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: ...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: ...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: ...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: ...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: ...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: ...riminal conspiracy to arrest him for crimes that he did not commit and listed 20 causes of action without further allegations. The Court sustained defendant's demurrer and granted leave for plaintiff to file a First Amended Complaint. Plaintiff filed his first amended complaint on 11/13/17. Plaintiff subsequently filed three additional documents, all entitled “First Amended Complaint,” on 11/17/17, 11/20/17, and 12/01/17. ANALYSIS: Demurrer D...

Excerpt: ...laratory relief. Plaintiff alleges that on 3/3/08 it had a written contract of insurance with defendant which provided for insurance of plaintiff's business, including for indemnity and defense of claims against plaintiff. (Compl., ¶ 8.) The policy coverage period was from 3/3/08 through 3/3/09. (Ibid.) In 2014, claims were filed against plaintiff that were insurable and covered claims under the insurance contract which related to alleged conduc...

Excerpt: ...riminal conspiracy to arrest him for crimes that he did not commit and listed 20 causes of action without further allegations. The Court sustained defendant's demurrer and granted leave for plaintiff to file a First Amended Complaint. Plaintiff filed his first amended complaint on 11/13/17. Plaintiff subsequently filed three additional documents, all entitled “First Amended Complaint,” on 11/17/17, 11/20/17, and 12/01/17. ANALYSIS: Demurrer D...

Excerpt: ... her son, decedent Olivia Ortiz-Garcia began to experience symptoms consistent with a stroke. (FAC ¶¶ 16–18.) Olivia received surgical treatment but nevertheless fell into a coma and passed away over a year later. (Id. at ¶¶ 19–22.) Amongst the defendants in this action are the doctors, nurses, and other medical professionals who allegedly failed to provide Olivia with adequate, life-saving treatment. Moving defendant, Homa Karimi, M.D. w...

Excerpt: ...nt based on marital status; (6) retaliation; (7) failure to prevent discrimination, harassment, and retaliation; (8) breach of express oral contract not to terminate employment without good cause; (9) breach of implied-in-fact contract not to terminate employment without good cause; (10) wrongful termination of employment in violation of public policy; (11) violation of labor code § 1102.5; and (12) intentional infliction of emotional distress. ...

Excerpt: ...assment based on sex; and (4) failure to prevent discrimination and harassment. On 10/6/17, a jury found in favor of Plaintiff on her causes of action for retaliation and failure to prevent discrimination and harassment against the County of Los Angeles and awarded $62,127.20. The Court awarded plaintiff attorney's fees in the amount of $687,000.00 on 12/07/17. ANALYSIS: Defendant moves to tax plaintiff's request for deposition costs and “other...

Excerpt: ... requests for admission is GRANTED in part and DENIED in part. Defendant is order to provide code-compliant responses to requests for admission 1–3 and 21. The Court imposes sanctions against defendant in the amount of $3,120.00 BACKGROUND: Plaintiff commenced this action on 9/10/12 against defendant for retaliation (FEHA). On 4/7/14, the Court granted defendant's motion for summary judgment. Judgment was entered on 4/22/14. Plaintiff thereafte...

Excerpt: ...inst defendants for: (1) negligence; (2) injuries to employee within the scope of employment; (3) negligent supervision; (4) negligent hiring/retention; (5) IIED; (6) sexual battery; (7) battery; (8) assault; (9) sexual harassment; (10) gender violence; (11) false imprisonment; (12) negligent sexual abuse; and (13) Civil Code section 51.7. Plaintiff was a student at a college within defendant LACCD's district and alleges that she was sexually ass...

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...