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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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 ...