Excerpt: ...rance system, she may contact the Court's clerk, Roberto Mendoza, at (213) 633-1059. Plaintiff Sara Samourian (“Plaintiff”), by and through counsel, filed a complaint under the Song- Beverly Consumer Warranty Act against Defendant FCA US LLC (“Defendant”) on June 7, 2019. On August 9, 2021, Plaintiff's counsel and Plaintiff filed a “Substitution of Attorney” form indicating that Plaintiff would be representing herself in this action. ...

Excerpt: ...n), 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. Pla...

Excerpt: ...he parties to meet-and-confer concerning a potential date for Plaintiff's deposition. (See Court's Minute Order, dated October 14, 2022.) On October 28, 2022, Plaintiff's counsel sent a letter to Defendants' counsel offering the following dates for a deposition: (1) November 17, 2022; (2) December 1, 2022; and (3) December 15, 2022. (See Declaration of Michael M. Yellin, Exh. E.) The parties have agreed to conduct the deposition on December 1, 20...

Excerpt: ...eriences difficulty appearing remotely, he may contact the Court's clerk, Roberto Mendoza, at (213) 633-0159 for assistance. BACKGROUND Plaintiff Daphne Yadegar (“Plaintiff”) filed this action against American Family Connect Property and Casualty Insurance Company (“American Family”), among others, asserting causes of action for breach of the implied covenant of good faith and fair dealing, fraud, intentional misrepresentation, and neglig...

Excerpt: ..., the propounding party may move to compel further responses. (Code Civ. Proc., § 2031.310.) However, the propounding party must file a motion to compel further responses within 45 days after the responding party served verified responses, unless the parties agree in writing to extend the time. (Code Civ. Proc., § 2031.310, subd. (c).) The Court cannot consider an untimely motion to compel further responses. (Vidal Sassoon, Inc. v. Superior Cou...

Excerpt: ... the pending motions. The Court authorizes remote appearances. If Defendant wishes to appear remotely but is experiencing difficulty, she may contact the Court's clerk, Roberto Mendoza, at (213) 633-0159 for assistance. Plaintiff Jonathan Hemphill (“Plaintiff”) moves to compel responses from Defendant Andrea Riser- Zanders (“Defendant”) to: (1) Special Interrogatories, Set One (“SROG”), (2) Form Interrogatories (“FROG”), and (3) R...

Excerpt: ...automatic suspension of a driver's license is warranted after the driver has been arrested for driving under the influence. At these hearings, the DMV mandated that the hearing officers simultaneously act as advocates for the DMV and as triers of fact. The DMV also authorized its managers to change hearing officers' decisions, or order the hearing officers to change their decisions, without notice to the driver. Based upon the foregoing, Plaintif...

Excerpt: ...98, et seq. (“PAGA”). Then, Plaintiff filed a first amended complaint on November 4, 2022, asserting individual and class action claims, as well as the PAGA claim. Now, the parties seek approval of the class action and PAGA claims against Defendant. Plaintiffs propose a settlement class of “[a]ll persons who are or were employed by Defendant as nonexempt, hourly-paid employees at any of Defendant's locations within the State of California w...

Excerpt: ...endants (the “Tenants”). Gamma Eta alleges that the Tenants did not pay their rent during the relevant time period. The Tenants allege there was a dispute between Gamma Eta and their fraternity, so they paid their rent to the fraternity, not Gamma Eta with whom they signed leases. Gamma Eta filed 26 individual actions asserting claims of breach of contract to recover the unpaid rents. The cases later were consolidated. Plaintiff filed a third...

Excerpt: ... of process. Defendant demurs to the complaint, which Plaintiff opposes. The demurrer is sustained in part and overruled in part. PLAINTIFF'S ALLEGATIONS Defendant, who is an attorney, represented the non-moving defendants in two different lawsuits, both of which settled. (Complaint, ¶¶ 9-12.) Then, Plaintiff moved to enforce the settlement agreements in each of the settled lawsuits under Code of Civil Procedure section 664.6. (Complaint, ¶ 13...

Excerpt: ...ployment case on September 19, 2019 against Defendant Crescent Hotels & Resorts, LLC (“Defendant”), among others. This case has been replete with discovery violations by Plaintiff. On February 8, 2022, Defendant filed a motion to compel Plaintiff's responses to Requests for Production of Documents (“RPDs”), Form Interrogatories (“FROGs”), and Special Interrogatories (“SROG”). The Court granted the motion on May 12, 2022, and order...

Excerpt: ...hat on January 6, 2021, as a result of a roadway's dangerous condition and the City's acts and omissions, a car slid off the roadway, down the hill, and collided with Plaintiff's house. Plaintiff alleges that the incident caused Plaintiff's property and house to become structurally compromised, destabilized, damages, and unsafe. Now, Plaintiff moves for a preliminary injunction requiring the City to tarp, sandbag, secure, and otherwise protect th...

Excerpt: ...glish 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 well enough to have consented to arbitration because: (1) Her resume states that she had completed an ESL program and was “bilingual” in English and Spanish; (2) Defendant's employees t...

Excerpt: ... amount of $13,578.35. Defendant opposes the motion and argues that Plaintiff's counsel should recover no more than $19,916.50 in total. The prevailing party must seek an award of attorneys' fees via a noticed motion, and bears the burden of proof to justify the amount sought. (See Code Civ. Proc., § 1033.5, subd. (c)(5)(A).) The determination of reasonable amount of attorney fees is within the sound discretion of trial courts. (PLCM Group v. Dr...

Excerpt: ...tion: Second Claim – Hostile work environment/harassment based on age, gender, race, national origin, and color, in violation of the Fair Employment and Housing Act (“FEHA”), Government Code section 12900, et seq. Sixteenth Claim – Intentional infliction of emotional distress Now, Defendant Grant demurs to these causes of action and moves to strike the prayer for punitive damages. The Court overrules the demurrer to the second cause of ac...

Excerpt: ...f $2,060.15. The determination of reasonable amount of attorney fees is within the sound discretion of trial courts. (PLCM Group v. Drexler (2000) 22 Cal.4th 1084, 1095; Akins v. Enterprise Rent‐A‐Car Co. (2000) 79 Cal. App. 4th 1127, 1134.) The burden is on the party seeking attorney fees to prove reasonableness of the fees. (Center for Biological Diversity v. County of San Bernardino (2010) 188 Cal. App. 4th 603, 615.) The Court has broad d...

Excerpt: ...ains an arbitration provision. (Declaration of John Kralik, Exh. #1, p. 10, ¶ 31.B.) Defendant moves to compel arbitration in this case. The moving party on a petition to compel arbitration “bears the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence, while a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. The trial c...

Excerpt: ... right to be heard and shall submit to entry of this tentative order. Plaintiff Parvin Jamali (“Jamali”) filed this complaint against U.S. Bank National Association (“U.S. Bank”) and Select Portfolio Servicing, Inc. (“Select Portfolio”) (collectively, the “Movants”) concerning a foreclosure action. Now, the Movants demur to the complaint. “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a...

Excerpt: ...es unsatisfactory, the propounding party may move to compel further responses. (Code Civ. Proc., §§ 2033.290; 2030.300.) After Defendant filed these motions, Plaintiff served supplemental responses to the RFAs. As such, Defendant's motion to compel further responses to the RFAs is moot except with respect to sanctions. Plaintiff's responses to the FROG consist only of objections. As Defendant timely filed these motions to compel further respons...

Excerpt: ...tile work environment/harassment based on age, gender, race, national origin, and color, in violation of the Fair Employment and Housing Act (“FEHA”), Government Code section 12900, et seq. Sixteenth Claim – Intentional infliction of emotional distress Now, Defendant Loughridge demurs to these causes of action and moves to strike the prayer for punitive damages. The Court sustains the demurrer and takes the motion to strike off-calendar as ...

Excerpt: ... to discuss this issue at the hearing. [TENTATIVE] ORDER Plaintiffs filed the instant case on January 7, 2021, which included a cause of action under the Private Attorney General Act (“PAGA”), California Labor Code section 2699, et seq. Plaintiffs seek approval of the settlement of the PAGA claim. Noel Van Wagner and Veronica Andrade (the “Intervenors”) filed their own action against Defendants on May 15, 2022: Noel Van Wagner, et al. v. ...

Excerpt: ...e when the Court is available. In the alternative, the parties may email the Court's clerk at [email protected] before Friday, October 21, 2022, at 8:30 a.m. to request a hearing. Any email shall copy all parties. If neither party requests a hearing, the Court will decide the motion without holding a hearing and will adopt the following tentative order. INTRODUCTION Plaintiff Charles A. Mattera (“Mattera”) and United Studios of Self-Defen...

Excerpt: ...ate when the Court is available. In the alternative, the parties may email the Court's clerk at [email protected] before Thursday, October 20, 2022, at 9:00 a.m. to request a hearing. Any email shall copy all parties. If neither party requests a hearing, the Court will decide the motion without holding a hearing and will adopt the following tentative order. Plaintiff Fredy Wembe (“Plaintiff”) filed this employment action against Target St...

Excerpt: ... as a defendant in the original complaint. Plaintiff added Van Nuys-L by way of a Doe amendment on June 8, 2022. Defendants now move to strike Plaintiff's prayer for punitive damages and related allegations. Although the Fair Employment and Housing Act does not authorize punitive damages, California's punitive damages statute—Civil Code section 3294—applies to actions brought under FEHA. (Commodore Home Systems, Inc. v. Superior Court (1982) ...

Excerpt: ... arbitration agreement by a preponderance of the evidence, while a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. The trial court sits as the trier of fact, weighing all the affidavits, declarations, and other documentary evidence, and any oral testimony the court may receive at its discretion, to reach a final determination.” (Ruiz v. Moss Bros. Auto Group, Inc. (20...

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 ...

Excerpt: ...on (intentional infliction of emotional distress). A motion for judgment on the pleadings has the same function as a general demurrer, but may be made after the time to demur has expired. (Code Civ. Proc., § 438, subd. (f).) “Like a demurrer, the grounds for the motion [for judgment on the pleadings] must appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” (Civic Partners ...

Excerpt: ...statute or otherwise (including the interpretation and scope of this Arbitration Provision, and the arbitrability of the claim or dispute), between you and us or our employees, agents, successor or assigns, which arises out of or relates to you credit application, purchase or condition of this vehicle, this contract or any resulting transaction or relationship (including any such relationship with third parties who do not sign this contract) shal...

Excerpt: ...uh would invest $200,000 and would receive a 20 percent interest in CMC. (Complaint, ¶¶ 14-19, 21.) Plaintiff also alleges that after he executed the contract in 2018, Clayton and another defendant, Donald Anderson, demanded that he “invest additional funds into the business, as well as invest substantial time and money setting up the growing and processing aspects of the business.” (Complaint, ¶ 27.) Suh alleges that he complied with thei...

Excerpt: ...it to entry of this tentative order without further hearing. INTRODUCTION Plaintiff Elizabeth Harandi (“Plaintiff”) filed this action against Farshad Harandi (“Defendant Harandi”), Rodeo Realty, Inc. (“Rodeo Realty”) and Malibu Escrow Company (“Malibu Escrow”) asserting causes of action for breach of fiduciary duty, negligence/gross negligence, fraud, intentional infliction of emotional distress, negligent supervision, and unjust ...

Excerpt: ...yong Lee (collectively, “Plaintiffs”) filed this action following damage to a retaining wall dividing three separate properties: (1) Plaintiffs' property (the “New Hampshire Avenue property”), (2) Property owned by Defendants Jeffrey and Shirley Liyanto until February 2019, when they transferred the property to Defendant Britestone Berendo Holdings, LLC (the “South Berendo Street property”), and (3) Property owned and managed by Defen...

Excerpt: ... 29, 2022. A. Motion to Compel Further Responses If the propounding party deems responses to requests for production of documents unsatisfactory, the propounding party may move to compel further responses. The Court rules as follows: RPD #1 – Granted. Defendant's response does not comply with section 2031.230. This response is not code-compliant because it does not state clearly that Defendant has no itemized wage statements beyond the pay stub...

Excerpt: ...n for harassment under the Fair Employment and Housing Act (“FEHA”), Government Code sections 12940 et seq. Now, Flores moves for summary judgment. LEGAL STANDARD “[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 ...

Excerpt: ...U/A/D dated April 18, 2020.” The cross-complaint asserts the following causes of action: (1) Equitable indemnity re: contract damages; (2) Equitable indemnity re: tort damages; (3) Fraud; (4) Breach of fiduciary duty; (5) Elder abuse; and (6) Preliminary and permanent injunctive relief. On June 22, 2021, the Court relieved McBride's former counsel, Mr. Richard A. Kolber, Esq. On July 8, 2021, McBride's current counsel, Mr. Armen G. Militian, Es...

Excerpt: ...tative order also noted that the jury fees had not been paid by either party, and the Court would not decide Plaintiff's motion for attorney's fees and any motion to tax costs by Defendant until these fees are paid. Each party owes $807.91. Plaintiff's counsel appeared at the hearing, but Defendant's counsel did not appear. Plaintiff's counsel informed the Court that he was in the process of paying the outstanding jury fees. According to Plaintif...

Excerpt: ...m representing EM Express. This order is conditioned on Mr. Zakhary serving this order upon EM Express, by and through its representative, and filing a proof of service. Once Mr. Zakhary does so, he shall be relieved. B. Order to Show Cause re: Striking the Answer of EM Express On May 5, 2022, the Court issued an Order to Show Cause why it should not strike the answer of the entity defendant—which is EM Express—for lack of representation. The...

Excerpt: ...2 Portafino Place in Whittier, California (the “Portafino property.”) Per the agreement, Barry contributed $60,000 to the down-payment of the property, and Paredes would make the mortgage payments until the time when she would repay Plaintiff and Paredes would refinance the property and pay back Barry. However, Paredes has refused to refinance the loan or sell the property, and Barry has not been reimbursed. Paredes filed a cross-complaint ag...

Excerpt: ...and Plaintiff alleges that SoCal is owned and operated solely by Shitrit. Plaintiff alleges as follows: This is a case of a husband deceiving his wife by taking title to the family home in his own name, and then systematically, though a scheme involving the co-defendants, depleting the equity from the home, causing the home to be sold, and keeping the proceeds for himself. After taking title to the family home as a single, unmarried man, Defendan...

Excerpt: ...nd about unsafe working conditions, following which he was terminated. Defendant moves for summary judgment, which Plaintiff opposes. The motion is granted. LEGAL STANDARD “[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 t...

Excerpt: ...Lindholm” or “Respondent”) to arbitrate the parties' dispute. Petitioner alleges as follows: On February 16, 2021, Petitioner and Respondent entered into a written agreement pursuant to which Petitioner would provide certain services to Respondent, including provision of space accommodations for Respondent's horses, daily feeding, and space cleaning. (Petition, ¶ 1 & Exh. 1.) The agreement has an arbitration provision. (Id., ¶ 2 & Exh. #1...

Excerpt: ...PROCEDURAL HISTORY Plaintiff filed the complaint on March 14, 2019, and a first amended complaint on March 29, 2019. Plaintiff filed two peremptory challenges under Code of Civil Procedure section 170.6, one on March 25, 2019, and another on July 23, 2019. Plaintiff's counsel did not inform the second judge that she was filing a second peremptory challenge, and the judge erroneously granted the challenge, unaware of the prior one. On July 11, 201...

Excerpt: ...h and keep accurate wage statements 5. Failure to pay compensation at the time of termination 6. Wrongful termination in violation of public policy 7. Violation of Business and Professions Code section 17200 8. Harassment under the Fair Employment and Housing Act (“FEHA”) 9. Discrimination under FEHA 10. Retaliation under FEHA Defendant moves for summary adjudication of every cause of action except the third cause of action. Defendant also mo...

Excerpt: ...t under the Fair Employment and Housing Act (“FEHA”), Government Code sections 12940 et seq. Now, Flores 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 allow a reasonable trier of fact to find the underlying...

Excerpt: ..., discrimination and retaliation under Government Code section 12940. Defendant demurs to the first amended complaint, which Plaintiff opposes. The Court overrules the demurrer with respect to the cause of action for retaliation under Labor Code section 1102.5. The Court sustains the demurrer with respect to the Fair Employment and Housing Act (“FEHA”) claims without leave to amend. PLAINTIFF'S ALLEGATIONS Plaintiff is an African-American wom...

Excerpt: ...relief, and declaratory relief. Defendants had filed an unlawful detainer case against Plaintiff, which is Case Number 21PDUD00840. The Court issued a stay of that case but ordered Plaintiff to post an undertaking. The Court now sets the amount of the undertaking at $3,700 per month and orders her to post an initial undertaking of $25,900 on or before July 14, 2022. PROCEDURAL HISTORY Plaintiff alleges as follows: Plaintiff is 85 years old and he...

Excerpt: ...cle and its “performance and any representations, omission or warranties.” Accordingly, Defendant moves to compel arbitration. Plaintiff argues that Defendant cannot enforce the arbitration agreement because it is not a signatory to the agreement. This issue has been resolved by Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486. That case held that the doctrine of equitable estoppel permitted a non-signatory automobile manufacturer to enforce...

Excerpt: ...mplaint, which Plaintiff opposes. The Court sustains the demurrer without leave to amend. PLAINTIFF'S ALLEGATIONS Plaintiff and Defendant own adjacent parcels of land. (Second Amended Complaint, ¶¶ 2-3.) At the rear of Defendant's property is a small, triangular parcel of land. (Id., ¶ 5.) Plaintiff and its successors have used this parcel since the 1970s. (Id., ¶ 6.) Plaintiff alleges that it has a “non-exclusive possessory interest” in ...

Excerpt: ...ent misrepresentation, breach of contract, professional negligence, and declaratory relief. United of Omaha demurs to the complaint, which Plaintiffs oppose. The demurrer is sustained as to the first and fourth causes of action (negligent misrepresentation and declaratory relief) without leave to amend. The demurrer is overruled with respect to the second and third causes of action (breach of contract and negligence). PLAINTIFFS' ALLEGATIONS Sinc...

Excerpt: ...ion. Under Code of Civil Procedure section 473, subdivision (a)(1), “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 of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after ...

Excerpt: ...fendant's care. On April 23, 2021, Coastline noticed Plaintiff's deposition for May 25, 2021. (See Declaration of Tracy D. Hughes, Exh. E.) On February 25, 2022, Coastline noticed Plaintiff's deposition for March 10, 2022. (Id., Exh. G.) The fact discovery deadline closed on March 20, 2022. (See Court's Minute Order, dated March 1, 2022.) However, the Court stated that it would hear any motion to reopen discovery. (See Court's Minute Order, dated...

Excerpt: ... (“Win”), (3) Jenmax Enterprises, LLC (“Jenmax”), (4) Cambridge Healthcare Services, LLC (“Cambridge”), and (5) 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 and third cause ...

Excerpt: ...ny party who does not appear shall submit to any order issued by the Court on the pending motions and Order to Show Cause. The Court authorizes the parties to appear remotely. Any party who is experiencing difficulty appearing remotely may contact the Court's clerk, Roberto Mendoza, at (213) 894-1059 for assistance. Plaintiff Sara Samourian (“Plaintiff”), by and through counsel, filed a complaint under the Song-Beverly Consumer Warranty Act a...

Excerpt: ...ive economic advantage, (3) Negligent interference with prospective economic advantage, (4) Conspiracy to commit fraud, (5) Aiding and abetting fraud, (6) Breach of oral contract, and (7) Negligence. Defendants demur to the complaint, which Plaintiff opposes. The Court sustains the demurrer with respect to the causes of action against Geus and J.G. Management, and continues the hearing on the demurrer with respect to the causes of action against ...

Excerpt: ...ntiff opposes. The Court sustains the demurrer without leave to amend. PLAINTIFF'S ALLEGATIONS Plaintiff and Defendant own adjacent parcels of land. (Second Amended Complaint, ¶¶ 2-3.) At the rear of Defendant's property is a small, triangular parcel of land. (Id., ¶ 5.) Plaintiff and its successors have used this parcel since the 1970s. (Id., ¶ 6.) Plaintiff alleges that it has a “non-exclusive possessory interest” in the parcel of land....

Excerpt: ...d arbitration agreement by a preponderance of the evidence, while a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. The trial court sits as the trier of fact, weighing all the affidavits, declarations, and other documentary evidence, and any oral testimony the court may receive at its discretion, to reach a final determination.” (Ruiz v. Moss Bros. Auto Group, Inc. (2...

Excerpt: ...apportionment, implied/equitable indemnity, express indemnity, and declaratory relief against 16 cross-defendants, including Donald F. Dickerson Associates (“Dickerson”). Dickerson demurs to the first and second causes of action, for contribution/apportionment and implied/equitable indemnity. “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4...

Excerpt: ...cle and its “performance and any representations, omission or warranties.” Accordingly, Defendant moves to compel arbitration. Plaintiff argues that Defendant cannot enforce the arbitration agreement because it is not a signatory to the agreement. This issue has been resolved by Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486. That case held that the doctrine of equitable estoppel permitted a non-signatory automobile manufacturer to enforce...

Excerpt: ...h and keep accurate wage statements 5. Failure to pay compensation at the time of termination 6. Wrongful termination in violation of public policy 7. Violation of Business and Professions Code section 17200 8. Harassment under the Fair Employment and Housing Act (“FEHA”) 9. Discrimination under FEHA 10. Retaliation under FEHA Defendant moves for summary adjudication of every cause of action except the third cause of action. Defendant also mo...

Excerpt: ...ved, (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, Jamal Dawood, Global Meat Federation, Inc. (“GMF”), Medline Management Corporation, and Colony Capital, LLC (collectively, “Defendants”) demu...

Excerpt: ...the Court on this motion. INTRODUCTION Plaintiff Oaktree Legal Services (“Plaintiff”) filed this action against its former client, Lillian Yamashita (“Yamashita”) after she retained new counsel, co-defendants Anthony John O'Farrill and the Law Office of Anthony John O'Farrill (collectively, “O'Farrill”). Plaintiff asserts causes of action for breach of contract and fraud against Yamashita and intentional interference with contractual ...

Excerpt: ...nation, retaliation, intentional infliction of emotional distress, and unfair competition. Defendants did not comply with their discovery obligations. Plaintiff filed motions to deem the matters specified in the Requests for Admission (“RFAs”) to have been admitted against the firm, Calabria, and Hernandez. The prior judge, Judge Elizabeth R. Feffer, held a hearing on these motions on July 29, 2019, following which she granted the motions: Th...

Excerpt: ...ed permanently by Wavestream and eventually was terminated by Express Services. Plaintiff filed his original complaint on May 31, 2019, after he filed a complaint with the Department of Fair Employment and Housing and received a right-to-sue letter against “Express Employment Professionals.” Express Services filed a motion for summary judgment arguing, among other things, that Plaintiff had named the wrong entity as the employer. Plaintiff so...

Excerpt: ..., 2022. Although the Court granted an ex parte application to continue the trial date, it denied the application to the extent it sought to continue the discovery deadlines. Accordingly, the deadline to disclose experts was May 31, 2022, and the expert discovery cut-off is July 5, 2022. Now, Defendant moves to compel further responses to certain special interrogatories and requests for production of documents seeking to ascertain the basis of Pla...

Excerpt: ...xclusive licensing agreement with SARD on December 16, 2011. Plaintiff alleges that this agreement granted Defendants a license to use NK-92 cell for limited research and development purposes. Plaintiff alleges that Defendants were not authorized to modify the cell line or use the cell line for commercial purposes, like potency or quality control release assays. Plaintiff alleges that Defendants violated both prohibitions, as a result of which Pl...

Excerpt: ...controversy. (Gamboa v. Northeast Community Clinic (2021) 72 Cal.App.5th 158, 165.) If the moving party meets the initial burden, the opposing party bears the burden of producing evidence to challenge the authenticity of the arbitration agreement. (Ibid.) If the opposing party meets this burden, then the moving party must establish with admissible evidence a valid arbitration agreement between the parties. (Ibid.) In this case, Defendants produce...

Excerpt: ...ly may call the Court's clerk, Robert Mendoza, at (213) 633- 0159 for assistance. Plaintiff filed this complaint to enforce and collect money due on a Medi-Cal creditor's claim, under Welfare and Institutions Code section 14009.5. In brief, Plaintiff alleges as follows: Barbara Harris, also known as Barbara Jean Harris, died on or about January 14, 2016, while in possession of real and personal property with an approximate value of $537.339. (Com...

Excerpt: ...intiff alleges that she was sexually harassed by a supervisor, and when she reported the issue, Defendant initiated a retaliatory and discriminatory charge of time theft against Plaintiff, placed her on administrative leave, and subjected her to constructive discharge following a Skelly hearing. On February 17, 2022 the Court granted summary adjudication of the second, third, fourth, fifth, and sixth causes of action. The Court ruled that the cas...

Excerpt: ...ionwide 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. Defendants represent that “[t]he owner and developer of the project was MCREF” and “[t]he general contractor of the project was MCRT” and the Trust was “the parent holding company of the ot...

Excerpt: ...d. Plaintiffs asserted two causes of action in the first amended complaint, intentional interference with prospective economic relations and fraud. Defendants demurred to the complaint and moved to strike allegations relating to Plaintiffs' request for attorney's fees. Then, Plaintiffs dismissed the cause of action for fraud without prejudice and oppose the demurrer and motion to strike. The Court sustains the demurrer without leave to amend. PLA...

Excerpt: ...rity against the loan. Plaintiff alleges that Defendants foreclosed on the property, even though Plaintiff's interest in the property was superior to that of Defendants' interest. Plaintiff asserts the following causes of action against Defendants: (1) Slander of deed of trust, (2) Declaratory relief, (3) Enforcement of judgment, (4) Cancellation of instruments, (5) Violation of Civil Code section 2924, et seq., and (6) Violation of quiet title. ...

Excerpt: ...s and their security company—Metropole Security Services, Inc. (“Metropole”)—as defendants. Now, Metropole moves to strike the prayer for punitive damages, which Plaintiffs oppose. The motion is granted. PLAINTIFFS' ALLEGATIONS On March 25, 2019, Plaintiffs returned home and realized that they were locked out of the apartment complex. (First Amended Complaint, ¶ 20.) Richard Dabbs then remembered that he had left the back patio door to h...

Excerpt: ...ed this motion, Plaintiff dismissed his first, second, and third causes of action. Therefore, the remaining causes of action are as follows: Fourth COA – Wrongful termination in violation of public policy Fifth COA – Whistleblower retaliation in violation of Labor Code section 1102.5 Sixth COA – Violation of Labor Code section 232.5 Seventh COA – Intentional infliction of emotional distress Eighth COA – Defamation Plaintiff opposes summ...

Excerpt: ...Court's orders, and the Court finds that these violations have been willful. The Court orders Plaintiff to pay Defendant a discovery sanction of $2,200. The Court grants the motion for terminating sanctions but stays the order and shall afford Plaintiff one additional opportunity to submit the vehicle for a vehicle inspection. PROCEDURAL HISTORY Plaintiff filed this action on March 2, 2020, and the Court held a case management conference on Septe...

Excerpt: ...n. Then, Plaintiff filed a Notice of Settlement on March 21, 2022, approximately 19 months after the case was filed. Now, Plaintiff's counsel seeks attorney's fees in the amount of $27,817.50 and costs of $1,380.90, for a total of $29,198.40. The determination of reasonable amount of attorney fees is within the sound discretion of trial courts. (PLCM Group v. Drexler (2000) 22 Cal.4th 1084, 1095; Akins v. Enterprise Rent‐A‐Car Co. (2000) 79 C...

Excerpt: ...ation of the California Identity Theft Law, Civil Code section 1798.92 et seq. Defendant served a subpoena upon JP Morgan Chase Bank (“JP Morgan”). California Rules of Court, rule 3.1346 requires that a motion to compel documents from a third-party be served personally unless the deponent consents to service by another means. Defendant's counsel's declaration makes clear that JP Morgan accepted service of the subpoena and does not intend to c...

Excerpt: ...on 1942.4, nuisance, and unfair competition. Defendants filed a first amended cross-complaint asserting causes of action for breach of lease, negligence, interference with contractual relations, negligent interference with economic relations, and private nuisance. Plaintiffs filed a motion for judgment on the pleadings with respect to each cause of action. The motion is denied. LEGAL STANDARD A motion for judgment on the pleadings has the same fu...