Excerpt: ...f the First Amended Complaint is DENIED in its entirety. Defendant's contention that it may avoid liability solely based upon Plaintiff's incorrect naming of her employer lacks merit. (Hawkins v. Pacific Coast Bldg. Products, Inc. (2004) 124 Cal.App.4th 1497, 1503). The initial complaint was brought against All Saints Healthcare, Inc. and Defendant admits it uses that name as a "dba." Here, no new defendant was added and notice of both th...

Excerpt: ... 9.40(b).) The application is incomplete and improperly verified. Additionally, the verified application of Jonathan D. Bletzacker and the declaration of current counsel Brian A. Lebrecht fail to comply with the requirements of Code of Civil Procedure section 2015.5. A verified statement must “(1), if executed within this state, state[ ] the date and place of execution, or (2), if executed at any place, within or without this state, state[ ] th...

Excerpt: ...te organization to conduct the arbitration if JAMS and AAA are not mutually agreeable. If the parties are unable to reach an agreement, they may petition the Court for a court-appointed arbitrator. (Code Civ. Proc. § 1281.6; 9 U.S.C. § 5.) The Court does not select an arbitration forum (Alan v. Superior Court (2003) 111 Cal.App.4th 217, 227), but rather selects an arbitrator and the rules of the arbitrator's forum shall govern. (HM DG, Inc. v. ...

Excerpt: ... address nor the appropriate person or office. In addition, Plaintiffs fail to allege estoppel in the Complaint and fail to establish that Defendant was required to inform Plaintiffs regarding the government tort claim procedures or forward misdirected claims. Further, Plaintiffs fail to establish that the Defendant made an affirmative representation or concealed facts to Plaintiffs thereby inducing reliance not to properly file a government clai...

Excerpt: ...rties who have appeared in this action. Lastly, Counsel's declaration does not state in general terms , without compromising confidentiality, why the motion is brought under Code of Civil Procedure section 284(2), rather than section 284(1). Moving party to give notice. ...

Excerpt: ...ount of $400 for reasonable expenses incurred. The Court finds that Defendant's failure to respond to an authorized method of discovery an abuse of the discovery process. Sanctions are warranted. (CCP sections 2023.010(d), 2030.290(b). ) Order signed this date. 2. Plaintiff Powermedia LLC's Unopposed Motion to Compel Responses to Form Interrogaries (Set One) by Defendant 6161 Santa Monica Associates, LTD ("Defendant") and Request ...

Excerpt: ...f has failed to fully comply with CRC 2.551(b)(1). First, there is no substantive memorandum. Second, the Declaration of Brandon Fernald only states that the parties have agreed to a protective order and makes reference to the Referee's report and recommendation, however it is not attached as Exhibit A . Yet this does not relieve the parties from complying with the requirements for an order to seal a court record. (See CRC 2.551(a).) The Cour...

Excerpt: ...ndants have failed to meet their burden that any of Plaintiff's claims fall within Code of Civil Procedure section 425.16. The request for a finding that the special motion to strike was frivolous and therefore an award of attorneys' fees to Plaintiff is warranted requires a separate noticed motion under section 128.5(f)(1)(A). “The reference to section 128.5 in section 425.16, subdivision (c), means a court must use the procedures and ...

Excerpt: ...cause of action. There are no allegations as to fraud or facts to establish promissory estoppel. Plaintiff failed to file an opposition. Leave to amend must be allowed where there is a reasonable possibility of successful amendment. Goodman v. Kennedy (1976) 18 Cal.3d 335, 348. The Court has no basis to believe that Plaintiff can successfully amend the complaint. Hence, leave to amend is not being granted. Counsel for Defendants to give notice. ...

Excerpt: ...Code of Civil Procedure section 1013a of a copy of the application and of the notice of hearing of the application on all parties who have appeared in the cause and on the State Bar of California at its San Francisco office.” (CRC 9.40(c)(1) (emphasis added).) Therefore, the Court shall grant the application once Defendants' counsel can demonstrate proper service and has filed the proof of service as required by Rule 9.40. The hearing is contin...

Excerpt: ... addition, Plaintiff may pursue alternative theories upon which relief is sought. Defendants fail to cite any authority that Plaintiff cannot state a common law breach of contract claim separately from a claim for statutory recovery under Civil Code section 1951.2. Defendants to Answer within 20 days. Counsel for Plaintiff to give notice. ...

Excerpt: ... the filing of the Complaint and seems to have abandoned the case. (Code of Civil Procedure section 585.410). Defendant to submit a Proposed Order, Proposed Judgment of Dismissal with prejudice, and give notice. 2. Defendants Aldridge Pite, LLP, Ariana Black, Annette I. Warren, Dave Dallal, John Duncan and Steven Pite's Unopposed Demurrer to Plaintiff's Complaint is SUSTAINED in its entirety without leave to amend. Plaintiff has not estab...

Excerpt: ... 25, 30), and being called "too sensitive" when she complained about harassment are sufficient. This is the pleading stage, and Defendant can explore the details of the alleged sex-based harassment, as well as whether the work environment was sufficiently hostile and abusive, in discovery. Defendant to Answer within 10 days. Counsel for Plaintiff to give notice. ...

Excerpt: ...ain to other vehicles and other warranty claims that are not relevant to plaintiffs' alleged defects pertaining to their specific vehicle (make, model and year). The Court finds that Plaintiffs have engaged in abuse of the discovery process. (CCP section 2023.010 (a),(c),(h), and (f).) The Court has previoulsy discussed at length, cautioned, and warned Plaintiffs' counsel's law firm, Strategic Legal Practices, APC, on numerous occasio...

Excerpt: ...s regarding fraud committed by Fantasy Cookie and changes the fifth cause of action for fraud to three causes of action for intentional fraud, negligent misrepresentation, and concealment. The FACC also removes the cause of action for breach of contract. It appears that the entire premise of Bar Bakers' motion is that “Fantasy Cookie was also surreptitiously negotiating with Encore to unilaterally set its business” and constitutes “new info...

Excerpt: ...mplied with the claims statutes. The demurrer is SUSTAINED without leave to amend as to the fourteenth cause of action for defamation. Defendant is correct that the tort claim does not reference defamation. The demurrer is also SUSTAINED without leave to amend as to the sixth cause of action for intentional infliction of emotional distress, as Plaintiff has failed to allege facts supporting severe or extreme emotional distress. Defendant to Answe...

Excerpt: ...ust 2017, even though the action was filed on January 24, 2017. The first Case Management Conference was conducted on May 9, 2017, and the Court gave the parties additional time to start discovery before setting the matter for trial. Plaintiff failed to diligently take advantage of the additional time given and now wants a trial continuance. Plaintiff has not demonstrated an excused inability to obtain discovery (Cal. Rules of Court, Rule 3.1332(...

Excerpt: ...ertains to the timing of other discovery methods in this litigation. Plaintiff proposed dates for the weeks of April 23 and April 30, to which the Court cannot find any response by Defendant in any of the email messages submitted by the parties, other than an objection to the timing, after it was clear that Plaintiff wanted to proceed with the deposition. In addition, it is unclear to the Court what specific "health issues" and "chall...

Excerpt: ...ndants filed the underlying complaint in this action to discriminate against De Jesus (FACC paragraph 22). Thus, the second cause of action clearly arises out of protected activity. Cross-defendants have met their burden to establish that the second cause of action falls within CCP section 425.16. Cross-Defendants are awarded reasonable attorneys' fees in the amount of $4,966.50 and costs in the amount of $60.00. Cross-Defendants to submit a prop...

Excerpt: ...falling under fraud, malice or oppression within the meaning of Civil Code section 3294, entitling plaintiffs to exemplary damages. [“The pleadings sufficiently allege facts setting forth long existing physical conditions of the premises which portend danger for the tenants. The pleadings also set out that respondents knew of those conditions for up to two years, had power to make changes, but failed to take corrective and curative measures. If...

Excerpt: ...s. The Court finds that Defendants have engaged in abuse of the discovery process by failing to sufficiently respond in good faith to valid discovery requests with complete answers, and failing to meet and confer. (Code of Civil Procedure section 2023.010(d), (f) and (i)). The Court also finds that Defendants failed to respond to Plaintiff's Counsel's detailed meet and confer letter dated December 12, 2017. Monetary sanctions in the amount of $76...

Excerpt: ...f's arguments unreasonable and unpersuasive, and further finds that Plaintiff has engaged in the abuse of the discovery process for failing to properly respond to a valid method of discovery by asserting unmeritorious objections and opposing this motion without substantial justification. (CCP section 2023.010(e), (f) and (h). ) Sanctions are warranted against Plaintiff in the amount of $3,560 and awarded to Defendants for reasonable expenses ...

Excerpt: ...ault. Proofs of Service filed January 10, 2018, indicate substitute service for Gaylord Cabunoc Rivera, Agent for Service of Process of Defendant Optima Health Care Services, Inc., via Mrs. Rivera, wife and co-occupant, on December 29, 2017 at 327 1/2 Prospect Ave., Long Beach, CA 90814. Default was entered March 1, 2018. As to Optima Health Care Services, Inc., the proof of service indicates attempted substitute service via Defendant's agent for...

Excerpt: ...tinuing the hearing and permitting Defendant an opportunity to respond, Defendant shall not be prejudiced by the late‐filed opposition. Additionally, the Court will address the petition on the merits, rather than grant the motion as unopposed. Plaintiff's Opposition has challenged the authenticity of the arbitration agreement, shifting the burden to Defendant. (Espejo v. Southern California Permanente Medical Group (2016) 246 Cal.App.4th 1047, ...

Excerpt: ...d confer declaration as described by section 435.5(2) by no later than May 4, 2018. Moving party to give notice. ...