Excerpt: ...were not taken and unlawfully rounding. On January 3, 2018, Plaintiff filed the operative First Amended Complain (“FAC”) alleging causes of action for (1) failure to pay all wages due to illegal rounding, (2) failure to pay all wages due to auto-deduct meals, (3) failure to provide all meal periods, (4) failure to authorize and permit all paid rest periods, (5) derivative failure to timely furnish accurate itemized wage statements, and (6) vi...

Excerpt: ... Code § 1102.5. Defendant seeks to bifurcate the trial in this action to first conduct a phase in which it will be determined whether Plaintiff is a whistleblower prior to a second phase in which the remaining elements of whistleblower retaliation will be addressed. The Court appreciates Defendant's arguments, but disagrees that bifurcation is necessarily expedient or warranted otherwise in this matter. Further, the Court under the circumstances...

Excerpt: ...d Century Surety Company on behalf of DSC Craftsmen, Inc. Opposing Party: (1) Cross-Complainants Mark H. Savel Architects, Inc. and Mark Savel (2) Mark H. Savel Architects, Inc. and Commercial Air, Inc. Tentative Ruling: <0055004400510057004800 470011> <0051000300490052005500 005100440057004c0052>n of Good Faith Settlement is continued for further briefing. Motion for Summary Adjudication On July 26, 2017, Mark H. Savel Architects, Inc. (“Savel...

Excerpt: ...iff David Solomon filed this action against Defendants Spinal Solutions, Inc.; Roger Williams; Mary Williams; Crowder Machine and Tool Shop; William Crowder; Physicians of Midway, Inc.; and Olympia Medical Center arising out of alleged counterfeit and defective spinal screws (manufactured by Crowder Machine and Crowder, and distributed by Spinal Solutions and the Williams) which were placed into Plaintiff's back during lumbar fusion surgery by Ol...

Excerpt: ... be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest. (California Rules of Court (“CRC”) Rule 2.550, subd. (d).) A party moving to seal records must make a sufficient evidentiary showing to overcome the presumed right of public access to the documents. (see Huffy Corp. v. Superior Court (“Huffy”) (2003) 112 Cal.App.4th 97, 108....

Excerpt: ...04c00 560003> sustained. Defendant Concord Ventures, Inc.'s Motion to Strike is granted. The Demurrer of Defendants De Miranda Property Management, Holiston Shankle, and Holiston Shankle Trust is sustained in part. The Motion to Strike of Defendants De Miranda Property Management, Holiston Shankle, and Holiston Shankle Trust is granted in part. This is an action arising from an alleged breach of the warranty of habitability. On May 15, 2018, Plai...

Excerpt: ...l. The operative Second Amended Complaint (“SAC”) asserts causes of action for (1) elder abuse, (2) negligence, and (3) violation of residents' rights. Demurrer Defendant Kingsley Ofoegbu demurs to the first cause of action for elder abuse. Defendant argues the SAC merely pleads professional negligence rather than neglect under Welfare & Institutions Code § 15610.57(a). Defendant also argues that a sufficient custodial relationship is not pl...

Excerpt: ...Family Irrevocable Trust dated August 31, 1967, filed this legal malpractice action against Defendants Henry H. Dearing, Michele Abernathy, and Gifford Dearing & Abernathy, LLP (“GDA”) arising out of the representation of the Trust in various trust matters in superior courts in Los Angeles County (BP146945 and BP147495) and Ventura County (56-2013-00444799-CU-OR-VTA). Defendants Henry Dearing, Michele Abernathy, and GDA move for summary adjud...

Excerpt: ...005700520003>Request for Production is denied. <0051000300570052000300 00560003005700520003>Requests for Admissions is denied. This is an action arising from alleged defects in a 2011 BMW 750 LI purchased by Plaintiff. On November 17, 2017, Plaintiff filed the operative Complaint alleging causes of action for (1) breach of implied warranty of merchantability, and (2) breach of express warranty under Song- Beverly Warranty Act. Motions to Compel F...

Excerpt: ...70003>as Counsel are granted. This is an action arising from Plaintiff's employment with Defendant Excell Prod Inc. as a <0049004c004f0048004700 005500440057004c0059>e Complaint alleging wage and hour claims as well as a cause of action for violations of the UCL. Compel Compliance Plaintiff seeks to compel compliance as to Defendant Excell Prod Inc.'s responses to requests for <00030015001b000f000300 0019000f00030017001b>-54, 56, and 57. Plaintif...

Excerpt: ...037004b0048> Motion to Reopen Discovery is denied. On 3/28/16, Plaintiff Thomas Layton filed this action against Defendant The State Bar of California and various individual defendants arising out of the termination of his employment. On 6/7/16, Plaintiff filed a First Amended Complaint. On 7/22/16, the Court sustained Defendants' demurrer to the FAC with leave to amend and stayed this action pending proceedings in the PERB. On 12/14/16, the Cour...

Excerpt: ...d breach of contract by Defendant Noribachi Corporation in connection with the sale of LEDs. On September 7, 2017, Plaintiff filed the operative Complaint alleging causes of action for (1) breach of contract, (2) breach of contract, (3) agreed value of goods sold and delivered, (4) reasonable value of goods sold and delivered, (5) account stated, and (6) open book account. On June 22, 2018, Noribachi filed a First Amended Cross-Complaint against ...

Excerpt: ...s, and (4) unfair competition. Defendant demurs to the first and third causes of action for uncertainty and failure to state sufficient facts. Since the filing of the Demurrer, Plaintiff has dismissed the third cause of action. Thus, at issue for the Demurrer is only the first cause of action for misappropriation of trade secret. Defendant argues such claim fails because Plaintiff has not adequately pled the existence of any trade secret. The Cou...

Excerpt: ...rey Scapa, and Wino 12 LLC. Plaintiff contends that Defendants waived their right to assert objections by serving late discovery responses and that the responses provided are inadequate. Defendants primarily argue that Plaintiff failed to meet and confer in good faith because his meet and confer letter referenced responses by Wino 12 LLC which Wino did not actually provide. Defendants contend that upon notifying Plaintiff of this, Plaintiff took ...

Excerpt: ...nt of any judgment or order. (b) If the enforcement of the judgment or order would be stayed on appeal only by the giving of an undertaking, a trial court shall not have power, without the consent of the adverse party, to stay the enforcement thereof pursuant to this section for a period which extends for more than 10 days beyond the last date on which a notice of appeal could be filed. (c) This section applies whether or not an appeal will be ta...

Excerpt: ... (2) breach of implied warranty of habitability, (3) violation of Civ. Code § 1942.4, (4) intentional infliction of emotional distress, (5) nuisance, and (6) retaliatory eviction. Defendant Dorian Murray, as the Trustee of the Albert J. Murray Trust, demurs to all causes of action because (1) it was not properly served with the summons and Complaint, (2) there is a misjoinder of parties, and (3) the Complaint is uncertain. Defendant's argument a...

Excerpt: ... operative Complaint alleging causes of action for (1) breach of fiduciary duty, (2) constructive fraud, (3) fraud, (4) negligent misrepresentation, and (5) unfair Business Practices. On April 20, 2018, the Court compelled the parties to arbitrate this matter. Non-party Wild Bunch, S.A. seeks to intervene in this action on the basis of having a lien against the judgment in this matter as it pertains to Plaintiffs Worldview Entertainment Holdings,...

Excerpt: ...bly incurred in connection with this action. Specifically, Defendant seeks to strike costs associated with overnight postage, data storage, attorney services, and court appearance attorneys. “If the items appearing in a cost bill appear to be proper charges, the burden is on the party seeking to tax costs to show that they were not reasonable or necessary. On the other hand, if the items are properly objected to, they are put in issue and the b...

Excerpt: ...ehzad Noorian; Dr. Mojtaba Sabahi; Dr. Farshad Nosratian; Dr. Farid Besharat; Dr. Marjan Chegounchi; and Jaadi Khomami Tentative Ruling: The Motions to Compel are granted in part. <0003000300030037004b00 00030049005200550003>Leave to Amend is granted in part. On 10/1/15, Plaintiff Christina Anakor filed this action against Defendants Kindred Healthcare Operating, Inc., Kindred Healthcare, Inc., KND 53, LLC, and KND Development 53, LLC dba Kindred...

Excerpt: ...the extent the remaining Defendants have been dismissed or have defaulted. The Court may have suggested that a motion for judgment on the pleadings as a general postulate would be one approach to seeking recovery of the interpleaded funds. While as a general proposition that might be workable in some cases of this type, and upon further reflection, it now appears that the issue of what entity should receive the interpleaded funds is not now suita...

Excerpt: ... as a referee for Defendants. On November 6, 2017, Plaintiff filed the operative Complaint alleging causes of action for (1) FEHA discrimination, (2) FEHA failure to accommodate, and (3) violation of Civ. Code §§ 51, 52. Defendants Channel Coast Volleyball Officials Association and Southern California Volleyball Officials' Association move to strike all references in the Complaint to punitive damages for failure to plead malicious, oppressive, ...

Excerpt: ... (1) (2) Plaintiffs Tomoe Michino and Mitch Michino <0010002600520050005300 0003002400550044004c[ Mitchell PC and John Arai Mitchell Tentative Ruling: The Demurrer to the Complaint is overruled. <0051000300570052000300 00560003005700520003>the Complaint is granted. <0055004800550003005700 00520056005600100026>omplaint is sustained in part. This is an action arising from Defendants' alleged professional negligence in representing Plaintiffs in a p...

Excerpt: ...017, Plaintiff filed the operative Complaint alleging causes of action for (1) employment discrimination, and (2) wrongful termination. Plaintiff now seeks leave to file a first amended complaint adding allegations which clarify his existing causes of action. Such allegations pertain to violations of Defendants' obligations under the FMLA and/or CFRA. Plaintiff contends he now seeks to make the aforementioned amendments because Plaintiff learned ...

Excerpt: ...ompany. On September 11, 2017, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) breach of fiduciary duty, (2) fraud, (3) conversion, (4) constructive trust, (5) indemnity, (6) declaratory relief, and (7) violation of Lab. Code § 2863. On September 25, 2017, the Court issued a Protective Order as to financial documents pertaining to Defendant that were obtained from her bank. The Protective Order...

Excerpt: ...ertain college football games, entered into a contract in which Defendant agreed to sell advertising time for the broadcast on behalf of Plaintiff and tender advertising fees to Plaintiff pursuant to a schedule. However, aside from tendering an initial guaranteed payment, Defendant allegedly failed to tender any other payments and eventually terminated the subject contract. On February 8, 2017, Plaintiff filed the operative Complaint alleging cau...