Excerpt: ...st Defendants John Stewart Company (“JSC”) and Jose Solache (“Solache”). The causes of action asserted against Solache stem from allegations of harassment he engaged in while they were both employed by JSC. JSC now moves for an order compelling arbitration pursuant to Plaintiff's duly executed arbitration agreement. Plaintiff opposes on the basis that no valid arbitration agreement between the parties exist and that the arbitration agreem...

Excerpt: ... Plaintiffs Latoyia Hill (“Hill”), as Guardian of minor Jared Jackson (“Jared”), Asoniti Foster (“Foster”), as Guardian of minor Soni Ninya Foster-Jackson (“Soni”), Tumpei Pollard-Jackson (“Pollard-Jackson”), as Guardian of minor Gerard D. Jackson, Jr. (“Gerard, Jr.”) (jointly, “Plaintiffs”) have reached a confidential settlement agreement in this matter. Each of the Plaintiffs submitted a petition for approval of the ...

Excerpt: ... and Maria Ashoori (jointly, “Defendants”). The Complaint asserts causes of action for wrongful discharge in violation of public policy, discrimination, harassment, retaliation, failure to prevent harassment and discrimination, failure to provide timely access to payroll and personnel records, waiting time penalties, failure to pay overtime, failure to maintain records, failure to indemnify worker for job-related expenses, and a PAGA claim fo...

Excerpt: ...n 1986, Proposition 65 (Health & Saf. Code, § 25249.5 et seq.) was designed to prevent the contamination of drinking water with, and generally protect the public from unknowing exposure to, harmful chemicals. Section 25249.5 provides in part: “No person in the course of doing business shall knowingly discharge or release a chemical known to the state to cause cancer or reproductive toxicity into water or onto or into land where such chemical p...

Excerpt: ...�) asserts causes of action for breach of fiduciary duty and legal malpractice. Tontini now seeks leave to file a Second Amended Complaint to add a fraud cause of action against the defendants, to separate the breach of fiduciary duty cause of action into two causes of action (one relating to failure to communicate settlement offers and the other relating to conflict of interest), and include additional specific facts concerning Tontini's allegat...

Excerpt: ... Inc. (“Chartwell”). Brentwood's Complaint relates to an agreement between Brentwood and Chartwell, wherein Chartwell agreed to provide temporary staffing services to Brentwood, including the services of Chartwell's employee, Marco Moulton (the “Agreement”). (Compl., ¶ 4.) On or about August 24, 2017, Mr. Moulton sued Brentwood and Chartwell for various employment-related causes of action (the “Moulton Lawsuit”). (Compl., ¶ 5.) On o...

Excerpt: ...mplaint”). Defendant demurs to the Complaint on the basis that the cause of action fails to state a claim and is uncertain. No opposition to the demurrer was filed. The Court previously continued the hearing on the demurrer and ordered Defendant to file a proof of service showing service of the demurrer on Causey, as well as a meet and confer declaration pursuant to Code of Civil Procedure section 430.41. The Court notes that Defendant filed it...

Excerpt: ... requests accommodations pursuant to Cal Rules of Ct. 1.100 that his case be tried only in either Stanley Mosk or Spring Street, due to Plaintiff's disability caused by a "very severe head injury (diffuse axonal injury)." (Memorandum of Points and Authorities, p. 4, l. 2.) Plaintiff's request was made on March 28, 2018. The request came after (a) this Court met with the parties on March 23, 2018 and they acknowledged that they wer...

Excerpt: ...nts LISI Aerospace North America, Inc. (“LISI”), Hi‐Shear Corporation, Inc. (“Hi‐Shear”), and Michael Keating (“Keating”). Hi‐Shear and LISI (jointly, “Defendants”) now move for an order compelling arbitration pursuant to Plaintiff's duly executed arbitration agreement. Plaintiff opposes on the basis that no valid arbitration between the parties exist and that the arbitration agreement is unconscionable, and therefore, unenf...

Excerpt: ...) (jointly, “Plaintiffs”) filed the instant action against Defendant Laurence Grante (“Grante”) and Granite Productions, Inc. dba Think Up Anger (“TUA”) (jointly, “Defendants”) on January 26, 2017. Thereafter, TUA filed a cross‐complaint against Plaintiffs. The operative First Amended Cross‐Complaint asserts causes of action for intentional misrepresentation, breach of oral contract, conversion, tortious interference with pros...

Excerpt: ...“Plaintiff”) filed this employment action on January 19, 2018 against Defendants John Stewart Company (“JSC”) and Jose Solache (“Solache”). The causes of action asserted against Solache stem from allegations of harassment he engaged in while they were both employed by JSC. JSC now moves for an order compelling arbitration pursuant to Plaintiff's duly executed arbitration agreement. Plaintiff opposes on the basis that no valid arbitrat...

Excerpt: ...o for quiet title, cancellation of instruments, and declaratory relief. Thereafter, a number of cross‐actions were filed, including that of Cross‐Complainant Elba P. Garza (“Garza”) on March 29, 2016 for financial elder abuse, cancellation of instruments, fraud, and breach of fiduciary duty against Defendants Ulysses Angulo (“Ulysses”), Yolanda Angulo (“Yolanda”), and Rosalinda Garza‐Wiesand (“Rosalinda”) (the “Cross‐ Co...

Excerpt: ...Park Unified School District (“BPUSD”). Schmittle's Complaint alleges causes of action for discrimination, retaliation, failure to accommodate, failure to engage in good faith interactive process, and failure to prevent discrimination. During the pendency of the instant case, Schmittle was charged by the Los Angeles County District Attorney with worker's compensation insurance fraud. The charges stem from a report of suspected worker's compen...

Excerpt: .... Plaintiff filed the operative Third Amended Complaint (“SAC”) on October 28, 2016 against Defendants California Department of Mental Health (now Department of State Hospitals “DSH”), Pamela Ahlin (“Ahlin”), California Department of Corrections (“CDCR”), Scott Kernan (“Kernan”), Board of Parole Hearings (“BPH”), and Jennifer Shaffer (“Shaffer”) (collectively, “Defendants”). Plaintiff alleges that in 2007, DSH unla...

Excerpt: ...“Kaiser”) and Susan Bailey (“Bailey”) (jointly, “Defendants”). In her Complaint, Primus alleges that she was employed by Kaiser until she was wrongfully terminated on January 25, 2016. (Compl., ¶ 1.) Primus alleges that Bailey, her manager at Kaiser, harassed her and retaliated against her due to her disability. (Compl., ¶ 3.) Defendants now demur to the second cause of action (breach of covenant of good faith and fair dealing), fou...

Excerpt: ...against Defendant XFusion Media Corporation in the amount of $51,404.97. After reviewing Plaintiff's default judgment package, the Court finds the following defects:  Plaintiff's action is on a written obligation to pay money, so either the original agreement or a declaration explaining loss or unavailability of the original must be provided along with a proposed order to accept a copy in lieu of the original. Plaintiff only attached a true co...

Excerpt: ...Warren, Jr. (“Defendant”). Plaintiff seeks a declaration from the Court that Plaintiff's Deed of Trust is now and has at all times since September 19, 2008, been a valid, binding, and enforceable first trust deed lien securing the subject Promissory Note in the original principal amount of $252,000.00 with the subject property; a declaration that Plaintiff is the beneficiary of the Deed of Trust, and the holder in due course of the subject Pr...

Excerpt: ...er (the “Order”) denying Plaintiff's motion for preliminary injunction. According to the Proof of Service attached to the Notice of Ruling on Motion for Preliminary Injunction, the Notice was served on Plaintiffs on February 28, 2018 by U.S. mail. The instant motion is unopposed. Discussion Code of Civil Procedure section 1008(a) provides: When an application for an order has been made to a judge, or to a court, and refused in whole or in par...

Excerpt: ...of the Third Amended Complaint (“TAC”) of Plaintiff Jack Azad (“Azad”) referencing punitive damages. Azad opposes. Defendants' two previous motions to strike punitive damages claims were granted with leave to amend. Meet and Confer Pursuant to CCP §§ 430.41, 435.5 and 439, before filing a demurrer, motion to strike or motion for judgment on the pleadings, the moving party must meet and confer in person or by telephone with the party who...

Excerpt: ...) move for summary judgment, or in the alternative, for summary adjudication, on the First Amended Complaint (“FAC”) of Plaintiff Jorge Bayardo (“Bayardo”). The FAC asserts causes of action for disability discrimination, race discrimination, harassment based on disability and race, failure to accommodate, failure to engage in meaningful interactive process, retaliation, failure to prevent discrimination, harassment, and retaliation, and v...

Excerpt: ...homas Markle and Janice Markle (“Plaintiffs”) filed this action on March 28, 2017 against Defendant Ford Motor Company (“Ford”) alleging violations of provisions of the Song-Beverly Consumer Warranty Act and the Magnuson-Moss Act. On December 22, 2017, Ford served Plaintiffs with Requests for Admissions, Set One, Form Interrogatories, Set One, Special Interrogatories, Set One, and Requests for Production of Documents, Set One. (Hughes Dec...

Excerpt: ...videntiary, issue, terminating, and monetary sanctions against Plaintiffs and Cross-Defendants <0048004f0003000b00b300 00030044005100470003[Plaintiff M and M JM, LLC (“M and M”) for failure to comply with the October 1, 2015 Stipulation and Order re Motion for Sanctions and to Compel Deposition (the “Order”). Markel opposes. Discussion Once a motion to compel further responses is granted, continued failure to respond or inadequate respons...

Excerpt: ...mber the maker of the pickup. The pickup developed electrical problems. Judge Beaudet's husband took the pickup in to the dealer many times for the same electrical problem. The pickup was tested with some device while it was operating, and eventually, the manufacturer and the dealer agreed to take the pickup back and refund the purchase price. No litigation was involved. Judge Beaudet does not believe that her experience will cause her to be bias...

Excerpt: ...s, Virgilio Castro, Jonathan Castro, and Eduardo Fuentes (collectively, “Plaintiffs”) filed this action on August 07, 2017, against Defendants NOHO MBK, LLC (“NOHO”); MBK Management Corp. (“MBK”), NOHO Arts Apts., LLC, and 6641 Etiwanda LLC (collectively, “Defendants”). Plaintiffs allege Defendants are the owners and property managers of property where Plaintiffs live; that the property is uninhabitable due to cockroaches, bed bug...

Excerpt: ...”) brings this demurrer to the Complaint of Plaintiff Ana Alicia Reyes (“Reyes”). The Complaint asserts causes of action for violations of statutory obligations, namely, the Song‐Beverly Act. GM demurs to the seventh cause of action (fraud by omission). GM also moves to strike allegations of punitive damages from the Complaint. Reyes opposes both. Discussion A demurrer can be used only to challenge defects that appear on the face of the p...