Excerpt: ...aling' (3) false promise; (4) quantum meruit; (5) injust enrichment; and (6) declaratory relief. Rueda is the plaintiff in an action (case no. BC611486) (“Underlying Action”) in which he seeks adjudication of his claim to a finder's fee arising out of the May 2, 2015 boxing match between Floyd Mayweather and Manny Pacquiao. In the Underlying Action, Rueda alleges that he introduced CBS Network President, Leslie Moonves, and Pacquiao's trainer...

Excerpt: ...or-vehicle accident (“Underlying Action”). Plaintiff alleges that the operating retainer agreement provided that in the event Plaintiff was discharged prior to obtaining a judgment, Plaintiff would be entitled to a certain percentage of the recovery. The retainer agreement was signed on September 7, 2010, Plaintiff was discharged on April 20, 2012, and the Underlying Action was settled in October 2013. Plaintiff's original Complaint filed Mar...

Excerpt: ...vanni Orantes and The Orantes Law Firm (“Orantes”) arising out of their representation of Hsu in a bankruptcy matter. Jenny alleges that Orantes' negligence caused her to lose over $3 million in equity in her real property. In BC668841 asserts a legal malpractice claim against Orantes arising out of their representation of Jenny as a plaintiff in a civil action. The civil action dealt with a foreclosure sale and a loan modification applicatio...

Excerpt: ...) and Sean Anderson (“Anderson”),a store employee, for (1) negligence; (2) negligent hiring/retention/supervision/training; (3) assault; and (4) battery. DISCUSSION Plaintiff moves to quash the subpoena served by Walgreens on T-Mobile USA, Inc. The subpoena seeks the cellular phone records of Plaintiff and non-party Simeon Molina. In opposition, Walgreens explains that the incident at the center of the FAC occurred when Plaintiff attempted to...

Excerpt: ...initi G35 (“Infiniti Vehicle”). Ramirez alleges that the Infiniti Vehicle's safety features failed to engage during the accident. Ramirez asserts claims against the Infiniti Vehicle's manufacturer (“Nissan”), and the driver of the other vehicle in the accident. BC660808 is brought by Plaintiffs Concepcian C. Torres (“Torres”), Isabel Gutierrez (“Gutierrez”), and Lynerry Henning (“Henning”) (collectively, “Torres, et al.”)....

Excerpt: ... OF MATTERS SPECIFIED IN REQUESTS FOR ADMISSIONS SET ONE, ADMITTED AND CONCLUSIVELY ESTABLISHED When timely responses to interrogatories are not received, “[t]he party propounding the interrogatories may move for an order compelling response to the interrogatories.” (CCP § 2030.290(b).) “If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it. . . [t]he party to whom the ...

Excerpt: ...(“Plaintiff”) moves to compel Defendant World Private Security, Inc. (“Defendant”) to provide further responses to requests for production of documents, set one, and special interrogatories, set one. The moving party on a motion to compel further responses to requests for production (“RFPs”) must submit “specific factsshowing good cause justifying the discovery sought by the i nspection demand.” (CCP § 2031.310(b)(1).) If the mov...

Excerpt: ...aling' (3) false promise; (4) quantum meruit; (5) injust enrichment; and (6) declaratory relief. Rueda is the plaintiff in an action (case no. BC611486) (“Underlying Action”) in which he seeks adjudication of his claim to a finder's fee arising out of the May 2, 2015 boxing match between Floyd Mayweather and Manny Pacquiao. In the Underlying Action, Rueda alleges that he introduced CBS Network President, Leslie Moonves, and Pacquiao's trainer...

Excerpt: ... referred to as (“Defendants”), on December 4, 2017. Plaintiff alleges she entered into an agreement with Defendants to provide legal representation for the clients of LA CITY LAW in exchange for compensation. Plaintiff alleges the each of the Defendants was the agent, servant, employee, and/or co-conspirator of the other. The causes of action alleged are (1) Breach of Oral Contract; (2) Common Counts: Open Book Account, Account Stated, Servi...

Excerpt: ...a National Mortgage In The Loan At Issue (“Defendant”) brings this demurrer to Plaintiff Theresa Jones' (“Plaintiff”) complaint. Defendant demurs on the grounds that Plaintiff fails to allege tender, Plaintiff's claims are barred by the statute of limitations, and Plaintiff cannot allege damages. Defendant's demurrer is well-taken. This is an action for quiet title. Plaintiff alleges that the Deed of Trust securing the loan on her propert...

Excerpt: ...N RESPONSE TO CROSS-DEFENDANT MODERN ROOFING, INC.'S REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS, SET NO. ONE. Cross-Defendant/Cross-Complainant Modern Roofing, Inc. (“Modern”) moves to compel Plaintiffs Steven and Danielle Avdul (“Plaintiffs”) to provide further responses to form interrogatories (“FI”) and requests for production of documents (“RFP”). The responding party has the burden of justifying the objections to the form...

Excerpt: ...an employee of Defendant County of Los Angeles (“County”), while performing community service for Defendant Assistance League of Los Angeles (“Assistance League”). Plaintiff alleges that Defendants were aware of Edgar's prior sexual misconduct and exploitation of volunteers, but failed to take action to prevent further abuses. Plaintiff asserts causes of action for (1) 42 U.S.C. § 1983; (2) assault and battery; (3) negligence; (4) neglig...

Excerpt: ...ty features failed to engage during the accident. Plaintiff asserts claims against the Subject vehicle's manufacturers (“Nissan”), and the driver of the other vehicle in the accident. DISCUSSION “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders con...

Excerpt: ...proval of the court in which the action or proceeding is pending.” A petition for court approval of a compromise must be verified by the petitioner and must contain a full disclosure of all information that has any bearing upon the reasonableness of the compromise or covenant. (CRC Rule 7.950.) This petition is brought by Petitioner Juli Keene (“Petitioner”) on behalf of Claimant Emerald Padgett (“Claimant”). As set forth in the petitio...

Excerpt: ...ORM INTERROGATORIES (EMPLOYMENT), SET ONE (4) MOTION TO COMPEL FURTHER RESPONSES TO PLAINTIFF'S FIRST SET OF SPECIAL INTERROGATORIES, SET ONE Plaintiff Joseph Smith (“Plaintiff”) moves to compel Defendant AMR Staffing, Inc. (“Defendant”) to provide further responses to requests for production of documents, form interrogatories (general and employment), and special interrogatories. As set forth in the motions, Defendant's response to the a...

Excerpt: ... website that was disparaging to Plaintiff and her business, Mazgani Social Services, Inc. (the “Business”). Plaintiff asserts causes of action for defamation per se and false light. In Alonzo's cross-complaint, Alonzo, in pro per, alleges that Mahvash, and other Cross- Defendants, battered and assaulted Alonzo because he was picketing the business and practices of the Business. In Neyaz Mazgani's (“Neyaz”) cross-complaint, Neyaz alleges ...

Excerpt: ...gligence, and various statutory violations. On December 4, 2017, Defendants Morad Ben Neman, Sky High Investments Company, LLC, Simon Neman, Neman Real Estate Investments, and MBN Real Estate Investments, LLC (“Defendants”) unopposed demurrer to the first amended complaint was sustained without leave to amend. REQUEST FOR JUDICIAL NOTICE/EVIDENTIARY OBJECTIONS Plaintiffs' request for judicial notice is GRANTED. However, the Court declines to ...

Excerpt: ...rt (“Underlying Action”), and entered into a retainer agreement. Shtofman alleges that Ivoko owes $334,841.03 in fees and costs pursuant to the retainer agreement. Shtofman asserts causes of action for (1) breach of contract; (2) open book account; (3) fraud; (4) avoidance of fraudulent; and (5) quantum meruit. On April 21, 2017, Ivoko's motion for judgment on the pleadings was granted as to the third cause of action for fraud. EVIDENTIARY OB...

Excerpt: ...party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it. . . [t]he party to whom the demand for inspection, copying, testing, or sampling is directed waives any objection to the demand, including one based on privilege or on the protection for work product. . . . The party making the demand may move for an order compelling response to the demand.” (CCP § 2031.300(a)–(b).) Plaint...

Excerpt: ...dant”), asserting causes of action arising out of the Beverly-Song Act. DISCUSSION Plaintiff moves to compel Defendant to provide further responses to form interrogatories (“FI”), requests for admission (“RFA”), and requests for production (“RFP”). After reviewing the discovery requests at issue, the Court issues the following discovery order: FIs 1.1 and 12.1: Defendant fully responded to these FIs. No further response is required....

Excerpt: ...al notice,” the moving party may file a motion to set aside the default judgment and serve it within a reasonable time, not to exceed the earlier of “(i) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of a written notice that the default or default judgment has been entered.” Specially Appearing Defendants Justin Shapiro, Harris Bojic, Zeshan Kahn, Drew Jacobson, Cory Jacobson, a...

Excerpt: ...al policy favors resolution of all disputed matters in the same lawsuit.” (Kittredge Sports Co. v. Sup. Ct. (1989) 213 Cal. App. 3d 1045, 1047.) It is generally abuse of discretion to deny leave to amend if the opposing party does not show prejudice. (Ibid.) It is not an abuse of discretion of the court unless there is a “showing that actual unfairness or obvious prejudice has resulted from the allowance of such an amendment”. (Posz v. Burc...

Excerpt: ...re sunglasses and Plaintiff would obtain licensing of names and logos for use on the sunglasses in exchange for a commission. Defendants Wayne Chen and Ward Chen are alleged to be the owners of Got Shades. Plaintiff asserts causes of action for (1) breach of contract/covenant of good faith and fair dealing; (2) failure to pay wages; (3) B & P Code § 17200; (4) breach of oral contract; (5) fraud; (6) intentional interference; and (7) implied in f...

Excerpt: ...IANS, INC.'S MOTION FOR SANCTIONS BACKGROUND Plaintiffs Glenn H. Weissman, M.D. brings this action against Defendants Mutual Protection Trust (“MPT”) and Cooperative of American Physicians, Inc. (“CAP”), asserting causes of action for retaliation in violation of FEHA, the Labor Code, and public policy. REQUEST FOR JUDICIAL NOTICE <004f000300510052005700 002a0035002400310037[ED. DISCUSSION A. CAP's Anti-SLAPP Motion In ruling on a special ...

Excerpt: ...r. DISCUSSION Defendant moves to compel Plaintiff to provide further responses to special interrogatories. The motion is denied as untimely. “Except as otherwise provided in this chapter, any party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on or before the 15th day, before the date initially set for the trial of the action.” (CCP § 2024.0...

Excerpt: .... While the Court finds the terms of the proposed settlement to be otherwise fair and reasonable, neither the proposed settlement nor the moving papers account for the payment of civil penalties to the Labor and Workforce Development Agency (“LWDA”) in connection with the PAGA claim. The Court continued this motion to allow Plaintiffs to address the Court's concerns in this regard. In counsel's amended declaration, counsel explains why the ov...

Excerpt: ...ior Court (“Underlying Action”), and entered into a retainer agreement. Shtofman alleges that Ivoko owes $334,841.03 in fees and costs pursuant to the retainer agreement. Shtofman asserts causes of action for (1) breach of contract; (2) open book account; (3) fraud; (4) avoidance of fraudulent; and (5) quantum meruit. On April 21, 2017, Ivoko's motion for judgment on the pleadings was granted as to the third cause of action for fraud. DISCUSS...

Excerpt: ... to provide further response to request for production no. 31 (“RFP 31”). RFP 31 seeks: “Any and all DOCUMENTS RELATING TO any application for any financial benefit from any municipal county, state, or federal agency, including but not limited to unemployment benefits, disability benefits, or social security benefits for which YOU applied within the past ten (10) years. The relevance of the documents sought in this request is self-evident. ...

Excerpt: ...ing Jesus Polio, an individual dbaP&M Painting, as a Cross-Defendant to its cross-complaint. It is unclear why there is a discrepancy in the “doing business as” designations between the cross-complaint and the instant motion. Notwithstanding this discrepancy, the Court finds that default was improperly taken against Polio. “The designation ‘doing business as' simply. . . describe[s] a person who [is] doing business under some other name. ...

Excerpt: ...ed back injury on March 3, 2016. Plaintiff alleges that he was thereafter discriminated and retaliated against due to his disability, race, and age. Plaintiff asserts causes of action for (1) discrimination based upon disability; (2) failure to accommodate; (3) failure to engage in the interactive process; (4) discrimination based upon race; (5) discrimination based upon age; (6) retaliation; (7) failure to take all reasonable steps to prevent di...

Excerpt: ...RIAL BACKGROUND This action arises out of a dispute in the operation of Defendant Global Farms Enterprises, Inc. (“Global”). Plaintiffs Shoja Sacha Fattahi (“Shoja”) and Ashkan Fattahi (“Ashkan”), and Defendant Zia Fattahi (“Zia”) are shareholders and directors of Global. Plaintiffs collectively own 30% of the shares of Global, while Zia owns 40% of the shares. (SAC ¶ 8.) Plaintiffs allege that Zia breached his fiduciary duties o...

Excerpt: ...th BAC Home Loans Servicing, LP, fka Countrywide Home Loans Servicing, LP and successor by April 27, 2009 de jure merger with Countrywide Bank, FSB (“BANA”); Countrywide Home Loans, Inc. (“Countrywide”); and PRLAP, Inc. (“PRLAP”) (collectively, “Defendants”). This action concerns a loan taken against Plaintiff's Property. Plaintiff alleges that the legal description of the Property contains an error affecting the ownership interes...

Excerpt: ...rties, Inc. (“PVP”) on March 27, 2017. Plaintiff alleges that Defendants HSBC Bank USA N.A. (“HSBC”) and Specialized Loan Servicing, LLC (“Specialized”) refused to allow Plaintiff to conduct a short-sale. Plaintiff alleges various irregularities in the foreclosure process against her lenders. Plaintiff asserts causes of action for (1) violation of the HBOR; (2) wrongful foreclosure; (3) promissory estoppel; (4) breach of contract; (5)...

Excerpt: ... room physician's assistant. Defendant Dignity Health, Inc. (“Dignity”) owned and/or operated Northridge Hospital Medical Center (“Hospital”), where Plaintiff worked. Plaintiff alleges that Dignity exercised sufficient control over Plaintiff to be considered Plaintiff's employer. Defendant Shannon Bernal (“Bernal”) held a managerial nurse position with Dignity. Plaintiff alleges that she told Bernal that the team triage was “horribl...

Excerpt: ...s employment was governed by IWC Order No. 5-2001 and 8 CCR § 11050, which regulate the “Public Housekeeping Occupations” industry. DISCUSSION Plaintiff moves to quash the subpoena served by Defendants on the custodian of records for Ohgane Oakland and Oghane Concord (“Ohgane”). Ohgane is Plaintiff's current employer, and the subpoena seeks Plaintiff's employment records. “[T]he California Constitution recognizes a number of inalienabl...

Excerpt: ...” (Summers v. McClanahan (2006) 140 Cal. App. 4th 403, 413.) Specially Appearing Defendant Casino, LLC dba Larry Flynt's Lucky Lady Casino, erroneously sued as Lady Luck Casino (“LFLLC”) moves to quash service of the summons and complaint. LFLLC contends that Plaintiff failed to effectuate service on its agent for service of process. LFLLC also notes that Plaintiff has failed to file a proof of service. Plaintiff does not oppose the motion,...

Excerpt: ...��Brackett”) is alleged to have been Plaintiff's supervisor. DISCUSSION Plaintiff moves to compel the depositions of Brackett and C4K's person most qualified (“PMQ”). Plaintiff contends that attempts to take Brackett's and C4K's PMQ depositions “have been thwarted and/or ignored.” (Mot. at 5.) The subject deposition notices were served on February 25, 2017. However, Plaintiff's motion fails to mention that Defendants served objections t...

Excerpt: ...e court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists….” (CCP § 1281.2.) The right to compel arbitration exists unless the court finds that the right has been waived by a party's conduct, other grounds exist for revocation of the agreement, or where a pending court action arising out of the same transaction creates the possibility of conflicti...

Excerpt: ... prosecuted, or maintained in propria persona at least five litigations other than in a small claims court that have been (i) finally determined adversely to the person or (ii) unjustifiably permitted to remain pending at least two years without having been brought to trial or hearing. (2) After a litigation has been finally determined against the person, repeatedly relitigates or attempts to relitigate, in propria persona, either (i) the validit...

Excerpt: ...“Cross-Defendants”) demur to the first amended cross-complaint (“FACC”) of Medley Capital Corporation (“Medley”), filed in the consolidated action BC631888. In the FACC, Medley asserts causes of action for (1) breach of fiduciary duty; (2) corporate waste; (3) breach of employment agreement; (4) misappropriation of trade secrets – statutory; (5) misappropriation of trade secrets – common law; (6) unlawful business practices; (7) c...

Excerpt: ...abitability; (2) breach of statutory warranty of habitability; (3) breach of the covenant of quiet enjoyment; (4) negligence; (5) violation of Civil Code § 1942.4; and (6) private nuisance. DISCUSSION A demurrer challenges only the legal sufficiency of the complaint, not the truth of its factual allegations or the plaintiff's ability to prove those allegations. (Picton v. Anderson Union High Sch. Dist. (1996) 50 Cal. App. 4th 726, 732.) The ...

Excerpt: ... Marilyn Hamel (“Marilyn”) on January 4, 2014. Plaintiff alleges that she was terminated without explanation on February 10, 2015. Plaintiff further alleges that during her employment, Defendants failed to pay overtime, provide meal breaks, and otherwise engaged in various Labor <0003004400460057004c00 0014000c000300550048[taliation in violation of FEHA; (2) failure to prevent discrimination, harassment, and retaliation in violation of FEHA; ...

Excerpt: ...l probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest.” (CRC Rule 2.550(d).) “The motion or application must be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing.” (CRC Rule 2.551(b)(1).) Defendant City of Pasadena (“Defendant”...

Excerpt: ... arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists….” (CCP § 1281.2.) The right to compel arbitration exists unless the court finds that the right has been waived by a party's conduct, other grounds exist for revocation of the agreement, or where a pending court action arising out of the same transaction creates the possibility of conflicting rulings on a common issue of law or fact. (CCP § 128...

Excerpt: ...ay all costs associated with the demolition and prosecution of the nuisance claim. Plaintiff alleges that Defendant Aaron Jones, while working for the City of Redondo Beach, fabricated a report and presented it to the City Council for approval to award the demolition contract to Defendant L C M Financial Corp., dba Larry Murakami Contracting (“LMC”). Plaintiff alleges that LMC performed work outside the scope of the court order and invoiced a...

Excerpt: ...prevailing on the motion, pursuant to Section 128.5.” (CCP § 425.16(c)(1).) “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 result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay.” (CCP § 128.5(a).) Plaintiff Mahvash Mazgani (“Mazgani”) moves for an award of attorneys' fe...

Excerpt: ...5.3, which requires a subpoenaing party to provide notice to consumers before a bank can produce the consumer's personal records. Obviously, Plaintiff cannot provide notice to the account holders since they do not know their identities or contact information. While the Court is cognizant of the requirements of CCP § 1985.3, given the circumstances of this case, compliance with the statute would be impossible. Furthermore, while CCP § 1985.3 is ...

Excerpt: ...003, Plaintiff was appointed as an assistant professor of research within UCLA's Department of Medicine. In 2009, Plaintiff was promoted to adjunct associate professor of medicine, and again in 2011 to adjunct professor, step 1. Plaintiff was responsible for securing funding for his compensation at UCLA through internal grants and extra-mural funding. Plaintiff alleges that once his Division Chief, Dr. Bevra Hahn, announced her retirement in 2012...

Excerpt: ...ngruent Investment Partners, LLC; Congruent Credit Opportunities Fund II, LP; Preston Masset; Richard Craybas; and James Feeley (collectively, “Cross-Defendants”). Miller alleges that Cross-Defendants interfered with his employment contract with Modern VideoFilm, Inc. (“MVF”), and that Medley stepped into the shoes of MVF and is thus liable for breach of the employment agreement. Miller asserts causes of action for (1) intentional interfe...

Excerpt: ... factions regarding the Association's elections held in November 2013. On January 28, 2014, Plaintiffs Larry, Chuck, Wah Chew, and Kim Wong filed a complaint against Association, Nam San Wong and other members of this faction, to enforce a settlement agreement regarding the corporate governance of the Association and to confirm that Larry and Chuck Wong were duly elected officers of the Association. On May 29, 2014, the Fund and the Association (...

Excerpt: ...arida Nassery (the “Nasserys”), and provided a security deposit of $44,000. Plaintiff alleges that Nasserys are indebted to Plaintiff for return of the security deposit, overpayment of rent, and other damages. Plaintiff alleges that the Nasserys subsequently transferred the Property to Defendant Bell Canyon Investment II LLC for no monetary consideration. As set forth in the instant motion, and conceded in the opposition, the dispute pertaini...

Excerpt: ...tiff asserts causes of action for (1) indebutatis assumptsit; (2) unjust enrichment; and (3) breach of verbal agreement. REQUEST FOR JUDICIAL NOTICE Defendant requests judicial notice of (1) her birth certificate; (2) her enrollment verification from Arizona State University; and (3) a copy of the US Department of Education's requirements for Direct PLUS Loans. Defendant's birth certificate was issued by the State of California, and is thus “no...

Excerpt: ... and L & H Medical Group. Defendant Sang Yoon Han allegedly guaranteed these loans. DISCUSSION A motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law. (CCP § 437c(c).) There is a triable issue of fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in...

Excerpt: ...lleges that as he was walking down a ramp located on Defendant's property, he slipped and suffered injuries do to wet paint. DISCUSSION “A party against whom an answer has been filed may object, by demurrer as provided in Section 430.30, to the answer upon any one or more of the following grounds: (a) The answer does not state facts sufficient to constitute a defense. (b) The answer is uncertain. As used in this subdivision, “uncertain” inc...

Excerpt: ...pes of insurance. In 2014, Defendant RMI merged with Defendant Signature Insurance Group, LLC (“SIG”). Plaintiff alleges Defendants engaged in fraud by overcharging Plaintiff through hidden commissions, and issuing a fraudulent indemnity policy. DISCUSSION The court may allow, in furtherance of justice, and “upon any terms as may be just, an amendment to any pleading or proceeding in other particulars….” (CCP § 473.) “[D]iscretion sh...

Excerpt: .... City of Mission Viejo (1995) 33 Cal.App.4th 1484, 1489.) Defendant Uber Technologies, Inc. and Rasier-CA, LLC (“Defendants”) move for an order staying the action and/or transferring it to the Complex Division of this Court. Defendants contend that this action should be stayed pending resolution of three earlier filed actions: (1) O'Connor v. Uber Technologies, Inc., U.S. District Court for the Northern District of California; (2) Del Rio v....

Excerpt: ...Defendant/Plaintiff Haejung Lee (“Lee”). “Conversion is the wrongful exercise of dominion over the property of another. The elements of a conversion claim are: (1) the plaintiff's ownership or right to possession of the property; (2) the defendant's conversion by a wrongful act or disposition of property rights; and (3) damages....” (Lee v. Hanley (2015) 61 Cal. 4th 1225, 1240.) Kim alleges that Lee was hired as a sales manager for Ki...

Excerpt: ...AY BACKGROUND Plaintiff Heather Swett (“Plaintiff”) brings this action against her employers, Defendants Eagle Business Performance Services, LLC (“Eagle”) and Pioneer Medical Group (“Pioneer”), and supervisor, Defendant Steve Cantrell (“Cantrell”). Plaintiff asserts causes of action for (1) hostile work environment sexual harassment; (2) failure to take all reasonable steps necessary to prevent and correct harassment and retaliat...

Excerpt: ...APC (“JT Legal”) on December 14, 2015 as a paralegal. In April 2016, Alonzo notified JT Legal of her pregnancy. In May 2016, Alonzo became ill with pregnancy-related complications, including severe “morning sickness”, and advised JT Legal of her condition. Alonzo was terminated on May 13, 2016 during a medical leave of absence. Plaintiff Yanez was hired in 2014 to work for both JT Legal and Defendant National <0015001300140019000f00 00490...

Excerpt: ...Jenous Tootian, Edmond Melamed, and Rozita Safeipour. Defendants allegedly defaulted on the loan. Plaintiff asserts causes of action for (1) breach of loan agreement and enforcement of promissory note; (2) breach of the implied covenant of good faith and fair dealing; and (3) judicial foreclosure. EVIDENTIARY OBJECTIONS Pursuant to CCP § 437c(q), “the court need rule only on those objections to evidence that it deems material to its dispositio...

Excerpt: ...arilyn Hamel (“Marilyn”) on January 4, 2014. Plaintiff alleges that she was terminated without explanation on February 10, 2015. Plaintiff further alleges that during her employment, Defendants failed to pay overtime, provide meal breaks, and otherwise engaged in various Labor <0003004400460057004c00 0014000c000300550048[taliation in violation of FEHA; (2) failure to prevent discrimination, harassment, and retaliation in violation of FEHA; (3...

Excerpt: ...unless the court finds that the party does not have a substantial interest in the case as a whole. . . .” (CCP § 36(b).) Plaintiff Ethan Chavez (“Ethan”), who is under the age of 14, moves for a trial preference. This action arises out of an incident in which an automobile allegedly ran over Plaintiff Ethan's foot. Plaintiff Ruben Chavez (“Ruben”), Ethan's father, witnessed the incident. Plaintiff Ethan asserts claims for physical inju...

Excerpt: ...ency Medical Group, Inc. (“REMG”) as Doe Defendants, and to assert additional causes of action. Plaintiff brings this motion on the grounds that she did not know the true names of the Doe Defendants at the outset of the case. The court may allow, in furtherance of justice, and “upon any terms as may be just, an amendment to any pleading or proceeding in other particulars….” (CCP § 473.) “[D]iscretion should be exercised liberally in ...

Excerpt: ...afety features failed to engage during the accident. Plaintiff asserts claims against the Subject vehicle's manufacturers (“Nissan”), and the driver of the other vehicle in the accident. DISCUSSION “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders ...

Excerpt: ...ake, inadvertence, surprise, or excusable neglect. Application for this relief. . . shall be made within a reasonable time, in no case exceeding six months. . . .” (CCP § 473(b).) Defendants Ishay Kohen and YKS Construction, Inc. move to set aside the defaults entered on November 14, 2017. Default was previously entered against the moving parties, but was set aside by stipulation. The stipulation setting aside the prior defaults required Defen...

Excerpt: ...afety features failed to engage during the accident. Plaintiff asserts claims against the Subject vehicle's manufacturers (“Nissan”), and the driver of the other vehicle in the accident. DISCUSSION “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders ...