Excerpt: ... Complaint, and on August 13, 2019, the operative First Amended Complaint (“FAC”) for the following causes of action: (1) Breach of the Implied Warranty of Merchantability; (2) Breach of the Implied Warranty of Fitness; (3) Violation of Bus. & Prof. Code §§ 17500, et seq.; (4) Breach of Express Warranty; (5) Failure to Promptly Repurchase Product; (6) Failure to Commence Repairs Within a Reasonable Time; (7) Conversion; (8) Fraud; and (9) N...

Excerpt: ... prevented from speaking with his mother. Walter alleges that his sister Joellyn and he received threats and suffered intimidation designed to discourage them from attempting any communication with their mother. Analysis Defendant Charles Bluth (“Charles”) now demurs to the sole cause of action of the complaint on the grounds that Walter lacks standing to bring this claim in either an individual or representative capacity, and that Walter has...

Excerpt: ...102.5; (2) Health & Safety Code § 1278.5; and (3) adverse action in violation of public policy. On February 4, 2019, Defendant filed the instant motion to compel arbitration and stay action. Defendant filed the instant motion for sanctions on March 7, 2019. Plaintiff filed opposition papers on March 14, 2019. Defendant filed reply papers on March 20, 2019. The Court considered the moving, opposition, and reply papers and rules as follows. (1) Mo...

Excerpt: ...IONS OF $3,480.00 Date: March 26, 2019 Time: 8:30 a.m. Dept. 56 <0051004700030036004b00 00480055005600480051[ RESPONDING PARTY: Defendant General Motors LLC The Court has considered the moving, opposition, and reply papers. BACKGROUND This action arises from an alleged defective 2012 Cheverolet Impala (the “Vehicle”). On <0051004700030036004b00 00480055005600480051[ (“Plaintiffs”) filed a complaint against Defendant alleging causes of act...

Excerpt: ... to CCP § 2025.450. This is improper. CCP § 2025.450 states, “If, after service of a deposition notice, a party . . . , without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, . . . the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for <0003004400470047004800 4700...

Excerpt: ... lease/purchase agreement by pretending to be qualified buyers. However, they were “unqualified buyers” and defaulted on the lease/purchase agreement. The parties then entered into a land sale agreement. Plaintiff requested that the land sale contract be voided. On December 16, 2015, the Court granted Defendant's motion to compel arbitration and stay the case. On February 8, 2018, the Court confirmed the arbitration award and entered judgment...

Excerpt: ...their employment with the Defendant. The Plaintiff, Gregory Detter, then accepted an offer of employment from 24 Seven in New York, New York. Mr. Detter resides in St. Louis, Missouri, but travels to New York during the work week. The Plaintiff, Seth Gordon, also accepted an offer of employment from 24 Seven, but in the Chicago, Illinois office. The Plaintiffs expect that Creative Circle will seek to enforce the non-competition clause in their no...

Excerpt: ... prevented from speaking with his mother. Walter alleges that his sister Joellyn and he received threats and suffered intimidation designed to discourage them from attempting any communication with their mother. Analysis Defendants Susan Howard and Patricia Schlener now demur to the sole cause of action of the complaint on the grounds that Walter lacks standing to bring this claim in either an individual or representative capacity, and that Walte...

Excerpt: ...ntional misrepresentation; (3) fraud – false promise; (4) breach of contract – renovation contract; (5) negligence; (6) negligent interference with prospective economic relations; (7) unfair competition (Cal. Bus. & Prof. Code § 17200 et seq.); and (8) conversion. On June 27, 2018, the Court granted Defendant Kabir One's motion to compel arbitration, ordered Plaintiff to arbitrate its claims against Kabir One, and stayed the action as to Kab...

Excerpt: ...4) failure to provide meal periods; (5) failure to provide rest periods; (6) failure to provide accurate wage statements; (7) intentional infliction of emotional distress; (8) negligent infliction of emotional distress; (9) unlawful business practices in violation of California Business & Professions Code Section 17200. On February 24, 2019, Defendants filed the instant petition to compel arbitration and stay all proceedings. The Court considered...

Excerpt: ... Code Section 12940(n)); (4) FEHA retaliation (Gov't Code Section 12940(h); (5) FEHA harassment (Gov't Code Section 12940(h)); (6) FEHA failure to prevent discrimination/retaliation/harassment (Gov't Code Section 12940(k)); (7) wrongful discharge in violation of public policy; (8) intentional infliction of emotional distress; (9) defamation; (10) breach of employment contract; (11) breach of covenant of good faith and fair dealing; (12) conversio...

Excerpt: ...iff is now owed a balance of $36,850 plus interest, fees and costs. On March 27, 2018, plaintiff filed a complaint for breach of contract. Defendant answered on June 8, 2018. On January 9, 2019, Defendant filed this unopposed motion for leave to file a cross-complaint. Leave to File a Cross-Complaint A cross-complaint against any of the parties who filed the initial complaint or cross-complaint against the cross-complainant must be filed before o...

Excerpt: ..."Realty One"). This action arises from the purchase of real property commonly known as 616 Gartel Drive, Walnut, California 91789 ("Property") by Plaintiff from Brimo. The Complaint asserts multiple causes of action, including breach of contract, negligence, fraudulent misrepresentation, negligent misrepresentation, and breach of fiduciary duty, against the defendants Brimo, Alfredo, Miguel, Carsten, Truong, Kusuma, and Realty One...

Excerpt: ... of contract (2) Breach of oral contract (3) Misrepresentation (4) Breach of fiduciary duty (5) Fraud and intentional deceit (6) Fraudulent in the inducement Demurrer Standard A demurrer tests the sufficiency of the pleading at issue as a matter of law. City of Chula Vista v. County of San Diego (1994) 23 Cal.App.4th 1713, 1719. A demurrer may be sustained where the complaint fails to state facts sufficient to constitute a cause of action. CCP §...

Excerpt: ...tion, and reply papers and rules as follows. Standard The party claiming attorneys' fees must establish entitlement to such fees and the reasonableness of the fees claimed. Civic Western Corporation v. Zila Industries, Inc. (1977) 66 Cal.App.3d 1, 16. “Except as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the pa...

Excerpt: ...8. The hearing was continued to the herein date. BACKGROUND On August 6, 2015, plaintiffs Francisco Armenta and Maria Zavala filed a complaint against defendants Mikiro Amemiya and Francis Yeo for motor vehicle negligence based on a August 13, 2013 collision. On April 24, 2018, the court granted defendants' motion to compel the depositions of plaintiffs. Trial is set for January 22, 2019. DISCUSSION Defendants request that the court impose termin...

Excerpt: ...actice, negligence, and NIED. <0044005100570003003000 00480046004b004c000f[ M.D.'s motions to compel discovery responses. LEGAL STANDARD The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4t...

Excerpt: ...laintiff filed an amendment designating Nu-Era Home Health Agency, Inc. as Doe 1. LEGAL STANDARD CCP §437c(f)(1) states: “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claim for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there i...

Excerpt: ... by LA County MTA, (3) liability against LA County MTA for violating its duties and responsibilities as a common carrier per Civil Codes §§2100, 2101, and 2103, and (4) premises liability. On July 21, 2016, plaintiff dismissed LA County MTA. On June 13, 2018, the court entered judgment in favor of defendants MV Transportation and City of Lynwood. On July 2, 2018, plaintiff filed notice of intention to move for new trial. On July 12, plaintiff f...

Excerpt: ...00 4700440051005700110003[ LEGAL STANDARD CCP § 473(b) provides that “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, otherwi...

Excerpt: ... On July 24, 2018, the hearing was continued to the herein date to allow defendant to file a second addendum, including an unredacted copy of his driver's license. BACKGROUND On September 10, 2015, plaintiff Alma Alcaraz filed a complaint against defendants Poison Ivey, Inc., dba Poison Ivy, Harout Balyan, Eddie Shimonov, and Serge for premises liability. Plaintiff alleges that on September 13, 2014, plaintiff's co-employee and employee of defend...

Excerpt: ...ant Christopher Turpin (self-represented) filed a cross- complaint against Jennifer Pacelli. On July 10, 2018, Turpin filed a Notice of Association, stating that Hoan N. Nguyen, Esq. is representing him. Trial is set for August 21, 2018. LEGAL STANDARD Request for Admissions Pursuant to CCP § 2033.280(b), a party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted,...

Excerpt: ...ust LSR, Mr. Rooter Southbay LSE, Cal Pros, Inc., and Mr. Rooter Plumbing for motor vehicle negligence based on an incident that occurred on August 12, 2016. LEGAL STANDARD Evidence Code § 954 states: “Subject to Section 912 and except as otherwise provided in this article, the client, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between client and lawyer if...

Excerpt: ...CCP §§ 387(d)(1) or (d)(2) (formerly 387(a)), Philadelphia Indemnity Insurance Company (“Philadelphia Indemnity”) requests leave to file an answer in intervention on behalf of its insured Prime Limousine Service, LLC (“Prime Limousine”) and to strike the answer filed by Prime Limousine on February 14, 2017. CCP § 387(d) states: “(1) The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding i...

Excerpt: ...ndant requests that the court impose terminating sanctions against plaintiff for her failure to comply with the court's order dated April 19, 2018. If a party fails to comply with a court order compelling discovery responses or attendance at a deposition, the court may impose monetary, issue, evidence, or terminating sanctions. CCP § 2025.450(h) (depositions); § 2030.290(c) (interrogatories); § 2031.300(c) (demands for production of documents)...