Excerpt: ...t for: (1) breach of written contract; (2) negligence; (3) negligent infliction of emotional distress; (4) intentional infliction of emotional distress; (5) breach of duty of disclosure; (6) fraudulent concealment; (7) constructive eviction; (8) unjust enrichment; and (9) breach of the implied warranty of habitability. The action pertains to defendant's alleged failure, as landlords, to maintain a safe and habitable premises and to remedy substan...

Excerpt: ...sel have previously litigated numerous Lemon Law cases, and have previously negotiated protective orders. Plaintiff has not opposed this motion. Therefore, the Court can only assume that plaintiff does not oppose the motion. In that case, the Court wonders why plaintiff did not simply agree to the proposed protective order. Such professional cooperation would have saved defense several thousand dollars in attorney's fees and would have saved the ...

Excerpt: ... action. Plaintiffs have withdrawn their second cause of action. BACKGROUND: Plaintiffs commenced this action on 04/24/17. On 10/30/17, plaintiffs filed their First Amended Complaint against defendants for: (1) conversion; (2) breach of constructive trust; (3) negligence (against Wells Fargo); (4) negligence (against Fidelity National Title Company, Caliber Home Loans, Keller Williams Realty, Inc. and DTLA Real Estate, Inc.; (5) negligence (again...

Excerpt: ...ndants for: (1) failure to pay wages; (2) failure to pay minimum wage; (3) failure to pay overtime compensation; (4) failure to provide rest period breaks; (5) failure to pay split shift premium; (6) failure to provide itemized wage statements; (7) failure to provide employment records; (8) violation of Business and Professions Code § 17200; (9) failure to pay termination pay; and (10) conversion. ANALYSIS: Defendant moves to compel plaintiff to...

Excerpt: ... meal periods; (3) failure to provide rest periods; (4) waiting time penalties; (5) failure to provide accurate itemized wage statements; (6) unfair business practices. ANALYSIS: An attorney 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 ...

Excerpt: ...uiet title; (4) breach of contract and breach of fiduciary duty; (5) fraud; and (6) violation of Business 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 equit...

Excerpt: ...ice of Settlement was filed on 8/4/17 and the Court dismissed the case on 10/10/17. ANALYSIS: Defendant moves to strike plaintiff's memorandum of costs on the ground that it is untimely. In the alternative, defendant moves pursuant to Code of Civil Procedure section 1033.5 to tax items 4, 8, 12, and 13 from plaintiff's memorandum of costs. Timeliness After judgment is entered, the prevailing party “who claims costs must serve and file a memoran...

Excerpt: ...ndants for: (1) failure to pay wages; (2) failure to pay minimum wage; (3) failure to pay overtime compensation; (4) failure to provide rest period breaks; (5) failure to pay split shift premium; (6) failure to provide itemized wage statements; (7) failure to provide employment records; (8) violation of Business and Professions Code § 17200; (9) failure to pay termination pay; and (10) conversion. ANALYSIS: Defendant moves to compel plaintiff to...

Excerpt: ...16 against defendants for: (1) breach of written contract; (2) intentional interference with prospective economic advantage; (3) negligent interference with prospective economic advantage; (4) intentional misrepresentation; and (5) quantum meruit. After a Court Trial on 09/20/17, the Court entered judgment in favor of plaintiff in the amount of $304,000.00 (See Judgment of 10/24/17.) The Judgment provides that plaintiff may recover attorney fees ...

Excerpt: ...efendants for: (1) conversion; (2) breach of constructive trust; (3) negligence (against Wells Fargo); (4) negligence (against Fidelity National Title Company, Caliber Home Loans, Keller Williams Realty, Inc. and DTLA Real Estate, Inc.; (5) negligence (against Bank of America); (6) conversion; and (7) fraud. ANALYSIS: Effective 1/1/16, Code of Civil Procedure section 430.41 provides, in relevant part: (a) Before filing a demurrer pursuant to this...

Excerpt: ...(3) open book account; and (4) goods sold and delivered. Defendant filed a cross-complaint 05/09/16 and then filed a first amended cross-complaint on 08/10/16 against plaintiff for: (1) breach of contract; and (2) breach of the covenant of good faith and fair dealing. ANALYSIS: An attorney 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 ...

Excerpt: ...to act as the prime contractor on a construction project. Plaintiff alleges that defendant has failed to pay plaintiff for its services rendered under the contract. PRELIMINARY COMMENTS: This is the second attempt by plaintiff to have the Court stay these proceedings and order arbitration. On October 11, 2017 – the same day it filed this lawsuit – plaintiff filed an application to stay the proceedings. In violation of the California Rules of ...

Excerpt: ...l act[] of the legislative, executive, and judicial department” of the State. (Evid. Code § 452, subd. (d).) However, the document submitted by plaintiffs is irrelevant to the instant action. In fact, it is not even referred to in Plaintiff's Memorandum of Points and Authorities. The Court can only conclude that it was submitted purely for its prejudicial value, and would caution defense counsel about the submission of irrelevant materials in ...

Excerpt: ...On 08/11/17, plaintiff filed a notice of related cases. On 10/12/17, this Court concluded that the instant action is related to two others: Boswell Construction Inc. v. Condren(BC666058) and Calportland Company dba Catalina Pacific Concrete v. Condren(17STLC02569). Default was entered in the instant action against defendant Colin Condren on 10/12/17. ANALYSIS: Defendant moves the Court to set aside the default entered against him on 10/12/17 purs...

Excerpt: ...tured by defendants and that the vehicle was defective. The parties reached a settlement and the Court dismissed the cases pursuant to Code of Civil Procedures section 664.6 on 10/30/17. ANALYSIS: Plaintiff moves for an order awarding them their attorney's fees in the amount of $86,182.50 and costs in the amount of $5,303.83. Attorney Fees Costs and expenses, including attorney's fees, may be recovered by a prevailing buyer under the Song-Beverly...

Excerpt: ...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 divulged confidential information of Tatsu to competitors as part of a secret consulting business. Defendant Tatsunori Yanagi filed a Cross-Complaint against Tom Nadeau and Tatsu Ramen, LLC on 8/18/17 for: (1) breach of contract; (2) unpaid wage...

Excerpt: ...inst defendants for: (1) breach of contract; (2) breach of the covenant of good faith and fair dealing; (3) wrongful termination; (4) violation of the California Constitution; (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. ANALYSIS: Demurre...

Excerpt: ...ssor-in-interest to Joan Marie Johnson, a former member of a musical group called the Dixie Cups and a co-writer of the song “Iko Iko.” In 1984, plaintiff contracted with Johnson to provide assistance in pursuing and recovering royalties due to her for the song. Plaintiff performed under the agreement and secured payment of royalties, of which plaintiff was to collect a 50% contingency fee share. In a separate agreement — the “Windswept A...

Excerpt: ... and (6) violation of Business 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 d...

Excerpt: ...fendant disputes that he is responsible for the debt. ANALYSIS: As an initial matter, the Court notes that although plaintiff moves for summary adjudication of individual causes of action, plaintiff's motion and separate statement are not procedurally proper. "If summary adjudication is sought, whether separately or as an alternative to the motion for summary judgment, the specific cause of action, affirmative defense, claims for damages, or issu...

Excerpt: ... this action on 2/25/16. Plaintiffs filed a fourth amended complaint (“4AC”) on 8/31/17 against defendants for: (1) violation of professional standards; (2) fraud; (3) conspiracy to commit fraud; (4) securities fraud; (5) negligence; and (6) securities fraud. In August 2007 defendant Brett Moody, acting on behalf of Moody S, purchased a hotel in New Jersey. (4AC ¶ 31.) Moody established a series of LLCs for which it held shares of interests ...

Excerpt: ...tiff's ex parte motion to file exhibits provisionally under seal and advised plaintiff that he would need to file a noticed motion in order to obtain an order permanently sealing the exhibits. ANALYSIS: Plaintiff seeks to seal Exhibits A, B, and E. Exhibits A and B consist of medical records identifying plaintiff's diagnosis and detailing why he was placed on medical leave in late 2015. Exhibit E is a letter from the County denying Petitioner's a...

Excerpt: ...t on 7/12/14. Plaintiff alleges that it has been damaged in the sum of $28,946.27. Default judgment was entered on 7/19/17 as to “Vncent DeVille.” On 10/24/17, the Court concluded that although no default or judgment had been entered as to Vincent Deville, it was clear that defendant had always been aware that he had been erroneously sued as “Vncent DeVille.” The Court therefore decided to correct the previous default and judgment. ANALYS...

Excerpt: ...iling was a result of mistake, inadvertence, surprise, or excusable neglect. Counsel declares that she mistakenly believed that this motion was scheduled to be heard on 1/24/18, which is when a demurrer in the same case is scheduled to be heard. (Savarese Decl. ¶ 2.) The Court concludes that counsel's mistake is excusable and that the prompt submission of the opposition to both the Court and to opposing counsel will not result in substantial pre...

Excerpt: ...pposition to Wells Fargo's motion to compel initial to its special interrogatories (set one).” (Opposition, p.2:1-3.) Not surprisingly, therefore, the Court's ruling today is “substantially identical” to its ruling on the previous discovery motion, heard on December 20, 2017. The Court is also somewhat surprised that, given the similarity between these two sets of motions, the parties would not have been able to resolve this issue after the...