Excerpt: ...fendants Western Christian School, Shauna Attwood, Michelle Browning, and Greg Saugstad (collectively, “Defendants”) on April 17, 2015. A First Amended Complaint was filed on December 3, 2015, asserting causes of action for (1) disability discrimination in violation of FEHA, (2) retaliation in violation of FEHA, (3) race/ancestry/national origin discrimination in violation of FEHA, (4) harassment in violation of FEHA, (5) retaliation in viola...

Excerpt: ...N Products, Inc. (“MTN”), Water Solutions (Hong Kong) Ltd. (“Water Solutions”), DS Services of America, Inc., and Gregory Spear (“Spear”). The claims arise from alleged breaches of a series of agreements between the parties for the development, manufacture, and sale of coffee brewing machines. Plaintiff alleges Defendants accepted the coffee brewing machines for further distribution, but failed to pay for shipments of the machines. Th...

Excerpt: ...LLC (“Rolls-Royce”) on February 13, 2018. The action arises from Plaintiff's leasing of a 2013 Rolls Royce Ghost from O'Gara, memorialized in a Motor Vehicle Lease Agreement (the “Agreement”). O'Gara now moves for an order compelling arbitration pursuant to an arbitration agreement executed by Plaintiff. Rolls-Royce indicates its consent to arbitrate the matter. The motion is unopposed. DISCUSSION In a motion to compel arbitration, the mo...

Excerpt: ...s to Plaintiff Terrance Marsh and SUSTAINED WITHOUT LEAVE TO AMEND as to Plaintiff Gesele Marsh. Defendants' demurrer to the second cause of action as to Plaintiff Gesele Marsh is SUSTAINED WITHOUT LEAVE TO AMEND. Defendants' demurrer for uncertainty is SUSTAINED WITH LEAVE TO AMEND as to Defendants Continental Currency Services, Inc. and Manheim Investments, Inc. Defendants' Motion to Strike is GRANTED. BACKGROUND Plaintiff Terrance Marsh (“Ma...

Excerpt: ...r 19, 2012. The motion is unopposed. [1] CCP §473(b) provides in pertinent: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein...

Excerpt: ...e I. BACKGROUND Trial Phase One, on the issue of the affirmative defense of judicial estoppel, took place on February 28 and March 1, 2018. Closing arguments are scheduled for August 1, 2018. However, as a result of this Court's unavailability to hear Trial Phase Two, this Court requested that the parties meet and confer regarding a stipulation to allow a different judge to preside over Phase Two. The parties were unable to reach a stipulation. O...

Excerpt: ...arbitration. BACKGROUND Plaintiff Eric Jordan (“Jordan”) brought this employment action against his former employers and managers on February 20, 2018. The Complaint asserts causes of action for, among others, various wage and hour violations, discrimination, harassment, and retaliation. Defendants Pioneer Medical Group, Inc. (“Pioneer”), Eagle Business Performance Services, LLC (“Eagle”), Pioneer Investment Enterprises, LLC (“Enter...

Excerpt: ...orporation (“Pacifica”) on April 14, 2017. Pacifica now moves for an order bifurcating the issue of the amount of punitive damages from the liability phase of trial. Carroll opposes the motion insofar as Pacifica is seeking to bifurcate the legal issue of punitive damages from the liability phase at trial. Carroll does not oppose bifurcating the discrete issue of the amount of damages from the liability phase at trial. In Pacifica's reply bri...

Excerpt: ...fendant Lloyd Bruce Sugarman (“Sugarman”) served Form Interrogatories, Set One to Plaintiff Robert Azinian (“Azinian”). (Tong Decl., ¶ 2.) Sugarman did not receive timely responses. (Tong Decl., ¶ 6.) Counsel for Sugarman attempted to meet and confer regarding these responses, to no avail. (Tong Decl., ¶¶ 7-12.) Sugarman now moves for an order compelling Azinian to provide responses to the Form Interrogatories, Set One. Azinian filed ...

Excerpt: ...off”) standing to bring this action, took place on April 4 and 5, 2018. Upon close of evidence, the parties waived closing arguments, and the Court found in favor of Duboff on the issue of standing. The Court ordered Duboff to prepare a proposed Statement of Decision and set a hearing regarding the Statement of Decision for April 20, 2018. Phase two of the trial, a jury trial on the remaining issues, was continued from May 2, 2018 as a result o...

Excerpt: ...NTED to the extent that all discovery that is directly related to fees alleged to be owed by BFI under Condition 64 B of the subject conditional use permit is STAYED pending resolution of the Writ Action. BACKGROUND Plaintiff Browning-Ferris Industries of California, Inc. (“BFI”) filed this declaratory relief action against Defendants County of Los Angeles (the “County”), the Los Angeles County of Department of Regional Planning (“LADRP...

Excerpt: ...S ON DELAY OF UNLAWFUL DETAINER CASE Defendant BRECKENRIDGE PROPERTY FUND 2016, LLC's Application and Affidavit Re: New and Different Facts [in support of] Second Motion for Summary Judgment on Lack of Subject Matter Jurisdiction is DENIED WITHOUT PREJUDICE. Defendant's Motion for CCP 1170.5 Escrow of Holdover Damages on Delay of Unlawful Detainer Case is GRANTED subject to Plaintiff providing evidence of the fair market value the monthly rent fo...

Excerpt: ...fendant Heritage Provider Network, Inc. (“Heritage”). The Complaint asserts causes of action for breach of implied contract/quantum meruit, a common count, declaratory relief, and unfair business practices. On July 20, 2017, Plaintiff served requests for production of documents, set two, on Heritage. Request for Production (“RFP”) No. 47 requested “All contracts that HERITAGE had with any PLAN for the claims on ATTACHMENT A, including a...

Excerpt: ...Authority is GRANTED. BACKGROUND Defendant/Cross-Defendant/Cross-Complainant Charles King Company, Inc. (“CKC”) seeks leave to amend its Answer to the Cross-Complaint by Santa Ana Watershed Project Authority (“SAWPA”). SAWPA opposes. SAWPA's Cross-Complaint asserts a cause of action for breach of contract and a cause of action for claim on performance bond. In the Cross-Complaint, SAWPA alleges that CKC breached its obligations under the ...

Excerpt: ...rike Portions of the Complaint is DENIED AS MOOT. BACKGROUND Plaintiff Starlin Carver (“Plaintiff”) initiated the instant action against Defendant Allstate Insurance Company Inc. (“Allstate”) January 12, 2018. The Complaint asserts causes of action for declaratory relief, bad faith, tortuous [sic] denial of insurance benefits, breach of contract, negligence, fraudulent misrepresentation, and breach of fiduciary duties. [1] Allstate now de...

Excerpt: ...total amount of $995. BACKGROUND On March 23, 2018, Plaintiff Charles M. Ward (“Plaintiff”) served Form Interrogatories, Set One and Requests for Production of Documents, Set One on Defendant Mark Blankenship (“Defendant”). Upon meeting and conferring, Plaintiff agreed to accept Defendant's responses as timely if they were served by June 7, 2018. As of the filing of the motion, Defendant had failed to provide any responses to the discover...

Excerpt: ...n the Alternative, Summary Adjudication, is DENIED. BACKGROUND Plaintiff Jerlene Hales (“Hales”) filed this action on April 11, 2017 against Defendant California Department of State Hospitals (“DSH”). The operative First Amended Complaint asserts one cause of action for breach of contract. DSH now moves for summary judgment. Hales also moves for summary judgment, or in the alternative, summary adjudication. [1] Both motions are opposed. E...

Excerpt: ...action against Defendants Philip Battiade, Daniel Beyer, and Synergy Health, LLC (collectively, “Defendants”) on February 23, 2018. The SAC asserts causes of action for discrimination, intentional infliction of emotional distress, breach of employment contract, and breach of promise for grant of equity. Defendant Synergy Health, LLC (“Synergy”) operates a health clinic, and its ownership is divided among Defendant Philip Battiade (“Batt...

Excerpt: ... alleges violations of the Song-Beverly Act, stemming from Plaintiffs' purchase of a 2013 Nissan Pathfinder vehicle. Plaintiffs have served three PMK deposition notices on Nissan: on May 30, 2017, March 16, 2018, and April 6, 2018. (Souza Decl., ¶¶ 13-15.) In response, Nissan served objections and refused to produce a deponent for all categories of testimony and any documents. (Souza Decl., ¶ 16.) On April 3, 2018, Plaintiffs' counsel sent a m...

Excerpt: ...mary adjudication are GRANTED. BACKGROUND Plaintiff Comerica Bank (“Comerica”) filed this action against, inter alia, Defendants Benjamin William Gonzales, individually and as trustee of the Gonzales Family Trust of July 26, 1999 and Gretel Arend Gonzales, as trustee of the Gonzales Family Trust of July 26, 1999 (jointly, “Defendants”). The Complaint asserts causes of action for breach of written loan agreement, foreclosure of security ag...

Excerpt: .... Morales (“Morales”) was a resident at Defendant Montebello Care Center LLC (“MCC”) from June 22, 2016 through July 31, 2016. Plaintiffs allege that during that time, Morales suffered malnutrition, dehydration, a growing pressure ulcer, development of other pressure ulcers, and a urinary tract infection which turned septic. The Complaint asserts causes of action for elder abuse, violation of resident rights, and wrongful death. On Septem...

Excerpt: ...ocuments, Set One are GRANTED. Defendants' Request for Sanctions against is GRANTED in the total amount of $2,908. BACKGROUND Defendants Lawrence Woodcraft and Astra Woodcraft (jointly, “Defendants”) move to compel Plaintiffs Amir Yazdi and Hania Yazdi (jointly, “Plaintiffs”) to serve responses to Form Interrogatories, Set one, Special Interrogatories, Set One, and Requests for Production of Documents, Set One (collectively, “Written Di...

Excerpt: ...w an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client and it does not disrupt the orderly process of justice. (See Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915; People v. Prince (1968) 268 Cal.App.2d 398.) CRC Rule 3.1362 (Motion to Be Relieved as Counsel) requires (1) notice of motion and motion to be directed to the client (made on the Notice of Motion and Motion to be Relieved ...

Excerpt: ...le”) and the Estate of Jessye L. Randle (jointly, “Plaintiffs”) filed a Complaint in pro per on October 30, 2017 against a number of defendants challenging the foreclosure sale of that certain real property located at 1524 S. Spaulding Avenue, Los Angeles, CA 90019 (the “Property”). The operative First Amended Complaint (“FAC”) was filed on March 8, 2018. Defendants Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Tru...

Excerpt: ...ansferring venue to the County of San Luis Obispo. Plaintiffs oppose. DISCUSSION On a timely motion, “when the court designated in the complaint is not the proper court,” the court must order a transfer of the action to the proper court (Code Civ. Proc., §§ 397(a), 396b.) “Except as otherwise provided by law and subject to the power of the court to transfer actions or proceedings as provided in this title, the superior court in the county...