Excerpt: ... engage in the interactive process of accommodation; (4) family and medical leave discrimination and retaliation; (5) retaliation for requesting accommodations; (6) wrongful termination in violation of public policy; (7) intentional infliction of emotional distress; (8) negligence; (9) failure to provide all meal periods; (10) failure to provide all rest periods; (11) failure to pay reporting time; (12) failure to provide accurate itemized wage s...

Excerpt: ...rneys' Fees: 1. Breach of Contract 2. Open Book Account 3. Account Stated 4. Goods Sold and Delivered 5. Conversion 6. Claim and Delivery 7. Promise Without Intent to Perform 8. Intentional Misrepresentation 9. Negligent Misrepresentation 10. On Contractor's License Bond (not alleged against Moving Defendants) RULING: The unopposed demurrer of Defendant Bryan Mitchell to all causes of action alleged against him in the Complaint (1 st – 9 th cau...

Excerpt: ...ing demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies o...

Excerpt: ...asserts causes of action for: 1. Whistleblower Retaliation; 2. Violation of Cal. Gov. Code § 815.6; 3. Relief under Cal. Civ. Code § 52.1; 4. Intentional Infliction of Emotional Distress; 5. Breach of Fiduciary Duty; 6. Violation of Cal. Gov. Code § 1090; 7. Fraudulent Concealment; and 8. Unfair Competition. On September 25, 2020, Defendant Shapiro filed an Anti-SLAPP currently set for hearing on February 1, 2021. On October 5, 2020, Defendant...

Excerpt: ...nt Elizabeth Ochoa. Plaintiff and Ochoa entered into a settlement agreement for Ochoa's $15,000 policy insurance policy limits. At the time of the settlement, Plaintiff had incurred approximately $118,708.50 in medical expenses. Ochoa applied for a good faith settlement determination pursuant to Code of Civil Procedure section 877.6. The non‐settling defendants contest the application, claiming that the settlement is far outside of the ballpark...

Excerpt: ... would develop real properties. Cross-Defendants Monrovia Villas, LLC and David Zaslow demur to the Cross-Complaint. TENTATIVE RULING Cross‐Defendants Monrovia Villas, LLC and David Zaslow's demurrer to the Cross‐ Complaint is SUSTAINED with leave to amend as to the first and third causes of action. Cross‐Complainants are given 30 days leave to amend. ANALYSIS: Demurrer Meet and Confer The form Declaration of Joshua M. Kimura reflects that ...

Excerpt: ...bilities and/or medical conditions, (2) failure to engage in the interactive process, and (3) retaliation. The First Amended Complaint alleges in pertinent part as follows. Plaintiff has been employed with the Los Angeles Department of Water and Power (DWP) since March 1994. In September 2004, Plaintiff was promoted to Principal Security Officer and remained in that position until May 2019. On April 8, 2014, Security Services Director James West ...

Excerpt: ... Civ. Pro., §§ 430.30, et seq.) In particular, as is relevant here, a court should sustain a demurrer if a complaint does not allege facts that are legally sufficient to constitute a cause of action. (See id. § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. . . . Further,...

Excerpt: ...y, Cross-Complainants). The demurrer is sustained as to Mr. Rappaport and overruled as to Century. In reviewing the legal sufficiency of a complaint against a demurrer, a court will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 163 Cal.App.3d 1055, 1062.) It is well settled t...

Excerpt: ...e Properties and Brian Stace's Demurrer to the Second amended cross complaint is SUSTAINED WITH OUT LEAVE TO AMEND as to the 1 st and 2 nd causes of action for breach of contract and OVERRULED as to the remaining causes of action. Cross-Defendants to answer in 10 days. The Court will consider Defendant's unnoticed “request for a continuance” (filed 1-11-21) at the hearing. In that regard, counsel is directed to review the Court's minute order...

Excerpt: ...e of Action: Negligent Misrepresentation  6th Cause of Action: Unfair Competition  7th Cause of Action: Tortious Breach of Written Contract  8th Cause of Action: Declaratory Relief  9th Cause of Action: Restitution  10 th Cause of Action: Conversion  11 th Cause of Action: Elder Abuse  12 th Cause of Action: Account Stated  13 th Cause of Action: Money Lent  14 th Cause of Action: Civil Conspiracy  15 th Cause of Act...

Excerpt: ...��ACWA”). The District separately moves to strike the second, third, and fourth causes of action of the FAP. The court has read and considered the moving papers, [1] oppositions, and replies, and renders the following tentative decision. A. Statement of the Case 1. Petition Petitioner ACWA commenced this action on August 26, 2019. The operative pleading is the FAP filed on August 10, 2020, alleging causes of action for violations of the Califor...

Excerpt: ... Seiler also moves to augment the record with Seiler's medical records from Huntington Health Physicians (“HHP”). The court has read and considered the moving papers, oppositions, and reply, and renders the following tentative decision. A. Statement of the Case Petitioner Seiler commenced this proceeding on July 10, 2020, alleging a cause of action for administrative mandamus. The Petition alleges in pertinent part as follows. On July 14, 201...

Excerpt: ...for an order compelling Plaintiff The Belvedere Hotel Partnership (“Plaintiff” or “Peninsula”) to comply with its agreements to produce certain documents responsive to Defendants' First and Second Sets of Requests for Production (“RFP”), including but not limited to RFP Set One Nos. 29-31; and RFP Set Two Nos. 36, 38-40, 44, 72, 76, 100, 102-103, 107-108, 113-15, and 118. The Court has held various informal discovery conferences (“I...

Excerpt: ...s 3-5, 11-18, 25-31 and 35, and is denied as to requests 33 and 34. On May 2, 2019, Plaintiff ReactX LLC (“Plaintiff”) filed a motion for an order compelling Defendant Google LLC (“Defendant”) to produce further responses to its first set of requests for production of documents (“RFP”). Following continuances to allow the parties to engage in further meet and confer efforts, the parties stipulated to a protective order pertaining to c...

Excerpt: ...answers to a demand for production of documents if it finds that the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general. The motion shall be accompanied with a meet and confer declaration. (CCP § 2031.310(a)(2).) Objections must be specific. A motion to compel lies where objections are ʹtoo general.ʹ (CCP § 2030.300(a)(3).) If a timely motion to compel has been filed, the burden is ...

Excerpt: ...ank, N.A. as Securities Intermediary for Viva Capital 3 L.P. (“U.S. Bank”) and Viva Capital 3 L.P. (“Viva”) (jointly, “Plaintiffs”) filed this action on April 1, 2020 against Defendant Estate of Roland Glen Hoefer (the “Estate”). The operative First Amended Complaint (“FAC”) was filed on August 7, 2020. On September 14, 2020, the Estate filed a Cross-Complaint against Plaintiffs. In the FAC, Plaintiffs allege that on or about ...

Excerpt: ... (2) negligence under vicarious liability; and (3) breach of mandatory duty – negligent supervision. On February 24, 2020, Petitioner filed a notice of ruling, representing that the Court denied her petition to approve a compromise of pending action filed on November 21, 2019. Nonetheless, the record is devoid of the Court denying or even holding a hearing regarding this petition. On August 18, 2020, Petitioner filed another petition to approve...

Excerpt: ...d suit against Full Circle Real Estate Solutions, Inc., the Mum Group, Marvin U. Mangabat, and Erik Lederman. Plaintiff filed a first amended complaint (FAC), alleging: (1) intentional misrepresentation; (2) concealment; (3) negligent misrepresentation; (4) conversion; (5) elder abuse; (6) rescission of contract; (7) violation of Business and Professions Code section 7163; (8) breach of fiduciary duty; (9) cancellation of instruments; (11) declar...

Excerpt: ...ndant”), et al. for damages related to the alleged explosion of an e-cigarette. The matter was originally set for trial on 2/18/20, but pursuant to a stipulation the trial date was continued to 4/14/20. (Stipulation filed 12/9/19.) The parties then stipulated to continue this date to 6/2/20. (Stipulation filed 3/20/20.) Pursuant to both stipulations, the parties agreed discovery and motion cut-off dates would not be based on the new trial date....

Excerpt: ...acts Plaintiff, Ingri Duran filed this action against Defendants, Atlantic Memorial Healthcare Associates, Inc. and Jake Rothey for both FEHA-based and non-FEHA-based claims arising out of her employment relationship with Defendants. Plaintiff filed the action on 11/16/15. The Court granted summary adjudication of most of Plaintiff's claims on 6/29/17. Plaintiff dismissed her remaining claims on 9/26/17 in order to render the action ripe for appe...

Excerpt: ...and renders the following tentative decision. A. Statement of the Case Petitioner R&H commenced this proceeding on April 3, 2020, alleging causes of action for traditional and administrative mandamus. The Petition alleges in pertinent part as follows. By letter on or about December 21, 2018, Real Party-in-Interest American Honda Motor Co., Inc., Acura Automotive Division, Inc. (“AHM”) advised R&H that it would be pursuing a chargeback of appr...

Excerpt: ...nty Sheriff's Department (“Department”) and Sheriff Alex Villanueva (collectively “Real Party”) to set aside and vacate the Commission's decision terminating his employment as Deputy Sheriff effective October 12, 2016 based on a finding that he failed to take appropriate police actions in controlling a physically dangerous situation between two individuals. Real Party opposes the petition. Judicial Notice Petitioner's Exhibit A (Los Angel...

Excerpt: ...f emotional distress arising from burns sustained on June 3, 2018. On July 30, 2020, the Court dismissed Plaintiff Luis Robles without prejudice. On October 6, 2020, Defendant GE filed a notice of settlement and an application for determination of good faith settlement, which the Court granted on November 6, 2020. On November 12, 2020, Petitioner Martha Nolazco (“Petitioner”), as parent and guardian ad litem of Plaintiff Selena Robles, filed ...

Excerpt: ...: January 5, 2021 TENTATIVE: Moving Defendants' motion is granted. The case is stayed pending the resolution of the Cooper and Curbelo PAGA actions or further order of the court. Defendants are to give notice. Upon any judgment in either action Defendants are ordered to file ex parte notice of that judgment and request a status conference. Background In a first separate action, Cheryl T. Cooper, individually and on behalf of all others similarly ...