Excerpt: ...es, however, that other trial court rulings are not binding on this Court. Plaintiff Kimberly Gonzalez's evidentiary objections are OVERRULED. In this motion, defendants Dollar Tree and Ramirez seek to compel arbitration of plaintiff Kimberly Gonzalez's claims against them. The Court finds that plaintiff agreed to arbitration of the causes of action asserted in this action by acknowledging the Mutual Agreement to Arbitrate Claims (“Agreement”...

Excerpt: ...ue No. 1: Whether Dobacor is entitled to adjudication on its claim for back rent in its first cause of action for breach of contract because Cuvee has failed to pay rent amounts owed to Dobacor since November 2017. (UMF 1-9) Plaintiff Dobacor HQ LLC (“Dobacor”) presents evidence that defendant Cuvee breached the terms of the lease by failing to pay rent owed from November 2017 to April 2018. (UMF 6, 7.) Cuvee does not dispute liability. (Resp...

Excerpt: ...to Special Interrogatories, Set One is GRANTED. I. MOTION TO COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION, SET ONE Plaintiff Faraz Tajik's evidentiary objections are OVERRULED. With the exception of Request No. 39, the Court find that plaintiff demonstrates good cause for the discovery sought. Based on plaintiff's allegations regarding engine, check engine light, and break defects in the subject vehicle (Compl. ¶ 9), plaintiff is entitled ...

Excerpt: ... seek the facts, witnesses, and documents supporting Regan's allegations made in this litigation, as well as the identification of damages and bases for damages that Regan seeks in this action. On November 4, 2021, after the motion was filed, Regan served supplemental responses. (Hames Decl. ¶ 5 & Ex. 1.) However, the responses remain inadequate for the reasons discussed below. With respect to Special Interrogatory Nos. 1-5, 8-10, 12-76, 78, 79,...

Excerpt: ...ally harassing conduct. According to witness Suzanne Emmerling's testimony, Bahr allegedly told Emmerling that Jacobs treated her similarly as plaintiff alleges in this action. (Wells Motion Decl. ¶ 4 & Ex. 1 at 33:10-15.) Defendant City of Los Angeles maintains that Bahr cannot sit for deposition due to a medical condition. In support of this assertion, defendant submits letters from physician Daniel J. Wallace, M.D., F.A.C.P., M.A.C.R. Dr. Wal...

Excerpt: ...� 425.16(c), the Court finds that cross-defendants Kamelia Jalilvand and Jalilvand Law Corporation are entitled to recover the reasonable fees and costs incurred in moving to strike the Cross-Complaint. Absent any opposition, the Court finds that the $800.00 hourly rate of attorney Jeff Lewis, the $450.00 hourly rate of attorney Sean Rotstan, and the $225.00 hourly rate of paralegal Jason Ebbens are reasonable. (Lewis Decl. ¶¶ 6, 7 & Ex. 2.) Al...

Excerpt: ...iciency of Allegations against Defendant Tommy Valentin Defendants contend that plaintiff Michael Mendez's harassment claim against defendant Tommy Valentin fails because plaintiff does not establish that the alleged conduct between Valentin and Jane MG Doe constituted sexual harassment. Defendants characterize the relationship between Valentin and Jane MG Doe as consensual and, based on this theory, Jane MG Doe was not subject to unwelcome sexua...

Excerpt: ...ing an electrical, engine, and transmission defect in the subject vehicle (Compl. ¶ 8), plaintiff is entitled to discovery that is probative of defendant's knowledge of electrical, engine, and transmission defects in 2012 Nissan Rogues, including in vehicles other than the subject vehicle, and defendant's handling of complaints and repurchases. (Donlen v. Ford Motor Company (2013) 217 Cal.App.4th 138, 143-44; Doppes v. Bentley Motors, Inc. (2009...

Excerpt: .... (“SpaceX”), Michael Andrews, Mason Falk, and Kathryn Ockerman (formerly known as Kathryn Peterka) seek to compel arbitration of plaintiff's claims against defendants. The Court finds that, by electronically signing the Employee Arbitration and Dispute Resolution Agreement and Class Action Waiver (“Agreement”), plaintiff agreed to submit all his claims between him and SpaceX to arbitration. (Dhillon Decl. ¶ 5 & Ex. A.) The Court also fi...

Excerpt: ...fendants' filing of a signature page for defense counsel's declaration on November 2, 2021. With respect to the motion for summary judgment and the motion for summary adjudication as to Issue No. 1 concerning the first cause of action for Fraud and Deceit, defendants Konstantios Raptakis and Michelle Kim contend that plaintiffs were charged with investigating the permit requirements for the subject property. Defendants refer to the California Res...

Excerpt: ... arbitration award, but only when the fees are authorized by contract. (Marcus & Millichap Real Estate Investment Brokerage Co. v. Woodman Investment Group (2005) 129 Cal.App.4th 508, 513, citing CCP § 1033.5(a)(10)(A) and 1293.2.) The potential fee provision states, in relevant part, “Any dispute shall be subject to binding arbitration conducted before a single arbitrator in Los Angeles in accordance with the rules of the American Arbitration...

Excerpt: ...on for Discrimination Based on Race, the third cause of action for Retaliation for Opposing Violations of FEHA, the fourth cause of action for Failure to Prevent and Stop Harassment, Discrimination, and Retaliation, and the fifth cause of action for Whistleblower Retaliation in Violation of Labor Code § 1102.5, defendant County of Los Angeles argues that plaintiff fails to allege an adverse employment action. “[C]o-worker hostility or retaliat...

Excerpt: ...f Michael Smith's Motion to Compel Further Responses from Center for Diagnostic Imaging, Inc. to Form Interrogatories-Employment, Set One is GRANTED. In these two motions, plaintiff Michael Smith seeks further responses from defendant Center for Diagnostic Imaging, Inc. to Form Interrogatories-General, Set One, Nos. 1.1, 3.7, 4.1, 4.2, 12.1, 15.1, 16.1, 16.2, 16.3, 16.4, 16.5, 16.6, 16.7, 17.1, 50.1, 50.2, 50.3, 504., 50.5, and 50.6 and Form Inte...

Excerpt: ...ause plaintiffs do not specify whether the contracts were written, oral, or implied; the terms of the contracts; and what terms were breached. With respect to the form of the contract, plaintiffs allege that the contract between them and defendants is a “written lease.” (Compl. ¶ 1.) Even though plaintiffs also allege that the contracts between them were “written, oral, and implied” (Compl. ¶ 16), it is possible that that the relevant c...

Excerpt: ...o Compel Further Responses to Form Interrogatories, Set One is GRANTED. Defendant Petros Taglyan's Motion to Compel Further Responses to Special Interrogatories, Set One is GRANTED. I. MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION, SET ONE Defendant Petros Taglyan seeks further responses to Request for Production, Set One, Nos. 2-5, 7, 8, 10- 12, 14-28, and 30-43 from plaintiff Western Diocese of the Armenian Church of North Ameri...

Excerpt: ...d on May 10, 2021. The Court disregards the Request for Judicial Notice untimely filed by Steven Lengyel on October 27, 2021. A court may grant discretionary relief under CCP § 473(b) from a voluntary dismissal pursuant to a settlement agreement based on mistake, inadvertence, surprise, or excusable neglect. (Jackson v. Kaiser Foundation Hospitals, Inc. (2019) 32 Cal.App.5th 166, 174; Zamora v. Clayborn Contracting Group, Inc. (2002) 28 Cal.4th ...

Excerpt: ...VERRULED. The Court finds that it may exercise specific jurisdiction over Daimler. “Specific jurisdiction results when the defendant's contacts with the forum state, though not enough to subject the defendant to the general jurisdiction of the forum, are sufficient to subject the defendant to suit in the forum on a cause of action related to or arising out of those contacts. Specific jurisdiction exists if: (1) the defendant has purposefully av...

Excerpt: ...��) requests for judicial notice of the following are GRANTED, pursuant to Evidence Code § 452(h). 1. American Arbitration Association Employment Arbitration Rules and Mediation Procedures (Exhibit 1) 2. American Arbitration Association Employment/Workplace Fee Schedule (Costs of Arbitration) (Exhibit 2) The request for judicial notice as to Exhibit 3, the Modified Second Amended Joint Chapter 11 Plan of Liquidation (Dated July 2, 2020) of the D...

Excerpt: ...RT AS MOOT and GRANTED IN PART. I. DEMURRER TO COMPLAINT With respect to the second cause of action for age harassment in violation of the Fair Employment and Housing Act (“FEHA”) and third cause of action for sexual harassment in violation of FEHA, “[i]n order to withstand a demurrer for failure to allege exhaustion of available administrative remedies, the plaintiff must allege facts showing that he did exhaust administrative remedies or ...

Excerpt: ..., LLC (“WSM”) seeks to quash the subpoena issued by plaintiff/cross-defendant Fidelity National Title Insurance Company (“Fidelity”) to William Waller, Esq., the attorney who represented WSM's predecessors in their purchase of real property in 2017, to appear for the evidentiary hearing concerning whether Christopher Beck and/or Newmark Knight Frank (“Newmark”) acted as a dual agent/broker for the purchaser and seller of the subject p...

Excerpt: ...TED: 1. Case Summary in Lupe Garcia v. Estate of Jose Heriberto Sanchez, LASC Case No. BC5147255 (Exhibit A) 2. Order on Demurrer to Second Amended Petition in Lupe Garcia v. Cecilia Luna Sanchez, Successor Trustee, LASC Case No. BP168504 (Exhibit B) 3. Decision from California Court of Appeal affirming entry of judgment in in Lupe Garcia v. Cecilia Luna Sanchez, Successor Trustee, LASC Case No. BP168504 (Exhibit C) 4. Judgment of Dismissal After...

Excerpt: ... Harmandjian does not dispute that the entire policy was not attached to the First Amended Complaint (“FAC”). A “pleader should not be allowed to bypass a demurrer by suppressing facts which the court will judicially notice.” (Legg v. Mutual Ben. Health and Acc. Ass'n (1960) 184 Cal.App.2d 482, 488; see also Scott v. JPMorgan Chase Bank, N.A. (2013) 214 Cal.App.4th 743, 753‐54 [judicial notice of Purchase and Assumption Agreement in sus...

Excerpt: ...VERRULED. Although the supplemental declarations contain new evidence, defendants may respond to the supplemental declarations during oral argument. (Wall Street Network, Ltd. v. New York Times Co. (2008) 164 Cal.App.4th 1171, 1183 [“a trial court may properly consider new evidence submitted with a reply brief ‘so long as the party opposing the motion for summary judgment has notice and an opportunity to respond to the new material'”].) Def...

Excerpt: ...MW is sufficient for her to authenticate the Motor Vehicle Lease Agreement (“Lease”) containing the arbitration provisions at issue. (Mendoza Decl. ¶¶ 1, 2 & Ex. A.) Defendants may also invoke the “business records” exception to the hearsay rule because Mendoza avers that the Lease was made in the regular course of business (id. ¶ 2), that plaintiff executed the Lease at the time she leased the subject vehicle (id. ¶¶ 2, 3), and that...

Excerpt: ...ndant The Regents of the University of California (“UCLA”) demurs to the eighth cause of action for Violation of Government Code § 8547 et seq. on two grounds: (1) a Department of Fair Employment and Housing (“DFEH”) complaint is not the type of complaint that may satisfy Government Code § 8547.10's exhaustion requirement; and (2) plaintiff did not comply with Government Code § 8547.10(c)'s exhaustion requirement because her DFEH compl...