Excerpt: ...e purchased. On January 17, 2018, Plaintiff filed the operative Complaint alleging causes of action for (1) breach of contract, (2) fraud, (2) negligent misrepresentation, (4) breach of fiduciary duty, and (5) constructive fraud. Demurrer Defendant demurs to all claims for failure to state sufficient facts. (1) Statute of Limitations Defendant argues that the second through fifth causes of action are time-barred. Specifically, Defendant argues th...

Excerpt: ...s seek a lien against certain real property in which Defendant Alvarenga maintains an interest. (See Abarca Decl., Exhibit 4.) Plaintiffs request a writ of attachment because they seek to ensure that upon any judgment in their favor Alvarenga is not insolvent. Code Civ. Proc. § 484.090(a) provides, At the hearing, the court shall consider the showing made by the parties appearing and shall issue a right to attach order, which shall state the amo...

Excerpt: ...aint (“FAC”) alleging causes of action for (1) failure to pay wages due, (2) failure to pay prevailing wages due, (3) failure to pay overtime wages, (4) failure to provide rest breaks, (5) failure to indemnify for necessary expenditures, (6) failure to provide accurate wage statements, (7) failure to pay wages due upon termination, (8) unlawful recovery of wages, (9) unfair and unlawful competition, and (10) Private Attorneys General Act. Def...

Excerpt: ...ng a motion to strike as to the Complaint's prayer for punitive damages. A demurrer is not the proper vehicle by which to challenge a claim for damages; thus, the Demurrer is overruled. Because the Motion to Strike is unopposed, the impropriety of punitive damages is conceded. (See DuPont Merck Pharmaceutical Co. v. Superior Court (2000) 78 Cal.App.4th 562, 566.) The Motion to Strike is granted, with twenty days leave to amend. ...

Excerpt: ...ed Complaint (“SAC”) alleges causes of action for (1) declaratory relief (by Heger), (2) quantum meruit (by Blair Adhesive Products, Inc), (3) breach of oral contract (by Heger), (4) breach of oral contract (by Blair Adhesive Products, Inc.), (5) fraud—intentional misrepresentation (by Heger), (6) fraud— intentional misrepresentation (by Blair Adhesive Products, Inc.), and (7) Labor Code violations. Plaintiff Heger seeks to compel further...

Excerpt: ...6[ Moving Party: (1) Defendants Leondard Steiner and Steiner & Libo, P.C. <0048004900480051004700 0052004f004400560003[Behunin Responding Party: Plaintiff Charles Schwab Tentative Ruling: The anti-SLAPP Motions directed at Michael Schwab are denied. <0036002f00240033003300 00030047004c00550048[cted at Charles Schwab are denied. <0051000300570052000300 00520056005700560003[is continued. On October 30, 2014, Michael B. Schwab (“Michael”) filed ...

Excerpt: ... consultation services for the Plaintiffs. On April 6, 2017, Plaintiffs filed the operative Complaint alleging causes of action for (1) violations of the Immigration Consultants Act, (2) fraud, (3) negligent misrepresentation, (4) negligence, and (5) acts of unfair competition. Plaintiff Alvarado moves to compel the deposition of Defendant Irma Delgado who failed to appear at her noticed deposition. Plaintiff Robles moves to compel responses to h...

Excerpt: ... provided are incomplete and evasive. Plaintiff provided supplemental responses to the interrogatories at issue on October 20, 2017. Normally, such would make the Motion moot. However, given that the Aril 30, 2018, trial date looms, the Court has reviewed the supplemental responses. The Motion is granted as to form interrogatories nos. 8.7, 8.8, 9.1, 17.1, 50.1, 50.2, 50.3, and 50.4. This is because the responses to such interrogatories are evasi...

Excerpt: ...he operative Complaint alleging causes of action for (1) disability discrimination, (2) FEHA failure to provide reasonable accommodations, (3) FEHA failure to engage in the interactive process, (4) wrongful termination in violation of public policy, (5) intentional infliction of emotional distress (“IIED”), and (6) retaliation in violation of public policy. Defendant Ian Plumbley demurs to all causes of action on the ground that Plumbley--as ...

Excerpt: ...ommon count. Defendant Afshin Akhavan, D.O. (a professional corporation) dba Casa De Salud demurs to the Complaint arguing that it was not a party to the subject contract and that it received no consideration. Defendant first argues that the contract was executed by Casa De Salud, Inc., which is a different entity than Afshin Akhavan, D.O. which has a dba of Casa De Salud. (See RJN, Exhibit 4.) However, the Complaint provides there is no separate...

Excerpt: ...ubpoenas on Defendant Nimni's psychiatrists and medical providers; specifically, two subpoenas were served on Nimni's psychiatrists—Dr. Kiesel and Dr. Newman—and one subpoena was served on Cedars- Sinai Heart Institute. Nimni seeks to quash all three subpoenas arguing that the documents sought are subject to the physician/psychotherapist-patient privilege and contain information subject to privacy rights. Plaintiffs oppose the Motion, arguing...

Excerpt: ... in part. On 1/24/14, Plaintiff 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...

Excerpt: ...summons or complaint in this action such that the judgment should be set aside pursuant to Code Civ. Proc. § 473.5(a). Further, Defendant asserts he was never served with any other filings in this action. Rather, he stopped on May 1, 2015using the address (1790 W. Garvey Ave. # C, Monterey Park, CA 91754) to which all papers were sent. (M. Chang Decl. ¶ 3.) Defendant contends that he first learned of this action when his brother, Jonas Chang, c...

Excerpt: ...tion of Lab. Code § 226.7, (3) violation of Lab. Code § 201, (4) violation of Lab. Code § 2926, (5) violation of Bus. & Prof. Code § 17200, et seq., (6) intentional infliction of emotion distress, and (7) retaliation and wrongful termination in violation of public policy. Defendants move to compel arbitration on the basis of an independent contractor agreement between Plaintiff and Defendant Shastic Inc. containing an arbitration provision. (...

Excerpt: ...nt unit such that toxic mold developed and forced the Plaintiff to leave the property. On October 6, 2017, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) negligence, (2) breach of implied covenant of habitability, (3) constructive eviction, and (4) uncured building violations. Demurrer Defendant demurs to all claims for failure to state sufficient facts. (1) Negligence Defendant demurs to the f...

Excerpt: ...odge Durango purchased by Plaintiff on February 27, 2012. Plaintiff filed the operative Complaint on May 18, 2016, alleging causes of action for (1) breach of express warranty—violation of Song- Beverly Act, (2) Breach of Implied Warranty—Violation of Song-Beverly Act, (3), fraudulent inducement—concealment, and (4) negligent repair. Motion for Attorneys' Fees, Costs, and Expenses The parties have settled this matter via an offer made pursu...

Excerpt: ..., and the below- identified venue issue as well. Defendant Waterman, joined by Defendant Berns both individually and as trustee for the Daniel M. Berns 2016 Revocable Family Trust, moves to compel arbitration. Defendants argue that this action asserts claims arising out of a purchase agreement for real property which contains an arbitration provision. (Waterman Decl., Exhibit 1.) However, the subject agreement was not executed by Plaintiff in his...

Excerpt: ...nder payment for aerial coordination services in connection with the film Sully. The operative Second Amended Complaint (“SAC”) alleges causes of action for (1) declaratory relief (by Heger), (2) quantum meruit (by Blair Adhesive Products, Inc), (3) breach of oral contract (by Heger), (4) breach of oral contract (by Blair Adhesive Products, Inc.), (5) fraud—intentional misrepresentation (by Heger), (6) fraud— intentional misrepresentation...

Excerpt: ...ally contends that the action is not time‐barred because the statute of limitations began to run on December 8, 2014, when Jenkins was relieved as counsel; further, as to actual injury, the limitations period did not begin to run until November 3, 2015, when Plaintiff hired attorney Mink. Code Civ. Proc. § 675 provides in relevant part: “The verdict may be vacated and any other decision may be modified or vacated, in whole or in part, and a ...

Excerpt: ...s for reconsideration (Code Civ. Proc. § 1008(a)), as to the sanctions award against her. Pensanti argues that she was suspended by the State Bar at the time of the motion hearing and was under the mistaken belief that she could not appear at the hearing to defend herself; additionally, Pensanti argues that sanctions should not have been awarded against her because Defendant's notice of motion failed to request sanctions against her. While the r...

Excerpt: ...s an action arising from Defendants Kelk's and Langdon's libelous statements at an ex parte hearing in Bidari v. Kelk, SC115503. Kelk and Langdon stated in their declarations that Plaintiffs attempted to murder Kelk. On May 31, 2016, Plaintiffs filed the operative First Amended Complaint alleging causes of action for (1) libel per se, (2) malicious prosecution, (3) intentional infliction of emotional distress, (4) defamation, (5) intentional infl...

Excerpt: ...ervices for the Plaintiffs. On April 6, 2017, Plaintiffs filed the operative Complaint alleging causes of action for (1) violations of the Immigration Consultants Act, (2) fraud, (3) negligent misrepresentation, (4) negligence, and (5) acts of unfair competition. Motions to Compel Plaintiffs bring three Motions to Compel Further Responses, two as to form interrogatories served on Defendants Irma Delgado and Genesis Immigration Services and one as...

Excerpt: ... operative Complaint alleging causes of action for (1) breach of implied warranty under the Song-Beverly Act, and (2) breach of express warranty under the Song-Beverly Act. Motion to Compel Plaintiff brings a motion to compel the further deposition of Defendant's PMK as to those categories in connection with which Defendant did not produce a PMK and as to those categories the PMK was not prepared for at the deposition. Plaintiff also seeks the fu...

Excerpt: ...pensation reimbursement case alleging a single cause of action against Defendant based on the same facts giving rise to the instant dispute. Previously, the Defendant brought a motion to consolidate which was denied without prejudice because no notice of related case was filed. (See Local Rule 3.3(g).) Defendant has now filed a notice of related case and brings a renewed motion to consolidate. (Code Civ. Proc. § 1008(b).) Defendant provides that...

Excerpt: ...ena, CA 91001. The Garcias' Third Amended Complaint (“TAC”) asserts causes of action for (1) cancellation of instruments, (2) quiet title, (3) promissory estoppel, (4) negligent misrepresentation, (5) negligence, (6) breach of contract, (7) accounting, and (8) constructive trust. On 2/3/17, Hertz filed a cross-complaint against the Garcias, Fremont, Chase Manhattan, and Chicago Title for (1) quiet title, (2) trespass, (3) establishment of eas...