Excerpt: ...and Jennifer Ford, alleging (1) sexual harassment in violation of the Fair Employment and Housing Act (“FEHA”); (2) retaliation in v iolation of FEHA; and (3) harassment and hostile work environment in violation of FEHA. On October 5, 2023, Defendants filed 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, courts read the al...

Excerpt: ...5, 2024, Plaintiff filed a first amended complaint (“FAC”). On May 2, 2024, Defendant filed a motion to disqualify The Law Offices of Gary R. Carlin as counsel for Plaintiff. Plaintiff filed a surreply on June 7, 2024. Although this filing was not authorized, the Court will still consider it because Defendant submitted new evidence with its reply. LEGAL STANDARD “‘A trial court's authority to disqualify an attorney derives from the power ...

Excerpt: ... action against Defendants National Veterinary Associates Inc., Ethos Veterinary Health LLC, Ethos -California Veterinary Group Inc., Leilani Way, Madisyn Bonestell -Jensen, and Michelle Connearney. On July 14, 2023, National Veterinary Associates Inc., Ethos Veterinary Health LLC, and Ethos -California Veterinary Group Inc. filed a demurrer and motion to strike, which Madisyn Bonestell -Jensen later joined. On October 17, 2023, the Court sustain...

Excerpt: ...mplaint alleges malicious prosecution, fraud, and civil rights violations arising from a prior unlawful detainer action and a workplace violence restraining order. On May 10, 2024, Plaintiff filed a Petition for Malicious Prosecution. Plaintiff cites Code of Civil Procedure section 425.16 as the basis for his Petition. (Petition at p. 4.) Plaintiff contends that his “initial burden is to show that the two causes of action in PLB's actions again...

Excerpt: ...nd J.K. Residential Services Inc. On October 26, 2023, the Court granted Defendants' motion to strike allegations relating to punitive damages. The Court found that a jury could conclude that Defendants acted with oppression or malice if Plaintiffs prove their factual allegations about uninhabitable living conditions. However, the Court also found that the Complaint contained only conclusions, not facts, about Defendants' ratification of the cond...

Excerpt: ...ract and breach of implied warranty. After IPL's demurrer was overruled, “IPL North America Inc., erroneously named as IPL Inc.” (“IPL NA”) filed an answer. On October 23, 2023, Plaintiff filed a motion to strike IPL NA's answer. Plaintiff's and IPL NA's requests for judicial notice are granted. DISCUSSION Plaintiff argues that IPL has forfeited its right to do business in California, and IPL NA improperly filed an answer without seeking ...

Excerpt: ...filed a motion to seal. A record must not be filed under seal without a court order, and a party requesting that a record be filed under seal must file a motion or an application for an order sealing the record. (California Rules of Court, rule 2.551(a) -(b).) The party requesting sealing must also file a public redacted version and lodge conditionally under seal with the court a complete, unredacted version. (California Rules of Court, rule 2.55...

Excerpt: ...to Declare Dylan Scott Perry a Vexatious Litigant. On May 15, 2024, Plaintiff filed his opposition. On May 28, 2024, Defendant filed the reply. The Walt Disney Company (erroneously named as “d.b.a. Twentieth Century Studios”) moves the Court pursuant to Code of Civil Procedure sections 391 et seq. for an Order designating Plaintiff Dylan Scott Perry a “vexatious litigant” under Code of Civil Proce dure sections 391 et seq. and entering a ...

Excerpt: ...Person Most Knowledgeable and Fact Witness Principal Tom Houts and Request for Production of Documents (“RFPs”) on Defendant Downe y Unified School District. On February 22, 2024, Plaintiff filed a motion to compel further responses to RFP No. 4. At the March 19, 2024, hearing, the Court found that some information about K.G., such as that related to Defendant's knowledge of his prior similar misconduct and need for supervision, may be releva...

Excerpt: ... December 26, 2023, Defendant Commerce Hyundai Inc dba Commerce Mitsubishi served Plaintiff Roula Oglii aka Roula Aljabban with Request for Production (Set One), Interrogatories (Set One), Special Interrogatories (Set One); and First Set of Requests for Admission. (Mayville Decl. ¶ 2.) Plaintiff did not provide timely responses, and Defendant agreed to extend the deadline to April 17, 2024. (Mayville Decl. ¶¶ 4 -12.) Plaintiff still did not se...

Excerpt: ...ristofer Eriksson, and others. On October 10, 2023, Defendants filed a demurrer and motion to strike. Plaintiff did not file any oppositions. Defendants' request for judicial notice is denied as irrelevant because the final order is already part of this case's record. DEMURRER Defendants demur to the third, fourth, fifth, sixth, eighth, and ninth causes of action. A demurrer for sufficiency tests whether the complaint states a cause of action. ( ...

Excerpt: ...a Williams- Sonoma Inc., Trader Joe's Company, and Trader Joe's East Inc. The operative complaint is the first amended complaint, filed on January 21, 2020. On May 1, 2024, Defendants filed a motion for judgment on the pleadings. REQUESTS FOR JUDICIAL NOTICE Defendants' Request for Judicial Notice of Exhibits A, B, I, J -M is denied as irrelevant. These orders are unpublished and nonprecedential. (See Santa Ana Hospital Medical Center v. Belshe (...

Excerpt: ...pshire Inc. and I Park Inc. I Park also filed a cross -complaint against Y&Y, Horizon Plastering Inc., Allstate Engineering dba Allstate Waterproofing, and others. On April 29, 2024, I Park filed a motion for determination of good faith settlement. Any party to an action with two or more joint tortfeasors may petition the court for a determination of the issue of the good faith of a settlement. (Code Civ. Proc., § 877.6, subd. (a)(1).) The court...

Excerpt: ...cuments. Cross- Complainants filed a notice of non -opposition. 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 l...

Excerpt: ...ion for leave to file a second amended complaint (“SAC”). 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 pleading which must be serially numbered to differentiate it from previous pleadings or amendments and must state what allegations in the previous pleadi...

Excerpt: ...nifer McCullum filed a cross -complaint against Greenspan and others. On January 9, 2024, Greenspan filed a motion to compel arbitration. Cross -Defendants Matthew Blumkin, Matthew Goldstein, and Sydney Greenspan filed a notice of joinder to the motion. [1] The Court must grant a petition to compel arbitration unless the defendant has waived the right to compel arbitration or if there are grounds to revoke the arbitration agreement. (Ibid. ; Code...

Excerpt: ...tion against Defendants Marvin Johnson, Lori Gay, Jesse Ibarra, Angela Heyward, and others. On November 13, 2023, the Court entered default against the individual Defendants. On April 12, 2024, Defendants filed motions to set aside the defaults. Defendants each included a copy of their proposed answer to the complaint. LEGAL STANDARD The Court may relieve a party or counsel from a judgment resulting from mistake, inadvertence, surprise, or excusa...

Excerpt: ...On January 26, 2024, Defendant Constance Wildasinn served Requests For Production of Documents, Special Interrogatories, Form Interrogatories, and Requests for Admissions on Plaintiff Casamigo Capital LLC. Plaintiff did not provide timely responses, and Defendant agreed to extend the deadline to March 25, 2024. Plaintiff still did not serve responses. On April 3, 2024, Defendant filed four motions to compel Plaintiff's responses and to deem the R...

Excerpt: ...Bornoff. On April 26, 2024, Defendant filed a memorandum of costs. On April 30, 2024, Plaintiff filed a motion to tax costs. The Court entered judgment in favor of Defendant on May 16, 2024. If a plaintiff rejects a defendant's settlement offer under Code of Civil Procedure section 998 and the plaintiff fails to obtain a more favorable judgment, the plaintiff may not recover their post -offer costs and must pay the defendant's costs from the ti m...

Excerpt: ...uments. Cross - Complainants filed a notice of non -opposition. 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 l...

Excerpt: ... of a commercial lease. On August 9, 2022, Plaintiff filed a motion for summary judgment, or in the alternative, summary adjudication. The motion sought summary judgment or adjudication of the first cause of action for breach of lease of action, as well as Defendant's second, fifth, twelfth, fifteenth, twenty -fifth, and twenty- sixth affirmative defenses. On October 25, 2022, the Court denied Plaintiff's motion for summary judgment, but it grant...

Excerpt: ...tion against Defendants Marvin Johnson, Lori Gay, Jesse Ibarra, Angela Heyward, and others. On November 13, 2023, the Court entered default against the individual Defendants. On April 12, 2024, Defendants filed motions to set aside the defaults. Defendants each included a copy of their proposed answer to the complaint. LEGAL STANDARD The Court may relieve a party or counsel from a judgment resulting from mistake, inadvertence, surprise, or excusa...

Excerpt: ...ult and default judgment. Defendant's answer was filed the same day. No further action is reflected on this case's docket. On March 5, 2024, Plaintiff Adel Tanious filed a motion to set the case for trial for a date before August 1, 2024. According to Plaintiff, because he filed this action on August 1, 2019, trial must be set before August 1, 2024 to avoid dismissal. (Motion at p. 4; see Code Civ. Proc., § 583.310.) Defendant argues that “Pla...

Excerpt: ...Lands Nathanson for various items in Request For Production, Set One and Request For Production, Set Two. A. Defendant Must Pay One Additional Filing Fee. Defendant's single motion seeks to compel production pursuant to two different sets of RFPs. Each category of discovery should have been filed as a separate motion, with separate filing fees and hearing reservations. Despite being scheduled as only one motion and one hearing, the total substanc...

Excerpt: ...f's purchase of an allegedly defective vehicle. On December 4, 2023, Defendant filed a demurrer and motion to strike. DEMURRER Defendant demurs to the first, second, and third causes of action. 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...