Excerpt: ...3 to January of 2020. (FAC ¶ 9.) Plaintiff brings this action in her representative capacity on behalf of the State of California and on behalf of all Defendants' current and former non-exempt employees employed in California between April 6, 2019 and present. (FAC ¶ 10.) On May 5, 2020, Plaintiff filed a complaint and on September 15, 2020, the FAC for: 1. Violations of the California Private Attorney General Act at Labor Code §§ 28698 et se...

Excerpt: ...n; 2) breach of contract – oral and implied; 3) fraud; 4) conspiracy to commit fraud; 5) aiding and abetting fraud; 6) defamation per se; 7) violation of 15 U.S.C. § 1125(a); 8) abuse of process; 9) malicious prosecution; 10) declaratory relief; and 11) injunctive relief. This case arises out of Defendants' alleged failure to comply with its own terms and conditions of its American Express Cardmember Agreements with Plaintiffs. Plaintiffs alle...

Excerpt: ...re to pay minimum wage; 5) failure to pay overtime compensation; 6) failure to provide meal periods; 7) failure to provide rest periods; 8) unlawful deductions from wages; 9) failure to reimburse work expenditures; 10) failure to provide accurate wage statements; 11) failure to provide personnel records; 12) retaliation in violation of Labor Code § 6310; 13) retaliation in violation of Labor Code § 1102.5; 14) wrongful termination in violation ...

Excerpt: ... (“Property”) after Plaintiffs' lien and deeds of trust were recorded. Plaintiffs also allege that Defendants recorded false liens that disparaged Defendants' title, value and marketability of the Property. On September 13, 2019, Plaintiffs filed a Complaint, and on November 14, 2019, the operative First Amended Complaint (“FAC”) against Defendants for the following causes of action: (1) Inducing Breach of Contract; (2) Intentional Interf...

Excerpt: ...al owner of all rights to the recordings (“the 2011 Litigation”). Boladian alleges that the 2011 litigation was false, malicious and lacked probable cause. In addition, Boladian alleges that Clinton made certain defamatory statements about Boladian, including in Clinton's 2015 autobiography and in a 2013 an interview with WXYZ in Detroit, in which Clinton falsely claimed that Boladian did not pay royalties to Clinton and to “hundreds” of ...

Excerpt: ... October 8, 2019, the operative First Amended Complaint (“FAC”) against Defendants for the following causes of action: 1) Violation of Song-Beverly Act -- Breach of Express Warranty; 2) Violation of Song-Beverly Act -- Breach of Implied Warranty; 3) Violation of Civ. Code section 1793.2; 4) Fraudulent Inducement – Concealment On November 12, 2019, Defendants filed the instant demurrer with motion to strike punitive damages. The Court consid...

Excerpt: ..., and on October 8, 2019, the First Amended Complaint (“FAC”) against Defendants for the following causes of action: 1) Violation of Song-Beverly Act -- Breach of Express Warranty; 2) Violation of Song-Beverly Act -- Breach of Implied Warranty; 3) Violation of Civ. Code section 1793.2; and 4) Fraudulent Inducement – Concealment. On November 12, 2019, Defendants filed the instant demurrer with motion to strike punitive damages. The Court con...

Excerpt: ...umption in favor of arbitrability. (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 971-72.) The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, the party opposing the petition then bears the burden of proving by a preponderance of the evidence any fact necessary to demonstrate that there should be no enforcement of the agreement, and the trial court sits...

Excerpt: ...issory Estoppel. On December 23, 2019, Defendants filed the instant Demurrer to the SAC. The Court considered the moving, opposition, and reply papers, and rules as follows. Demurrer Standard A demurrer may be sustained where the complaint fails to state facts sufficient to constitute a cause of action. Code Civ. Proc., § 430.10(e). Thus, concerning the legal sufficiency of a pleading, the sole issue on demurrer is whether the facts pleaded, if ...

Excerpt: ...her consent. On October 30, 2019, Plaintiff filed a Complaint against Defendants for damages based on the following causes of action: (1) Breach of Contract; (2) Conversion; and (3) Negligence. On December 23, 2019, Defendants filed the instant demurrers and motions to strike punitive damages. The Court considered the moving, opposition and reply papers. Demurrer Standard A demurrer may be sustained where the complaint fails to state facts suffic...

Excerpt: ...al. App. 5th 149, 157.) Plaintiffs contend that Boladian is a “private figure,” which thus requires only a showing that Defendant negligently published the defamatory statement. (Brown v. Kelly Broad. Co. (1989) 48 Cal. 3d 711, 742, holding that “a private person need prove only negligence (rather than malice) to recover for defamation.”) Plaintiffs proceed to conduct an argument for 15 allegedly defamatory statements contained with Defen...

Excerpt: ...n violation of Cal. Gov. Code §§ 12940, et seq.; (3) actual/perceived disability retaliation in violation of Cal. Gov. Code §§ 12940, et seq.; (4) failure to engage in the mandatory good-faith interactive process in violation of Cal. Gov. Code §§ 12940, et seq.; (5) failure to accommodate in violation of Cal. Gov. Code §§ 12940, et seq.; (6) violation of the California Family Rights Act, Cal. Gov. Code §§ 12945.2, et seq.; (7) whistlebl...

Excerpt: ...umption in favor of arbitrability. (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 971-72.) The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, the party opposing the petition then bears the burden of proving by a preponderance of the evidence any fact necessary to demonstrate that there should be no enforcement of the agreement, and the trial court sits...

Excerpt: ...aint. On September 24, 2019, Plaintiff filed the second amended complaint (“SAC”). Plaintiff alleges four sets of claims: (1) against Enenstein, Pham & Glass (“EPG”) formerly known as Enenstein, Ribakoff La Vina & Pham (“ERLP”), Ruth Lynn Estep (“Estep”), and Larry Goldman (“Goldman”) arising out of a family law matter (collectively, the “Family Law Defendants”), (2) against Krycler, Evin, Taubman & Kaminsky (“KETK”), ...

Excerpt: ...on, harassment, and retaliation claims based on her medical condition and disability. On November 21, 2019, Defendants filed the instant Motion to Compel Arbitration. The Court considered the moving, opposition, reply papers, as well as supplemental opposition and reply, and rules as follows: Motion to Compel Arbitration Standard Code of Civil Procedure section 1281.2 provides, in relevant part: On petition of a party to an arbitration agreement ...

Excerpt: ... Breach of Express Warranty; (2) Violation of Song-Beverly Act – Breach of Implied Warranty; (3) Violation of Song-Beverly Act – Civ. Code section 1793.2; (4) Fraudulent Inducement – Concealment; and (5) Fraudulent Inducement – Intentional Misrepresentation. On November 26, 2019, KMA filed the instant Demurrer to the fourth and fifth causes of action and Motion to Strike punitive damages. The Court considered the moving, opposition, and r...

Excerpt: ...f actions: 1) Violation of Civ. Code section 1793.2(d); 2) Violation of Civ. Code section 1793.2(b); 3) Violation of Civ. Code section 1793(a)(3); 4) Breach of Express Warranty (Civ. Code §§ 1791.2(a); 1794); 5) Breach of Implied Warranty (Civ. Code §§ 1791.1; 1794); and 6) Fraud by Omission. On August 5, 2019, KMA filed the instant Demurrer to the Sixth cause of action (Fraud by Omission) and Motion to Strike punitive damages from the TAC. T...

Excerpt: ...de §1793.2(d); (2) Violation of Civ. Code §1793.2(b); (3) Violation of Civ. Code §1793.2(a)(3); (4) Breach of express written warranty; (5) Breach of the implied warranty of merchantability; (6) Violation of the Magnuson-Moss Warranty Act; and (7) Fraud by Omission. On August 19, 2019, Defendant filed its Demurrer to the Seventh Cause of Action (Fraud by Omission) and Motion to Strike punitive damages prayer from the Complaint. The Court consi...

Excerpt: ...1102.5; (2) defamation per se / per quod; and (3) intentional infliction of emotional distress (“IIED”). On May 29, 2019, Defendants filed the instant Demurrer to the third cause of action in Plaintiff's FAC. The Court considered the moving and opposition papers, and rules as follows: Demurrer Standard A demurrer may be sustained where the complaint fails to state facts sufficient to constitute a cause of action. Code Civ. Proc., § 430.10(e)...

Excerpt: ... on defects in Plaintiff's 2016 Nissan Sentra (“Vehicle”). On April 3, 2019, Plaintiff filed a Complaint against Defendant for the following causes of action: (1) Breach of Express Warranty (2) Breach of Implied Warranty (3) Violation of Civil Code Section 1793.2 (4) Fraudulent Inducement - Concealment On May 6, 2019, Defendant filed its Demurrer to the Fourth Cause of Action (Fraud by Omission) and Motion to Strike punitive damages prayer fr...

Excerpt: ...ction: (1) failure to compensate for all hours worked; (2) failure to pay minimum wages; (3) failure to pay overtime; (4) failure to provide accurate itemized wage statements; (5) failure to pay wages when employment ends; (6) failure to pay wages owed every pay period; (7) violation of Labor Code Section 558; (8) failure to maintain accurate records; (9) failure to give rest breaks; (10) failure to give meal breaks; (11) violation of California ...

Excerpt: ...or failure to abide by the Court's April 22, 2019 Order. The Court considered the moving papers and rules as follows. Standard The trial court can impose terminating sanctions on a party who fails to obey a court order compelling responses to interrogatories or document requests (Code Civ. Proc., §§ 2030.290(c) [interrogatories]; 2031.300(c) [document requests].) Also, Code of Civil Procedure § 2023.030 provides that the court may impose a ter...

Excerpt: ...he deposition should be limited for some reason. (Certainteed Corporation v. Sup. Ct. (2014) 222 Cal.App.4th 1053, 1062.) Code of Civil Procedure § 2025.290¿not only authorizes a judge to allow additional time to depose a witness in these circumstances, but requires the judge to do so, unless the judge determines that the deposition should be limited for another reason, such as the deponent's medical condition or to protect any party, depon...

Excerpt: ...e to Prevent Harassment and Discrimination 3. Disability Discrimination 4. Failure to Engage in the Interactive Process 5. Retaliation 6. Malicious Prosecution 7. Abuse of Process On March 29, 2019, Defendants filed this Special Motion to Strike the Seventh and Eight Causes of Action pursuant to CCP § 425.16 (the Anti-SLAPP Statute.) On April 1, 2019, Plaintiff filed the First Amended Complaint (“FAC”) and a non-opposition to the Motion, res...

Excerpt: ...bor Code § 1102.5 6. Violation of Labor Code § 6310 7. Failure to Accommodate 8. CFRA Retaliation On April 12, 2019, Defendant filed an Ex Parte Application to Continue Trial and, in the alternative, to shorten time to hear a Motion to Continue Trial. The Court denied the Ex Parte Application to Continue Trial without prejudice but granted the Application to shorten time to hear a Motion to Continue Trial. Standard: Continuances of trial dates ...