Excerpt: ...ng, opposition and reply papers. BACKGROUND Plaintiff's complaint (the “Complaint”) alleges 15 causes of action arising from an employment relationship. On September 8, 2023, Moving Defendant filed a motion to compel arbitration (the “Motion”) on the grounds that when Plaintiff began working for Moving Defendant, he signed agreements that contain provisions that require him to adjudicate his current claims in binding arbitration. REQUEST ...

Excerpt: ... “City” or “Pomona”) RESPONDING PARTY: Defendant/Cross-Complainant/Cross-Defendant Real Party in Interest, Regency Outdoor Advertising, Inc. (“Regency”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action concerns billboard structures (the “Billboards”) located in Pomona that are operated by Regency. On November 17, 2022, Regency filed a cross-complaint (the “XC”) alleging two causes of act...

Excerpt: ...rs were required to have been filed and served within 10 days of service as provided under California Code of Civil Procedure (“CCP”) section 1290.6. BACKGROUND On July 7, 2023, Petitioner filed a petition (the “Petition”) to establish jurisdiction over an underinsured motorist action. On July 10, 2023, Petitioner filed a motion to compel arbitration (the “Motion”) on the ground that Respondent has failed to respond to Petitioner's re...

Excerpt: ...e, LLC (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 five court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND This action arises out of a business relationship. On October 17, 2017, the Court granted summary judgment on Plaintiffs'...

Excerpt: ...RESPONDING PARTY: Cross-Defendant James West (“West”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of alleged construction defects at a residential property. In the Complaint, Plaintiff alleges that defendants, including West, breached their contracts with Plaintiff and were negligent in the performance of their duties in the construction of a single family residence (the “Project”). ...

Excerpt: ...intiff's complaint (the “Complaint”) alleges 11 causes of action arising from an employment relationship. On July 3, 2023, Plaintiff filed a motion to compel responses to various discovery requests propounded on Defendant (the “Motion”). DISCUSSION Under California Code of Civil Procedure (“CCP”) section 2030.290, subdivision (b), when a party directs interrogatories towards a party and that party fails to serve a timely response, the...

Excerpt: ...has considered the moving, opposition and reply papers. BACKGROUND Plaintiff's complaint (the “Complaint”) alleges: (1) violation of the Song-Beverly Consumer Warranty Act; (2) breach of the implied warranty of merchantability under the Song- Beverly Act; and (3) breach of express warranties pursuant to Commercial Code section 2313. Plaintiff filed a Notice of Settlement on April 26, 2023. On July 14, 2023, Plaintiff filed a motion for attorn...

Excerpt: ...n and reply papers. BACKGROUND The currently operative first amended complaint (the “FAC”) alleges: (1) breach of contract; (2) fraud by false promise; and (3) fraud by misrepresentation. In relevant part, the FAC alleges: After two of Moving Defendant's pet bulldogs were taken from her dog walker at gunpoint, Moving Defendant offered to pay a reward of $500,000 in exchange for the return of her dogs. (See FAC ¶¶ 10, 12, 13.) Plaintiff alle...

Excerpt: ...tate of Luigi Antonio Vernola (“Moving Defendant”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute over the assets of Decedent Luigi Antonio Varnola (“Decedent”). Plaintiff's complaint (the “Complaint”) alleges: (1) breach of contract. In relevant part, the Complaint alleges: On or around October 14, 2018, Decedent and Plaintiff signed a lette...

Excerpt: ...eply 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 section 1005, subdivision (b). BACKGROUND Plaintiff's complaint (the “Complaint”) alleges: (1) negligence; and (2) breach of fiduciary duty and emotional distress. In relevant part, the Complaint alleges: within the past three years, Plaintiff and Moving Defendant entered int...

Excerpt: ...eply 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 section 1005, subdivision (b). BACKGROUND Plaintiff's complaint (the “Complaint”) alleges: (1) negligence; and (2) breach of fiduciary duty and emotional distress. In relevant part, the Complaint alleges: within the past three years, Plaintiff and Moving Defendant entered int...

Excerpt: ...ion Plan (“MPPP”), by and through their successor Administrator Med- Legal Associates, LLC (“MLA LLC”) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiffs/Cross-Defendants The Court has considered the moving, opposition and reply papers. BACKGROUND On September 9, 2020, Plaintiffs filed a complaint (the “Complaint”) alleging: (1) intentional fraudulent transfer; (2) fraudulent transfer; (3) transfer resulting in debto...

Excerpt: ...reply papers. BACKGROUND The currently operative first amended complaint (the “FAC”) alleges 10 causes of action arising from an employment relationship. On August 16, 2023, Plaintiff filed a motion to compel further responses to Plaintiff's Requests for Production, Set Three (“RFPs”) and for monetary sanctions (the “Motion”). DISCUSSION Under California Code of Civil Procedure (“CCP”) section 2031.310, a motion to compel further ...

Excerpt: ...�) 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. On July 18, 2023, Plaintiff filed a motion to seal...

Excerpt: .... BACKGROUND This action arises out of the lease of an allegedly defective vehicle that was manufactured by Defendant. The currently operative second amended complaint (the “SAC”) alleges multiple violations of the Song-Beverly Act, fraud by omission, and negligent repair. On June 21, 2023, Plaintiff filed a motion to compel Defendant's further responses to Requests for Production (“RFP”), Set Two deposition (the “Motion”). DISCUSSION...

Excerpt: ...sidered 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 under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND Plaintiff's complaint (the “Complaint”) alleges 11 causes of action that arise out of an employment relationship. On August 24, 2023, Moving Defendant filed a motion for determinati...

Excerpt: ...n papers. The Court exercises its discretion and has considered the opposition papers despite Plaintiff's failure to comply with the requirements of California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND This action arises out of the purchase of an allegedly defective vehicle (the “Vehicle”) that was manufactured by Moving Defendant. Plaintiff's complaint (the “Complaint”) alleges: (1) breach of the Song-...

Excerpt: ...�); and Cross-Defendants 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, opposition and reply papers. BACKGROUND This action, which was initiated on April 2, 2021, arises out of a business relationship. The cross-complaint (the “XC”), filed on April 25, 2023, all...

Excerpt: ...dered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute over the enforcement of a previously issued judgment. The currently operative fourth amended complaint (the “4AC”) alleges: (1) statutory voidable transfers; and (2) common law voidable transfers. On March 10, 2023, the Court granted Plaintiff's motion to compel responses to Requests for Production (“RFPs”), Set Five and denied Defendants' motion...

Excerpt: ...nd reply papers. [2] BACKGROUND This action arises out of an employment relationship. The Complaint alleges: (1) breach of contract; (2) breach of the covenant of good faith and fair dealing; (3) fraud and deceit; (4) breach of fiduciary duty; (5) constructive fraud; (6) conversion; (7) misappropriation of trade secrets in violation of Civil Code section 3462; (8) violation of Business and Professions Code section 17200; and (9) declaratory relie...

Excerpt: ... opposition and reply papers.[1] BACKGROUND On July 28, 2021, Plaintiff filed a complaint (the “Complaint”) alleging violations of the Unruh Act. On July 26, 2022, Moving Defendant's default was taken, and on January 26, 2023, the Court entered default judgment against Moving Defendant. On June 29, 2023, Moving Defendant filed a motion to set aside the default and default judgment (the “Motion”) on the grounds that the service of the Comp...

Excerpt: ...ung (“Young”) and GB7 LLC (“GB7”) (collectively, “Cross-Complainants”) The Court 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) sexual battery; (2) sexual assault; (3) gender violence; (4) sexual harassment and harassment based on sex, gender, national origin, and race in violation of t...

Excerpt: ...n”) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND Plaintiff's complaint (the “Complaint”) alleges five causes of action arising out of an employment relationship. On August 1, 2023, Moving Defendants each filed three motions concerning discovery requests they propounded on Plaintiff (collectively, the “Motions”): (1) a motion to compel res...

Excerpt: ...and Seung Jae Baek (“Baek”) (collectively, “Defendants”) 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”) section 1005, subdivision (b).[1] BACKGROUND The currently operative first amended complaint (the “FAC”) alleges 24 causes of action ari...

Excerpt: ...PARTY: Plaintiffs William Gonzalez (“William”) and Michael Gonzalez (“Michael”) (collectively, “Plaintiffs”) [1] The Court has considered the moving, opposition and reply papers. BACKGROUND This action, which arises out of alleged law enforcement misconduct, was initiated on May 4, 2021. On October 28, 2022, Plaintiffs filed the operative third amended complaint (the “TAC”) alleging: (1) violation of Civil Code section 52.1; (2) v...