Excerpt: ...m for Justin Amoray Williams- McClendon (jointly, “Plaintiffs”) commenced this action on October 17, 2018, against Defendants Urban Street Properties, Inc.; Shelter First LLC; and Robert Compean, individually and as Trustee of the Compean Family Trust Dated February 15, 2000 (collectively, “Defendants”). Plaintiffs allege they were subjected to various illegal conditions that poisoned Justin Amoray Williams-McClendon during their tenancy ...

Excerpt: ...st defendants Julian Bakery Inc. (“Julian”) and Heath Squier for: (1) breach of contract; (2) goods sold and delivered; (3) account stated; (4) open book account; and (5) promissory fraud. Julian filed a cross-complaint on September 8, 2016 against Defense Nutrition, LLC and Ori Hofmekler (“Hofmekler”). Julian filed a first amended cross-complaint on November 14, 2016 against Defense Nutrition, Hofmekler, Eagle Mist Corporation (“Eagle ...

Excerpt: ... objections to evidence when and if that evidence is offered at trial. BACKGROUND: Plaintiff commenced this action on 12/23/15 against defendants (Defendants plus Louie Tomaro and Tomaro Architecture Inc.) for specific performance. Plaintiff filed a first amended complaint on 9/9/16 against defendants for specific performance, contract, and nuisance. Plaintiff alleges that surface and subsurface drainage from defendants' property has caused damag...

Excerpt: ...stant action against Defendants Wing Lee, Li Fan Lee, and Yee Hung Lee Pan. On December 20, 2016, Plaintiff filed an amendment to complaint, replacing Doe 1 with Connie Lee. The matter was assigned to Department 74. On January 5, 2017, Defendants Li Fan Lee, Pan Yee Hung Lee, and Connie Lee filed their answer. On January 13, 2017, Defendant Wing Lee filed an answer to the complaint. On March 23, 2017, the Court set trial for December 4, 2017. On ...

Excerpt: ...2019, it is not clear if there is still a present controversy concerning the deposition of Mr. Buck. If there is, the Court orders the parties to meet-and-confer in an attempt to agree on the parameters of a deposition of Mr. Buck. Both parties' requests for sanctions are DENIED. PRELIMINARY COMMENTS: It is not clear to the Court whether this Motion for Protective Order is still needed after the Court's denial of Englekirk's discovery motion on O...

Excerpt: ...dings is GRANTED. BACKGROUND: On October 11, 2018, Plaintiff California Commerce Club, Inc. commenced an action, case number 18STCV00408, and that day also filed its first amended complaint against Tommy Ngo, Metis TPS, LLC (“Metis”), and the State of California, Department of Public Health, Office of Problem Gambling (“Office of Problem Gambling”) in an interpleader action and for declaratory relief. California Commerce Club asserts that...

Excerpt: ...ompel No. 1: Defendant Staples, Inc.'s responses to form interrogatories – general is GRANTED. Plaintiff's Motion to Compel No. 2: Defendant Staples, Inc.'s responses to form interrogatories – employment is GRANTED. Plaintiff's Motion to Compel No. 3: Defendant Staples, Inc's responses to special interrogatories is GRANTED. Plaintiff's Motion to Compel No. 4: Defendant Staples, Inc.'s response to request for production, set one is GRANTED. Pl...

Excerpt: ...otion and in its billing statements, defense counsel asserts that Attorney Sasha Struthers spent 205.9 hours at $375/hour. However, in the motion, it is stated that Attorney Struthers incurred 92.5 hours at $375/hours. (Motion, 4:23-28.) The Court assumes that defense counsel is actually requesting attorney's fees for 205.9 hours spent by Ms. Struthers, not 92.5 hours as stated in the body of the pleading. BACKGROUND: On June 14, 2018, Avalan...

Excerpt: ...ly and unreasonable processing of COPS 1 through 114 ($42,405.78) 2. PCN3 Overhead $500.00/day between 12-31-17 and 05-10- 18 ($65,000.00) 3. PCN3 COP 115 workers compensation insurance COP 5 through 114 which resulted from unforseen conditions. The contract including change orders was increased beyond 125% of the original contract price resulting in increased workers compensation insurance ($242,694.26). Complaint ¶ 10.) Summary adjudication of...

Excerpt: ...use of action. Nonetheless, the Court wonders why defendants bothered to file this demurrer. Plaintiff had 12 causes of action in her complaint. Now she has 11. Discovery will not be affected by the deletion of this one cause of action, nor will the course of the trial be fundamentally altered. It is to clear to the court whether this demurrer was worth the thousands of dollars in legal fees incurred in filing and arguing the motion. BACKGROUND P...

Excerpt: ...at, to the pro per litigant, “interrogatories, requests for admissions, law and motion proceedings, and the like” are “baffling devices.” (Bruno v. Superior Court (1990) 219 Cal.App.3d 1359, 1363, quoting Burley v. Stein (1974) 40 Cal.App.3d 752, 755, fn. 3.) The Court also recognizes that “[p]roviding access to justice for self-represented litigants is a priority for California courts.” (California Rules of Court, rule 10.960, subdiv...

Excerpt: ...EHA; (4) discrimination on the basis of disability in violation of FEHA; (5) discrimination on the basis of gender in violation of FEHA; (6) retaliation for complaining of discrimination on the basis of disability in violation of FEHA; (7) failure to prevent discrimination on the basis of disability in violation of FEHA; (8) breach of express oral contract not to terminate employment without good cause; (9) breach of implied-in-fact contract not ...

Excerpt: ...��Defense Nutrition”) commenced this action on August 8, 2016. Defense Nutrition filed a first amended complaint on August 22, 2016 against defendants Julian Bakery Inc. (“Julian”) and Heath Squier for: (1) breach of contract; (2) goods sold and delivered; (3) account stated; (4) open book account; and (5) promissory fraud. Julian filed a cross-complaint on September 8, 2016 against Defense Nutrition, LLC and Ori Hofmekler (“Hofmekler”)...

Excerpt: ...ief against Defendants PNC Bank and Clear Recon Corporation (“CRC”) (jointly “Defendants”), claiming Defendants are improperly foreclosing upon the Plaintiff's property located at 12243 214 th Street, Hawaiian Gardens, CA 90716 (the “Subject Property”). In the Complaint, Plaintiff stated he purchased the Subject Property on November 10, 2005. (Complaint ¶ 7.) When Plaintiff and his wife separated and divorced, it became difficult for...

Excerpt: ... se, trespass to chattels, and punitive damages claims are DENIED. The Court SUSTAINS Defendants' evidentiary objections as to Numbers 1-5, 7-9, 11-12 and OVERRULES Defendants' evidentiary objections as to Numbers 6 and 10. BACKGROUND: Plaintiffs Gary Patent and Derrick Abrenica commenced this action on March 13, 2018 against Defendants Olatunji Bandele, Young Joo Kim, LA Central Animal Hospital, and Central Orange County Emergency Animal Hospita...

Excerpt: ...TED. BACKGROUND: Plaintiffs Del Records, Inc., Del Entertainment, Inc. and Del Publishing, Inc. (“Plaintiffs”) commenced this action on April 4, 2019 against Defendants Gerardo Ortiz Medina p/k/a Gerardo Ortiz, Badsin Music, Inc., Badsin Entertainment, LLC, and Badsin Publishing (“Defendants”) for (1) breach of contract (2012 Recording Agreement); (2) damages under Labor Code §2855; (3) declaratory relief; (4) breach of contract (Publish...

Excerpt: ...ion for judgment on the pleadings as to the Interpleader Complaint is DENIED. Commerce's request for judicial notice is GRANTED. BACKGROUND: On October 11, 2018, Plaintiff California Commerce Club, Inc. commenced an action, case number 18STCV00408, and that day also filed its first amended complaint against Tommy Ngo, Metis TPS, LLC (“Metis”), and the State of California, Department of Public Health, Office of Problem Gambling (“Office of P...

Excerpt: ...laintiffs' evidentiary objections to the Aren declaration are SUSTAINED as to objections Nos. 1 and 3 and OVERRULED as to Objection No. 2. Defendant's evidentiary objections to the Barry declaration are SUSTAINED. Defendant's evidentiary objection to the Rosner declaration is OVERRULED. PRELIMINARY COMMENTS: As indicated below, although recognizing that Plaintiff's counsel achieved an excellent result for its client, the Court is concerned about ...

Excerpt: ... (3) Negligent Repair; and (4) Misrepresentation. On August 6, 2019, Plaintiff filed his motion for attorney's fees and costs. On September 4, 2019, the Court granted Plaintiff's motion for attorney's fees and costs in the amount of $2,805.40, which includes $2,000.00 for attorney's fees and $805.40 in costs and expenses. On September 4, 2019, Plaintiff filed the instant renewed motion for attorney's fees. ANALYSIS: A. Relevant Law Pursuant to Co...

Excerpt: ... in violation of California Rules of Court, Rule 2.109. (See Cal. Rules of Court, Rule 2.109 [“each page must be numbered consecutively at the bottom unless a rule provides otherwise for a particular type of document.”]) This makes it more difficult for the Court to cite to the pages on which AlliedBarton has made certain statements. BACKGROUND: Plaintiff Frank Gallardo commenced this action on September 29, 2017, asserting a cause of action ...

Excerpt: ... Plaintiff Maxtrade, LLC, filed the instant action against Defendants Wing Lee, Li Fan Lee, and Yee Hung Lee Pan. On December 20, 2016, Plaintiff filed an amendment to complaint, replacing Doe 1 with Connie Lee. The matter was assigned to Department 74. On January 5, 2017, Defendants Li Fan Lee, Pan Yee Hung Lee, and Connie Lee filed their answer. On January 13, 2017, Defendant Wing Lee filed an answer to the complaint. On March 23, 2017, the Cou...

Excerpt: ...ne 12, 2018, Plaintiff mistakenly transferred Bitcoin worth $101,604.12 to Defendant's account and Defendant failed to return the Bitcoin. (FAC, ¶¶ 7-13.) On July 19, 2018, the Court granted Plaintiff's ex parte application for writ of attachment in the sum of $101,604.12 against any property in California of defendant Elnaz Nouri and Plaintiff was to post an undertaking in the sum of $10,000.00. (Minute Order 07/19/18.) On March 5, 2019, Defen...

Excerpt: ...Nutrition and Ori Hofmekler's request for judicial notice of Exhibits 2-8 is GRANTED. PRELIMINARY COMMENTS: This case has been litigated for over three years. As can be seen from the summary “Background” section below, it has metastasized from a relatively simple breach of contract action into a heavily- litigated, multi-party, multi-action case. The original complaint has been settled, but numerous cross- complaints are still being litigated...

Excerpt: ...ations of the Unruh Act; (2) alternatively, violations of the California Disabled Persons Act; and (3) request for declaratory relief, injunction, and damages. Plaintiff, a functionally blind individual, alleges that he sought to patronize the business described as Starbucks, located in Van Nuys, California, and the property of this business is owned by Defendants. (Complaint, ¶¶ 1-2.) Plaintiff alleges that the accessible route on the Property...

Excerpt: ...ither party sanctions. BACKGROUND: On March 29, 2019, Tony Kim and Free Systems, LLC commenced this action against Colorish, LLC, Sophia Quijong Jin, and Wein Min Chang for (1) breach of oral contract; (2) breach of the covenant of good faith and fair dealing; (3) breach of implied contract; (4) promissory fraud; (5) imposition of a constructive trust and injunctive relief; (6) unjust enrichment; (7) trademark infringement; (8) contributory trade...

Excerpt: ...endant”) is “requesting a motion to see the Judge without the Plaintiff present because [she] fear[s] for [her] safety.” (Motion, p. 1:19-20.) Defendant explains that she has “an active criminal threat and stalking case against the Plaintiff with the LAPD, Threat Management Unit.” (Id. at p. 1:21- 23.) Defendant argues the following: “This is a fictitious claim against me. The Plaintiff is claiming that I shared nude photos of her to ...

Excerpt: ...ligent infliction of emotional distress. Plaintiff alleges that defendant posted defamatory comments about plaintiff on various websites and online social media. Plaintiff alleges that defendant has hacked into plaintiff's personal computers and mobile phones in order to steal personal information and track plaintiff's location. Plaintiff alleges that defendant vandalized plaintiff's vehicle. ANALYSIS: Service has not been effectuated in this act...

Excerpt: ...ling portions of deposition testimony in Exhibits A and F to the Notice of Errata for the Declaration of Steven T. Lowe in support of Plaintiff's Opposition to Defendants' Renewed Motion for Summary Judgment. (See 12/10/18 Motion, p. 1:5-16.) Defendants also seek an order sealing Exhibit E and portions of Exhibits A and F to the Declaration of Steven Lowe in support of Plaintiff's Opposition to Defendants' Renewed Motion for Summary Judgment. (Se...

Excerpt: ...quash service on the ground that he was not properly served. On November 7, 2018 Plaintiff filed a First Amended Complaint against Defendant Raul Alvarez for: (1) Statutory Breach of Implied Warranty of Habitability; (2) Tortious Breach of Implied Warranty of Habitability; (3) Breach of the Covenant of Quiet Enjoyment; (4) Intentional Infliction of Emotional Distress; (5) Negligent Infliction of Emotional Distress; (6) Nuisance; and (7) Negligent...

Excerpt: ...ff commenced this action on 12/23/15. On 12/07/18, plaintiff filed a First Amended Complaint (“FAC”) against Defendants for: (1) negligence, negligent supervision, negligent hiring and/or retention and (2) sexual harassment (Civil Code §51.9.) ANALYSIS: Los Angeles Police Department (“LAPD”) moves to quash the deposition subpoena issued to LAPD, or, in the alternative, for a protective order modifying the scope of document demands to ens...

Excerpt: .... Accordingly, on November 30, 2018, Chase Metals filed a demurrer to the first amended cross-complaint, which was set to be heard on January 30, 2019. On December 7, 2018, for reasons unrelated to the demurrer (i.e., a pending request to deem the case complex), the Court continued the December 7 demurrer to January 30. However, the December 7 demurrer is moot, in light of the filing of the first amended cross-complaint. Accordingly, although the...

Excerpt: ...on for attorney's fees is GRANTED in part. Plaintiff Cleve Pell is awarded attorney's fees in the amount of $2,032,377.00. PRELIMINARY COMMENTS: “[D]espite th[e Supreme Court's] emphasis on the need to apply the lodestar method in order to reach a rational and objective determination of a reasonable attorney fee, the court has never required that trial courts engage in any explicit analysis on the record. [Citation.] Indeed, in Ketchum v. M...

Excerpt: ...relief. ANALYSIS: According to the FAC, there is an underlying federal action between Noemi Del Rio and Virgin America, Inc.; Virgin Produced, LLC; and Virgin Produced 2.0, LLC. The Virgin parties tendered their defense of the action to Plaintiff, and Plaintiff in turn tendered defense of the action to Defendant. Defendant refused to defend the action, and Plaintiff filed the instant suit. (FAC ¶¶ 9-15.) Among other things, Plaintiff “desires...

Excerpt: ...ted Records contain information protected by federal law. The Court Grants the motion as to the redacted portions of: (1) Defendant's Motion for Summary Judgment; (2) Separate Statement; (3) Declaration of Scott Cartier and Exhibits A-GG attached thereto; and (4) Declaration of Jonathan F. Buck and Exhibits HH-KK attached thereto. The motion to seal is otherwise overbroad. The Court orders the rest of the aforementioned documents filed publicly. ...

Excerpt: ...covenant of quiet enjoyment; (3) nuisance; (4) negligence; (5) wrongful eviction; (6) violation of federal Fair Housing Act; (7) violation of California Fair Housing Act; (8) fraud; (9) claim and delivery; (10) conversion; and (11) intentional infliction of emotional distress. On 6/19/17, Defendants filed a cross-complaint against Plaintiff for: (1) trespass; (2) infliction of emotional distress; (3) interference with prospective economic advanta...

Excerpt: ...e injury of several plaintiffs on a hospital construction site, when a portion of the construction collapsed. Three actions were ultimately filed, before being consolidated by the Court on December 12, 2017. Pre‐Consolidation Filings: A. Case No. BC638719 1. Complaint Plaintiffs Thomas Brad Benson and Zachary Benson (the “Bensons”) filed their complaint on October 26, 2016, against Defendant Millie and Severson, Inc., and Does 1-20, for gen...

Excerpt: ...Alternative, Motion Deeming Truth of Matter in Request for Admissions; Request for Monetary Sanctions (5) Motion to Compel Further Responses to Request for Document Production (Set One); Request for Monetary Sanctions Moving Party: Plaintiff Jessica Gammalo Resp. Party: Defendant Spirit Clothing Company The Court takes off-calendar the three hearings for the Motions to Compel Further Responses to Form Interrogatories- General (Set One), Compel Fu...

Excerpt: ...acted Records contain information protected by federal law. The Court Grants the motion as to the redacted portions of: (1) Defendant's Motion for Summary Judgment; (2) Separate Statement; (3) Declaration of Linda Pelletier and Exhibits A-E attached thereto; and (4) Declaration of James R.P. Hileman and Exhibits F-K attached thereto. The proposed order is otherwise overbroad. The Court orders the rest of the aforementioned documents filed publicl...

Excerpt: ... breach of contract; and (2) intentional interference with contractual relations. On October 22, 2018, Plaintiffs substituted the Estate of James Olson for Doe 1. On August 25, 2017, Golden Land filed a cross-complaint against Remax Titanium Team Nuvision, Rudy Kusuma, and Alexander Chan for: (1) inducing breach of contract; and (2) intentional interference with contractual relations. On June 29, 2018, Golden Land filed a first amended cross-comp...

Excerpt: ...2.) Nonetheless, for the benefit of the parties, the Court will outline its decision below. I Preliminary Comments The Court asked both parties for supplemental briefs. The Court has found neither brief to be particularly helpful. Plaintiff's authority in his supplemental brief is not on-point. Further, Plaintiff's supplemental brief cites to an unpublished opinion. (Supp. Brief, p. 4:24-26.) Counsel, who has been practicing law in California for...

Excerpt: ...der abuse; (3) intentional infliction of emotional distress; (4) specific performance of conditions, covenants & restrictions and reservations; (5) trespass; (6) private nuisance; (7) injunctive relief; (8) enforce easement agreement and enjoin interference with easement; (9) breach of easement agreement; (10) interference with easement; (11) good faith improver of property owned by another; and (12) declaratory relief. ANALYSIS: Defendants seek ...

Excerpt: ...prospective economic benefit. ANALYSIS: Defendants move to transfer the instant action to the Orange County Superior Court. (See Notice of Motion, p. 2:5-7.) A. Relevant Law Pursuant to Code of Civil Procedure, section 397, “[t]he court may, on motion, change the place of trial in the following cases: . . . [¶] (a) When the court designated in the complaint is not the proper court. . . . (c) When the convenience of witnesses and the ends of ju...

Excerpt: ...ges. The motion is also GRANTED as to the second cause of action as it pertains to Defendant Smith. Defendants' Objections to Evidence: Given the Court's decision below, none of the objections interposed are “material to the disposition of the motion.” (CCP § 437c(q).) Therefore, the Court has declined to rule upon them. Plaintiff's Objections to Evidence: Plaintiff has filed 99 pages of evidentiary objections containing 114 specific objecti...

Excerpt: ...ents that are directly related to the relationship between Honda, APB, and BASF. BACKGROUND: Plaintiff commenced this action on 06/07/17. On 06/25/18, plaintiff filed a First Amended Complaint against defendants for: (1) breach of contract; (2) breach of contract for sale of goods; (3) conversion; (4) unjust enrichment; (5) alter ego; (6) constructive trust; (7) accounting; and (8) money had and received; and (9) fraud. On 08/09/17, defendants fi...

Excerpt: ...rs ago. Evidence that counsel has used these introductory paragraphs without change in brief-after-brief is the fact that one of the paragraphs starts, “As recent as July 11, 2012, Attorney General Kamala Harris announced . . . the Homeowner Bill of Rights. . . .” (Opposition, p. 5:17-18. That is now more than six years ago; it is not “recent.” Similarly, this introduction states that the HBOR “builds upon and extends reforms first nego...

Excerpt: ...der harassment; (3) retaliation for complaints of discrimination and harassment based on gender; (4) age discrimination; (5) age harassment; (6) violation of Labor Code § 1102.5; (7) violation of the Equal Pay Act; (8) intentional infliction of emotional distress; and (9) defamation. On 02/15/18, the jury returned a verdict in plaintiff's favor on her gender discrimination and retaliation claims. The jury awarded plaintiff $13,011,671.00. ANALYS...

Excerpt: ...ions and reimbursable expenses); (3) violation of Labor Code §§ 1194, 1194.2 and 1197 (unpaid minimum wages); (4) violation of Labor Code § 203 (waiting time penalties); (5) violation of Labor Code § 204 (failure to pay all wages); (6) violation of Labor Code §§ 226.7 and 512 (meal periods); (7) violation of Labor Code §§ 226.7 and 512 (rest periods); (8) violation of Labor Code §§ 226 and 226.3 (itemized wage statements); (9) violation...

Excerpt: ...pfel The motion is DENIED. BACKGROUND: Plaintiff commenced this PAGA action on 6/19/17 against Defendants alleging that Defendants engaged in systematic and widespread violations of the Labor Code. Plaintiff filed his First Amended Complaint on 11/09/17. On 06/18/18, this Court granted plaintiff leave to file a Second Amended Complaint for the purpose of adding two new defendants. (See Minute Order of 06/18/18.) Plaintiff has not yet filed the Se...

Excerpt: ...HA; (4) failure to prevent discrimination and retaliation in violation of the FEHA; (5) wrongful termination in violation of public policy; (6) intentional infliction of emotional distress; and (7) defamation. Plaintiff's claims arise out of defendant's decision to terminate his employment in January 2016. Plaintiff alleges that over a period of years before he was terminated, his supervisors made numerous references to his age and perceived inab...

Excerpt: ...tates, “Agero, Inc. is KMA's customer call center vendor.” Plaintiff objects to this statement on three grounds: lack of personal knowledge, improper lay opinion, and/or improper argument. All three grounds for objecting to this sentence are frivolous. Even if other statements in that paragraph might be subject to an objection, the entire paragraph is not objectionable. BACKGROUND: Plaintiff commenced this action on 09/18/17 against defendant...

Excerpt: ...efendant seeks to seal: “(1) KMA's Warranty History Inquiry; (2) Consumer Assistance Center Case Report; and (3) KMA's Assistance Center Case Report.” (Notice of Motion, p. 2:3-5.) These documents are “attached to the Declaration of Marcelo Lee supporting KMA's Motion for Judicial Determination” that is currently scheduled to be heard by this Court on 07/31/18. (See Id. at p. 2:1-3.) A. Relevant Law A party that requests that a record or ...

Excerpt: ...nal distress; (5) fraud; and (6) misrepresentation. ANALYSIS: Defendants Young Joo Kim, DVM and Central Orange County Emergency Animal Hospital seek a determination that the settlement between them and plaintiffs was made in good faith. (Notice of Motion, p. 2:2-6.) A. Relevant Law "(a)(1)Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on...

Excerpt: ...a Second Amended Complaint against defendants for: (1) failure to follow procedures; (2) failure to diagnose; (3) failure to supervise/negligence; (4) malpractice; (5) breach of duty of hospital; (6) ostensible agency of hospital; and (7) duty to screen medical staff. Prior to trial, plaintiff dismissed or settled her claims against all defendants except for Dr. Lin LeMay. The action proceeded to a jury trial on 04/19/18. The jury returned a verd...

Excerpt: ... and injunctive relief; (2) elder abuse; (3) intentional infliction of emotional distress; (4) specific performance of conditions, covenants & restrictions and reservations; (5) trespass; (6) private nuisance; (7) injunctive relief; (8) enforce easement agreement and enjoin interference with easement; (9) breach of easement agreement; (10) interference with easement; (11) good faith improver of property owned by another; and (12) declaratory reli...

Excerpt: ...f. As the Court previously stated, this makes it harder for the Court to read the brief, and hence makes it harder for the Court to follow counsel's argument. The Court hopes that two words to the wise will be sufficient. BACKGROUND: Plaintiff commenced this action on 05/31/17 against defendants for: (1) declaratory relief; (2) constructive trust; (3) specific performance; (4) injunction; and (5) fraud. On 12/07/17, defendant Yaffa Basson filed a...

Excerpt: ...re the third and fourth of four motions to compel filed by Plaintiff against Defendants. The first two motions were heard and granted yesterday. None of these four motions have been opposed by Defendants. The Court is concerned over the lack opposition: if Defendants agreed that the motions were meritorious, they should have served answered. If Defendants believed that they were justified in their refusal to respond to discovery, they should have...

Excerpt: ...at he purchased a bicycle from defendant's store on or about 04/21/12 and that he was subsequently injured because the bicycle was negligently assembled. On 04/03/18, the Court granted summary adjudication of plaintiff's negligence claim but granted plaintiff leave to file a Third Amended Complaint alleging a cause of action for strict products liability. ANALYSIS: Defendant Sport Chalet, Inc. moves for summary judgment of plaintiff's remaining c...

Excerpt: ...f commenced this action on 04/27/17 against defendants for: (1) age discrimination in violation of the FEHA; (2) disability discrimination in violation of the FEHA; (3) age harassment in violation of the FEHA; (4) failure to prevent discrimination and retaliation in violation of the FEHA; (5) wrongful termination in violation of public policy; (6) intentional infliction of emotional distress; and (7) defamation. Plaintiff's claims arise out of de...

Excerpt: ...defendants for: (1) failure to pay minimum wage; (2) failure to pay overtime compensation; (3) failure to pay wages when due / waiting time penalties; (4) failure to provide meal periods; (5) failure to provide rest periods; (5) failure to reimburse business expenses; (7) failure to provide change rooms and resting facilities; (8) failure to provide accurate itemized statements; (9) retaliation; (10) wrongful termination in violation of public po...

Excerpt: ...exual battery; (4) sexual harassment; (5) negligent supervision and retention; (6) civil rights violations; (7) violation of Tom Bane Civil Rights Act; (8) gender violence; and (9) intentional infliction of emotional distress. This action required two jury trials. The first trial began on 04/20/15, but the Court declared a mistrial when the jury deadlocked. The second trial began on 06/08/15. On 06/17/15, the jury returned a verdict in favor of p...

Excerpt: ...e counsel was only admitted to the Bar less than one year ago, on Dec. 3, 2017. Nonetheless, if counsel is pursuing this matter on behalf of his client, the Court will expect more professionalism from counsel in the future. BACKGROUND: Plaintiff commenced this action on 04/05/18 against defendant for: (1) disability discrimination; (2) failure to engage in the interactive process; and (3) retaliation. ANALYSIS: Defendant demurs to each cause of a...

Excerpt: ...s pending the resolution of defendant's petition to have this action coordinated with hundreds of other similar cases. On 02/04//16, Judge Elias granted defendant's petition to coordinate 779 separate actions alleging defects with the DPS6 transmission installed in certain 2011-2016 Ford Fiesta and 2012- 2016 Ford Focus vehicles. (See Motion, p. 6:20-23; RJN, Exh. A, B.) All of the coordinated cases that have been made part of the JCCP Actions �...

Excerpt: ...4 and 496(c).) ANALYSIS: Plaintiff moves for an order to have the Requests for Admission served on defendant Lawrence Levy deemed admitted. (See Notice of Motion, p. 1:25-27.) Plaintiff also seeks sanctions in the amount of $2,460.00. (See Id. at p. 1:28-2:2.) A. Relevant Law California Code of Civil Procedure requires a response from the party to whom the request for admissions is directed within 30 days after service of the request for admissio...

Excerpt: ...gainst various manufacturers, distributors, and retailers. Plaintiff alleges that defendants manufacture, distribute, or sell antacid tablets that contain cadmium and that the antacid tablets are not accompanied by the warning required by Proposition 65. ANALYSIS: Defendant Walgreen Co. demurs to the seventh cause of action on the ground of nonjoinder because plaintiff has refused to identify a necessary party — the manufacturer of the antacid ...

Excerpt: ...iolation of Labor Code § 226.8(a)(1) (Employment Misclassification); (2) violation of Labor Code §§ 221, 224, 226, and 2802 (unlawful deductions and reimbursable expenses); (3) violation of Labor Code §§ 1194, 1194.2 and 1197 (unpaid minimum wages); (4) violation of Labor Code § 203 (waiting time penalties); (5) violation of Labor Code § 204 (failure to pay all wages); (6) violation of Labor Code §§ 226.7 and 512 (meal periods); (7) viol...

Excerpt: ... defendants for: (1) violation of Labor Code § 226.8(a)(1) (Employment Misclassification); (2) violation of Labor Code §§ 221, 224, 226, and 2802 (unlawful deductions and reimbursable expenses); (3) violation of Labor Code §§ 1194, 1194.2 and 1197 (unpaid minimum wages); (4) violation of Labor Code § 203 (waiting time penalties); (5) violation of Labor Code § 204 (failure to pay all wages); (6) violation of Labor Code §§ 226.7 and 512 (m...

Excerpt: ... Contract with Defendant Altered Reality Entertainment LLC (“Altered”) on or about 4/7/2017. The contract required Mr. Simmons and his band to appear at the Rhode Island Comic Con on 11/11/17, 11/12/17 and accomplish certain duties, including a 60-minute performance, signing autographs for fans, participating in pro photo opportunities, Q & A sessions, and private meetings. (Complaint, ¶ 12-13.) Defendant Altered has agreed to pay an “appe...

Excerpt: ...nd. The motion to strike is taken OFF-CALENDAR. BACKGROUND: Plaintiff commenced this action on 02/09/18 for: (1) breach of contract; (2) account stated; (3) services rendered; (4) quantum meruit; and (5) declaratory relief. On 03/19/18, plaintiff filed a First Amended Complaint for: (1) breach of contract; (2) account stated; (3) services rendered; (4) quantum meruit; (5) declaratory relief; and (6) interference with economic relationships. On 05...

Excerpt: ...3.2(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. PRELIMINARY COMMENTS: Plaintiff is seeking documents concerning the same defects that she allegedly found in her 2013 Chevrolet Cruise that is the subject of this Lemon Law action. If plaintiff were seeking documents concerning other defects – defects that she did n...

Excerpt: ...nd services. ANALYSIS: Defendant moves the Court for an order staying this action pending the resolution of a Petition to Determine Controversy filed before the Labor Commissioner on 06/05/18. (See Notice of Motion, p. 2:5-8.) A. Relevant Law Labor Code section 1700.44, part of the Talent Agencies Act, provides, in relevant part, that: “In cases of controversy arising under this chapter, the parties involved shall refer the matters in dispute t...

Excerpt: ...h of express warranty; and (3) violation of the Song Beverly Consumer Warranty Act. ANALYSIS: Defendant moves to quash plaintiff's Deposition Subpoena for the Production of Business Records on Keyes European LLC. (See Notice of Motion, p. 2:4-6.) It A. Relevant Law California Code of Civil Procedure section 1987.1, subd. (a) provides: If a subpoena requires the attendance of a witness or the production of books, documents, or other things before ...

Excerpt: ...The Court GRANTS summary adjudication of the second cause of action for retaliation as to the individual defendants. The Court GRANTS summary adjudication as to the third, fourth, fifth, sixth, seventh and eighth causes of action. The Court DENIES summary adjudication on the issue of punitive damages. PRELIMINARY COMMENTS: The Court wishes to thank defense counsel for supplying a hyper-linked DVD of their Motion for Summary Judgment and exhibits,...

Excerpt: ...nce; (4) malpractice; (5) breach of duty of hospital; (6) ostensible agency of hospital; and (7) duty to screen medical staff. Prior to trial, plaintiff dismissed or settled her claims against all defendants except for Dr. Lin LeMay. (Motion, p. 1:15-23.) The action proceeded to a jury trial on 04/19/18. The jury returned a verdict in favor of defendant and against plaintiff. The jury concluded that defendant was not negligent “in the diagnosis...

Excerpt: ...intiffs Julie Ann Koss, individually, and as the Personal Representative of the Estate of James Maurice Kos; Jason Kos; Eric Kos; and Alison Atha was made in good faith. (Notice of Motion, p. 2:2-8.) A. Relevant Law "(a)(1)Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the pl...

Excerpt: ...aration Objection 1 OVERRULED 2 OVERRULED 3 OVERRULED 4 OVERRULED 5 OVERRULED 6 OVERRULED 7 SUSTAINED 8 OVERRULED 9 OVERRULED 10 OVERRULED 11 OVERRULED 12 OVERRULED 13 SUSTAINED 14 OVERRULED 15 OVERRULED 16 OVERRULED BACKGROUND: Plaintiff commenced this action on 1/26/17 against Defendants for: (1) breach of duties under Corporations Code sections 17701.10 and 17702.09; (2) violation of Trade Secrets Act; and (3) unfair competition. Plaintiff and...

Excerpt: ...seeks a determination that the settlement between it and plaintiff Wilshire Center Bldg. was made in good faith. (Notice of Motion, p. 1:24-28.) A. Relevant Law "(a)(1)Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortf...

Excerpt: ...ospective economic benefit. ANALYSIS: Defendants move to transfer the instant action to the Orange County Superior Court. (See Notice of Motion, p. 2:5-7.) A. Relevant Law Pursuant to Code of Civil Procedure, section 397, “[t]he court may, on motion, change the place of trial in the following cases: . . . [¶] (a) When the court designated in the complaint is not the proper court. . . . (c) When the convenience of witnesses and the ends of just...

Excerpt: ...Eagle Mist. (The two previous motions were heard on June 11 and June 26.) The Court already commented on the similarity of the motions – and hence the similarity of the Court's rulings. (See “Preliminary Comments, Minute Order, June 26, 2018.) Given that the Court has already twice ruled on these issues, the Court is surprised that counsel have not been able to agree upon a resolution of this third discovery motion. BACKGROUND: Plaintiff Defe...

Excerpt: ... First Amended Complaint which will add a cause of action for fraudulent concealment and new factual allegations to support that claim. (See Notice of Motion, p. 1:6-12.) A. Relevant Law Under California Rules of Court rule 3.1324(a): (a) A motion to amend a pleading before trial must: [¶] (1) Include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate it from previous pleadings or amendments; [...

Excerpt: ...On 04/23/15, defendants filed an Amended Cross-Complaint against plaintiff for: (1) declaratory relief; (2) involuntary dissolution; (3) constructive trust; (4) accounting; (5) fraud; (6) negligent misrepresentation; and (7) breach of contract. ANALYSIS: Plaintiff moves for an order that the claims in the Complaint and Amended Cross-Complaint be severed and heard in two distinct phases of the trial. (See Notice of Motion, p. 1:4-10.) A. Relevant ...

Excerpt: ...sel had not yet served defendants – despite the fact that the case had been filed 4 months previously – and failed to file a Case Management Statement. At the hearing, counsel stated that the complaint was “out for service” and that she “will have everything in. I promise you.” On May 9, 2016, the Court granted defendants' motion to quash service. Plaintiffs had not opposed the motion. At that hearing, Plaintiffs' counsel appeared by ...

Excerpt: ...against defendants for: (1) violation of professional standards; (2) fraud; (3) conspiracy to commit fraud; (4) securities fraud pursuant to California Corporations Code section 25401; (5) negligence; and (6) securities fraud pursuant to California Corporations Code section 25401. On 08/14/17 defendants Moody National Lyndhurst, S, LLC and Moody National CY Lyndhurst MT, LLC filed a Cross-Complaint against plaintiffs for: (1) breach of contract. ...

Excerpt: ...morandum of Points an [sic] Auhoriies [sic]” The Caption to this pleading is incomprehensible. The pleading itself does not contain a notice. It is not a demurrer or amended demurrer, nor could it be: Defendant has not filed either a complaint or an amended complaint. The Court cannot determine whether this document is intended to act as an opposition to the demurrer or whether it is intended as an amended complaint. Either way, the document is...

Excerpt: ...ended Complaint against defendants for: (1) violation of professional standards; (2) fraud; (3) conspiracy to commit fraud; (4) securities fraud pursuant to California Corporations Code section 25401; (5) negligence; and (6) securities fraud pursuant to California Corporations Code section 25401. On 08/14/17 defendants Moody National Lyndhurst, S, LLC and Moody National CY Lyndhurst MT, LLC filed a Cross-Complaint against plaintiffs for: (1) brea...

Excerpt: ... warranty of habitability; (2) breach of statutory warranty of habitability; (3) negligence; and (4) violation of Civil Code section 1942.4.) ANALYSIS: Petitioner includes a proposed order for the petition. (Scruton v. Korean Air Lines Co., Ltd.(1995) 39 Cal.App.4th 1596, 1603 05; see also Edmon & Karnow, Cal. Prac. Guide: Civ. Pro. Before Trial (The Rutter Group 2017) ¶ 12:572 [stating that a petition for court approval must comply with Cal. Ru...

Excerpt: ...pon on June 11, 2016. The pleadings are virtually identical and it should come as no surprise that the Court's decision is virtually the same as the one issued two weeks ago. Given that nothing has changed, the Court wonders why counsel have not agreed between themselves how this motion should be settled, and saved themselves and the Court the time and expense of this motion practice. BACKGROUND: Plaintiff Defense Nutrition LLC commenced this act...

Excerpt: ...RULED. BACKGROUND: Plaintiff commenced this PAGA action on 6/19/17 against Defendants alleging that Defendants engaged in systematic and widespread violations of the Labor Code. Plaintiff filed his First Amended Complaint on 11/09/17. ANALYSIS: First Grounds for Overruling the Demurrer: the Demurrer is Moot. On June 18, 2018, the court granted plaintiff leave to file a second amended complaint. Hence, this demurrer is moot. Second Grounds for Ove...

Excerpt: ...” are “baffling devices.” (Bruno v. Superior Court (1990) 219 Cal.App.3d 1359, 1363, quoting Burley v. Stein (1974) 40 Cal.App.3d 752, 755, fn. 3.) Nonetheless, the Court expects that plaintiff will either get advice of counsel, or will herself respond to future pleadings filed in this case. Although not raised in this demurrer, the Court questions whether this is the proper court for plaintiff's lawsuit. If indeed she is requesting damages...

Excerpt: ...the applicable statutes. (See Motion, p. 3:3-8.) A. Relevant Law “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion for one or more of the following purposes: (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her.” (Code Civ. Proc., § 418.10(a).) “The motion to quash must be...

Excerpt: ...anty of habitability; (2) breach of statutory warranty of habitability; (3) negligence; and (4) violation of Civil Code section 1942.4.) ANALYSIS: Petitioner includes a proposed order for the petition. (Scruton v. Korean Air Lines Co., Ltd.(1995) 39 Cal.App.4th 1596, 1603 05; see also Edmon & Karnow, Cal. Prac. Guide: Civ. Pro. Before Trial (The Rutter Group 2017) ¶ 12:572 [stating that a petition for court approval must comply with Cal. Rules o...

Excerpt: ...parties until December 3, 2018. When the Court continued the trial, it told all parties that there would be no further continuances. BACKGROUND: Plaintiffs commenced this action on 04/12/17 against defendants for: (1) breach of contract; and (2) intentional interference with contractual relations. On 08/25/17, defendant Golden Land Investment & Financial, Inc. filed a Cross-Complaint against plaintiffs for: (1) inducing breach of contract; and (2...

Excerpt: ...iff moves the Court for an order compelling defendant to produce additional documents responsive to Request for Production (Set Four) Number 64. (Motion, p. 14:18-20.) A. Relevant Law A motion to compel further responses to requests for production “shall set forth specific facts showing good cause justifying the discovery sought by the inspection demand.” (Code Civ. Proc. § 2031.310(b)(1).) “To establish ‘good cause,' the burden is on th...

Excerpt: ...d, and the Court entered, a stipulation for entry of judgment. The stipulation provides that judgment will be entered in favor of plaintiff and against defendants in the amount of $89,750.21 and that plaintiff may make a subsequent motion for attorney fees and costs. (See Stipulation and Judgment of 04/24/18.) ANALYSIS: Plaintiff moves the Court for an order to amend the judgment to add attorney fees in the amount of $16,415.00 and costs in the a...

Excerpt: ...D: Plaintiff commenced this action on 02/22/18. On 02/26/18, plaintiff filed a First Amended Complaint (“FAC”) against defendants for: (1) sexual battery; (2) violation of civil rights; (3) negligent retention and supervision; (4) intentional infliction of emotional distress; and (5) negligent infliction of emotional distress. Plaintiff alleges that she had made multiple complaints to the Sheriff's department about her ex- husband's continuou...

Excerpt: ...ion of Bane Act; (4) violation of Government Code sections 8547.3 and 8547.8; (5) violation of Education Code sections 44113 and 44114; (6) violation of Government Code section 12653(a); and (7) injunctive relief. Plaintiff Contreras Smith was employed as Superintendent of Schools for MUSD and Pell was MUSD's Chief Financial and Operations Officer. Plaintiffs allege that they discovered that Ruben J. Rojas, MUSD's Chief Business Officer, had obta...

Excerpt: ...hich defendant challenges every entry in plaintiff's billing records. Defendant does not cite any authority that establishes that an opposition to a motion for attorney fees may include a separate list of objections to the requested fees. It appears that the separate objections may be an attempt to evade the statutory page limit on an opposition motion. Accordingly, the Court will consider only the specific objections raised by defendant in its o...

Excerpt: ...e to furnish wage and hour statements; (6) failure to maintain employee records; (7) failure to pay all wages earned for labor no later than payday for next regular payroll period; (8) waiting time penalties; (9) retaliation; (10) violations of Business & Professions Code section 17200; and (11) conversion. On 03/14/18, plaintiff voluntarily dismissed his 4 th, 6 th, 7 th, 9 th, 10 th, and 11 th causes of action. (See Judgment of 04/12/18, p. 2:6...

Excerpt: ...eal and rest break penalties. Defendant filed an answer to the complaint on 03/29/18. Defendant filed a First Amended Answer on 05/18/18. ANALYSIS: Plaintiff filed his demurrer to the answer on 04/25/18. On 05/18/18, defendant filed an amended answer to the complaint. Accordingly, the demurrer is taken OFF-CALENDAR. (See Edmon & Karnow, Cal. Prac. Guide: Civ. Proc. Before Trial (The Rutter Group 2017) ¶ 7:122.16.) However, even if the Court were...

Excerpt: ...olecular Diagnostics, LLC demurs to plaintiff's Insurance Frauds Prevention Act (“IFPA”) claim on the grounds that it fails to allege facts sufficient to constitute a cause of action under the IFPA, that the FAC fails to allege a cause of action with the required specificity, and that the IFPA itself is unconstitutional for several reasons. (See Notice of Demurrer, p. 2:16-3:8.) A. Relevant Law The Insurance Frauds Prevention Act was enacted ...

Excerpt: ...mplaint on 05/29/15. On 05/02/17, plaintiff filed a Second Amended Complaint (“SAC”) against defendant for: (1) negligence. Plaintiff alleges that he purchased a bicycle from defendant's store on or about 04/21/12 and that he was subsequently injured because the bicycle was negligently assembled. On 04/06/18, the Court granted plaintiff leave to file a Third Amended Complaint to allege a new cause of action for strict product liability. On 04...