Excerpt: ...as to 25‐64, and granted as to 16‐24. Defendant's motion to strike Plaintiffs' request for punitive damages is granted. A. Demurrer Defendant Parker Milliken Clark O'Hara & Samuelian (“Defendant”) demurs to the 1 st (legal malpractice) and 2nd (breach of fiduciary duty) causes of action in the first amended complaint (“FAC”) of Plaintiffs Benjamin Chui (“Benjamin”) and Margaret Chui-Lee (“Margaret”) as co- trustees of the King...

Excerpt: ...fendant”) moves for summary judgment against Plaintiff Sonya Wilson (“Plaintiff”), or, in the alternative, for summary adjudication of the 1st (employment discrimination in violation of the FEHA) [Issue No. 1], 2 nd (retaliation in violation of the FEHA) [Issue No. 2], 3 rd (failure to prevent discrimination and retaliation) [Issue No. 3], 4 th (failure to provide reasonable accommodation) [Issue No. 4], 5 th (failure to engage in the inter...

Excerpt: ...Shaff and FPCSC and overruled as to defendants Kawasaki, Evans, and Brejtfus, is overruled as to the fifth cause of action, and as to the twelfth cause of action is overruled as to defendant Radell, and sustained with leave to amend within 20 days as to the remaining defendants. PSLA Defendants' motion to strike is denied as moot. Pereira Defendants' demurrer to the seventh cause of action is overruled. Pereira Defendants' motion to strike is den...

Excerpt: ...raph 30 of the second amended complaint is denied. Defendant Fitness International, LLC's demurrer to the first, fourth, and fifth causes of action to the second amended complaint are overruled and is sustained without leave to amend as to the second cause of action. Defendant Fitness International, LLC's motion to strike Paragraphs 5 and 30 of the second amended complaint is granted. A. Background On September 14, 2020, Plaintiff filed her initi...

Excerpt: ...ds the default judgment is void as to him because of a lack of a valid personal guaranty by Defendant for either of the two lease agreements at issue in the first amended complaint (“FAC”) of Plaintiff A.R.D. Service, Inc. (“Plaintiff”). (Notice of Motion, pg. 2.) Defendant's 10/21/21 request for judicial notice is denied as to the documents in the instant case file, for which there is no need to take judicial notice because the Court can...

Excerpt: ...odd”) (collectively “Defendants”) move for an order setting aside and/or vacating the entry of default against them on the complaint filed by Plaintiffs Fawina Cantu, Brittany Hodges, Ashley Jackson, and Tahrim Mageekromah (collectively, “Plaintiffs”). Defendants move on the grounds the service of process of summons has not been validly effectuated and the defaults were accordingly entered on the basis of extrinsic fraud and are therefo...

Excerpt: ...roval on the LWDA in compliance with Labor Code §2699(l)(2) within 10 days. Plaintiff Mario Salgado (“Plaintiff” or “Named Plaintiff”) moves for an order granting preliminary approval of the proposed settlement with Defendants Positive Investments, Inc. (“Defendant”) and Rao Yalamanchili (“Yalamanchili”) (collectively “Defendants”) on the terms and conditions set forth in the “Stipulation of Class Action and PAGA Settlement...

Excerpt: ...to the 2nd (breach of the covenant of good faith and fair dealing) cause of action in the complaint of Plaintiff Asher Lugassi (“Plaintiff”). Defendant demurs on the grounds the complaint fails allege sufficient facts to state the cause of action and the cause of action is uncertain. (C.C.P. §§430.10(e), 430.10(f).) The Court notes Defendants do not demur to the complaint's other causes of action. Background On June 22, 2021, Plaintiff file...

Excerpt: ...tions against Defendant are denied. Three motions to quash business records subpoenas are presently before the Court. Plaintiffs Marvin Santillan (“Marvin”), Genesis Santillan (“Genesis”), and Jocelyn Santillan (“Jocelyn”) (collectively, “Plaintiffs”) move for orders quashing service of the May 19, 2021 Deposition Subpoenas for the Production of Business Records (collectively, “Subpoenas”) served by Defendant SIOF 2 Properties...

Excerpt: ...e PAGA (“Amended Settlement”) with Defendants Sweep Inc. Corporation (“Sweep Inc.”), Sweep, LLC (“Sweep LLC”), and Skinny Labs, Inc. dba Spin (“Skinny Labs”) (collectively “Defendants”). Specifically, Plaintiff requests the Court issue an order: (1) approving the parties' Amended Settlement in the total amount of $150,000; (2) approving PAGA Counsel's attorneys' fees in the amount of $52,500 (35% of Settlement Fund); (3) appro...

Excerpt: ...ntiffs Martin Tate (“Martin”) and Yassi Tate (“Yassi”) (collectively, “Plaintiffs”). Defendant demurs on the grounds the cause of action was resolved in a previous lawsuit in which the Court entered judgment, that the cause of action is barred by the doctrines of res judicata and collateral estoppel, and that Plaintiffs fail to state a claim against Defendant. (Notice of Demurrer, pg. 3; C.C.P. §§664.6, 430.070, 430.10(e).) Defendan...

Excerpt: ...es Group”) and AEG Holdings, LLC (“AEG”) (collectively, “Cross-Defendants”) demur to the 1 st (breach of contract), 2 nd (breach of the covenant of good faith and fair dealing), and 3 rd (declaratory relief) causes of action in the cross-complaint of Cross- Complainants Jon Gimbel (“Gimbel”), Anthony Guagliano (“Guagliano”) (the “Individual Defendants”), and Gallant Capital Partners, LLC (“Gallant”) (collectively, “Cro...

Excerpt: ...o the 2 nd (conversion) and 6 th (breach of fiduciary duty) causes of action in the second amended cross-complaint (“SACC”) of Cross-Complainant McLear & Co. (“McLear US”). (Notice of Demurrer, pg. 3.) Esos Parties demur on the grounds McLear US failed to allege sufficient facts to constitute the causes of action pursuant to C.C.P. §430.10(e). The Court notes the 6th cause of action is only asserted against Silverstein and not Esos. The ...

Excerpt: ...ntiffs”). Defendant argues Plaintiff failed to allege sufficient facts to constitute a cause of action for unlawful detainer and the FAC is uncertain. (Demurrer, pg. 2.) C.C.P. §1166(a) provides, as follows: The complaint shall: (1) Be verified and include the typed or printed name of the person verifying the complaint. (2) Set forth the facts on which the plaintiff seeks to recover. (3) Describe the premises with reasonable certainty. (4) If ...

Excerpt: .... Code compliant responses are due within 15 days. Plaintiff's unopposed request for monetary sanctions against Montalvan and its counsel of record is granted in the reduced total amount of $2,805, payable within 30 days. Plaintiff's unopposed motion to deem Requests for Admission (Set Two) admitted against Defendant Kababayan Development, Inc. is granted. Code compliant responses are due within 15 days. Plaintiff's unopposed request for monetary...

Excerpt: ... within 15 days. Plaintiff's request for monetary sanctions is denied in the amount of $900 is denied. Plaintiff's motion to compel Defendants Avrohom Teichman and Kehilla Kosher Products, Inc.'s compliance is granted. Defendant Teichman is ordered to sit for a second day of deposition as an individual and as PMQ of Kehilla within 15 days. Plaintiff's motion for terminating, evidence, and/or monetary sanctions against Defendants is denied. A. Def...

Excerpt: ...of action only], and 21, and as to the 1 st, 3rd, 6 th, 9 th, 11 th, 13 th and 14 th causes of action. Defendant's motion for summary adjudication is granted as to Issues Nos. 9, 10, 11, 12, 13, 16, 18, 19, and 22, and as to the 2 nd, 4 th, 7 th, 8 th, 10 th, 12 th, 13 th, 14 th causes of action as well as the prayer for punitive damages. The Court does not reach Issue No. 14 and Issue No. 20 [as to the 12 th cause of action]. Defendant Super Cen...

Excerpt: ...ociation, as Trustee, Successor in Interest by Merger to La Salle Bank, National Association, as Trustee for WAMU Mortgage Pass-Through Certificates Series 2007-HY7 Trust (“Defendant”) demurs to the 1 st (declaratory relief) and 2 nd (cancellation of instruments) causes of action in the first amended complaint (“FAC”) of Plaintiff Natasha Espinal (“Plaintiff”). (Notice of Demurrer, pgs. 1-2.) Defendant demurs on the grounds that Plain...

Excerpt: ...omissory note asserted in Plaintiff's complaint. Plaintiff moves on the grounds that there are no triable issues of material fact and Plaintiff is entitled to judgment as a matter of law because it is undisputed that: (1) the parties entered a written agreement pursuant to which Plaintiff loaned Defendant $175,000, evidenced by a promissory note; (2) Defendant defaulted under the promissory note and has refused to cure the default; (3) Defendant ...

Excerpt: ...efendants Bryan Altman (“Altman”) and The Altman Law Group (“ALG”) (collectively, “Defendants”) (Plaintiffs and Defendants together, “the Parties”) jointly move for approval of settlement pursuant to C.C.P. §708.440. (Motion, pg. 1.) The motion, initially heard as an ex parte application on May 14, 2021, was set for hearing on June 15, 2021, and the Court ordered opposition and reply due pursuant to code. The ex parte application...

Excerpt: ...fornia, erroneously sued as University of Southern California Keck Hospital (“Defendant”), demurs to 2 nd (lack of informed consent) and 3rd (Elder Abuse – Welfare & Institutions Code §15657) causes of action in the third amended complaint (“TAC”) of Plaintiff Noni A. Nwasike, an individual for herself and as Successor-in-interest to the Estate of Chike Nwasike, deceased (“Plaintiff”). Defendant argues Plaintiff failed to allege su...

Excerpt: ...ions is denied. Esos's motion for evidence sanctions is denied. Esos's request for monetary sanctions is denied. McLear and Prencipe's requests for monetary sanctions are denied. Two motions for terminating sanctions are presently before the Court. McLear & Co., Inc. (“McLear US”) and McLear, Ltd. (“McLear UK”) (collectively, “McLear”), joined by Joseph Prencipe (“Prencipe”), move for terminating sanctions dismissing the second am...

Excerpt: ...nc. (“Light Beam”), Choice Hospice Care (“CHC”), Robert Mahterian (“Mahterian”), and Diego Valli (“Valli”) (collectively, “Defendants”) move to strike certain portions of the second amended complaint (“SAC”) of Plaintiff Saro Bedikian (“Plaintiff”). Specifically, Defendants move to strike: (1) allegations supporting a request for punitive damages in connection with Plaintiff's 4 th (negligent misrepresentation) cause o...

Excerpt: ...aintiff SDG Associates, LLC (“Plaintiff”). In the alternative, Defendant moves for summary adjudication of the 1 st (breach of contract) [Issues Nos. 1‐6] and 2 nd (common counts – open book account) [Issue No. 7] causes of action in Plaintiff's complaint. Defendant moves for summary adjudication of the 1 st (breach of contract) cause of action on the grounds that the undisputed facts establish that the government closures in connection w...

Excerpt: ...or Admission are moot. However, Plaintiffs are ordered to serve proper verifications that include certificates of translation to their second supplemental responses served on January 20, 2021. Defendant's requests for monetary sanctions are denied. Six discovery motions are presently before the Court. Defendant Rev. Jong Suk Choi aka Olaf J. Choi (“Defendant”) moves for orders deeming Requests for Admission (“RFAs”) (Set One) and RFAs (Se...