excerpt: ...rt provides notice that there shall be no further continuances, absent good cause. Given the current trial date, the Court must decide these motions by mid-September. The Court issues the following tentative order in advance of the hearing and provides notice that if Plaintiffs do not appear at the hearing, either remotely or in person, they shall waive the right to be heard on these motions and shall submit to entry of this tentative order. Defe...

Excerpt: ...nd Executor of the Estate of Ralph Truglio (“Plaintiff”) filed this action against Chutter, Inc., which does business as “Dan Tana's Restaurant,” as well as Sonja Perencevic (collectively, “Defendants”). Plaintiff owns the premises located at 9071 Santa Monica Boulevard in Los Angeles, California. Defendant Chutter is the lessee under a lease which originated in 1963. The lease was amended multiple times, extending the lease for five ...

Excerpt: ...e is governed by the third arbitration agreement, which Plaintiff signed on October 24, 2006. This agreement states that “this Acknowledgment supersedes all previous agreements and representations, whether written or oral, express or implied, relating to the subjects covered in this Acknowledgment.” (Declaration of Hiromi Oki, Exh. #3, p. 2.) Therefore, this arbitration agreement controls. Plaintiff argues that PAGA claims are not covered by ...

Excerpt: ...y had and received, (6) Common counts – Moneys lent, (7) Negligent misrepresentation; (8) Promissory estoppel, (9) Breach of fiduciary duty, (10) Actual fraud, (11) Violation of Business and Professions Code section 17200, (12) Conversion, and (13) Violation of Penal Code section 496. Defendants TD Capital, LLC, Medline Management Corporation, and Colony Capital, LLC (collectively, “Cross-Complainants”) filed a cross-complaint asserting cau...

Excerpt: ...ff] as part of the Dental Assistant program at Career Care Institute with Gateway Dental Group . . . as a student intern following her assignment to [Defendant] and the reasons for the change in assignment.” (Declaration of Colleen M. Mullen, Exh. #3.) Plaintiff moves to quash this subpoena. If a subpoena requires deposition testimony or the production of documents, the Court may quash the subpoena entirely or modify it. (Code Civ. Proc., § 19...

Excerpt: ...s International Airport. Plaintiff named 19 different companies that may have been responsible for Decedent's death. Now, Ingersoll Rand, Inc. (“Defendant”) moves for summary judgment. “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law[.] There is a triable issue of material fact if, and only if, the evidence would all...

Excerpt: ...laintiffs paid Defendant Global a total of $30,000 for the purported loan modification. However, in March 2010, Defendant Laura Ngocdiep Mai, also known as Jacqueline Mai (“Defendant Mai”) forged a quit claim deed transferring the property. The quit claim deed was notarized by Defendant Sandy Lorraine Alvarez-Molina (“Defendant Alvarez-Molina”). Based upon these allegations, Plaintiffs assert causes of action for fraud, fraudulent conveya...

Excerpt: ...laintiff must allege the elements set forth in the punitive damages statute, Civil Code section 3294. (Coll. Hosp., Inc. v. Superior Court (1994) 8 Cal.4th 704, 721.) Per Civil Code section 3294, a plaintiff must allege that the defendant has been guilty of oppression, fraud or malice. (Civ. Code, § 3294, subd. (a).) “Malice is defined in the statute as conduct intended by the defendant to cause injury to the plaintiff or despicable conduct wh...

Excerpt: ...sabilities Act (the “ADA”), The Unruh Civil Rights Act (the “Unruh Act”), and the California Disabled Persons Act (the “Disabled Persons Act”). Now, Defendant moves for summary judgment, as well as attorney's fees, which Plaintiffs oppose. The Court grants Defendant's motion for summary judgment but denies Defendant's motion for attorney's fees. FACTUAL BACKGROUND Plaintiffs are disabled and cannot drive. (Plaintiffs' Separate Stateme...

Excerpt: ...h of covenant of quiet enjoyment 5. Negligence 6. Harassment 7. Intentional infliction of emotional distress 8. Negligent infliction of emotional distress 9. Discrimination under federal law 10. Discrimination under the Unruh Civil Rights Act 11. Discrimination under FEHA Now, Defendant demurs to the second, fourth, seventh, eighth, ninth, tenth, and eleventh causes of action. Defendant also moves to strike the prayer for punitive damages and rel...

Excerpt: .... Failure to Engage in Good Faith Interactive Process 6. Retaliation under Government Code section 12945.2 7. Declaratory Judgment 8. Wrongful Termination in violation of Public Policy Now, Defendant moves for summary judgment or, in the alternative, summary adjudication, which Plaintiff opposes. The Court denies summary adjudication of Plaintiff's claims that she was terminated for taking medical leave. The Court denies summary adjudication of t...

Excerpt: ...client, believed to be Famosa, Inc. (“Famosa”), in a manner that injured Plaintiff, another Lewis Brisbois client. (First Amended Complaint, ¶ 10.) The amount of payment for damage during interstate transportation is limited by the Carmack Amendment. (Id., ¶ 14.) Plaintiff alleges that Famosa, which imports marble, sought a legal opinion from Lewis Brisbois to determine whether Famosa could “sidestep the limits of the Carmack Amendment an...

Excerpt: ... be adopted, and the case shall be dismissed without prejudice. Plaintiff Charles A. Mattera (“Mattera”) and United Studios of Self-Defense, Inc. (the “Studio”) (collectively, “Plaintiffs”) filed this action against two sets of defendants. First, Plaintiffs named the State of California, Department of Financial Protection and Innovation and certain employees (collectively, the “State of California” or the “State”). Second, Pla...

Excerpt: ...a property and hired Allied Nationwide Security (“Allied”) to provide security services. Allied assigned Plaintiff, a security guard, to provide security for the project. On January 12, 2019, Plaintiff was working on the property when a wooden door fell on him, causing injury. Plaintiff asserts causes of action for premises liability, negligence, and negligence per se. MCRT moves for summary judgment, which Plaintiff opposes. Defendants also ...