Excerpt: ...rimination (FEHA); (2) hostile work environment (FEHA); (3) retaliation (FEHA); (4) failure to prevent discrimination, harassment and retaliation (FEHA); (5) retaliation (Labor Code §1102.5); (6) retaliation (Labor Code §98.6); (7) retaliation (Labor Code §6310; (8) wrongful termination; (9) sexual battery; (10) gender violence; (11) negligent supervision and retention; and (12) intentional infliction of emotion distress. Plaintiff was employe...

Excerpt: ...e by's International. On July 5, 2023 the parties represented to the court that a settlement agreement had been signed. On December 20, 2023 this court denied Kaplan's motion to enforce settlement on the grounds that Elaine Cohen had not signed the agreement. Kaplan filed a Third Amended Cross -Complaint (TACC) on January 26, 2024, adding claims for breach of settlement agre ement, negligent misrepresentation and fraud against the Cohens and thei...

Excerpt: ... . . . to apprise the defendant of the basis on which the plaintiff is seeking relief.” E.g., Perkins v. Superior Court (1981) 117 Cal.App.3d 1, 6. The SAC fails to address the deficiencies the court identified in the FAC. All causes of action in the SAC are alleged with a similar formula as the FAC. All preceding paragraphs are re- alleged, and plaintiff states defendant engaged in conduct constituting the elements of the claim. This is insuff...

Excerpt: ... to strike punitive damages. The court sustained a demurrer on 12/15/23. The FAC includes new allegations that an arborist opined the vine is injurious to health, and a structural engineering firm opined the hot water eruption caused structural damage to Hill's home. FAC ¶¶ 36 -37. Per Cal. Civ. Code §841(b)(2), “[a]djoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them[,]” a...

Excerpt: ... and punitive damages to allow for supplemental briefings. Special Damages (Emotional Damages) Generally, absent physical injury, a cause of action for negligence based on property damage cannot give rise to an award of special damages for emotional distress. Lili Butler-Rupp, et al. v. Lourdeaux (2005) 134 Cal.App.4th 1220, 1228. Emotional distress damages are available when a plaintiff alleges trespass to chattels based on intentional injury to...

Excerpt: ... Plaintiff for failure to comply with the Court's prior discovery order. On November 20, 2023, Visconti filed a motion to set aside the orde r of June 1, 2023 on the ground that the order is void because the court lacked jurisdiction to consider Pinto's motion to expunge lis pendens, and she never had notice of the hearing. On January 3, 2024, Visconti filed a motion to set aside the order of December 4, 2023 on the ground that the order is void ...

Excerpt: ... the interest of efficiency and justice. Every court has the “inherent power, in its discretion, to stay proceedings when such a stay will accommodate the ends of justice.” See St. Paul Fire and Marine Ins. Co. v. AmerisourceBergen Corp. (2022) 80 Cal.App.5th 1, 6- 7. Courts are empowered to “provide for the orderly conduct of proceedings before it.” C.C.P. §128(a)(3); see C.C.P. §187 [conferring on courts and judicial officers “all t...

Excerpt: ...Defendants”) filed a demurrer to the FAC. As of April 23, 2024, no opposition has been filed. Tenser filed a motion for leave to amend and file a Second Amended Complaint, which is set to be heard on the same day as this motion, on April 25, 2024. Request for Judicial Notice The County Defendants request judicial notice of the fact that Los Angeles County District Attorney George Gascón took office on December 7, 2020, and of several filings a...

Excerpt: ...tion was filed. Negligence To state a claim for negligence, a party must allege (1) duty, (2) breach, and (3) causation. CACI 400, see, e.g. McIntyre v. Colonies- Pacific, LLC (2014) 228 Cal.App.4th 664, 671. For purposes of negligence liability, a landlord has a duty to take reasonable precautions to protect patrons from highly foreseeable third -party crimes. Ann M. v. Pacific Plaza Shopping Center (1993) 6 Cal.4th 666, 679. Foreseeability can ...

Excerpt: ...ent under Evidence Code 452(d). The court does admit the document for its truth. Negligence To state a claim for negligence, one must allege (1) duty, (2) breach, and (3) injuries. See, e.g., CACI 400; McIntyre v. Colonies -Pacific, LLC (2014) 228 Cal.App.4th 664, 671. Lyft asserts plaintiff does not sufficiently allege duty because plaintiff was neither a user of the Lyft platform nor a passenger. The complaint alleges Lyft owed a duty to act be...

Excerpt: ...Health Care claims and medical supplement claims; and (3) money had and received. Blue Shield paid AOC for emergency medical services provided to its plan members. The FAC alleges AOC was paid reasonable market value and/or certain claims were properly denied in whole or in part in accord with applicable law, relevant plan terms and industry/regulatory standards. AOC moves for an order staying this proceeding in light of the pendency of proceedin...

Excerpt: ... not opposed. The defendant served this motion by mail and email on March 21, 2024 (03/21/24 proof of service). Defendant's request for judicial notice of the complaint filed January 22, 2024 and Exh. A thereto is GRANTED, as it is a court document under Evidence Code 452(d). The court does admit the documents for their truth. Code of Civil Procedure section 410.30 states: “(a) When a court upon motion of a party of its own motion finds that in...

Excerpt: ...rocess filed by Plaintiff on November 02, 2020 is – GRANTED as it is a document of the court covered under Evidence Code 452(d). A court may set aside a default or default judgment when service of summons has not provided a party with actual notice. Code of Civil Procedure § 473.5 states: “(a) When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered...

Excerpt: ... excusable neglect. A government tort claim must be presented within six months after accrual of the cause of action. Gov. Code §911.2. A plaintiff who fails to timely file a claim may seek relief for leave to present a late claim which must be presented within one year after accrual of the cause of action. Gov. Code §911.4(b). “If the public entity denies an application for leave to file a late claim, the claimant must obtain a court order f...

Excerpt: ...tice. Defendant argues that because judgment was entered in her favor in that case, plaintiff had no lawful reason to refuse defendant's proffered partial rent payment. That argument is not proper on a motion for new trial, as it could have been raised prior to trial, and was not mentioned in the trial of this matter. The agreed -upon jury instruction CACI 4327 was given. “A notice of intention to move for a new trial is deemed to be a motion f...

Excerpt: ... she does not pay the outstanding increased amount demanded. On February 29, 2024 the court granted Lady J's ex parte application for temporary restraining order to stay the auction of the inventory. A hearing for the preliminary injunction was set for April 3, 2024. See 2/28/24 Minute Order. On April 3, 2024 the court continued the hearing because defendant's papers were not served and allowed additional time. No opposition was filed. “[A] cou...

Excerpt: ...mended complaint alleges defamation, invasion of privacy and fraud against Townsend. On March 4, 2024, Townsend filed a special motion to strike (anti -SLAPP) which is set for hearing on June 6, 2024. On March 11, plaintiff filed the instant motion “to strike” Townsend's motion to strike. Townsend filed her opposition on April 3, 2024. As of April 16, 2024, no reply has been filed. Plaintiff purports to make this motion to strike Townsend's m...

Excerpt: ...declaratory and injunctive relief. Defendant cross -complains f or (1) declaratory relief; (2) quiet title; (3) negligence; (4) private nuisance; (5) trespass; and (6) negligent trespass. Defendant seeks an order permitting a property inspection during trial, pursuant to Code of Civil Procedure section 651; see, e.g., People v. Fudge (1994) 7 Cal.4th 1075, 1104. The properties are located in a hillside area of Beverly Hills, 13 miles from the cou...

Excerpt: ...A)(3) as against VGA 4. Breach of Implied Warranty of Merchantability (Violation of CIV §§ 1791.1; 1794; and 1795.5) as against VGA 5. Violation of the Magnuson- Moss Warranty Act as against VGA 6. Negligent Repair as against AVN The first four causes of action stem from alleged violations of the Song -Beverly Act (SBA). Defendants move for summary judgment or in the alternative summary adjudication on all claims. On March 29, 2022, Plaintiff p...

Excerpt: ...the Barrington Plaza apartments in which numerous plaintiffs were injured and/or lost property and the Bru plaintiffs' decedent perished. Defendant Universal Protection Service (UPS) moves for summary judgment or, in the alternative, summary adjudication of plaintiffs' claims in 22STCV03442 and related cases 22STCV03650, 22STCV03445, and 22STCV24322, arguing that even though it had a contrac tual duty to perform services for Douglas Emmett Manage...

Excerpt: ...d and to the second cause of action on the ground that plaintiff Association lacks legal capacity to sue for declaratory relief. Defendants argue the first cause of action for breach of declaration of restrictions is subject to demurrer because the restriction on building a home pursuant to Paragraph 6 of the 1950 CC&Rs expired January 1, 1976. See Demurrer at pg. 7; FAC at ¶18, Exh. 1 at ¶ 6. They note the FAC alleges no other breach, and the ...

Excerpt: ...ises liability; and (3) negligence supervision. All defendants demur and move to strike requested attorneys' fees. Defendants' Demurrer “A¿demurrer¿tests the legal sufficiency of the factual allegations in a complaint.” Ivanoff v. Bank of America, N.A. ¿(2017) 9 Cal.App.5th 719, 725. The Court looks to whether “the complaint alleges facts sufficient to state a cause of action or discloses a complete defense.” Id. The Court “assume[s]...

Excerpt: ...air business practices in her 147 -page complaint. It is unclear from the FAC specifically what allegations are being made and what specific damages are being sought. Plaintiff attached photographs of patient file s and attic space, as well as text messages, 30 pages in total, to the FAC. Via the original complaint, filed 3/10/23, plaintiff sought $170 for unreimbursed parking/cell phone charges. She sought $100 in alleged unpaid wages, $62 for f...

Excerpt: ...nce makes a motion to dismiss/motion for judgment on the pleadings, and the court will treat it as such. Under the JCEO, “[a] copy of any written notice terminating a tenancy shall be filed with the Department within three business days of service on the tenant.” LAMC §165.05B(5), emphasis added. Failure to comply with this provision – or any provision of JCEO — may be raised as an affirmative defense by the tenant. LAMC §165.07. Emeral...

Excerpt: ...cting in her capacity as a real estate agent workin g for defendants Arbid and Power Brokers, Inc. Defendants Power Brokers International, Beverly Hills Fine Homes and Arbid (collectively “PBI”) demur, as do defendants Rexford Flats, Rexford 52 and Mehrdad (collectively “Rexford”). Rexford also moves to strike special and punitive damages. Defendants PBI Demurrer Negligence The elements of a cause of action for negligence are (1) duty, (2...