Excerpt: ... No opposition papers were filed. Any opposition papers were required to have been filed and served at least nine court days before the hearing pursuant to California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND The currently operative third amended complaint (the “TAC”) alleges nine causes of action arising out of an employment relationship, including a claim arising under the Private Attorneys General Act (�...

Excerpt: ...2023, Petitioner filed a notice of hearing on her petition to compel arbitration (the “Petition”) that was originally filed on August 30, 2023. The Petition contends that a dispute regarding remodeling work Respondent performed on Petitioner's residence is subject to binding arbitration pursuant to an arbitration provision (the “Arbitration Agreement”) in a written agreement entered into by Petitioner and Respondent. DISCUSSION The purpos...

Excerpt: ...papers were filed. Any opposition 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 an employment relationship. On February 14, 2023, Plaintiff filed the Complaint alleging: (1) breach of contract; (2) breach of the covenant of good faith and fair dealing; (3) fraud and deceit; (4) b...

Excerpt: ...��Cuzzolina”) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND Plaintiff's complaint (the “Complaint”) alleges intentional interference with contractual relations. In relevant part, the Complaint alleges: On or about May 14, 2021, Simplified obtained a judgment against Tricap International, LLC (“Tricap”) (the “Tricap Judgment”). (Complai...

Excerpt: ...OUND This action arises out of an attorney-client relationship. Plaintiff's complaint (the “Complaint”) alleges: (1) legal malpractice; (2) breach of contract; and (3) breach of fiduciary duty. On November 18, 2023, Plaintiff filed a motion for protective order (the “Motion”). The Motion requests a protective order limiting the number of responses that Plaintiff is required to provide to Defendant's Special Interrogatories, Set One (the �...

Excerpt: ...efendants Kalie Caldwell (“Caldwell”) and Harold Hildebrand (“Hildebrand”) (collectively, “Moving Cross-Defendants”) RESPONDING PARTY: Defendant/Cross-Complainant Move Sales, Inc. (“MSI”) The Court has considered 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”) s...

Excerpt: ...and Hugo Larios (“collectively, “Defendants”). The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. Plaintiff seeks punitive damages in connection with several of the claims in the operative first amended complaint (the “FAC”) brought under the Fair Employment and Housing Act (“FEHA”). Plaintiff filed a motion for an order to conduct pretrial discovery reg...

Excerpt: ...s considered 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 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 ...

Excerpt: ...papers were filed. Any opposition papers were required to have been filed and served at least nine court days before the hearing pursuant to California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). 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 dealing; (...

Excerpt: ...ion and reply papers. BACKGROUND This action arises out of alleged defects in the development and construction of a condominium development (the “Property”). Plaintiff's complaint (the “Complaint”) was filed on November 5, 2020 and alleges: (1) violation of Civil Code section 896; (2) breach of express warranties; (3) breach of implied warranties; (4) breach of fiduciary duty; and (5) breach of declaration of covenants, conditions, and re...

Excerpt: ...ved at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND On December 15, 2020, the Court entered judgment in favor of Plaintiff and against Defendant in the amount of $40,678.70. On October 4, 2023, Plaintiff filed a motion to enforce a deposition subpoena that was served on Defendant (the “Motion”). DISCUSSION Under CCP section 2025.450, if, after service o...

Excerpt: ...collectively, “Moving Defendants”) [1] RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a sublease arrangement. The currently operative second amended complaint (the “SAC”) alleges: (1) breach of oral agreement; (2) wrongful retention of security deposit under Civil Code section 1950, subdivision (c); (3) money had and received; (4) breach of the covenant of...

Excerpt: ...�Sentinel”) RESPONDING PARTY: Plaintiff General Star National Insurance Company (“Plaintiff” or “General Star”) The Court has considered the moving, opposition and reply papers. BACKGROUND In relevant part, the Complaint alleges: Moving Defendant issued a commercial general liability policy to Zuma House, LC (“Zuma”) (the “Sentinel Primary Policy”). (Complaint ¶ 5.) The Sentinel Primary Policy included business liability covera...

Excerpt: ... 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 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 dealing; (3) violation of the Fair Employment and Housing Act ...

Excerpt: ...oration (“Sushi KJ”) and Sang Woo Lee (“Lee”) (collectively, “Plaintiffs”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute concerning the sale of a business. On April 27, 2022, the Court granted Moving Defendant's demurrer (the “Demurrer”) to the negligent misrepresentation claim in Plaintiffs' third amended complaint (the “TAC”). On May 10, 2022, the Court enter...

Excerpt: ...quired to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure section 1005, subdivision (b). BACKGROUND This action arises from an employment relationship. Plaintiff's complaint (the “Complaint”) alleges a cause of action pursuant to the Private Attorneys General Act (“PAGA”) on behalf of Plaintiff and all other aggrieved employees for various Labor Code violations. Plaintiff and...

Excerpt: ...lectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND The currently operative third amended complaint (the “TAC”) alleges: (1) invasion of privacy; (2) sexual battery; (3) negligent hiring and retention; and (4) premises liability. In relevant part, the TAC alleges: as part of a job application, Plaintiff visited SCIMC to complete a physical exam and a drug...

Excerpt: ...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 This action arises out of alleged property damage. Plaintiff's complaint (the “Complaint”) alleges: (1) negligence; (2) negligent failure to maintain real property in a safe condition; (3) trespass; ...

Excerpt: ...pposition and reply papers. BACKGROUND This action arises out of a landlord/tenant relationship. Plaintiffs' complaint (the “Complaint”) alleges: (1) violation of Civil Code section 1950.5; (2) statutory fraud or deceit and common law fraud; (3) intentional misrepresentation; (4) negligent misrepresentation; (5) fraudulent concealment; (6) negligence; (7) negligence per se; (8) conversion; (9) breach of fiduciary duty; (10) breach of contract...

Excerpt: ...llectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND The currently operative third amended complaint (the “TAC”) alleges: (1) invasion of privacy; (2) sexual battery; (3) negligent hiring and retention; and (4) premises liability. In relevant part, the TAC alleges: as part of a job application, Plaintiff visited SCIMC to complete a physical exam and a dru...

Excerpt: ...nsidered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. Plaintiff's complaint (the “Complaint”) alleges a cause of action under the Private Attorneys General Act (“PAGA”). On August 10, 2023, Moving Defendant filed a motion to compel arbitration (the “Motion”) on the grounds that Plaintiff is required to resolve her individual PAGA claims in arbitration pursuant to an arbitrat...

Excerpt: ...Mr. Risner”) and Adrianna Risner (“Ms. Risner”) (collectively, “Plaintiffs”) The Court has considered the moving, opposition, and reply papers. BACKGROUND This action arises out of a landlord/tenant relationship. Plaintiffs' complaint (the “Complaint”) alleges: (1) negligence; (2) negligent hiring and supervision; (3) tortious breach of the warranty of habitability; (4) breach of the implied warranty of habitability; (5) breach of t...

Excerpt: ... Boualiene Syprasert (“Syprasert”); and Jack Edjourian (“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 mari...

Excerpt: ...paty, M.D. (“Nuthalapaty”); and Monica Keh (“Keh”) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of alleged misconduct that occurred during Plaintiff's admission at two skilled nursing facilities. Plaintiff's complaint (the “Complaint”) alleges: (1) breach of contract; (2) violation of the Elder/Dependent Abuse Act...

Excerpt: ... moving, opposition and reply papers. BACKGROUND This action arises out of alleged mishandling of Plaintiffs' investment property. The currently operative second amended complaint (the “SAC”) alleges: (1) breach of fiduciary duty; (2) California financial elder abuse; (3) Illinois financial elder abuse; (4) breach of contract; (5) breach of implied duty of good faith and fair dealing; (6) aiding and abetting breach of fiduciary duty; (7) negl...