Excerpt: ...0014001c[ SUPPLEMENTAL OPP: Filed September 18, 2019 SUPPLEMENTAL REPLY: Filed September 23, 2019 <0052005100030057005200 004400550045004c0057[ration is GRANTED as to those claims relating to the employment commencing June 4, 2018 and arising under the Employment Agreement. The remaining claims are stayed pending the arbitration. Counsel for Defendant to give notice. BACKGROUND This is an employment law case that arises out of Jason Wimberly (“...

Excerpt: ...200550003[summary judgment is GRANTED. Counsel for the moving party to give notice. BACKGROUND This is a personal injury case. The complaint alleges that on or about May 22, 2015, Davon Raydale Thomas and Hertz Vehicles, LLC “so negligently owned, controlled, repaired, entrusted, maintained, and operated an automobile as to cause it to, and it did, become involved in an accident or collision, injuring and damaging Plaintiffs Vincent D. Austin a...

Excerpt: ...tice requirement set forth in Labor Code § 2699 subd. (l)(2) has been satisfied, precluding approval of the settlement until such proof has been submitted. BACKGROUND On September 18, 2018, Ryan Walters (“Plaintiff”) commenced this representative action against U.S. Concepts, LLC, MKTG, INC (“Defendant”) pursuant to California's Private Attorney General's Act of 2004 (“PAGA”). The Complaint alleges that for at least one year prior to...

Excerpt: ...0029004c004f004800 00450048005500030014[1, 2019 <0003000300030003000300 00360048005300570048[mber 17, 2019 <000300030037004b004800 00570052000300460052[mpel further discovery responses is DENIED. Counsel for the moving party to give notice. BACKGROUND This wrongful termination action arises in connection with Plaintiff Joe Allen (“Allen”)'s alleged employment with Defendant Dehumidification Technologies, LP (“DH Tech,” erroneously sued as...

Excerpt: ...30003000300 004f005c000300160014[, 2019 <00030029004c004f004800 00450048005500030014[1, 2019 <0003000300030003000300 00360048005300570048[mber 17, 2019 <0003000300270048004900 00470048005000580055[rer to the complaint is SUSTAINED with 20 days leave to amend. The motion to strike is <0003005700520003004a00 4c005900480003[ notice. BACKGROUND This action arises out of allegations that Jose Luis Venegas and Alicia Venegas (“Plaintiffs”) allegedl...

Excerpt: ...04800 000300150013000f0003[2019 <0003000300030003000300 00360048005300570048[mber 16, 2019 <000300030037004b004800 00570052000300560057[rike portions of Plaintiff's third amended complaint is DENIED. Plaintiff's counsel to give notice. BACKGROUND This case arises from allegations that Plaintiff Gregory John Genco, Jr. (“Genco”) was assaulted and battered while and immediately after he suffered from a seizure during a concert hosted at the Hol...

Excerpt: ...ies, Inc. <0003000300030003000300 00550046004b00030015[5, 2019 <00030029004c004f004800 00450048005500030014[0, 2019 <0003000300030003000300 00360048005300570048[mber 16, 2019 <000300030037004b004800 00570052000300540058[ash by Steven Marcus is DENIED and the motion to quash by Bugsby Property, LLC is GRANTED. The alternative motion on forum non conveniens is denied. Counsel for the moving parties is to give notice. BACKGROUND This action arises f...

Excerpt: ...et aside/ vacate the Settlement Agreement is DENIED. Counsel for Defendant to give notice BACKGROUND This action arises out of allegations that the owner of Styl'n Construction, Inc., Mike Flavin, (collectively, “Flavin”) fraudulently induced Kermin and Tony Rochman (collectively, “Rochmans”) into entering an agreement whereby Flavin would perform construction work to improve Plaintiff's home. (the “Agreement”) The Complaint alleges t...

Excerpt: ...00490049000300 002a0058005c00570044[n <0003000300030003000300 004f005c00030015000f[ 2019 <00030029004c004f004800 00450048005500030017[, 2019 <0003000300030003000300 00360048005300570048[mber 10, 2019 <000300030037004b004800 00550003005700520003[the complaint is OVERRULED. Counsel for the demurring party to give notice. BACKGROUND This is action arises from Anthony Guytan's (“Plaintiff”) employment with Swift Transportation from 2015-2016. The...

Excerpt: ... the statements relating to actions of Judge Chalfant in Plaintiff's Supplemental Complaint is GRANTED. The motion regarding paragraphs 29, 32, and 33 is DENIED. The court would like to hear argument from counsel regarding paragraphs 34 & 35. Counsel for the moving party to provide notice. BACKGROUND This case arises out of a dispute between two brothers, Brian and Drake Kennedy, who are the directors, officers, and shareholders or board members ...

Excerpt: ...30017>, 2019 <0003000300030003000300 00360048005300570048>mber 5, 2019 <000300030037004b004800 00490052005500030052>rder releasing and paying to Defendant Plaintiff's vexatious litigant security is DENIED without prejudice. Defendant's counsel to give notice. BACKGROUND This case concerns a written agreement that plaintiff Jeanette Martello ("Plaintiff').allegedly entered into with her patient Stella Madrid ("Ms. Madrid") on June ...

Excerpt: ...480053005700480050>ber 12, 2019 TENTATIVE:<0003005700520003004600 00570055004c0044004f> is GRANTED to a mutually acceptable date to be determined at the hearing, but pre- trial dates are not continued. The status conference is continued to seven days before the new trial date. Counsel for Plaintiffs to give notice. BACKGROUND This action arises out of an alleged conspiracy by Defendants to defraud foreign investors in connection with an investmen...

Excerpt: ... Siva Arunasalam (“Defendant”). Plaintiff states that it provided Defendant legal services pursuant to the written agreement but Defendant failed to make agreed upon payments in return. On May 26, 2017, Plaintiff filed the operative complaint against Defendant for breach of contract and common counts. On November 17, 2017, the court dismissed the case without prejudice after counsel for the respective parties represented that a settlement has...

Excerpt: ...demurrer to the seventh cause of action for fraud by omission <0056000300520049000300 004c00560003[ DENIED. Counsel for Defendant to give notice. BACKGROUDN This is a breach of warranty action concerning a 2011 GMC Terrain (the “Subject Vehicle”) that Jose Martinez (“Plaintiff”) allegedly purchased with an express warranty on or about December 11, 2010 from Manteca Auto Plaza. The operative complaint alleges that the Subject Vehicle conta...

Excerpt: ...e and Disclosure Statement (hereinafter “Note”) that Vegan House Restaurant allegedly entered into with LOANME, INC. for the issuance of a loan and which Warini Soonthornsawat (“Defendant”) allegedly personally guaranteed. According to the Complaint, pursuant to the terms of the Note, LOANME, INC. loaned a sum of money to Vegan House Restaurant under loan account number ending in XXX813 (the “account”) in exchange for Vegan House Rest...

Excerpt: ...9004c004f004800 000300150015000f0003[2019 RECOMMENDATION: The petition to compel arbitration is GRANTED; the remaining action against Ygrene will be stayed pending completion of the arbitration. Counsel for the moving party to give notice. BACKGROUND This action arises out of allegations that Jose Luis Venegas and Alicia Venegas (“Plaintiffs”) allegedly entered into a contractual agreement with Defendant The United Solar, Inc. concerning the ...

Excerpt: ...003004400560003004c00 00560003005700520003[Plaintiff's Request for <000f00030015001a000f00 0003[ <0057004c00520051000300 4c00560003[ otherwise DENIED. Counsel for Plaintiff to give notice. Background This is a breach of warranty case concerning a 2011 GMC Acadia (the “Subject Vehicle”) that General Motors, LLC (“Defendant”) allegedly manufactured and/or distributed and which Sandra Pena allegedly purchased from Mark Christopher Auto Cente...

Excerpt: ..., third, fourth and fifth causes of action in the complaint is OVERRULED. Counsel for the demurring party to provide notice. Background This case arises in connection with a 2015 Hyundai Santa Fe (the “Subject Vehicle”) Tadea <0003004900550052005000 0051004600110003000b[“Keyes”). The Complaint alleges that the Subject Vehicle was advertised under the Hyundai Certified Pre-Owned program (“CPO”) and sold to Plaintiff as a CPO. The Compl...

Excerpt: ...0300030003> RECOMMENDATION: The court DENIES the requests for entry of default judgment without prejudice as Default has not been entered against Defendant M & R Apparel, Inc. Counsel for Plaintiff to give notice. <0003000300030003000300 00030003000300030003><0003000300030003000300 00030003000300030003> I. BACKGROUND This employment action arises from allegations that Defendant M & R Apparel, Inc. (“M&R”) engaged in violations of the Fair Emp...

Excerpt: ... MOTION<004f004800470003003000 0003001500130014001c[/August 6, 2019 for brief OPPOSITION<0056005700030014001800 0f0003001500130014001c[ REPLY<00030029004c004f004800 000300150014000f0003[2019 RECOMMENDATION: The motion is DENIED. The denial of the motion to consolidate is without prejudice. Counsel for Defendants to provide notice. Background Plaintiff Anthony A. Patel (“Patel”) and Defendant Sonya Bhatia (“Bhatia”) were married in October...

Excerpt: ...OPPOSITION: Filed July 25, 2019 REPLY: Filed July 31, 2019 TENTATIVE: Defendants' WME IMG, LLC & William Morris Endeavor Entertainment, LLC's demurrers to the third, fourth, and fifth cause of action in the Complaint are SUSTAINED with 20 days leave to amend. Counsel for Defendants to give notice. Background This is a breach of contract action arising out of two written marketing agreements (the “NABC- WABC Agreement” and the “Marketing and...

Excerpt: ...motion to stay proceedings in this matter is GRANTED pending completion of the arbitration. Counsel for Defendant to give notice. Background This is an employment case arising out of allegations that Hot Topic, Inc. (“Defendant”) terminated Raul Martinez (“Plaintiff”)'s employment as a full-time assistant manager at Hot Topic's retail location located in South Bay, California because Plaintiff complained that Defendant unlawfully required...

Excerpt: ...NDANTS' MOTION TO STRIKE PORTIONS OF THE SECOND AMENDED COMPLAINT FILING DATE: Filed May 29, 2019 OPPOSITION: Filed July 24, 2019 REPLY:<0013000f00030015001300 14001c[ TENTATIVE: The motion to strike portions of the second amended complaint is DENIED. Counsel for the Defendants to give notice. Factual Background This case arises in connection with the sale of the assets of ATI Systems International, Inc. (“ATI”) to Garda USA, Inc. (“Garda�...

Excerpt: ...00570052> dismiss is DENIED and Plaintiff's request for sanctions is DENIED. Counsel for the Defendant to give notice. Background This is a breach of contract case arising from an oral agreement between Lupe Powell (“Plaintiff”) and Defendants Lucie Idleman and Jonathan Christodoro (collectively, “Defendants”). The Complaint alleges that Defendants formed a partnership for purposes of purchasing, remodeling, and selling residential proper...

Excerpt: ... Filed July 29, 2019 TENTATIVE: The demurrer to the fourth cause of action for fraudulent concealment is SUSTAINED and the motion to strike the request for punitive damages from the Prayer for Relief is GRANTED. Plaintiff is granted 25 days from this date to amend. Counsel for the Defendant to give notice. Background This case arises in connection with a 2013 Nissan Sentra (the “Subject Vehicle”) that Sergio L. Cazares and Jose de Jesus Cazar...