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...

Excerpt: ..., to lift the stay of proceed ings and return the matter to court. Under Cal. Code of Civ. Proc. §1284.3(b)(1), “[a]ll fees and costs charged to or assessed upon a consumer party by a private arbitration company in a consumer arbitration, exclusive of arbitrator fees, shall be waived for an indigent consumer.” Plaintiff cites Cinel v. Barna (2012) 206 Cal.App.4th 1382, arguing the case states an indigent party's arbitration fees are waived, ...

Excerpt: ..., under which units in Doe's building would be converted from rentals to condominiums. Olson would purchase units, and Doe would choose one unit as her residence . Doe regularly used her condo for short term rentals through Airbnb, which she claims was permitted under her agreement with Olson. Doe alleges Olson and his friends harassed her, spreading defamatory rumors, spying on her, recording her without consent, tampering with her unit, intimid...

Excerpt: ...ancial discovery regarding Popeye and Weiss, supported by testimony given at the depositions of plaintiff, defendant and plaintiff's partner witness Markelian. Trial is scheduled for April 15, 2024, having been set on June 13, 2023. Civil Code 3295(c) states “No pretrial discovery by the plaintiff shall be permitted … unless the court enters an order permitting such discovery… However, the plaintiff may subpoena documents or witnesses to be...

Excerpt: ...'s personal property valued at over $100,000. Defendant moves to strike plaintiff's request for punitive damages on the grounds that the allegations supporting the request are impermissibly vague and do not state sufficient facts to support the claim. Punitive damages are allowable only when plaintiff proves defendant has been guilty of oppression, fraud or malice. Cal. Civ. Code §3294(a). Facts giving rise to a claim for punitive damages must b...

Excerpt: ...the written a greement was orally modified in 2015, with UB to receive a monthly $300 fee. UB alleges 20% of net profits from the property's rental income would be calculated at the end of each year, with UB receiving the difference between that percentage and the $3,600 received in monthly payments. Defendants dispute the terms of the 2015 agreement, arguing UB is entitled only to a monthly $300 fee, not 20% of each year's net rent profits. UB a...

Excerpt: ...and mat erials. In 2005 the Wolfs signed a promissory note for $500,000 in favor of Jerry and Orit Kohen, secured by a deed of trust on the Wolfs' home. Between 2005 and 2015, Yaakov Wolf made payments toward satisfaction of the purported debt. In 2016, the Kohens assigned the note and deed of trust to defendant Haroni. The Kohens argue the Wolfs repeatedly drew on a line of credit created by the promissory note; the Wolfs argue Eisenberg drew on...

Excerpt: ...Cohens disagree that a settlement agreement was ever formed, as party Elaine Cohen failed to sign. Cross -defendants Paul and Elaine Cohen demur to the third cause of action for breach of a settlement agreement and seventh cause of action for estoppel. They also move to strike portions of the cross -complaint. The Kaplans request sanctions against Paul Cohen and his former counsel Bloch for falsely representing that Elaine Cohen signed the settle...

Excerpt: ...trike the complaint under the anti -SLAPP statute. Evidentiary Objections: OVERRULED. Courts resolving an anti -SLAPP motion under Cal. Civ. Code §425.16 follow a two- step process. Jarrow Formulas, Inc. v. LaMarche (2003) 31 Cal.4th 728, 733. In prong one, the court determines whether the conduct underlying plaintiff's cause of action arises from defendant's constitutional rights of free speech or petition. Baral v. Schnitt (2016) 1 Cal. 5th 37...

Excerpt: ...raud, elder abuse, intentional infliction of emotional distress and negligent infliction of emotional distress. Defendant Wells Fargo demurs. Common Law Claims/UCC Division 11 of the California Uniform Commercial Code displaces common law claims where provisions of the article cover the “circumstances giving rise to the common law claims[.]” Zengen v. Comercia Bank (2007) 241 Cal.4 th 239, 251-253. Successive sections of Division 11 address t...

Excerpt: ...ants and/or is an alter ego of defendant Blaine Labs. On November 2, 2023 the court sustained Cabo's demurrer to the first amended complaint due to failure to adequately allege conspiracy or alter ego liability. He now demurs to the third amended complaint (TAC), arguing plaintiffs still have not adequately a lleged conspiracy or alter ego liability. Conspiracy allegations against Cabo have not been amended since the FAC. This is a tacit admissio...

Excerpt: ... declare Visconti a vexatious litigant and for an order requiring Visconti to post a security bond or dismiss her cross-complaint. Plaintiff provides a proof of service on Visconti, who is currently incarcerated, and Murphy, who was served on January 25, 2024, via US mail and electronic service. A trial court may order a party, the party's attorney or both to pay the reasonable expenses, including attorney's fees, incurred by another party as a r...

Excerpt: ...endant of the basis on which the plaintiff is seeking relief.” E.g. Perkins v. Superior Court (1981) 117 Cal.App.3d 1, 6. Uncertainty All causes of action in the FAC are alleged with a similar formula. All preceding paragraphs are re-alleged and incorporated. Then Doe states in a conclusory fashion that defendant engaged in conduct constituting the elements of the claim. This is insuffic ient to overcome demurrer. The court cannot determine whe...

Excerpt: ...ailable as construction expenses were incurred. Sunset was required to incur expenses out -of -pocket, which would then be reimbursed. Sunset states it could obtain reimbursement by requesting a draw, which would result in Lionscove sending an inspector to the property to determine how much of the construction fund should be disbursed. Sunset argues Lionscove acted in bad faith, stalling reimbursements, delaying inspections, and disbursing smalle...

Excerpt: ...project to remain unfinished and go substantially over budget. Defendants Bohrer and BCI demur. Breach of Contract (First CoA)/Disgorgement (Seventh CoA) On demurrer, facts contained in an exhibit attached to a complaint take precedence over and supersede any inconsistent or contrary allegations in the pleading. Jibilian v. Franchise Tax Bd. (2006) 136 Cal.App.4th 862, 864. BCI argues it is not a contracting party; the agreement attached to the c...

Excerpt: ...videntiary Objections: Martin's objections OVERRULED. Under the “Sidewalk Accident Decision Doctrine,” a landowner's duty to repair and maintain an adjoining sidewalk is not owed to persons who use the sidewalk, unless the landowner causes the sidewalk's dangerous condition. Alpert v. Villa Romano Homeowners Assoc. (2000) 81 Cal.App.4th 1320, fn. 11. A property owner can be liable for “suffering the roots of his tree to cause, with his know...

Excerpt: ... Olson, under which units in Doe's building would be converted from rentals to condominiums. Olson would purchase units, and Doe would choose one unit as her residence. Doe regularly used her condo for short term rentals through Airbnb, which she claims was permitted under her agreement with Olson. Doe alleges Olson and his friends harassed her, spreading defamatory rumors, spying on her, recording her without consent, tampering with her unit, in...

Excerpt: ...W and Kids both move for summary judgment/adjudication. Kids Artistic Sense MSJ Kids moves for summary judgment on the grounds that the notice to pay rent or quit is defective. It argues the notice failed to accurately state “the usual days and hours” Singleton would be available to receive rent payment. “A landlord must serve a tenan t with a valid three-day notice in order to prevail in an unlawful detainer action.” Bawa v. Terhune (201...

Excerpt: .... dba W.I. Simonson, Watkins, Bland and Vides move for judgment on the pleadings. Validity of Motion As a threshold matter, plaintiff argues the motion is void because it targets the complaint, which was superseded by the first amended complaint. The motion explicitly the “operative First Amended Complaint,” so targets the correct pleading. Conversion The elements of a cause of action for conversion are (1) plaintiff's ownership or right to p...

Excerpt: ...inetti Wang & Team LLP (ASWT) and Janet Janet & Suggs (JJS). After the underlying case settled, Pourat alleges Doe and the defendants failed to pay his fees. ASWT and managing partner Arias demur, stating they were not party to any fee sharing agreement with Pourat and are required by ethics rules to hold the disputed fees in trust until Pourat's fee dispute with Doe is resolved. Service and Filing of Demurrer Pourat argues the demurrer should be...

Excerpt: ...e covered under two separate policies. The guest house was insured under a policy issued by defendant California Fair Plan Association, which plaintiffs allege wrongfully denied the claim. Fair Plan demurs. One-Year Suit Provision Fair Plan argues the claims are time barred, as the policy states “[n]o action can be brought unless the policy provisions have been complied with and the action is started within one year after the date of loss.” F...

Excerpt: ...ent Permit and the ten -foot setback requirement at the property boundary and interferes with Howarth's quiet enjoyment of his property. Finally, Howarth alleges Mardirossian failed to construct a solid masonry wall to mitigate noise from the tenn is court as required by the Coastal Development Permit. Mardirossian moves for summary judgment and/or adjudication. Evidentiary Objections Howarth Objections 1- 3 SUSTAINED (improper legal opinion); ob...

Excerpt: ...d on appeal. In this action, Yazdi sues patient Robles and dentists Baum and Mizrahi. Yazdi alleges Baum testified falsely at arbitration, and subsequent dental treatment by defendants Baum and Mizrahi caused or exacerbated Robles' injuries. On November 8, 2023 the court denied Baum's anti -SLAPP motion to the initial complaint and sustained his demurrer with leave to amend. Defendant Robles now files an anti -SLAPP motion and demurs, as do defen...

Excerpt: ...nding defendants waived their right to arbitrate due to unreasonable delay and substantial invocation of the litigation machinery. Defendants appealed, filing a notice of automatic stay pending appeal on December 11, 2023. Plaintiffs move for an order seeking to clarify that, pursuant to new legislation, no stay is in effect. Cal. Code of Civ. Proc. §1294, which effect January 1, 2024, states perfecting an appeal from an order denying a motion t...

Excerpt: ...has filed numerous small claims actions against Blue Shield, arguing it was underpaid for emergency services provided to Blue Shield members. Blue Shield seeks a court declaration stating its payment methodology is valid, resulting in payments to AOC equal to or exceeding fair market value, that AOC is not entitled to its full billed charges for services to Medicare members and Blue Shield is entitled to reimbursement for overpaid claims. Defenda...

Excerpt: ...d (2) what is the basis for Houck's claim to fees/costs. Cal. Code of Civ. Proc. §1032 provides the prevailing party entitled to recover costs. A prevailing party includes “the party with a net monetary recovery.” Cal. Code of Civ. Proc. §1032(a)(4). If no party prevailed according to the statute, the court “may allow costs or not and, if allowed, may apportion costs between the parties.” Id. In its judgment the court awarded Houck a pr...