Excerpt: ...to California Code of Civil Procedure §§ 426.30, see also AL Holding Co. v. O'Brien & Hicks, Inc. (1999) 75 Cal.App. 4th 1310, 1313-1314. A demurrer tests the legal sufficiency of the factual allegations in a complaint. City of Los Angeles v City of Los Angeles Employee Relations Bd. (2016) 7 Cal.App.5th 150, 158; Linda Vista Village San Diego Homeowners Ass'n, Inc. v Tecolote Investors, LLC (2015) 234 Cal.App.4th 166, 179. The function of a de...

Excerpt: ... judgment is denied for the same reasons summary adjudication is denied. Defendant's Evidentiary Objections to the Declaration of Christina Gibson Sustained: None. Overruled: 1-13. Defendant's Evidentiary Objections to the Declaration of Ronald L. Zambrano Sustained: None. Overruled: 1-5. Issues as Framed by the Pleadings The complaint alleges plaintiff was employed by defendant City of Hope first as a Personal Care Assistant and later as a nurse...

Excerpt: ...es not contain a “real property claim” (CCP § 405.31) or plaintiff cannot establish its “probable validity” by a “preponderance of the evidence” (CCP § 405.32); (2) the lis pendens proper, but bond provides adequate security (CCP § 405.33); or (3) for defects in statutory service and filing requirements are ground for expungement. (See CCP § 405.23; McKnight v. Sup.Ct. (Faber) (1985) 170 Cal.App.3d 291, 303) This motion is made on...

Excerpt: ...ilege or asserts a right to privacy over any of the responsive documents or information, B&G Foods North America shall simultaneously serve a privilege log with the document production that, at a minimum, identifies each document for which a privilege or privacy right is claimed, its author, recipients, date of preparation, and the specific privilege or privacy right claimed. B&G Foods North America and its attorney of record, jointly and several...

Excerpt: ...sts judicial notice of the following: (1) Deed of Trust recorded on July 29, 2019 (“Senior 2019 DOT”), as instrument number 20190744118 in the Official Records of the Recorder's Office of Los Angeles County; (2) Deed of Trust recorded on July 29, 2019 (“Junior 2019 DOT”), as instrument number 20190744119 in the Official Records of the Recorder's Office of Los Angeles County; (3) Construction Loan Deed of Trust, Assignment of Leases and Re...

Excerpt: ...unt of $100,890.37 pursuant to Civ. Code, § 1794(d). If a buyer prevails in a case brought pursuant to the Song-Beverly Consumer Warranty Act, “the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and pr...

Excerpt: ...sate for All Hours Worked, (3) Failure to Pay Overtime Compensation, (4) Failure to Pay Meal Period Compensation, (5) Failure to Pay rest Period Compensation, (6) Failure to Furnish Accurate Wage and Hour Statements, (7) Failure to Pay Wages Upon Discharge, (8) Statutory Penalties, (9) Failure to Indemnify and Illegal Deductions from Wages, (10) Violation of the Private Attorneys General Act of 2004, and (11) Unfair Competition. Defendants filed ...

Excerpt: ...Superior Court (2017) 13 Cal.App.5th 880, 889; Laymon v J. Rockcliff, Inc. (2017) 12 Cal.App.5th 812, 820. A judge must order arbitration of any dispute that the judge determines is within the parties' arbitration agreement, unless the right to compel arbitration has been waived or the agreement is otherwise unenforceable. Wagner Constr. Co. v. Pac. Mech. Corp., 41 Cal. 4th 19, 26; Garcia v Superior Court (2015) 236 Cal.App.4th 1138, 1144; See Aa...

Excerpt: ...Notice of Joinder in this motion on June 4, 2021. A party may not join in another party's summary judgment motion merely by filing a notice of joinder in the motion. Village Nurseries v Greenbaum (2002) 101 Cal.App.4th 26, 46–47; Frazee v Seeley (2002) 95 Cal.App.4th 627, 636. Each party moving for summary judgment must file the party's own separate statement at least 75 days before the hearing date in accordance with CCP § 437c(a)(2). Lerma v...

Excerpt: ...lson Mullins”) retainer agreement with defendant Corp. Capital Network, LLC (“CCN”), and naming Meinhardt, dated May 3, 2019; Nelson Mullins' billing statement dated October 20, 2020 addressed to CCN; Printout of New York State Registered Attorneys' online website showing the State Bar Number, contact and employment information for plaintiff Roger Rosendahl indicating that he is currently employed with Fisher Broyles; and Fisher Broyles ret...

Excerpt: ...ott Meller Sustained: 1, 2, 3, 8, 10, 11, 12, 13, 14, 17, 18. Overruled: 4, 5, 6, 7, 9, 15, 16, 19, 20, 21, 22. Declaration of Jamie Hayes Sustained: 5, 6, 7, 8, 9, 10, 11, 14, 15. Overruled: 1, 2, 3, 4, 12, 13. Declaration of Joseph Brunski Sustained: 1, 2, 3, 4, 5, 7. Overruled: 6. Declaration of Levon Akhkashian Sustained: 1, 2, 3, 4, 5. Overruled: 6. Motion for Summary Judgment/Adjudication The pleadings define the scope of the issues on a mo...

Excerpt: .... The complaint was for a violation of statutory obligations. In it, Plaintiffs alleged six causes of action: (1) Violation of Subdivision (d) of Civil Code Section 1793.2, (2) Violation of Subdivision (b) of Civil Code Section 1793.2, (3) Violation of Subdivision (a)(3) of Civil Code Section 1793.2, (4) Breach of Express Written Warranty, (5) Breach of Implied Warranty of Merchantability, and (6) Fraudulent Inducement – Concealment. On May 5, ...

Excerpt: ...Responses to Request for Production of Documents The motion to compel further responses is GRANTED. Defendant Graham Nudd is ordered to serve verified, code compliant responses to requests 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 within 20 days and to produce all responsive documents within 30 days. Responses and production is limited to the period from March 17, 2013 to the present. To the extent defendant claims a privilege or as...

Excerpt: ...Bachrach & Associates Insurance Services, Ryan Jones, and Does 1 through 100. The complaint alleges four causes of action: (1) Negligence, (2) Implied Equitable Indemnity, (3) Declaratory Relief, (4) Contribution. On January 6, 2020, Plaintiffs filed a First Amended Complaint alleging 5 causes of action: (1) Negligence, (2) Implied Equitable Indemnity, (3) Declaratory Relief, (4) Contribution and (5) Declaratory Relief. On December 7, 2020, Plain...

Excerpt: ...ides for attorney's fees specifically provided by statute or by agreement between the parties. (Code Civ. Proc. § 1021.) As the prevailing party, plaintiff is entitled to an award of fees and costs. Labor Code §§218.50, 226, and 1194, et seq. “[T]he starting point of every fee award…must be a calculation of the attorney's services in terms of the time he has expended on the case. Anchoring the analysis to this concept is the only way of ap...

Excerpt: ...v. Longwood Management Corp., et al., Los Angeles County Superior Court Case No. 19STCV31526 (“Knowles”). See Jalian Decl. ¶ 2, Ex. A. B. Minute Order dated January 28, 2021 sustaining Defendants' Demurrer to the First Amended Complaint with leave to amend in Knowles. See Jalian Decl. ¶ 3, Ex. B. C. Minute Order dated May 11, 2021 sustaining Defendants' Demurrer to the Second Amended Complaint without leave to amend in Knowles. See Jalian D...

Excerpt: ...vered by Plaintiff. The facts in the First Amended Complaint (“FAC”) are not plead with particularity, nor were any facts asserted to establish malice or oppression. Additionally, the use of the word damages in replace of penalties does not change the fact that the Court ruled that Plaintiff cannot recover penalties for the tenth cause of action. “The court may, upon a motion made pursuant to [CCP] §435, or at any time in its discretion, a...

Excerpt: ...e, Inc., (“Plaintiff”) filed a complaint against Defendants Urban Fitz, Inc., and David Yadidsion (“Defendants”) alleging five causes of action: (1) Breach of Contract, (2) Breach of Express Warranty, (3) Breach of Implied Warranty of Non-infringement, (4) Intentional Misrepresentation, and (5) Indemnity. On April 26, 2021, Plaintiff requested entry of default. Judgement has not been entered. On May 11, 2021, Defendant filed this motion. ...

Excerpt: ...int in Eminent Domain against Defendants Adrian Guerrero, Olivia Guerrero, City of Arcadia, Pacific Bell Telephone Company, Seaside Financial Corporation, OneWest Bank, FSB, Does 1 through 20 (“Defendants”). On March 29, 2021, Plaintiff filed this Motion for Order of Possession. On April 21, 2021, Defendant City of Arcadia filed a Response to the Complaint. On April 30, 2021, Plaintiff and Defendant City of Arcadia stipulated that the City of...

Excerpt: ... §1182.12-1194 (Minimum Wage), (2) Violation of Labor Code §226(a) (Non-Compliant Wage Statements), (3) Violation of Labor Code §§200-204 (Waiting Time Penalties), (5) Unjust Enrichment, and (6) Quantum Meruit. Defendant ZL filed its Answer on July 21, 2020. Discovery commenced. Defendant ZL filed a Motion for Leave to File a Cross-Complaint on February 11, 2021. Discussion Cross claims against complainants arising from the same transaction o...

Excerpt: ... issued subpoenas to Verizon Wireless and AT&T seeking any and all phone records pertaining to the following individuals from April 2014 through January 2018: defendant Steve Heimler and to third parties Hansa Shamsudeen, Gregory Karp, Jennifer Chatellier, Kara Wilder-Flowers, Romy Castille, and Sharlene Oddy. Defendants move to quash or modify these subpoenas. Discussion A motion to quash or modify a deposition subpoena for production of documen...

Excerpt: ...Today's Case Management Conference is CONTINUED to August 12, 2021 at 8:30 a.m. Demurrer Defendants demurrer to the first, second and third causes of action on the grounds they fail to state facts sufficient to constitute a cause of action and are uncertain. A demurrer tests the legal sufficiency of the factual allegations in a complaint. City of Los Angeles v City of Los Angeles Employee Relations Bd. (2016) 7 Cal.App.5th 150, 158; Linda Vista V...

Excerpt: ...notice of motion for one or more of the following purposes: (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her.” (Code Civ. Proc., § 418.10, subd. (a).) When a defendant challenges the court's personal jurisdiction on the ground of improper service of process, the burden is on the plaintiff to prove the existence of jurisdiction by proving the facts requisite to an effective service. (Summers v. ...

Excerpt: ...ing physical, mental, and emotional damages. Plaintiffs Juan Gutierrez and Kimberly Gutierrez filed the original Complaint on September 4, 2020. Plaintiffs submitted the First Amended Complaint (“FAC”) on December 31, 2020. The operative complaint names as Defendants: PIH Health Foundation d/b/a PIH Health Good Samaritan Hospital, Kim Sucha, M.D., Christina H. Economides, M.D., and DOES 1 through 20. The operative complaint alleges: (1) medic...

Excerpt: ... drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (Id., § 436(b).) The grounds for a motion to strike are that the pleading has irrelevant, false or improper matter, or has not been drawn or filed in conformity with laws. (Id., § 436.) The grounds for moving to strike must appear on the face of the pleading or by way of judicial notice. (Id., § 437.) “When the defect which justifies striking a...

Excerpt: ...otice is GRANTED. The court takes judicial notice of the opposition to motion for new trial filed in this case on April 28, 2021. Evid. Code §452(d). Discussion Any party to an action in which it is alleged that two or more parties are joint tortfeasors, or co-obligors on a contract debt, is entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or ...

Excerpt: ...ading is the Second Amended Complaint (“SAC”). Plaintiff filed suit alleging, among other things, claims for breach of fiduciary duty relating to Defendant the November First Partner – Ship (“NFP”) management of the Company. The Company owns the real property located at 357 South Broadway in Los Angeles (the “Property”). (SAC, ¶ 17.) Defendants Scott D. Schwartz and Patricia K. Schwartz (collectively the “Moving Parties”) are t...

Excerpt: ... third- party Los Angeles County Sheriff's Department to comply with the deposition subpoena for the production of records served November 10, 2020. Defendant Hathaway-Sycamores argues the records that it seeks are relevant to the case because the criminal investigation bears directly on the incident outlined in the Plaintiffs' complaint. (Motion at pg. 5.) These records are the type that can be disclosed under Government Code § 6250, and in its...

Excerpt: ... petition “must be verified by the petitioner and must contain a full disclosure of all information that has any bearing upon the reasonableness of the compromise.” (See Cal. Rules of Court, rule 7.950.) Rule 7.950 states that the Petition must be filed on Judicial Council Form MC-350 and must be fully completed. Petitions The three petitions filed herein are properly filed on the Judicial Council forms and are verified. The petitions show th...

Excerpt: ...”). The arbitration award issued on November 2, 2020 requires Respondents to pay a total of $105,271.28 to Petitioner. On February 8, 2021, Petitioner filed a petition to confirm arbitration award. On March 4, 2021, Petitioner filed a notice of motion and motion granting petition to confirm arbitration award. No opposition has been filed. Discussion “Regardless of the particular relief granted, any arbitrator's award is enforceable only when ...

Excerpt: ... (5) intentional infliction of emotional distress, and (6) unfair business practices. Plaintiff's Complaint stems from her employment with Defendant from April 1999 to when she was allegedly unlawfully terminated in September 2017. On February 5, 2021, the Court noted that jury fees were never posted. The Court then ordered the matter to proceed as a bench trial. On February 8, 2021, Plaintiff posted jury fees in the amount of $150. On March 3, 2...

Excerpt: ...ndants Paragon Relocation Resources, Inc. and Paragon Global Resources, Inc. for (1) breach of contract, (2) conversion, and (3) unjust enrichment. Plaintiff alleges it seeks monetary damages for Defendants' failure to pay under a written agreement between the parties. Defendants filed a cross-complaint on April 9, 2021, alleging causes of action for (1) breach of contract, (2) breach of oral contract, (3) breach of the implied covenant of good f...

Excerpt: ...ave to amend the complaint to add allegations about other products. The motion to strike punitive damages allegations is DENIED. (3) United Fabricare's Demurrer is OVERRULED. (4) United Fabricare's Motion to Strike is GRANTED IN PART, without prejudice to plaintiff's ability to seek leave to amend the complaint to add allegations about other products. The motion to strike punitive damages allegations is DENIED. (5) Occidental Chemical Corporation...

Excerpt: ... any of the responsive documents or information, defendant shall simultaneously serve a privilege log with the document production that, at a minimum, identifies each document for which a privilege or privacy right is claimed, its author, recipients, date of preparation, and the specific privilege or privacy right claimed. Discussion As a preliminary matter, the Court denies any request to order further responses not noticed in the underlying mot...

Excerpt: ...int”) against defendant Universal Protection Service, LP (“Defendant”). (RJN, Ex. F.) On March 5, 2021, Plaintiff served Defendant with Set Two Requests for Production of Documents and Special Interrogatories. (Decl. of Lauren Bakke Kalfsbeek, (“Kalfsbeek Decl.”), Ex. B.) Defendant alleges that through these requests, Plaintiff seeks volumes of employee data and documents for tens of thousands of individuals for the period of March 27, ...

Excerpt: ...ely $150,000 before he was apprehended in December 2018. Defendant AmGuard Insurance Company (“Defendant”) insured Plaintiff, and upon receiving an insurance claim relating to Kim's conduct, Defendant paid Plaintiff $10,000 which it claimed represented the policy limit demand for a single occurrence under its insurance policy (the “Policy”). Plaintiff sought to recover the $150,000 in losses under the Policy. On February 4, 2020 Plaintiff...

Excerpt: ...e entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff . . . and one or more alleged tortfeasors or co-obligors . . . .” “A determination by the court that the settlement was made in good faith shall bar any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor or co-obligor for equitable comparative contribution, or partial or comparative indemnity, based on...

Excerpt: ...cast talent in the news/sports industry. In or about 2013, Petitioner obtained a talent agency license pursuant to the Talent Agencies Act, Cal. Lab. Code, section 1700, et seq. Respondent was (and remains) an on-air talent in the broadcast news industry. In 2003, Respondent and Petitioner began working together at which time Respondent indisputably executed a written representation agreement (the “Representation Agreement”). (Petition, Exh. ...

Excerpt: ... in this action were residents the previously noted apartment complex located at 14715 & 14719 Chadron Avenue, Gardena, CA 90249 (the “Property”). Initially, the 53 individual Plaintiffs in this action filed two prior underlying cases that were consolidated into one (the “Underlying Action”) and were brought against Turnstone and other parties, including the owners of the Property. Again, those claims arose out of underlying allegations o...

Excerpt: ...ode Civ. Proc.”), section 473(b), a party and/or attorney may seek mandatory or discretionary relief from an entry of default, default judgment, and/or dismissal that was entered against the party due to mistake, inadvertence, surprise, or neglect (whether excusable or inexcusable) on the part of the party or the party's attorney of record. To move for relief under Code Civ. Proc., section 473(b), the party or attorney must submit a sworn affid...

Excerpt: ...Plaintiff filed the Motion for a New Trial. Objections to Evidence Defendant's objections 2 and 3 are SUSTAINED. Objection 1 is OVERRULED. Standard Grounds for new trial include: 1) Irregularity in the proceedings of the Court, jury or adverse party, or any order of the court or abuse of discretion by which either party was prevented from having a fair trial. 2) Jury misconduct 3) Accident or surprise, which ordinary prudence could not have guard...

Excerpt: ...al, the employer must post an undertaking in the form of a bond or a cash deposit. (Labor Code § 98.2(b).) “[F]iling of the notice of appeal vests jurisdiction in the superior court to conduct the trial de novo.” Palagin v. Paniagua Constr., Inc. (2013) 222 Cal. App. 4th 124, 132. Under the Bond and Undertaking Law, various types of deposits, including a cashier's check, may be made without prior court approval “[e]xcept ... to the extent ...

Excerpt: ...ed the arbitration award, and ordered Plaintiff's complaint to be dismissed with prejudice (“Order”). On December 24, 2020, Plaintiff filed a motion to vacate the Order. Though the motion was properly served on Defendant, the motion is unopposed. As of March 8, 2020, the stay is no longer in effect. Plaintiff moves to vacate the Order on the following grounds: (1) Plaintiff was fraudulently prevented from asserting her claim. For example, evi...

Excerpt: ... to strike all references of emotional distress is denied. Demurrer A demurrer tests the legal sufficiency of the factual allegations in a complaint. City of Los Angeles v City of Los Angeles Employee Relations Bd. (2016) 7 Cal.App.5th 150, 158; Linda Vista Village San Diego Homeowners Ass'n, Inc. v Tecolote Investors, LLC (2015) 234 Cal.App.4th 166, 179. The function of a demurrer is not to test the truth or accuracy of the facts alleged in the ...

Excerpt: ...thin the state of California only, is GRANTED. The motion to compel production of documents in categories 6, 9, 10, 11, 12, 13, and 19 limited to information regarding vehicles of the same make, model, and year of the subject vehicle only and within the state of California only, is GRANTED. Defendant's PMK shall attend deposition and produce the requested documents within 45 days. The deposition notice identifies the following categories: 1. All ...

Excerpt: ...ED. Plaintiff's Evidentiary Objections to the Declaration of Patrick J. Raue Objections 1-13 are SUSTAINED. Defendant's Evidentiary Objections Declaration of Aaina Duggal Objection 1 is SUSTAINED. Declaration of Payam Shahian Objections 25 – 37 are SUSTAINED. Objections 1 – 24, and 38-39 are OVERRULED. Discussion This is a lemon law action arising out of Plaintiff Michele Williams's (“Plaintiff”) purchase of a 2012 Kia Optima (the “Vehi...

Excerpt: ...ainer agreement dated May 3, 2019; (2) Nelson Mullins' billing statement dated October 20, 2020 addressed to CCN; (3) printout of New York State Registered Attorney's online website showing the State Bar Number, contact and employment information for Plaintiff indicating that he is currently employed by Fisher Broyles; and (4) Fisher Broyles's retainer agreement with CNN dated November 12, 2019. All requests for judicial notice are DENIED. Demurr...

Excerpt: ...(“Chase”). Plaintiff alleges that she was discriminated against and eventually her employment was terminated because of her degenerative back injuries and complaints about age discrimination she made. Defendants Lorena Barajas-Gomez erroneously sued herein as Lorena Barajas (“Barajas-Gomez”), and Elizabeth Carrillo (“Carillo”) were bank managers at the branch Plaintiff worked at. On November 3, 2020, Plaintiff filed her complaint agai...

Excerpt: ...ed its duty to him by not honoring his $50,000 benefits owed to him under Policy No. 911294128 (the “Policy”) after he was injured in a motor vehicle accident with an uninsured third party driver. More specifically, Plaintiff alleges that Defendant refused to honor to insurance contract by refusing to evaluate his claim, make a reasonable offer, and submit to arbitration. On October 3, 2019, Plaintiff filed his initial complaint. On March 25,...

Excerpt: ...alleges that “[o]n or about March 21, 2019, July 19, 2019, August 16, 2019, and November 14, 2019, Defendant KIA OF CARSON and/or DOES 51 through 60 breached its duty to Plaintiffs to use ordinary care and skill by failing to properly store, prepare and repair the Vehicle in accordance with industry standards.” (FAC ¶ 343.) Defendant also contends Plaintiffs' claim for negligent repair is barred under the economic loss rule. However, Plainti...

Excerpt: ...ch enforcement may be sought by a party to the arbitration agreement. (Code Civ. Proc., § 1280, subd. (e)(1).) The petition to compel arbitration functions as a motion and is to be heard in the manner of a motion, i.e., the facts are to be proven by affidavit or declaration and documentary evidence with oral testimony taken only in the court's discretion. (Code Civ. Proc., § 1290.2; Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal...

Excerpt: ...tional Highway Transportation Safety Administration's website at https://static.nhtsa.gov/odi/tsbs/2016/SB- 10080001-2280.pdf; 2) Recall U01 found on the National Highway Transportation Safety Administration's website at https://static.nhtsa.gov/odi/rcl/2018/RCRIT-18V049-9906.pdf; 3) Recall U02 found on the National Highway Transportation Safety Administration's website at https://static.nhtsa.gov/odi/rcl/2018/RCRIT-18V048-7075.pdf, and 4) Custom...

Excerpt: ...c. (“Cirrus”) for (1) violation of the Fair Employment and Housing Act (“FEHA”), (2) violation of California Labor Code § 1102.5, (3) wrongful termination in violation of public policy and (4) violation of labor code. Thereafter, Plaintiff filed a first amended complaint (“FAC”) on March 20, 2019, to clarify the facts asserted in her causes of action. On July 8, 2019, Plaintiff filed a second amended complaint (“SAC”), which incl...

Excerpt: ...d 2/1/21) TENTATIVE RULING The motion to strike regarding Plaintiff's punitive damages prayer is granted with leave to amend. The motion to strike regarding Plaintiff's other factual allegations and/or requests for other remedies/damages is denied. To avoid another appearance, the case management conference scheduled for 4/14/21 may be advanced to this date if the parties agree. See instructions/order re leave to amend and redline version on last...

Excerpt: ...ed with bipolar 1 disorder in 1995 and was placed on certain medications, including Klonapin and Lithium, for the purpose of controlling the bipolar issues. Plaintiff alleges these medications had successfully controlled his bipolar and related disorders and he was able to successfully obtain a college degree from a high-ranking national university, able to be successfully employed, and have an excellent quality of life while taking these medicat...

Excerpt: ...egal sufficiency of the factual allegations in a complaint. City of Los Angeles v City of Los Angeles Employee Relations Bd. (2016) 7 Cal.App.5th 150, 158; Linda Vista Village San Diego Homeowners Ass'n, Inc. v Tecolote Investors, LLC (2015) 234 Cal.App.4th 166, 179. The function of a demurrer is not to test the truth or accuracy of the facts alleged in the complaint; instead, the judge must assume the truth of all properly pleaded factual allega...

Excerpt: ...ous conduct. Defendants also move to strike the claims for punitive damages and attorneys' fees in the complaint. Demurrer “The elements of the tort of intentional infliction of emotional distress are: (1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plaintiff's suffering severe or extreme emotional distress; and (3) actual and pro...

Excerpt: ...seek judicial notice of the following five documents: (1) a true and correct copy of a webpage of the Office of Wage Standards of the City of Los Angeles reflecting the historical and current minimum wage in Los Angeles City, (2) a true and correct copy of the calendar for the year 2017, (3) a true and correct copy of the portion of the applicable DLSE Manual, (4) a true and correct copy of a Labor Commissioner Decision Brumbaugh v. Chain Letter,...

Excerpt: ...time in its discretion and upon terms it deems proper: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court. (Code Civ. Proc. § 436, subd. (a)-(b); Stafford v. Shultz (1954) 42 Cal.2d 767, 782.) In order to state a prima facie claim for punitive damages, a complaint m...

Excerpt: ...tests the legal sufficiency of the factual allegations in a complaint. City of Los Angeles v City of Los Angeles Employee Relations Bd. (2016) 7 Cal.App.5th 150, 158; Linda Vista Village San Diego Homeowners Ass'n, Inc. v Tecolote Investors, LLC (2015) 234 Cal.App.4th 166, 179. The function of a demurrer is not to test the truth or accuracy of the facts alleged in the complaint; instead, the judge must assume the truth of all properly pleaded fac...

Excerpt: ..., Inc., and Sersin Fernandez. On November 2, 2010, Automation Systems Network filed an amended cross-complaint. On March 2, 2012, the Court dismissed Automation Systems Network's first amended cross-complaint. On March 29, 2013, Plaintiff filed a first amended complaint. On September 26, 2014, the Court entered default judgment against Automation Systems Network in the amount of $1,415,774.60. On November 12, 2020, Plaintiff filed a motion to ame...

Excerpt: ...ng discovery may move the court for an order compelling that answer. (CCP § 2025.480(a).) For good cause shown, the court may grant leave for a subsequent deposition of that deponent. (CCP § 2025.610(b).) A motion to compel further production at deposition must “be made no later than 60 days after the completion of the record of the deposition.” (CCP § 20225.480(b).) The motion must be accompanied by a separate statement. The statement mus...

Excerpt: ...NTED IN PART. The court takes judicial notice of the following (Evidence Code §§ 452(c) and (d)):  Minute order dated 12/11/18 in Los Angeles Superior Court case number BC697314  Minute order dated 4/21/14 in Los Angeles Superior Court case number BC472056  Third Amended Complaint filed on 1/23/13 in the matter of Valencia Valley, LLC v Canas, et al., BC472056  Discharge of Debtor filed in bankruptcy case number 2:08-bk-16554-BR ...

Excerpt: ...NTATIVE] RULING RE: DEFENDANTS POYA GHASRI AND 10 10 FIGURE HOLDINGS, LLC'S DEMURRER TO THE THIRD AMENDED COMPLAINT AND MOTION TO STRIKE This is an action for wrongful foreclosure. The Second Amended Complaint (“SAC”) alleges that on May 1, 2018, Defendant Seaside Trustee, Inc. (“Seaside”) recorded an executed document entitled Trustee's Deed Upon Sale following a trustee's sale for property belonging to Plaintiff Ricardo Arredondo (“Ar...

Excerpt: ...lysis Plaintiff's claims against the moving defendants are for legal malpractice and breach of fiduciary duty. “In a legal malpractice action arising from a civil proceeding, the elements are (1) the duty of the attorney to use such skill, prudence, and diligence as members of his or her profession commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection between the breach and the resulting injury; and (4) act...

Excerpt: ... the legal sufficiency of the factual allegations in a complaint. City of Los Angeles v City of Los Angeles Employee Relations Bd. (2016) 7 Cal.App.5th 150, 158; Linda Vista Village San Diego Homeowners Ass'n, Inc. v Tecolote Investors, LLC (2015) 234 Cal.App.4th 166, 179. The function of a demurrer is not to test the truth or accuracy of the facts alleged in the complaint; instead, the judge must assume the truth of all properly pleaded factual ...

Excerpt: ... action. Cross Complainant may file a 2 nd amended cross complaint within 15 days. Demurrer A demurrer tests the legal sufficiency of the factual allegations in a complaint. City of Los Angeles v City of Los Angeles Employee Relations Bd. (2016) 7 Cal.App.5th 150, 158; Linda Vista Village San Diego Homeowners Ass'n, Inc. v Tecolote Investors, LLC (2015) 234 Cal.App.4th 166, 179. The function of a demurrer is not to test the truth or accuracy of t...

Excerpt: ..., (2) March 11, 2020 court order as Setoff of Judgment (BC659534), (3) Notice of Entry of Satisfaction of Judgment (BC659534), (4) Amended Notice of Appeal (Florida Action) in 0:17-CV-61019-KMW, (5) Motion to Stay (Florida Action) in 0:17-CV-61019-KMW, (6) Rubinstein/Fab Rock Motion to Stay in BC685560 – Points & Authorities, (7) Declaratory Relief First Amended Complaint (20SMCV01025), (8) Motion to Stay Briefing Schedule and For an Order Requ...

Excerpt: ... moves for reconsideration of the August 6, 2020 order granting defendants special motion to strike on the grounds the court did not address all case authority cited, the court did not address a case authority omitted by Plaintiff, and the court did not address defendant's alleged breach of the settlement. Any party affected by a court order may request a reconsideration of that order. (Code Civ. Proc. § 1008(a).) The propounding party must file...

Excerpt: ...ed an adverse action, whether Plaintiff received assignments based upon the needs of the facility whether Nettles was overconcerned with Plaintiff's sexuality whether Nettles made comments related to Plaintiff's sexuality, whether the workplace was offensive to Plaintiff so much that it caused her to be offended by workplace conduct, whether Nettle and Holguin made certain statements to constitute a sex-biased inference is in direct dispute, whet...

Excerpt: ... relations and intentional interference with prospective business advantage. Demurrer A demurrer tests the legal sufficiency of the factual allegations in a complaint. City of Los Angeles v City of Los Angeles Employee Relations Bd. (2016) 7 Cal.App.5th 150, 158; Linda Vista Village San Diego Homeowners Ass'n, Inc. v Tecolote Investors, LLC (2015) 234 Cal.App.4th 166, 179. The function of a demurrer is not to test the truth or accuracy of the fac...

Excerpt: ...c Policy Strong public policies favor enforcement of agreements to arbitrate disputes. Wagner Constr. Co. v Pacific Mechanical Corp. (2007) 41 Cal.4th 19, 25; Aanderud v Superior Court (2017) 13 Cal.App.5th 880, 889; Laymon v J. Rockcliff, Inc. (2017) 12 Cal.App.5th 812, 820. A judge must order arbitration of any dispute that the judge determines is within the parties' arbitration agreement, unless the right to compel arbitration has been waived ...

Excerpt: ... of action on the ground they fail to state facts sufficient to state a cause of action. Defendants demurrer to the 1 st, 2 nd, 3 rd, 4 th, and 5th causes of action on the ground of uncertainty. A demurrer tests the legal sufficiency of the factual allegations in a complaint. City of Los Angeles v City of Los Angeles Employee Relations Bd. (2016) 7 Cal.App.5th 150, 158; Linda Vista Village San Diego Homeowners Ass'n, Inc. v Tecolote Investors, LL...

Excerpt: ...terrogatories 15.1, 50.1 and 50.2 within 20 days. The requests for sanctions are denied. (2) Plaintiff's Motion to Compel Further Responses to Request for Production and for Sanctions is GRANTED IN PART. The motion to compel further responses is GRANTED. Defendant is ordered to serve verified, code compliant responses to requests 2, 3, 7, 21-22, 24-34, and 37-46within 20 days and to produce all responsive documents within 30 days. To the extent D...

Excerpt: ...rtificate of Election to Wind Up and Dissolve for Bella Vista Multi- Specialty Medical Group, Inc., as published by the State of California Secretary of State as of November 5, 2012; (2) the Articles of Incorporation of Diagnostic Associates, A Medical Group, Inc., as published by the State of California Secretary of State as of September 17, 1982,; (3) A true and correct copy of the Statement of Information for Diagnostic Associates, A Medical G...

Excerpt: ...amages, (iii) error in law and (iv) deficient evidence to support the verdict. (CCP §657.) When a verdict is rendered by the court and without a jury, the court has discretion to “add to the statement of decision, modify the judgment, in whole or in part, vacate the judgment, in whole or in part, and grant a new trial on all or part of the issues, or, in lieu of granting a new trial, may vacate and set aside the statement of decision and judgm...

Excerpt: ...Judicial Notice Defendants' request for judicial notice is GRANTED. The court takes judicial notice of: (1) the Complaint filed in Carrillo, et al. v. Longwood Management Corp., et al., Los Angeles County Superior Court Case No. 20STCV44876, (2) the Notice of Related Case filed in Phellippe Carrillo, et al. v. Longwood Management Corp., et al., Los Angeles County Superior Court Case No. 20STCV44876, filed December 2, 2020, (3) the Complaint filed...

Excerpt: ...icial Notice Defendants request for judicial notice is GRANTED and the court takes judicial notice of: (1) the September 26, 2019 Recorded Lis Pendens by Anthony Wright, (2) the Second Amended Complaint in case no. 18STCV04385 (“Action 1”), (3) the July 22, 2020 Order of the Court of Appeal in appellate case number B306697 of its intent to dismiss Anthony Wright's appeal of the Superior Court's order to arbitrate in Wright. et al. v. Morgan, ...

Excerpt: ...o Homeowners Ass'n, Inc. v Tecolote Investors, LLC (2015) 234 Cal.App.4th 166, 179. The function of a demurrer is not to test the truth or accuracy of the facts alleged in the complaint; instead, the judge must assume the truth of all properly pleaded factual allegations. A demurrer is not the appropriate method for challenging the merits of the plaintiff's case. Tenet Healthsystem Desert, Inc. v Blue Cross of Cal. (2016) 245 Cal.App.4th 821, 834...

Excerpt: ...ures is GRANTED. Evid Code §452. Evidentiary Objections Plaintiff's Evidentiary Objections 1, 2 and 3 are SUSTAINED. Defendant's Evidentiary Objections to the Declaration of Fredi Ventura Diaz are OVERRULED. Defendant's Evidentiary Objections to the Declaration of Andres Ventura Diaz are OVERRULED. Motion to Compel Arbitration Strong public policy favors enforcement of agreements to arbitrate disputes. Wagner Constr. Co. v Pacific Mechanical Cor...

Excerpt: ...onsist of ‘(1) misrepresentation (false representation, concealment, or nondisclosure); (2) knowledge of falsity (scienter); (3) intent to defraud (i.e., to induce reliance); (4) justifiable reliance; and (5) resulting damage.' [Citations.]” (Alliance Mortgage Co. v. Rothwell (1995) 10 Cal.4th 1226, 1239, 44 Cal.Rptr.2d 352, 900 P.2d 601 (Alliance Mortgage ); see Boschma v. Home Loan Center, Inc. (2011) 198 Cal.App.4th 230, 248, 129 Cal.Rptr....

Excerpt: ...separate statement of undisputed material facts.” (Cal. Rules of Court, Rule 3.1350(b).) The court may not summarily adjudicate claims or defenses as to which no triable issue was raised unless requested in the notice of motion. (Homestead Savings v. Superior Court (1986) 179 Cal.App.3d 494, 497-98.) When a notice of motion seeks only summary judgment, the presence of any triable issue requires denial of the motion. (Weil & Brown, Civ. Pro. Bef...

Excerpt: ... 2019 is GRANTED. Evid. Code § 452. Plaintiff's request for judicial notice of (1) the minute order Overruling Defendants' Demurrer to the First Amended Complaint, in this instant action, entered January 14, 2020; (2) Defendants' demurrer filed in this action on August 23, 2019; and (3) the minute order granting plaintiff's motion to compel further responses/discovery, entered August 4, 2020 is GRANTED. Evid. Code § 452. Demurrer A demurrer tes...

Excerpt: ...on, A California Corp.” under CCP § 473(b) and to Intervene under CCP § 387 are DENIED. Plaintiffs' Motion to Continue Trial is GRANTED. Trial is continued to August 30, 2021 at 10:00 a.m.; the Final Status Conference is continued to August 16, 2021 at 8:30 a.m. All related pretrial dates shall be set in accordance with the new trial date. Background This action involves consolidated cases concerning the purchase of real property for $8.3 mil...

Excerpt: ...ns in a complaint. City of Los Angeles v City of Los Angeles Employee Relations Bd. (2016) 7 Cal.App.5th 150, 158; Linda Vista Village San Diego Homeowners Ass'n, Inc. v Tecolote Investors, LLC (2015) 234 Cal.App.4th 166, 179. The function of a demurrer is not to test the truth or accuracy of the facts alleged in the complaint; instead, the judge must assume the truth of all properly pleaded factual allegations. A demurrer is not the appropriate ...

Excerpt: ...in the parties' papers unless the court has sustained objections to evidence therein and all inferences reasonably deduced from the evidence. (Id.) However, a court cannot grant summary judgment if the inferences are contradicted by other inferences or evidence that give rise to a triable issue as to any material fact. (Id.) When making a summary judgment ruling, the court must view all evidence in the light most favorable to the non-moving party...

Excerpt: ...reach of contract are: ‘(1) the contract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to plaintiff.'” (Coles v. Glaser (2016) 2 Cal.App.5th 384, 391.) The complaint alleges: Plaintiff entered into agreements with Kim, Han and Paik regarding confidentiality; Plaintiff performed all conditions, covenants and promises as provided for in the agreements; Kim, Han and Paik breached...

Excerpt: ...matters upon demurrer will be dispositive only in those instances where there is not or cannot be a factual dispute concerning that which is sought to be judicially noticed.” (Cruz v. County of Los Angeles (1985) 173 Cal.App.3d 1131, 1134.) “Thus, a court ruling on a demurrer cannot decide a question that may depend on disputed facts by means of judicial notice. This rule applies not only with respect to the interpretation of a contract, but ...

Excerpt: ... and to produce all responsive documents within 30 days. To the extent Rockport Administrative Services claims a privilege or asserts a right to privacy over any of the responsive documents or information, it shall simultaneously serve a privilege log with the document production that, at a minimum, identifies each document for which a privilege or privacy right is claimed, its author, recipients, date of preparation, and the specific privilege o...

Excerpt: ...ry of the order. (Id.) A request to reconsider the matter must consider “new or different facts, circumstances, or law.” (Id.) The judge that granted or denied the order must hear the reconsideration. (Id.) The party seeking the reconsideration must state by affidavit “what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown.�...

Excerpt: ...uous, or unintelligible. (Code Civ. Proc. § 430.10(f) and Beresford Neighborhood Assn. v. City of San Mateo (1989) 207 Cal.App.3d 1180, 1191.) Courts typically disfavor demurrers based on uncertainty, which the court strictly construes even when the pleading is uncertain in some respects. (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) A demurrer for uncertainty may be sustained when a defendant cannot reasonably determine...

Excerpt: ...omplainant's evidentiary objections are SUSTAINED. “‘While in general arbitration is a highly favored means of settling disputes [citation], it is beyond dispute a trial court may deny a petition to compel arbitration if it finds the moving party has waived that right…‘There is no single test for waiver of the right to compel arbitration, but waiver may be found where the party seeking arbitration has (1) previously taken steps inconsiste...

Excerpt: ... Affairs Contractors State License Board's (“CSLB”) record on its website, on a page entitled Check A License – Contractor's License Detail for License # 940413, in the name of NAMU CONSTRUCTION, issued on November 25, 2009; (2) the CSLB's record on its website, on a page entitled Check A License – Contractor's License Detail for License # 997839, in the name of NAMU DEVELOPMENT INC. dba NAMU CONSTRUCTION, issued on October 21, 2014; (3) ...

Excerpt: ...ss rule. Defendant further moves to strike punitive damages on the ground the complaint fails to state a viable claim for fraud or any other cause of action that can support a punitive damages claim and on the ground punitive damages are barred by GM's defenses. Demurrer A demurrer tests the legal sufficiency of the factual allegations in a complaint. City of Los Angeles v City of Los Angeles Employee Relations Bd. (2016) 7 Cal.App.5th 150, 158; ...

Excerpt: ...ge San Diego Homeowners Ass'n, Inc. v Tecolote Investors, LLC (2015) 234 Cal.App.4th 166, 179. The function of a demurrer is not to test the truth or accuracy of the facts alleged in the complaint; instead, the judge must assume the truth of all properly pleaded factual allegations. A demurrer is not the appropriate method for challenging the merits of the plaintiff's case. Tenet Healthsystem Desert, Inc. v Blue Cross of Cal. (2016) 245 Cal.App.4...

Excerpt: ...al Conduct, Rule 3.3; Cal Rules of Court, Rule 8.1115. Future violation of these rules may result in the issuance OSC re report to the State Bar. Request for Judicial Notice Plaintiff requests judicial notice of the minutes of the Supreme Court for the State of California, dated July 26, 2017, in the matter captioned Broadway Victoria, LLC v. Norminton, Wiita & Fuster, Case No. S242266. The request for judicial notice is granted. Evid. Code §§ ...

Excerpt: ...1.4 and 1281.7– do not permit a party to file a reply brief in support of a petition to compel arbitration. The objection is sustained. Discussion When a party to an arbitration agreement files a petition alleging the existence of a written agreement to arbitrate a controversy and that the other party to the agreement refuses to arbitrate this controversy, a judge must order the parties to arbitrate the controversy on determining that an agreem...

Excerpt: ...under 14 years of age unless the court finds that the party does not have a substantial interest in the case as a whole. A civil action subject to subdivision (a) shall be given preference over a case subject to this subdivision.” “Applying these rules of construction to section 36, subdivision (b) “compels the conclusion that the Legislature intended it to be mandatory.” (Rice v. Superior Court, supra, at pp. 86–87, 185 Cal.Rptr. 853.)...

Excerpt: ...gment; (2) Judgment – Unlawful Detainer; and (3) Minute Order filed on September 13, 2019. The request for judicial notice is GRANTED. Evid. Code §452. Demurrer Defendants demurrer to the 1 st, 2 nd, 3 rd, and 4 th causes of action on the grounds they fail to state facts sufficient to constitute a cause of action. Specifically, Defendants argue the judgment in Nava vs. Rangel, LASC case number 19STUD06692, precludes plaintiff's clains under th...

Excerpt: ...cs, morals, integrity or personal behavior of one's adversaries, unless such things are directly and necessarily in issue.” LASC Local Rules, Rule 3.26; Appendix 3.A, Guidelines for Civility in Litigation (c)(2). Defendant Balboa brings this demurrer to the 11 th cause of action for constructive fraudulent transfer pursuant to CCP §430.10(e) and (f) on the grounds that the complaint is uncertain and fails to state facts sufficient to constitut...