Excerpt: ...te/engage in an interactive process in violation of FEHA; (5) retaliation for requesting accommodation in violation of FEHA; (6) hostile work environment in violation of FEHA; (7) failure to prevent discrimination, harassment, and retaliation in violation of FEHA; (8) wrongful termination in violation of public policy; (9) negligent hiring and retention; (10) non-payment of wages in violation of DLSE; (11) failure to pay all money owed at time of...

Excerpt: ...t or, in the alternative, summary adjudication of plaintiff's second cause of action. (See Notice of Motion, p. 2:4-8.) The basic facts of this case are undisputed. On 03/19/13, Villa Nova Developing, Inc. opened a business checking account with Bank of America. (DMF/PMF 1.) Around April 2015, Villa Nova agreed to purchase certain real property and plaintiff Ace Escrow, Inc. was engaged to act as the escrow agent for the transaction. (DMF/PMF 3.)...

Excerpt: ...ntract between plaintiff Daneshrad Law Firm, APC and defendant, Joe Klein, concerning three properties. The properties at issue are 3548 Multiview Drive, 3548½ Multiview Drive (jointly referred to as the "Multiview Properties"), and 14745 Mulholland Drive (referred to as the "Mulholland Property"). According to the terms of the agreement, plaintiff was to be the assignor of the three properties, and defendant was to issue promissory notes, secur...

Excerpt: ...th accurate paystubs. ANALYSIS: Plaintiff seeks an order approving the settlement of the PAGA cause of action. A. Relevant Law “Notwithstanding any other provision of law, any provision of this code that provides for a civil penalty to be assessed and collected by the Labor and Workforce Development Agency or any of its departments, divisions, commissions, boards, agencies, or employees, for a violation of this code, may, as an alternative, be ...

Excerpt: ...summary judgment or, in the alternative, summary adjudication of plaintiff's first and second causes of action. (See Notice of Motion, p. 2:4- 17.) The basic facts of this case are undisputed. On 03/19/13, Villa Nova Developing, Inc. opened a business checking account with Bank of America. (DMF/PMF 1.) Around April 2015, Villa Nova agreed to purchase certain real property and plaintiff Ace Escrow, Inc. was engaged to act as the escrow agent for t...

Excerpt: ... business practices; (6) fraud and deceit; (7) negligent misrepresentation; and (8) violation of California Vehicle Code section 11711. ANALYSIS: Defendant moves for sanctions pursuant to Code of Civil Procedure section 128.5 on the grounds that plaintiffs and plaintiffs' counsel have engaged in frivolous and bad faith tactics, including: “(1) filing a frivolous motion to enforce settlement . . . (2) making a frivolous request for attorney's fe...

Excerpt: ... to a jury trial on 04/30/18. On 05/04/18, the jury returned a verdict in favor of defendant and against plaintiff. On 05/11/18, plaintiff filed a Notice of Intention to Move for a New Trial ANALYSIS: Plaintiff moves for a new trial on the grounds that defense counsel engaged in widespread and prejudicial misconduct by repeatedly referring to evidence that had been excluded by the Court's ruling on a motion in limine. A. Relevant Law “A motion ...

Excerpt: ...n in violation of FEHA; (2) gender harassment in violation of FEHA; (3) retaliation for complaining of discrimination and/or harassment; (4) discrimination on the basis of marital status in violation of FEHA; (5) harassment on the basis of marital status; (6) retaliation for complaining of discrimination and/or harassment on the basis of marital status in violation of FEHA; (7) failure to prevent discrimination, harassment, and retaliation in vio...

Excerpt: ... to a jury trial on 04/30/18. On 05/04/18, the jury returned a verdict in favor of defendant and against plaintiff. On 05/11/18, plaintiff filed a Notice of Intention to Move for a New Trial ANALYSIS: Plaintiff moves for a new trial on the grounds that defense counsel engaged in widespread and prejudicial misconduct by repeatedly referring to evidence that had been excluded by the Court's ruling on a motion in limine. A. Relevant Law “A motion ...

Excerpt: ... “is necessary and in the interests of justice because the amendment will add as defendants two (2) individual Gold's gyms that were not added (with ten other individual gyms) to the FAC because Plaintiff only had 10 ‘Does' with which to add defendants.” (See Notice of Motion, p. 2:8-11.) 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 a...

Excerpt: ...�� for work, labor and services rendered; (5) common count – account stated; (6) common count – open book account; (7) accounting; (8) unjust enrichment; and (10) declaratory judgment. ANALYSIS: Defendant demurs to the SAC on the ground that each cause of action fails to state facts sufficient to constitute a cause of action. (See Notice of Demurrer, p. 2:3-5.) Specifically, defendant claims that each cause of action must fail because plainti...

Excerpt: ...rovided by defendants. ANALYSIS: Defendants move for summary judgment or, in the alternative, for summary adjudication of plaintiff's second cause of action on the ground that it is duplicative of the first cause of action. (See Notice of Motion, p. 2:1-16.) A. Relevant Law i. Statute of Limitations “In an action for injury or death against a health care provider based upon such person's alleged professional negligence, the time for the commenc...

Excerpt: ...ended Complaint against defendants for: (1) intentional infliction of emotional distress; (2) wrongful termination in violation of public policy; (3) violation of Labor Code § 1102.5; (4) constructive termination in violation of public policy; (5) race/ethnicity/national origin/age discrimination; (6) disability discrimination; (7) failure to reasonably accommodate; (8) failure to engage in interactive process; (9) violation of CFRA; (10) failur...

Excerpt: ...tion or continue the scheduled hearings pending the resolution of plaintiff's related action before the Workers Compensation Appeals Board (“WCAB.”) On 04/02/18, plaintiff filed a First Amended Complaint (“FAC”) against defendant for: (1) declaratory relief; (2) breach of contract; and (3) breach of the implied covenant of good faith and fair dealing. Plaintiff alleges that it entered into an Excess Workers Compensation Policy with defend...

Excerpt: ...tional distress; (5) negligent infliction of emotional distress; (6) false imprisonment; (7) fraud; (8) negligent misrepresentation; (9) defamation/slander; (10) constructive wrongful termination in violation of public policy; and (11) unfair business practices. Plaintiff alleges that he was hired by defendant Securitas to work as an armed security guard. (Complaint, ¶ 7.) Plaintiff was issued a handgun for use in the course of his employment. (...

Excerpt: ...udicial Notice is DENIED. “A written trial court ruling in another case has no precedential value.” (Budrow v. Dave & Buster's of California (2009) 171 Cal.App.4th 875, 885; Santa Ana Medical Hospital Center v. Belshé (1997) 56 Cal.App.4th 819, 831.) Plaintiff's Objections are OVERRULED in their entirety. PRELIMINARY COMMENTS: The Court would suggest that Plaintiff's counsel check their Table of Authorities generator; the cases that are list...

Excerpt: ...e, which seeks to have Requests for Admission be deemed admitted. When Requests for Admission are admitted, the opposing party usually loses the case; after all, any Requests for Admission worth the price of annual bar dues is designed to have the opposing party admit critically prejudicial facts. In this case, the result of admitting these Requests for Admission is that Plaintiff has conclusively admitted that she has no facts to support any of ...

Excerpt: ... complaint on 8/22/16 against defendants Julian Bakery Inc. 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 9/8/16 against plaintiff and Ori Hofmekler. Julian filed a first amended cross-complaint on 11/14/16 against plaintiff, Hofmekler, Eagle Mist Corporation, and Sapphire for: (1) breach of contract; (2) breach of ...

Excerpt: ...tress. ANALYSIS: Plaintiff seeks leave to file a First Amended Complaint which “does not change the Complaint except for clarifying that AFI both retaliated against Linson for both opposing FEHA violations on the basis of age, race, gender, and religion, and discriminated against Linson because of his age, race, gender, and religion or combination therefor.” (See Motion, p. 2:26-3:2.). Under California Rules of Court rule 3.1324(a): (a) A mot...

Excerpt: ...each of fiduciary duty (direct); (3) conversion (direct); (4) breach of fiduciary duty (derivative); (5) conversion (derivative); (6) unfair business practices; and (7) fraud and deceit. Defendant Richard Ciotti filed a Cross-Complaint on 11/29/17 and filed a First Amended Cross-Complaint on 02/27/18 against cross-defendants for: (1) involuntary dissolution of a corporation; (2) involuntary dissolution of a limited liability company; (3) waste of...

Excerpt: ..., H&H Testing, Inc., Living Rebos, LLC and M-Brace Treatment Inc., and Millennium Health, LLC have filed four separate demurrers to plaintiff's sole cause of action for Violation of the California Insurance Frauds Prevention Act. A. Relevant Law The Insurance Frauds Prevention Act was enacted to combat various forms of insurance fraud and is based on the Legislature's explicit finding that “[h]ealth insurance fraud is a particular problem for h...

Excerpt: ...NALYSIS: Defendants move to transfer the instant action to the Superior Court in the County of Orange. (See Notice of Motion, p. 2:1-6.) 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 justice would be promot...

Excerpt: ...d to provide salaried, non-exempt employees with accurate paystubs. ANALYSIS: Plaintiff seeks an order approving the settlement of the PAGA cause of action. A. Relevant Law “Notwithstanding any other provision of law, any provision of this code that provides for a civil penalty to be assessed and collected by the Labor and Workforce Development Agency or any of its departments, divisions, commissions, boards, agencies, or employees, for a viola...

Excerpt: ...t medical treatment provided by defendants. On 03/22/18, the Court granted defendant Cedars-Sinai Medical Center's unopposed motion for summary judgment. ANALYSIS: Plaintiff moves to set aside the Court's 03/22/18 ruling granting defendant's motion for summary judgment. (See Notice of Motion, p. 2:2-5.) A. Relevant Law Under Code of Civil Procedure section 473, subd. (b), "[t]he court may, upon any terms as may be just, relieve a party . . . from...

Excerpt: ...int (“FAC”) against defendants for: (1) race discrimination – disparate treatment in violation of FEHA; (2) gender discrimination in violation of FEHA; (3) age discrimination in violation of FEHA; (4) harassment in violation of FEHA; (5) retaliation in violation of FEHA; (6) failure to prevent discrimination in violation of FEHA; (7) intentional infliction of emotional distress; and (8) declaratory relief. ANALYSIS: Defendant California Dep...

Excerpt: ...int (“FAC”) against defendants for: (1) race discrimination – disparate treatment in violation of FEHA; (2) gender discrimination in violation of FEHA; (3) age discrimination in violation of FEHA; (4) harassment in violation of FEHA; (5) retaliation in violation of FEHA; (6) failure to prevent discrimination in violation of FEHA; (7) intentional infliction of emotional distress; and (8) declaratory relief. ANALYSIS: Defendant California Dep...

Excerpt: ...ee Nazir v. United Airlines, Inc. (2009) 178 Cal. App. 4th 243, 254, fn. 3.) “This is hardly good advocacy, and it unnecessarily overburdens the trial court.” (Id.) The objections are OVERRULED. BACKGROUND: Plaintiff commenced this action on 09/27/17 against defendants for: (1) involuntary dissolution of a corporation; (2) breach of fiduciary duty (direct); (3) conversion (direct); (4) breach of fiduciary duty (derivative); (5) conversion (de...

Excerpt: ...ion; (3) intentional infliction of emotional distress; (4) intentional misrepresentation; (5) interference with contractual relations; (6) interference with prospective economic advantage; (7) civil conspiracy; and (8) violation of Business & Professions Code § 17200. Defendants' special motion to strike (Anti-SLAPP) was granted on 12/14/15. (See Minute Order of 12/14/15.) On 01/05/16, Judge Michael Johnson dismissed the action against all defen...

Excerpt: ... (5) intentional infliction of emotional distress. ANALYSIS: Plaintiff moves the Court for an order compelling defendants to comply with his demand for a site inspection. (See Notice of Motion, p. 2:4-5.) Plaintiff also seeks sanctions in the amount of $1,350.00. (Id. at p. 2:5-7.) A. Relevant Law Code of Civil Procedure section 2031.010 provides that “[a]ny party may obtain discovery . . . by inspecting, copying, testing, or sampling documents...

Excerpt: ...arranty – violation of Song-Beverly Act. In November 2017, plaintiff accepted defendants section 998 offer to settle. ANALYSIS: Plaintiff moves for an order awarding her attorney's fees in the total amount of $53,647.50 which consists of a lodestar figure of $35,765.00 and a 1.5x fee multiplier. Plaintiff also seeks an award of costs in the amount of $3,719.71. (See Motion, p. 10:20-24.) Attorney Fees Costs and expenses, including attorney's fe...

Excerpt: ...onses to Special Interrogatories is GRANTED as to Special Interrogatories 1-5 and 7- 10. Additionally, all plaintiffs — other than plaintiff Courtney Sherman — must produce a complete answer to Special Interrogatory number 6. The Court declines to award sanctions. The motion to compel further responses to Requests for Production is GRANTED. The Court declines to award sanctions. BACKGROUND: Plaintiffs commenced this action on 02/25/16. They l...

Excerpt: ...e section 1102.5); (2) retaliation (Labor Code section 98.6); (3) violation 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...

Excerpt: ...sponses to Form Interrogatories – General and Form Interrogatories – Unlawful Detainer are GRANTED. Plaintiff is granted sanctions in the amount of $975.00 against defendant and its counsel of record. BACKGROUND: Plaintiff commenced this unlawful detainer action on 03/21/18. Plaintiff alleges that defendant has not paid rent under the lease, that plaintiff has served defendant with a 3-day notice to pay rent or quit, and that defendant has fa...

Excerpt: ...motion. Plaintiff's motions to compel responses to Form Interrogatories – General and Form Interrogatories – Unlawful Detainer are GRANTED. Defendant is sanctioned in the amount of $1,240.00 BACKGROUND: Plaintiff commenced this unlawful detainer action on 03/21/18. Plaintiff alleges that defendant has not paid rent under the lease, that plaintiff has served defendant with a 3-day notice to pay rent or quit, and that defendant has failed to co...

Excerpt: ...NALYSIS: Defendants move pursuant to Code of Civil Procedure section 1054(a) for an order extending their time to respond to the complaint by 30 days until 05/05/18. (See Motion, p. 1, ¶ 1.) Code of Civil Procedure section 1054(a) provides: When an act to be done, as provided in this code, relates to the pleadings in the action, or the preparation of bills of exceptions, or of amendments thereto, or to the service of notices other than of appeal...

Excerpt: ...Randi Educational Foundation (JREF) to pay out one million U.S. dollars to anyone who can demonstrate a supernatural or paranormal ability under agreed-upon scientific testing criteria. Over a thousand people applied to take it, but none were successful.” (Wikipedia, available athttps://en.wikipedia.org/wiki/Cha llenge). Plaintiff Morris-Calderon has sued the James Randi Educational Fund for the $1 million that she believes she is owed under th...

Excerpt: ...: Plaintiff commenced this action on 12/18/15 against defendants for: (1) breach of written contract; (2) common count; (3) open book account; (4) account stated; (5) quantum meruit; and (6) foreclosure on mechanics lien. On 02/25/16, defendants filed a Cross-Complaint against plaintiffs for: (1) breach of contract; (2) negligence; (3) express indemnification; (4) declaratory relief; (5) fraud; (6) conversion; and (7) for money had and received. ...

Excerpt: ...orney moving to be relieved as counsel under California Code of Civil Procedure section 284(2) must meet the requirements set out in California Rules of Court, rule 3.1362. To comply with rule 3.1362, the moving party must submit the following forms: (1) Notice of Motion and Motion to be Relieved as Counsel; (2) Declaration in Support of Attorney's Motion to be Relieved as Counsel; and (3) Order Granting Attorney's Motion to be Relieved as Counse...

Excerpt: ... on the Pleadings as to the third cause of action. BACKGROUND: Plaintiffs commenced this action on 6/29/17 against defendants for: (1) retaliation (Labor Code § 1102.5); (2) retaliation (Labor Code § 98.6); (3) violation of Bane Act; (4) violation of Government Code §§ 8547.3 and 8547.8; (5) violation of Education Code §§ 44113 and 44114; (6) violation of Government Code § 12653(a); and (7) injunctive relief. Plaintiff Contreras Smith was ...

Excerpt: ...en warranty; (5) breach of the implied warranty of merchantability; (6) violation of the Magnuson-Moss Warranty Act; and (7) fraud by omission. ANALYSIS: Plaintiffs move the Court for an order compelling defendants to produce additional documents responsive to Request for Production (Set One) Numbers: 7, 12, 13, 19, 22, 24-28, 52, 55, 57-61, 107-11, and 124. (Notice of Motion, p. 2:5-8.) The instant motion is timely and defendant provides separat...

Excerpt: ... fraud; (3) breach of the implied covenant of good faith and fair dealing; and (4) violation of Business and Professions Code section 17200. In summary, plaintiffs allege that they hired defendants to renovate their home and that defendants performed subpar work and ultimately failed to complete the renovation or perform their obligations under the contract. DEMURRER ANALYSIS: Defendants demur to the FAC on several grounds. First, Shaul Arbib dem...

Excerpt: ...y of merchantability; and (6) violation of the Magnuson–Moss Warranty Act. ANALYSIS: Plaintiff moves the Court for an order compelling defendant's further responses to Request for Production, Set One, Nos. 7, 10, 20, 227-27, 29, and 62. (See Notice of Motion, p. 1:3-7.) Plaintiff propounded this set of discovery requests on 08/07/17. (See Obioha Decl., ¶ 25, Exh. 7.) Defendant served its responses on 09/11/17. (See Id. at ¶ 26, Exh. 8.) On 08...

Excerpt: ...have filed an opposition. On the other hand, if Plaintiffs believed that the motion had merit, they should have complied with the discovery request; doing so would have saved the Court and its staff the time and resources to analyze an unopposed motion. BACKGROUND: Plaintiffs commenced this action on 04/01/16. On 02/06/17, plaintiffs filed a First Amended Complaint against defendants for: (1) negligence – wrongful death; (2) negligence – wron...

Excerpt: ...erican employees. Plaintiff alleges that after his emails he faced unmeritorious complaints, and as a result, LBDWP ordered him to serve a thirty-day suspension. On July 11, 2016, LBDWP allegedly threatened to suspend him again after plaintiff had become involved in the arrest of another person. A few days later, plaintiff expressed his desire to retire from his job, and LBDWP drafted a retirement and release agreement (the “Agreement”) that ...

Excerpt: ...Randi Educational Foundation (JREF) to pay out one million U.S. dollars to anyone who can demonstrate a supernatural or paranormal ability under agreed-upon scientific testing criteria. Over a thousand people applied to take it, but none were successful.” (Wikipedia, available athttps://en.wikipedia.org/wiki/Cha llenge). Plaintiff Morris-Calderon has sued the James Randi Educational Fund for the $1 million that she believes she is owed under th...

Excerpt: ...18, plaintiff filed a “Notice of Objection's of Defendant's Motion's an Request's Demurrer and Orders of Declaring Plaintiff to be Vexatious Litigant.” [Sic.] There is no proof of service or other indication that this document was ever served on defendant. On 04/23/18, defendant filed a “Notice of Non-Opposition to Demurrer” indicating that based on the hearing date for this demurrer, “JREF's counsel had to receive [plaintiff's oppositi...

Excerpt: ... a party relief from its attorney's own mistake and error. However, to do so in this case would exalt form over substance. The Court has analyzed the Motion for JNOV that was filed by Defendant on April 23, 2018. (See Exh. B to ex parte.) If the Court were to hear the Motion on its merits, the Court would deny the Motion for JNOV. The Evidence Supported the Verdict Defendant argues that the evidence does not support the verdict. The Court careful...

Excerpt: ...on of public policy; and (5) unfair business practices in violation of Business & Professions Code section 17200. ANALYSIS: Defendant seeks to bifurcate the equitable claim under Business & Profession Code section 17200 and try it prior to empanelling a jury for trial as to Plaintiff's remaining legal claims. (See Notice of Motion, p. 1: 22-25.) A court, in furtherance of convenience or to avoid prejudice, may separate any causes of action or any...

Excerpt: ...nded, it should have agreed when meeting-and-conferring with defendants to amend the complaint or file a first amended complaint. Alternatively, if plaintiff agreed that the complaint could not be amended, it should have dismissed the complaint. Had it done so, the court and its staff would not have had to spend the time analyzing a demurrer to a complaint that even plaintiff agrees must be amended or should be dismissed. BACKGROUND: Plaintiff co...

Excerpt: ...ness and Professions Code section 17200. The actions pertain to plaintiff's agreement with Sunrise to secure refinancing of loans plaintiff had with other lenders. The trial was held in two phases. On 8/7/17, the Court found that plaintiff's cause of action for breach of oral contract was barred by the statute of limitations and that neither equitable tolling nor equitable estoppel apply. On 11/15/17, the Court granted defendants John Kohan and B...

Excerpt: ...following exception: plaintiff does not have to answer Form interrogatory No. 2.6. The motion to compel Benjamin Martinez's further responses to Form Interrogatories (Economic Litigation) is DENIED. The motion to compel Emilia Bolanos Guillen's response to Form Interrogatories (Economic Litigation) is GRANTED. The Court sanctions plaintiffs in the amount of $1,320.00. PRELIMINARY COMMENTS: The Court always finds it perplexing when a motion to com...

Excerpt: ...nting; and (8) money had and received. On 08/09/17, defendants filed a cross-complaint against plaintiff for: (1) breach of contract; (2) breach of covenant of good faith and fair dealing; (3) quantum valebant; (4) fraud; (5) negligent misrepresentation; (6) unfair competition; (7) intentional interference with prospective economic relations; and (8) negligent interference with prospective economic relations. ANALYSIS: Under California Rules of C...

Excerpt: ...elf is not subject to judicial notice. BACKGROUND: Plaintiff commenced this action on 02/21/18 against defendants for: (1) false imprisonment; (2) conversion; (3) assault; (4) battery; (5) intentional infliction of emotional distress; (6) fraud; and (7) breach of contract. The claims arise out of events alleged to have occurred during plaintiff's stay at defendant's rehabilitation facility ANALYSIS: Defendant moves for an order compelling plainti...

Excerpt: ...dant for violations of the Song-Beverly Act and the Magnuson-Moss Act as well as breach of the implied warranty of merchantability, breach of express written warranty, and fraud by omission. The action pertains to defects in a vehicle purchased by Plaintiff and manufactured by Defendant. ANALYSIS: Defendant demurs to Plaintiff's seventh cause of action — fraud by omission — on the grounds that it is barred by the statute of limitations; that ...

Excerpt: ...s entitled to his commission.” (See Notice of Motion, p. 2:8-10.) The facts at issue are identical to those addressed above. By way of summary, plaintiff submits evidence of the Fee Agreement under which plaintiff would become entitled to a commission of $119,280 upon the closing of the property. (See Motion, p. 5:6-10; See FAC, Exh. A.) Plaintiff then procured a loan in the amount of $2,982,000 from third-party lender Lone Oak Fund, LLC. (See ...

Excerpt: ...to plaintiff's agreement with Sunrise to secure refinancing of loans plaintiff had with other lenders. The trial was held in two phases. On 8/7/17, the Court found that plaintiff's cause of action for breach of oral contract was barred by the statute of limitations and that neither equitable tolling nor equitable estoppel apply. On 11/15/17, the Court granted defendants John Kohan and Bank of the West's motion for non-suit. On 11/17/17, the jury ...

Excerpt: ...) breach of implied covenant of good faith and fair dealing; (4) account stated; and (5) open book account. Plaintiff is a real estate broker and alleges that he was entitled to a fee of $119,280 pursuant to a written fee agreement under which he secured a loan for defendant. Plaintiff is a real estate broker and is licensed in his individual capacity. (DMF/PMF 1.) Plaintiff is also the “designated officer” of Abaran Capital Corporation, whic...

Excerpt: ...le when it was hit by another vehicle driven by plaintiff Zavala. (Compl., ¶ 7.) Kostanian suffered injuries as a result and filed an action against Zavala. (Ibid.) A judgment was entered in favor of Kostanian and against Zavala on 7/7/15 in the sum of $5,360,529.58. (Ibid.) At the time of the accident, Zavala was insured by defendant AMCO with a policy that had bodily injury limits of liability of $100,000.00 per person and $300,000.00 per occu...

Excerpt: ...action on 8/8/16. Plaintiff filed a first amended complaint on 8/22/16 against defendants Julian Bakery Inc. 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 9/8/16 against plaintiff and Ori Hofmekler. Julian filed a first amended cross-complaint on 11/14/16 against plaintiff, Hofmekler, Eagle Mist Corporation, and Sap...

Excerpt: ...endant Sage Management Co, Inc. He alleges that the other two owners, Michael and Joseph Schrage have looted the family business for personal gain and, among other things, improperly used company money to pay their own personal legal fees. ANALYSIS: Plaintiff Leonard Schrage and defendant Futterman Dupree Dodd Croley Maier LLP have filed cross-motions for summary judgement that both ask this Court to determine a single legal issue: whether Sage M...

Excerpt: ...bjects to the following statement of James Sgro, the President of Defendant Gold Coast: Objection No. 5: “I did not know Plaintiff personally but knew that she was an employee in Gold Coast's research and development department." Plaintiff objects on the following grounds: lacks foundation; lacks personal knowledge; and conclusory. (See Plaintiff's Evidentiary Objections.) Objection No. 6: “I found the language used in Exhibit 1 to be extreme...

Excerpt: ... incomplete. Only page 7 – the last page containing the signature of Birnbaum, is attached. BACKGROUND: Plaintiffs commenced this action on 06/28/13. On 07/23/14, plaintiff filed a First Amended Complaint against defendants for: (1) race discrimination in violation of FEHA; (2) harassment in violation of the FEHA; (3) retaliation in violation of the FEHA; and (4) failure to prevent harassment and discrimination in violation of the FEHA. After a...

Excerpt: ...t any records which contain communications subject to the marital communication privilege in Evidence Code section 980 must be redacted. BACKGROUND: Plaintiff commenced this action of 06/05/17. On 09/14/17, plaintiff filed a First Amended Complaint against defendants for: (1) violations of constitutional right of privacy; (2) intrusion into private affairs; (3) public disclosure of private facts; and (4) false light. Plaintiff alleges that she su...

Excerpt: ...il Code section 2923.7; (2) violation of Civil Code section 2923.6; (3) negligence; (4) intentional misrepresentation; (5) negligent misrepresentation; (6) breach of covenant of good faith and fair dealing; and (7) unfair business practices. ANALYSIS: Defendant demurs to the FAC in its entirety on the ground that plaintiff lacks standing to assert any of her causes of action. (See Demurrer, p. 3:6-8.) In the alternative, defendant demurs to each ...

Excerpt: ...o make payments under the agreement. ANALYSIS: Plaintiffs move to strike defendant's memorandum of costs on the ground that defendant is not a prevailing party and is therefore not entitled to recover any costs. “Except as otherwise provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.” (Code Civ. Proc. § 1032, subd. (b).) On 02/06/18, defendant Layfield & Barret filed a memora...

Excerpt: .../deceit (suppression of fact); (3) negligent misrepresentation; (4) accounting; (5) negligence; (6) unfair business practices; and (7) declaratory relief. ANALYSIS: Defendant demurs to the complaint on the grounds that: (1) all of plaintiffs' claims are barred by the statute of limitations; (2) all of plaintiffs' claims are precluded by collateral estoppel; (3) all of plaintiffs' claims are precluded by the Superior Court's prior decision compell...

Excerpt: ...ed documents. Plaintiff is sanctioned in the amount of $490.00. PRELIMINARY COMMENTS: On December 18, 2017, the Court noted that plaintiff's counsel had not opposed 7 consecutive discovery motions – all of which the Court had granted. The Court stated that it could not understand why plaintiff had not even opposed defendant's motion for terminating sanctions. (See Minute Order, 12/18/2017.) On November 21, 2017, December 1, 2017, and December 1...

Excerpt: ...s that it was served on the same date. The Court does not understand the cause of this discrepancy. BACKGROUND: Plaintiff commenced this action on 05/18/16. On 08/16/17, plaintiff filed a First Amended Complaint against defendants alleging causes of action for: (1) violation of the Consumer Legal Remedies Act; (2) unfair competition; (3) breach of implied warranty of merchantability; and (4) violation of Vehicle Code section 11711.) Plaintiff all...

Excerpt: ...s-defendant in Ryutaro Isobe's Third Amended Cross-Complaint, which is not at issue here. Accordingly, Khoe is stricken as a moving party. BACKGROUND: Plaintiffs 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 defendants are members of Tatsu Ramen LLC. Plaintiff alleges that defendants...

Excerpt: ...event 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 inability to perform his ...

Excerpt: .... Plaintiff need not produce further response to Request Nos. 9-28. BACKGROUND: Plaintiff commenced this shareholder derivative action on 02/05/16 against defendants for: (1) conversion; (2) unjust enrichment; (3) breach of fiduciary duty; and (4) abuse of control. Plaintiff alleges that he is a 1/3 owner of nominal defendant Sage Management Co, Inc. He alleges that the other two owners, Michael and Joseph Schrage have looted the family business ...

Excerpt: ...s. Secondly, the Court notes that some of these objections are clearly frivolous. For instance, defendants object to the following statement as “Impermissible Hearsay”: “When I complained to Human Resources about on several occasions that Defendant Chrys Cokkinos was violating my work restrictions, no one would translate for me to the English speaking managers, so I tried to convey my point the best that I could.” (See Objections, p. 3:1-...

Excerpt: ...ment of 01/12/17.) Also on 01/12/17, the Court entered a Judgment in Condemnation in which it ordered plaintiff to pay the principal sum of $177,000.00 to defendants Yoon Kim and defendant Ingram Entertainment, Inc. (Judgment in Condemnation, 01/12/17.) On 02/08/17, plaintiff filed a Notice of Deposit indicating that the total sum of $177,094.50, “which represents the total just compensation together with interest, for the benefit of defendants...

Excerpt: ...ic disclosure of private facts; and (4) false light. Plaintiff alleges that she suffered a medical emergency in her home. Her husband, a Los Angeles County Sheriff, contacted the Sheriff's department to request assistance. Plaintiff alleges that certain members of the Sheriff's department thereafter disclosed the details of her emergency to other members of the Department and to the media. ANALYSIS: Defendant County of Los Angeles moves the Court...

Excerpt: ... (3) false light. Plaintiff was an assistant sheriff with LASD for over 30 years. The claims arise out of allegations that others within LASD were spreading rumors about plaintiff and another member of the Sheriff's department. Plaintiff alleges that the rumors were being spread for the purpose of destroying his career and that his family was subjected to harassment related to the rumors. Plaintiff filed a report to the Los Angeles County Distric...

Excerpt: ...tayed pursuant to a bankruptcy stay. The stay was lifted on 9/10/14. The action proceeded to a court trial on 12/15/14. Pursuant to the terms of a settlement, the Law Offices of Barry Fischer was added as a defendant. The Court entered judgment in favor of plaintiff and against defendants in the amount of $125,000.00, but stayed entry of judgment if defendants paid $34,000.00 on or before 5/14/15 and an additional $34,000.00 by 12/14/15. The Cour...

Excerpt: ...ould have been served by 03/15/18. (See Code Civ. Proc. § 1005, subd. (b).) However, defendant does not oppose this petition, and has not indicated that the late service in any way prejudiced plaintiff. Therefore, the Court will disregard this procedural error. BACKGROUND: Plaintiff commenced this action on 11/03/16. On 12/22/16, plaintiff filed a First Amended Complaint against defendant for: (1) professional negligence; and (2) breach of fiduc...

Excerpt: ...ution; (5) violation of Gov. Code § 12900, et seq; (6) intentional infliction of emotional distress; (7) violation of Business & Professions Code § 17200; (8) fraud, negligent misrepresentation, concealment; and (9) violation of the Consumer Legal Remedies Act. On 01/08/18, the Court sustained defendants' demurrer to the eighth and ninth causes of action in the complaint. ANALYSIS: Defendants United Rentals North America, Inc. and United Rental...

Excerpt: ... money had and received; (4) violations of Bus. & Prof. Code sections 6400-6415; and (5) violations of Bus. & Prof. Code sections 6450-6456. Plaintiff alleges that defendant Liskey committed legal malpractice in the course of representing her in quiet title and probate actions by, among other things, conspiring to sabotage plaintiff's rights in the properties, splitting fees with an unlicensed paralegal, and generally failing to exercise reasonab...

Excerpt: ...r of 05/24/17.) By that point, the Court had already continued the OSC re Entry of Default on two separate occasions because counsel failed to attend the hearings in person and, on both occasions, sent “stand-in” counsel who could not explain why counsel could not attend or why default had not yet been entered. (Id. at p. 1, ¶ 3.) On 11/15/17, this Court granted plaintiff's first motion to set aside dismissal. The Court set a new OSC re Defa...

Excerpt: ...1/12 and that he was subsequently injured because the bicycle was negligently assembled. ANALYSIS: Defendant Sport Chalet, Inc. moves for summary judgment on the ground that plaintiff's claim for ordinary negligence is barred by his admission that he executed an enforceable wavier and release of all claims. a. Relevant Law On a motion for summary judgment or summary adjudication, “[t]he moving party bears the initial burden of production to mak...

Excerpt: ...nce Frauds Prevention Act (Insurance Code section 1871.7) The complaint alleges that defendants have committed fraud by submitting insurance claims for 3D MRI scans that were not actually performed. ANALYSIS: Plaintiff-Relator requests to admit Anne Raven, Ross O. Silverman, and Kathy P. Josephson to appear as counsel pro hac vice on its behalf. Under California Rules of Court, rule 9.40(a), [a] person who is not a member of the State Bar of Cali...

Excerpt: ...engage in a good faith interactive process in violation of FEHA; (4) failure to prevent discrimination and retaliation in violation of FEHA; (5) discrimination based on sex/gender in violation of FEHA; and (6) retaliation in violation of FEHA. ANALYSIS: Defendant demurs to the second and third causes of action on the ground that they fail to state facts sufficient to constitute a cause of action because plaintiff has failed to exhaust her adminis...

Excerpt: ...ion (Labor Code section 98.6); (3) violation 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 Montebello Unified School District (“MUSD”) and Pell was MUSD's Chief Financial and Operations Officer. Plaintiffs alle...

Excerpt: ...ons is boilerplate. Each of the oppositions is boilerplate. The declarations filed by Mikhov in each case is virtually identical. Paragraphs 34–76 of today's declaration is simply a selective recitation of the awards of trial court judges in other cases. As the Court has previously stated to plaintiffs' counsel, it does not find this information to be relevant. First, the Court understands the information presented is selective; plaintiffs' cou...

Excerpt: ...omplaint for negligence. Plaintiff now seeks leave to file a Third Amended Complaint which adds a new cause of action for strict products liability. ANALYSIS: Plaintiff seeks leave to file a Third Amended Complaint (“TAC”) which adds a new cause of action for Strict Products Liability – Failure to Warn. (Notice of Motion, p. 1:27-28.) Under California Rules of Court rule 3.1324(a): (a) A motion to amend a pleading before trial must: [¶] (1...

Excerpt: ...f action is OVERRULED. Defendant Marengo Manor Owners Association's demurrer to the first cause of action is OVERRULED. Defendant Marengo Manor Owners Association's Request for Judicial Notice of Exhs. A and B is GRANTED. Defendant's Request for Judicial Notice of Exh. C is DENIED. BACKGROUND: Plaintiff commenced this action on 5/5/17 against Defendants for: (1) rescission and restitution; and (2) constructive trust. Plaintiff purchased the subje...

Excerpt: ...ealing; (3)-(6) common law fraud; (7) unfair competition; and (8) breach of fiduciary duty. ANALYSIS: Plaintiff requests to admit Kamal Sleiman and Michael Austin to appear as counsel pro hac vice on his behalf. Under California Rules of Court, rule 9.40(a), [a] person who is not a member of the State Bar of California but who is a member in good standing of and eligible to practice before the bar of any United States court or the highest court i...

Excerpt: ...RULED. Defendants' motion to strike is DENIED. PRELIMINARY COMMENTS: Civil Code section 3295(e) provides that “[n]o claim for exemplary damages shall state an amount or amounts.” (Civ. Code § 3295, subd. (e).) The purpose of this requirement is to “prevent punitive damage claims being used as a financial bludgeon.” (Edmon & Karnow, supra, at ¶ 6:176.) In apparent violation of this section, plaintiff has requested punitive damages “. ....

Excerpt: ...tortious breach of implied warranty of habitability; (5) negligence; (6) private nuisance; (7) public nuisance; (8) conversion; (9) injunctive relief; and (10) violation of business and professions code § 17200 et seq. Plaintiffs are tenants in a building owned and/or managed by Defendants Morse, Coffman, and A.T.M. Business. Plaintiffs allege that Landlords allowed Defendant Kimberly Ye to move into the building and operate a prostitution busin...

Excerpt: ...e Song-Beverly Warranty Act; and (3) fraud. ANALYSIS: Defendant moves the Court for an order staying the present proceedings pending the outcome of an appeal of the nationwide settlement of a putative class action that was approved on 10/18/17. (See Notice of Motion, p. 2:6-10.) On 10/18/17, the federal district court for the Central District of California approved a nationwide settlement in Vargas v. Ford Motor Company. (See Def.'s RJN, Exh. E.)...

Excerpt: ...guyen to the third, fourth, and fifth causes of action is OVERRULED. The motion to strike is GRANTED. BACKGROUND: Plaintiffs commenced this action on 09/28/17. Plaintiffs filed a First Amended Complaint (“FAC”) on 01/03/18 against defendants for: (1) constructive trust; (2) quiet title; (3) partition by sale; (4) slander of title; (5) breach of fiduciary duty; (6) fraud; (7) cancellation of instruments; (8) conversion; (9) accounting; (10) in...

Excerpt: ...ts in the amount of $2,060.00 BACKGROUND: Plaintiff commenced this action on 05/11/16. On 05/20/16, plaintiff filed a First Amended Complaint (“FAC”) against defendants for: (1) termination and retaliation in violation of Labor Code sections 1102.5 and 1102.6; (2) wrongful termination in violation of public policy; (3) promissory fraud/fraudulent inducement; and (4) alter ego. ANALYSIS: Plaintiff move the Court for an order compelling defenda...

Excerpt: ... (4) breach of fiduciary duty; (5) quantum meruit; and (6) declaratory relief. ANALYSIS: Defendants move for an order staying the present action pursuant to a petition filed with the California Labor Commission and a pending arbitration in Sweden in the related case ofAssad v. Josefsson, et al. (BC634096). (See Notice of Motion, p. 1:6-12.) The petition filed with the Labor Commission concerns the issue of whether an agreement between Mr. Assad a...

Excerpt: ...ment – concealment; (4) fraudulent inducement – intentional misrepresentation; and (5) fraudulent inducement – negligent misrepresentation. The action concerned a car that Plaintiff purchased and that Defendant manufactured. A Notice of Settlement was filed on 10/19/17. ANALYSIS: Plaintiff moves for an order awarding them their attorney's fees in the total amount of $30,922.50 which consists of a lodestar figure of $20,615.00 and a 1.5 fee ...

Excerpt: ... 7.) Under the Agreement, Belle Oakes would receive an original loan amount of $107,294.56; the total repayment amount was $156,649.68. (Id. at ¶ 8.) As part of the Loan Agreement, defendant Esther Nederhood executed an unconditional personal guaranty. (Id. at ¶ 14.) On or about 04/27/17, Belle Oakes defaulted on the Loan by failing to make payments when due and has remained continuously in default. (Id. at ¶ 9.) Plaintiff alleges that the pri...

Excerpt: ...ubdivision (d).) PRELIMINARY COMMENTS: The Court is concerned that both counsel have apparently refused to meet-and-confer in good faith regarding this demurrer. Such action simply increases the costs to both parties. The Court again urges counsel to heed the Los Angeles Superior Court's Civility Guidelines, which can be found at http://www.lacourt.org/courtrules/ CurrentRulesAppendixPDF/Chap3Appendix3A.PDF. (See Court's Minute Order of Dec. 21, ...

Excerpt: ...n. On 12/29/17, the parties filed a Notice of Settlement of Entire Case. ANALYSIS: Plaintiff moves to dismiss, without prejudice, his Private Attorney General Act (“PAGA”) cause of action on the ground that the parties have reached a settlement as to his Labor Code claims and he no longer wishes to pursue the PAGA claim. (Motion, p. 1:11-16.) Plaintiff declares that his discovery efforts have not revealed that any other current or former empl...

Excerpt: ...rial, pursuant to a stipulation of the parties, until August 6, 2018. At that time, the Court indicated there would be no further continuances. BACKGROUND: Plaintiff commenced this action on 06/07/17. On 01/30/18, plaintiff filed a First Amended Complaint (“FAC”) against defendants alleging causes of action for: (1) breach of contract; (2) conversion; (3) fraud; (4) negligent misrepresentation; and (5) common counts. ANALYSIS: Demurrer Defend...

Excerpt: ...covenant of good faith and fair dealing; (3) declaratory relief. In a previous lawsuit, plaintiff sued, and was sued by, a former business acquaintance, Carmen Harra. (See Motion, p. 11:22-15:22.) Plaintiff was hired to re-write the script for a movie, but claimed that he was not paid for his work. (Id. at p. 7:4-6.) In December 2012, plaintiff filed a complaint in federal court against Harra relating to that business dispute; less than two weeks...