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