Excerpt: ...Assault and Battery 4. Negligence 5. Violation of State Civil Rights RULING: The demurrer is sustained without leave to amend as to the 2 nd cause of action, sustained with 20 days leave to amend as to the 5 th cause of action and overruled as to the 3 rd cause of action. This action arises out of Plaintiff's claim that she was sexually harassed by another fourth grade student at Defendant Vaughn Next Century Learning Center (Defendant). Plaintif...

Excerpt: ...ests an order granting summary adjudication of the 4 th cause of action for Negligent Hiring and Supervision and the 5 th cause of action for Negligent Training. RULING: The request for summary judgment is granted. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply with the “TECHNICAL REQUIREMENTS” which are set forth at page 4, line ...

Excerpt: ...ative costs are requested. The Court continues the hearing on final approval of the settlement for: (1) further explanation and amendment regarding what happens to uncashed checks and (2) removal of dismissal language from the Settlement Agreement: (1) With regard to Uncashed Checks, although the parties removed the provision reverting uncashed checks to Defendant, inadequate information is provided as to how the parties will handle uncashed chec...

Excerpt: ...onal Distress 3. Breach of Fiduciary Duty 4. Constructive Fraud 5. Battery 6. Sexual Harassment (CC 51.9) 7. Gender Violence (CC 52.4) 8. Ralph Act Violation (CC 51.7) 9. Negligent Hiring, Training, Supervision and Retention RELIEF REQUESTED IN MOTION TO STRIKE: An order striking the 2 nd, 3 rd, 4 th, 5 th, 6 th and 8 th causes of action in Plaintiff's complaint. Additionally, Plaintiff seeks to strike ¶28, p.11:7-9; ¶31, p.11:7-9; ¶31 p.11:22...

Excerpt: ...Plaintiff must separately file the First Amended Complaint which is attached to the motion as Ex.1. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply with the “TECHNICAL REQUIREMENTS” which are set forth at page 4, line 4 through page 5, line 12 of the Court's 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civi...

Excerpt: ...ntiff underwent on 11/9/18 allegedly performed by Defendant Dr. Arezou T. Yaghoubian. (SAC ¶¶12, 22). Plaintiff alleges that from November 2018 through March 2019, she suffered from post-surgical infections. (SAC ¶¶24-29). Plaintiff alleges that on 12/18/19, a medical professional told her that her scars were permanent and that she suffered a herniated disc as a result of her prolonged recovery. (SAC ¶¶30-31). On 11/6/19, Plaintiff filed th...

Excerpt: ...iffs Ranch at the Falls LLC and April Hart. The total fee sum reflects $658,322.00 in attorneys' fees incurred in the defense of Indian Springs in this action and $258,958.60 in attorneys' fees incurred in prosecuting Indian Springs' affirmative claims in this action. The reply indicates that Indian Springs has incurred an additional $24,994.00 in fees since the filing of the motion. The supplemental declaration of attorney Nicholas R. Rogers ind...

Excerpt: ...t Katleen Leblanc's Verified Cross-Complaint in favor of Plaintiff/Cross-Defendant Musabbir Chowdhury and against Defendant/Cross-Complainant Katleen Leblanc RULING: The motion is denied. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply with the “TECHNICAL REQUIREMENTS” which are set forth at page 4, line 4 through page 5, line 12 o...

Excerpt: ... granted as set forth below. On 8/19/20, the hearing on the instant motion was held. The Court determined that Defendant was entitled to an award of attorneys' fees. (See 8/19/20 Minute Order). However, due to Defendant's failure to provide the Court with sufficient information to determine whether the attorneys' fees sought were reasonable, the hearing was continued to allow Defendant to serve and file an attorney declaration in support of the f...

Excerpt: ...CC 52.4) 4. Negligence 5. Negligent Supervision 6. Negligent Hiring/Retention 7. Negligent Failure to Warn, Train, or Educate 8. Public Entity's Liability Based on the Torts of Government Employees (Gov't Code 815.2) RULING: The demurrer is overruled. Answer is due within 20 days. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply with th...

Excerpt: ..., William Zurowski and Frank Velazco and against Plaintiff. Alternatively, Defendants request summary adjudication in their favor and against Plaintiff on Plaintiff's 1 st, 2 nd and 3 rd causes of action. RULING: The motion is granted as set forth below. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply with the “TECHNICAL REQUIREMENTS...

Excerpt: ...tween Plaintiff Cameron Orozco and Defendants regarding ownership of certain real property. Plaintiff alleges that in April of 2017 Defendant Rosalinda Barba approached him regarding a partnership in which Plaintiff and Defendants would each own 50% of certain real property located in Granada Hills, California. (Compl. ¶4). Plaintiff alleges that Barba further represented that Defendant Loveleeds, Inc. would manage the property which would be re...

Excerpt: ... granted. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply with the “TECHNICAL REQUIREMENTS” which are set forth at page 4, line 4 through page 5, line 12 of the Court's 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. Failure to comply with these requirements in the future may result in papers being reje...

Excerpt: ...viction 6. Financial Elder Abuse RELIEF REQUESTED IN MOTION TO STRIKE: An order striking allegations regarding and prayers for punitive damages. RULING: The demurrer is overruled. The motion to strike is granted with 20 days leave to amend. Defendant Ashley Jauregui has improperly included her demurrer, request for judicial notice and motion to strike in one document and both parties have failed to bookmark documents or make them text searchable....

Excerpt: ... Addendum. On April 20, 2020, the parties submitted a request to the Court, by way of a posting on CaseAnywhere, for an order that approves the dissemination of a Supplemental Postcard. (Declaration of Eric Y. Kizirian (“Kizirian Decl.”), ¶2.) The April 20, 2020 posting states in its entirety, as follows: To the Honorable Court: The parties in the above-referenced Kojikian v. American Honda Motor Co., Inc. action respectfully seek Court appr...

Excerpt: ...nd setting aside the order entered on 3/13/20. RULING: The motion is denied. This action arises out of dental treatment provided by Defendant to Plaintiff in July 2017. Plaintiff claims that Defendant used amalgam to fill her tooth when she specifically requested that he not do so and he assured her he would not. Plaintiff contends that the use of amalgam caused a flare-up of her preexisting medical condition, Lupus. The Fourth Amended Complaint ...

Excerpt: ... of Written Instruments, CC 3412 RULING: The demurrer is sustained without leave to amend as to the 1 st, 3 rd and 4 th causes of action and with 30 days leave to amend as to the 2 nd, 5 th and 6 th causes of action. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply with the “TECHNICAL REQUIREMENTS” which are set forth at page 4, lin...

Excerpt: ...egligent Misrepresentation 4. Declaratory Relief 5. Promissory Fraud RULING: The demurrer is sustained without leave to amend as to the 3 rd and 4 th causes of action and overruled as to the 1 st, 2 nd and 5 th causes of action. The motion to strike is denied. Answer is due within 20 days. *The initial complaint filed by Plaintiff Castaic Village Center, LLC in this action is incorrectly titled as the First Amended Complaint. Since both Defendant...

Excerpt: ...Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply with the “TECHNICAL REQUIREMENTS” which are set forth at page 4, line 4 through page 5, line 12 of the Court's 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. Failure to comply with these requirements in the future may result in matters being placed off calendar, matters being continued so documents can be resubmitted in complia...

Excerpt: ...plaint: 1. Wrongful Death 2. Survivor's Action 3. Negligence 4. Negligent Infliction of Emotional Distress RELIEF REQUESTED IN MOTION TO STRIKE: An order striking the First Amended Complaint, or in the alternative, striking allegations regarding and the prayer for punitive damages contained in the First Amended Complaint. Specifically, Professional Security Consultants seeks to strike ¶¶61, 67 and 75 and Prayer No.9 in the First Amended Complai...

Excerpt: ...inst Plaintiff and Plaintiff's counsel in the amount of $9,060.00. RULING: This defamation action arises from an interview Defendant did with Katie Couric wherein he stated he had to restrain Plaintiff because she was on drugs. By way of the instant motion, Defendant seeks further responses to certain Requests for Admissions and Form Interrogatories served on 9/20/18 to which Plaintiff served responses on 12/21/18. Pursuant to the declaration of ...

Excerpt: ...k RELIEF REQUESTED: Orders granting summary judgment or, in the alternative, summary adjudication in favor of Defendant and against Plaintiffs. RULING: The unopposed requests for summary judgment are granted. This is a wrongful death action which arises out of an accident involving Plaintiffs' adult daughter who allegedly fainted and fell off a train platform in front of a Metrolink train. Plaintiffs filed separate lawsuits; however, each alleges...

Excerpt: ... seeks an award of reasonable attorney's fees incurred in bringing the motion. RULING: The motion is denied. This action arises out the alleged breaches of a Consulting Agreement and Annual Cash Bonus and Transaction Bonus Plan entered into between Plaintiff and Defendant Pro Athletics, LLC by and through its owner and president, Defendant Christopher Serna. Plaintiff issued a subpoena to US Bank seeking: (1) a copy of all documents reflecting an...

Excerpt: ...TY: Plaintiffs James Douglas Wiese and James Paul Fox, as Trustees of the Fox Wiese 2011Trust dated April 13, 2011 RELIEF REQUESTED: An order striking the Second Amended Complaint (SAC) filed against Defendants as being a Strategic Lawsuit Against Public Participation pursuant to CCP 425.16 RULING: The joinder in the motion is granted. The motion is denied. Plaintiffs' Requests for Judicial Notice are granted. Defendants' objections to Plaintiffs...

Excerpt: ... and Nick Lopez NOTICE: ok Demurrer is to the entire First Amended Complaint: 1. Wrongful Death 2. Survivor's Action 3. Negligence 4. Negligent Infliction of Emotional Distress RELIEF REQUESTED IN MOTION TO STRIKE: An order striking certain allegations and the prayer for punitive damages contained in the First Amended Complaint. Specifically, Food 4 Less seeks to strike ¶29, p.6:1-7; ¶31, p.6:12-15; ¶32, p.6:16-19; ¶39, p.7:13-18; ¶61, p.10:...