Excerpt: ...dants”) RESPONDING PARTY: Plaintiffs The Court has reviewed the moving and opposition papers. No reply papers were filed. Any reply papers were required to have been filed and served at least five court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND The currently operative first amended complaint (the “FAC”) alleges 24 causes of action arising out of alleged wrongful co...

Excerpt: ... considered the moving, opposition and reply papers. BACKGROUND This action arises out of a landlord/tenant relationship. On June 2, 2022, Plaintiff filed a complaint (the “Complaint”) alleging: (1) breach of the implied warranty of habitability; (2) breach of the implied covenant of quiet enjoyment; (3) violation of statutory duty (failure to return security deposit); (4) unfair trade and business practices; (5) nuisance; (6) constructive ev...

Excerpt: ...ourt has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. The currently operative first amended complaint (the “FAC”) alleges: (1) failure to pay minimum wage; (2) failure to pay overtime compensation; (3) failure to pay wages for missed rest periods; (4) failure to pay wages when due; (5) failure to provide accurate and itemized wage statements; and (6) violation of the Unfa...

Excerpt: ...ed and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND On August 28, 2023, Petitioner filed a petition (the “Petition”) to establish the Court's jurisdiction over an uninsured motorist arbitration for purposes of enforcing discovery procedures pursuant to Insurance Code section 11580.2, subdivision (f). On September 1, 2023, Petitioner filed: (1)...

Excerpt: ...dra; Boualiene Syprasert; and Jack Edjourian (collectively, “Plaintiffs”) RESPONDING PARTY: Defendants/Cross-Complainants Chronicpractor Caregiver, Inc. (“CCI”), Eric Loyola (“Loyola”), and Daniela Alexander (“Alexander”) (collectively, “Defendants”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute concerning the ownership of a marijuana dispensary. The currently ...

Excerpt: ...la; and (2) Defendants Christian Church (Disciples of Christ) Pacific Southwest Region, McCarty Memorial Christian Church, Branden Hendricks, Lorenzo Johnson, and Bruce Indermill (collectively, “Defendants”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. This action arises out of a landlord/tenant relationship. The currently operative operative third amended c...

Excerpt: ...rsity (“Moving Defendant”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. The currently operative second amended complaint (the “SAC”) alleges: (1) discrimination; (2) harassment; (3) retaliation; (4) failure to prevent, investigate and remedy harassment and discrimination; (5) whistleblower retaliation; and (6) reprisal/retaliation. [1] On December 11, 20...

Excerpt: ...red to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND Plaintiff's complaint (the “Complaint”) alleges: (1) professional negligence/legal malpractice. On December 1, 2023, Moving Defendant filed a motion to compel Plaintiff's deposition and production of documents (the “Motion”). The Motion also requests monetary sanctions...

Excerpt: ...YED. DEFENDANT TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. BACKGROUND On October 6, 2023, Plaintiff filed a complaint against Defendants, asserting causes of action for FEHA violations. ANALYSIS “On petition of a part...

Excerpt: ... considered the moving, opposition and reply papers. BACKGROUND This action arises out of the sale of an allegedly defective vehicle (the “Vehicle”) that was manufactured by Defendant. On February 25, 2021, Plaintiff filed a complaint (the “Complaint”) alleging: (1) breach of implied warranty of merchantability under the Song-Beverly Act; and (2) breach of express warranty under the Song-Beverly Act. On December 2, 2021, the Court granted...

Excerpt: ...a, Inc. (“Outfront”) The Court has considered the moving, opposition and reply papers. BACKGROUND The currently operative fifth amended complaint (the “FAC”) alleges: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) breach of fiduciary duty; (4) fraud; (5) intentional interference with contractual relations; and (6) aiding and abetting breach of fiduciary duty. The cross-complaint (the “XC�...

Excerpt: ...rs. No opposition papers were filed. Any opposition papers were required to have been filed and served at least 14 days before the hearing under California Code of Civil Procedure (“CCP”) section 437c, subdivision (b)(2). BACKGROUND This action arises out of a landlord/tenant relationship. The currently operative second amended complaint (the “SAC”) alleges: (1) breach of contract; (2) breach of implied covenant of good faith and fair dea...

Excerpt: ...ROUND Plaintiff's complaint (the “Complaint”) alleges 16 causes of action arising out of an employment relationship. On November 27, 2023, Moving Defendant filed: (1) a motion to compel further responses to Requests for Production, Set One (the “RFP Motion”); (2) a motion to compel further responses to Form Interrogatories, Set One (the “FROG Motion”); and (3) a motion to compel further responses to Special Interrogatories, Set One (t...

Excerpt: ...Moving Defendant”) RESPONDING PARTY: Plaintiffs The Court has considered the moving, opposition and reply papers. BACKGROUND The currently operative second amended complaint (the “SAC”) alleges ten causes of action arising out of a landlord/tenant relationship. In relevant part, the SAC alleges: Plaintiffs began leasing an apartment (the “Unit”) from Moving Defendants in 2016. (SAC ¶ 25.) Throughout Plaintiffs' tenancy, the Unit had ha...

Excerpt: ...ARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND The currently operative second amended complaint (the “SAC”) alleges: (1) breach of contract (count 1); (2) breach of contract (count 2); (3) breach of fiduciary duty; (4) breach of guaranty; (5) conversion; (6) negligent misrepresentation; and (7) fraud and concealment; and (8) civil theft under Penal Code section 496. On October 10, 2023, Moving Def...

Excerpt: ...ce Motion”); and (2) a motion for determination of good faith settlement (the “Settlement Motion”). MOVING PARTIES: (1) Defendants/Cross-Complainants Brian Paya and Bita Paya (the “Paya Defendants”); (2) Defendants/Cross-Complainants S & A Realty Corp. and Nina Hunt (collectively, the “S & A Defendants”) RESPONDING PARTIES: (1) Plaintiffs; (2) the Paya Defendants The Court has considered the moving, opposition and reply papers. BACK...

Excerpt: ... opposition papers. No reply papers were filed. Any reply papers were required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND This action arises out of the sale of an allegedly defective vehicle (the “Vehicle”) that was manufactured by Moving Defendant. Plaintiff's complaint (the “Complaint”) alleges: (1) violations of...

Excerpt: ...papers. No opposition papers were filed. Any opposition papers were required to have been filed and served at least 14 days before the hearing under California Code of Civil Procedure (“CCP”) section 437c, subdivision (b)(2). BACKGROUND Plaintiff's complaint (the “Complaint”) alleges: (1) general negligence. In relevant part, the Complaint alleges: Plaintiff visited Moving Defendant's facility for an appointment on April 27, 2022. (Compla...

Excerpt: ... (a California Corporation) (“So Cal California”), and So Cal Practice Management, Inc. (a Montana Corporation) (“So Cal Montana”) (collectively, the “Entity Defendants”); and (2) Patrick Nazemi (“Nazemi”) (collectively, “Moving Defendants”) The Court has considered the moving papers. No opposition papers were filed. Any opposition papers were required to have been filed and served at least nine court days before the hearing u...

Excerpt: ...f The Court has considered the moving, opposition and reply papers. BACKGROUND This action was initiated on July 31, 2023 and arises out of an employment relationship. The currently operative first amended complaint (the “FAC”), filed on August 21, 2023, alleges: (1) whistleblower retaliation in violation of Labor Code section 1102.5; (2) age, sex, and gender discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (3)...

Excerpt: ...the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute over the enforcement of a money judgment. The currently operative fourth amended complaint (the “4AC”) alleges: (1) statutory voidable transfers; and (2) common law voidable transfers. On September 19, 2023, the Court issued an order directing Defendants to provide further responses to Requests for Production (“RFPs”), Set Five. On November 20, 2023, P...

Excerpt: ..., opposition and reply papers. BACKGROUND This action arises out of an employment relationship. Plaintiff's complaint (the “Complaint”) alleges: (1) race discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) harassment on the basis of race in violation of FEHA; (3) religious discrimination in violation of FEHA; (4) retaliation in violation of FEHA; (5) failure to prevent race discrimination, harassment, and reta...

Excerpt: ...opposition and reply papers. BACKGROUND Plaintiff's complaint (the “Complaint”) alleges claims that arise out of an employment relationship. On November 28, 2023, Plaintiff filed: (1) a motion to deem Requests for Admissions admitted (the “RFA Motion”); and (2) a motion to compel further responses (the “MTCF”) (collectively, the “Motions”). The RFA Motion concerns Requests for Admissions, Set Two (the “RFAs”). The MTCF concern...

Excerpt: ...oving Defendants”) RESPONDING PARTY: Non-party Michael Luparello (“Luparello”) The Court has considered the moving, opposition and reply papers. BACKGROUND On April 3, 2023, the Court entered a Final Judgment in Condemnation (the “Judgment”). On June 28, 2023, the Court granted Moving Defendants' motion for withdrawal of compensation after judgment to satisfy outstanding liens but required that an undertaking be posted. On August 28, 20...

Excerpt: ...) a motion to compel deposition (the “MTC”). MOVING PARTIES: (1) Defendant/Cross-Complainant Robert Lee (“Lee”); (2) Plaintiff/Cross- Defendant Jong Soo Park (“Park”) RESPONDING PARTIES: (1) Park; (2) Lee The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute concerning an alleged agreement to purchase real property. The currently operative first amended complaint (the “FAC�...