Excerpt: ...ng a 1968 memo and Washington Post article. Defendant argues evidence of the Navy's knowledge and negligence is relevant under California law to prove Defendant's negligence and that Defendant is entitled to prove Valdez' injury was caused by the negligence of a third party, the Navy. Plaintiff did not show there is no evidence of the Navy's knowledge. In opposing causes of action for negligence and strict liability, a defendant may assert and se...

Excerpt: ...raining, and retention of employees; (7) failure to pay wages and/or overtime; (8) violation of Business and Professions Code section 17200; and (9) constructive discharge in violation of public policy. On May 27, 2022, Defendants filed a motion to compel arbitration and stay the action pending the completion of arbitration. When seeking to compel arbitration of a plaintiff's claims, the defendant must allege the existence of an agreement to arbi...

Excerpt: ...led a demurrer and a motion to strike. 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, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.) A. First Cause of Action – Fraudulent Concealment Fraud based on concealment ...

Excerpt: ...accompanying declaration. The Court may order that a record be filed under seal only if it finds that (1) there is an overriding interest that overcomes the right of public access to the record, (2) the overriding interest supports sealing the record, (3) a substantial probability exists that the overriding interest will be prejudiced absent sealing, (4) the proposed sealing is narrowly tailored, and (5) no less restrictive means exists to achiev...

Excerpt: ...Ex. D.) On June 9, 2022, Plaintiffs filed a motion for attorney fees, costs, and expenses. Plaintiffs' Objection Nos. 1-4 are overruled. As the prevailing party, Plaintiffs are entitled to an award of reasonable attorney fees. (Civ. Code, § 1794, subd. (d).) California courts apply the “lodestar” approach to determine what fees are reasonable. (See, e.g., Holguin v. DISH Network LLC (2014) 229 Cal.App.4th 1310, 1332.) This inquiry “begins ...

Excerpt: ...edars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.) Courts also consider exhibits attached to the complaint and incorporated by reference. (See Frantz v. Blackwell (1987) 189 Cal.App.3d 91, 94.) A. First and Second Causes of Action – Breach of Contract The standard elements of a claim for breach of contract are (1) the contract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) damage to plaint...

Excerpt: ...camera regarding issues of dishonesty including items 1-16 as listed in the motion at pages 1-2. The Court will review the Vega and Miramontes personnel files regarding issues of dishonesty and use of excessive force as stated in items 1-16. Defendant argued at the initial hearing that items 1-7 listed on pages 2-3 of the motion are too broad. Item 6, which concerns previous employment or experience, is not related to dishonesty or use of excessi...

Excerpt: ...reimburse TIAA, and Dr. Shafiq breached a guaranty in connection with the Master Lease Agreement. TIAA also alleged an account stated against both defendants for the $52,420.26. On January 24, 2020, Shafiq filed a cross-complaint against Canon Medical Finance Systems USA, Inc. (“Canon”) and TIAA, alleging a declaratory relief cause of action seeking a determination about various contractual matters under the Master Lease Agreement, unjust enr...

Excerpt: ...ing interest will be prejudiced absent sealing, (4) the proposed sealing is narrowly tailored, and (5) no less restrictive means exists to achieve the overriding interest. (California Rules of Court, rule 2.550(d).) A motion seeking an order sealing records must be accompanied by a declaration containing facts sufficient to justify the sealing. (California Rules of Court, rule 2.551(b)(1).) A. Exhibit in Opposition to MIL No. 6 On April 7, 2022, ...

Excerpt: ...anted Plaintiff's motion to set aside the dismissal. On March 11, 2021, Defendant filed an answer and cross-complaint. At the March 9, 2021 case management conference, the Court scheduled a jury trial for March 28, 2022. On March 11, 2022, the Court continued the trial to August 22, 2022. On May 25, 2022, the Court granted Defendant's motion for judgment on the pleadings with 10 days' leave to amend. The Court also continued the trial to October ...

Excerpt: ...d Defendant had engaged in unfair business practices by retaining, collecting, and demanding illegal rent in violation of LARSO, and Plaintiff sought restitution of all illegally collected and retained rents, adjustment of future rents, injunctive relief, and attorney fees. On February 23 and 2024, 2022, the Court tried the section 17200 cause of action first in a bench trial. After post-trial briefing, the Court issued a tentative decision and p...

Excerpt: ... when water leaked from Unit 1004 to Unit 904. The complaint also alleges that Davidoff breached the lease with Plaintiffs by failing to timely make appropriate repairs after the leak. On April 11, 2022, Wilshire Manning filed a first amended cross-complaint (“FACC”) against Dacarett-Char and Davidoff, alleging breach of contract, express indemnity, implied indemnity, comparative contribution, total equitable indemnity, and declaratory relief...

Excerpt: ...ful misconduct, and (5) wrongful death. On May 26, 2022, Plaintiffs filed a motion for an order to conduct pretrial discovery of the financial condition and net worth of Defendants Genesis Healthcare, Inc. (“Genesis Inc.”), Summit Care, LLC (“Summit”), Montebello Care Center, LLC dba Montebello Care Center (“Montebello LLC”), and Genesis Administrative Services LLC (“Genesis LLC”) (collectively, “Defendants”). Plaintiffs' obje...

Excerpt: ...y of Judgment stating they had settled their dispute and agreed that Zubaid and Sanittek would make payments and that if they failed to make the payments, a judgment would be entered against them. On May 5, 2022, Plaintiff filed the Stipulation for Entry of Judgment and a proposed judgment against Zubaid and Sanittek, stating those two defendants had failed to make the agreed-upon payments. Plaintiff requested the judgment be entered against them...

Excerpt: ...tered a judgment of dismissal on February 14, 2022. On April 13, 2022, Defendant filed a motion for attorney fees. The Court continued the original May 13, 2022 hearing so Plaintiff could file an opposition. A. Availability of Attorney Fees Defendant seeks attorney fees of $13,450 pursuant to contact, plus $60 in filing fees for the motion. Attorney fees are recoverable only when authorized by contract or law. (Code Civ. Proc., § 1033.5, subd. (...

Excerpt: ...e truth of the contents of the documents. EVIDENTIARY OBJECTIONS A. Defendant's Objections to the Declaration of Brad Avrit Nos. 1-11: Overruled. Avrit's qualifications are based on his status as a licensed civil engineer with extensive experience in consulting and accident investigation and reconstruction. (Avrit Decl. ¶¶ 2-3.) Defendants did not show that a contractor's license is required to form the opinions he expressed. (See Reply at p. 5...

Excerpt: ...position. The Court granted the ex parte application and continued the jury trial to September 26, 2022. On April 28, 2022, Strada filed this motion for leave to file a first amended cross-complaint (“FACC”). The Court may, in its discretion and after notice to the adverse party, allow an amendment to any pleading. (Code Civ. Proc., § 473, subd. (a)(1).) A motion to amend a pleading must include a copy of the proposed amendment or amended pl...

Excerpt: ... party, Plaintiff is entitled to an award of reasonable attorney fees. (Civ. Code, § 1794, subd. (d).) California courts apply the “lodestar” approach to determine what fees are reasonable. (See, e.g., Holguin v. DISH Network LLC (2014) 229 Cal.App.4th 1310, 1332.) This inquiry “begins with the ‘lodestar,' i.e., the number of hours reasonably expended multiplied by the reasonable hourly rate.” (PLCM Group v. Drexler (2000) 22 Cal.4th 1...

Excerpt: ...11, 2022. Borzina's counsel, who also represents Plaintiffs, did not provide available dates for the deposition, so Defendant moved to compel the deposition. Defendant argues that Borzina's counsel agreed to provide a deposition date but never did. Defendant contends Borzina has relevant information because Plaintiffs rented a house from her and made a claim for property damage while they were renting the house, and they were still renting the ho...

Excerpt: ...nses with objections. On May 16, 2022, Plaintiff filed three motions to compel further responses to the first set of requests for production, second set of requests for production and second set of special interrogatories. The Court rules as follows: First Set of Requests for Production No. 23: Denied. This request seeks all accounting records related to Defendant including all bank statements, general ledgers, P&L statements, tax returns, and pa...

Excerpt: ...�); (2) pregnancy discrimination, interference with leave, and retaliation in violation of FEHA; (3) disability discrimination in violation of FEHA; (4) failure to accommodate and engage in a good faith interactive process in violation of FEHA; (5) hostile work environment in violation of FEHA; (6) retaliation; (7) failure to prevent discrimination, harassment, and retaliation; (8) retaliation and interference/violation of kin care; (9) interfere...

Excerpt: ...act, (8) negligence, (9) declaratory relief re: duty to defend, (10) declaratory relief re: duty to indemnify, and (11) declaratory relief re: contractual duties and obligations. On May 18, 2022, Cross-Defendant filed an answer and a combined demurrer and motion to strike. Code of Civil Procedure sections 430.41, subdivision (a) and 435.5, subdivision (a) require the demurring party to meet and confer in person or on the phone with the party who ...

Excerpt: ...able accommodations, (5) retaliation in violation of FEHA, (6) age discrimination, (7) wrongful termination in violation of public policy, and (8) intentional infliction of emotional distress. On May 2, 2022, Home Depot USA Inc. (“Defendant”) moved to transfer venue to San Bernardino County. Defendant's request for judicial notice of the complaint and filings in Rosa Jensen et al. v. Home Depot U.S.A., Inc. et al., Case No. BC577638 (RJN, Exs...

Excerpt: ...tion and stay the action pending completion of arbitration. Defendants' request for judicial notice of the Complaint is granted. DISCUSSION When seeking to compel arbitration of a plaintiff's claims, the defendant must allege the existence of an agreement to arbitrate. (Condee v. Longwood Management Corp. (2001) 88 Cal.App.4th 215, 219 (Condee).) The burden then shifts to the plaintiff to prove the falsity of the agreement. (Ibid.) After the Cour...

Excerpt: ...filing fees. A. Documents Gamble and Sullivan argue the subpoenas and motion are defective because Plaintiff failed to file a separate statement. Plaintiff responds that no separate statement is required to compel a deposition. However, a separate statement is required to move to compel further responses to requests for documents and for the production of documents. Because Plaintiff did not file a separate statement with her motion, the motion t...