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