Excerpt: ...or breach of contract (California Civil Code §1951.2.) 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 court must treat as true all of the complaint's material factual allegations, but not contentions, deductions or conclusions of fac...

Excerpt: ...ty, negligence, and various statutory violations. DISCUSSION The moving party on a motion to compel further responses to requests for production of documents (RFPs) must submit “specific facts showing good cause justifying the discovery sought by the inspection demand.” (CCP § 2031.310(b)(1).) If the moving party has shown good cause for the RFPs, the burden is on the objecting party to justify the objections. (Kirkland v. Sup.Ct (2002) 95 C...

Excerpt: ...ntiff Kieran Kelleher (“Plaintiff”) brings this action against Defendants City of Long Beach, Long Beach Police Department Chief Robert Luna, Jim McDonnell, Justin Krueger and Alvin Do (1) excessive force; (2) denial of medical care; (3) retaliation; (4) failure to properly screen and hire; (5) failure to properly train; (6) failure to supervise and discipline; (7) violation of the Bane Act; (8) assault; (9) battery; (10) negligence; and (11)...

Excerpt: ...against Defendant City of Los Angeles, a government entity; and DOES 1 through 100, inclusive (“Defendant” or “the City”) alleging retaliation based on race, and for opposing unlawful practices prohibited by the Fair Employment and Housing Act (“FEHA”). On February 15, 2017, Defendant served its Motion for Summary Judgement. (McNicholas Decl. ¶ 2). On December 8, 2017, Plaintiffs deposed Chief Assistant City Attorney Thomas Peters, a...

Excerpt: ... lease agreement between Plaintiff Kawada Co. of America LTD (“Plaintiff”) and Defendants Ebanos Crossing LLC, Justin Shapiro, Dan Rottenstreich, Harris Bojic, Zeshan Khan, Drew Jacobson, Cory Jacobson, Paul Keo, and DOES 1 to 10 (“Defendants”). Plaintiff moves for reconsideration and an order setting aside entry of default and vacating clerk's default judgement of the Court's March 2, 2018 ruling granting Defendants motions to set aside ...

Excerpt: ... various statutory violations. REQUEST FOR JUDICIAL NOTICE The Defendants' Request for Judicial Notice (“RJN”) is GRANTED. (Cal. Evid. Code §452, 453.) DISCUSSION It is a misuse of the discovery process to fail “to respond or to submit to an authorized method of discovery,” (CCP § 2023.010(d)) or to disobey “a court order to provide discovery.” (CCP § 2023.010(g).) Under CCP § 2023.030, courts have the authority to issue monetary ...

Excerpt: ...n: (1) discrimination; (2) harassment; (3) failure to prevent discrimination and harassment; (4) wrongful termination; and (5) declaratory judgment. Defendant demurs to Plaintiff's second and fifth causes of action. 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....

Excerpt: ...suant to the terms of the settlement.” (CCP § 664.6.) Plaintiff Taylor Traut (“Plaintiff”) seeks to enforce a settlement agreement against Defendant Volkswage Group of America, Inc (“Defendant”). The parties mediated the case successfully on January 30, 2018 with mediator Ron Akasaka. (Cline Decl. ¶13.) After the mediation, Mr. Akasaka sent an email memorializing the terms of the settlement. (Cline Decl. Exh 1.) Plaintiff contends the...

Excerpt: ...t. On November 30, 2017, Defendant/Cross-Complainant Ryan Ballinger (“Cross- Complainant”) filed a Cross-Complaint (“CC”) against Plaintiff/Cross-Defendant David Lyons and Cross-Defendants LB4LB, LLC (“Cross-Defendant”) and Roes 1-10 for (1) breach of contract; (2) breach of fiduciary duty; and (3) accounting. On March 21, 2018, Cross-Defendant demurred to the Cross-Complaint which was sustained with leave to amend. DISCUSSION On rece...

Excerpt: ...store. Plaintiff asserts causes of action against Defendants Walgreen's Corporation (“Walgreen”) and Sean Anderson (“Anderson”), a store employee, for (1) negligence; (2) negligent hiring/retention/supervision/training; (3) assault; and (4) battery. DISCUSSION Courts have compelled parties to sign authorizations for release of medical records. (Coats v. K-Mart Corporation (1989) 215 Cal.App.3d 961, 965; Miranda v. 21st Century Insurance C...

Excerpt: ... 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”). On August 24, 2016, Bank of America assigned its beneficial interest under the Deed of Trust to Citibank, N.A. solely as Trustee of NRZ Passthrough Trust VI, recording an assignment of deed of trust on September 14, 20...

Excerpt: ...crimination; unlawful collection of excess rent; failure to pay interest on security deposit; unlawful eviction; failure to pay relocation fees; tenant harassment; retaliatory eviction; failure to return security deposit; breach of the implied covenant of quiet enjoyment; assault; intentional infliction of emotional distress; negligent infliction of emotional distress; breach of the implied warranty of habitability; and nuisance. Plaintiff allege...

Excerpt: ...Home Warranty Corp. (“Defendants”) on February 14, 2018. The case involves real property located at 6127 N. Hanlin Avenue, Azusa, California (“the Property”). After Plaintiff purchased the property in July of 2016, an electrical fire broke out at the Property on or about February 10, 2017. (Complaint ¶14.) Plaintiff alleges that the Seller and its broker failed to disclose certain defects in the Property. (Complaint ¶13, 14, 16, 17-19.)...

Excerpt: ...018. The Complaint alleges nine causes of action for violations of the Labor Code, the Investigative Consumer Reporting Agencies Act and Business and Professions Code §17200. DISCUSSION A defendant may serve and file a notice of motion to quash service of summons on the ground of lack of personal jurisdiction of the Court over him or her. (CCP §418.10(a).) “When a defendant challenges the Court's personal jurisdiction on the ground of imp...

Excerpt: ...es four causes of action: (1) legal malpractice; (2) negligent misrepresentation; (3) fraud; and (4) breach of fiduciary duty. REQUEST FOR JUDICIAL NOTICE The Defendant's Request for Judicial Notice (“RJN”) is GRANTED. (Cal. Evid. Code §452, 453.) 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...

Excerpt: ...�� (Code Civ. Proc., § 664.6.) Plaintiff Michael Kim (“Plaintiff”) moves for entry of judgment pursuant to the terms of the Settlement and Release Agreement (“Settlement Agreement”) and Stipulation for Entry of Judgment (“Stipulation”) between Plaintiff and Defendants David Park, Dana Park, Park Wilshire Realty, Inc. and J Development LLC (collectively “Defendants”). Pursuant to the Settlement and Release Agreement, Defendants wo...

Excerpt: ... he is the president and sole member of Plaintiff Modern VideoFilm Holdings, LLC (“Holdings”), which holds all of MVF's shares. Barkat alleges that Defendants Medley and Charles Sweet caused Barkat's termination from MVF, and that Medley exercised excessive control and dominations over the operations of MVF that ultimately led to MVF's demise. Plaintiffs SAC assert causes of action for (1) breach of employment contract; (2) intentional (3) in...

Excerpt: ... (2) breach of contract. On November 30, 2017, Defendant/Cross-Complainant Ryan Ballinger (“Cross- Complainant”) filed a Cross-Complaint (“CC”) against Plaintiff/Cross-Defendant David Lyons and Cross-Defendants LB4LB, LLC (“Cross-Defendant”) and Roes 1-10 for (1) breach of contract; (2) breach of fiduciary duty; and (3) accounting. On March 16, 2018, Cross-Defendant filed the instant demurrer to Cross-Complaint. Cross-Complainant file...

Excerpt: ... Grand Cherokee. On or about March 16, 2018 Plaintiff served a Notice of Deposition of Kris Krueger on Defendants for April 2, 2018 in Dearborn, MI. (Exh. A.) Defendants objected to this notice on March 30, 2018. (Exh. B). On April 2, 2018 Plaintiff sent a letter to Defendant regarding the objections. (Exh. C.) On April 10, 2018 Defendants sent a response in an attempt to meet and confer and offered to provide a copy of Krueger's deposition testi...

Excerpt: ...party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations. . . . Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. The court may grant a continuance only on ...

Excerpt: ...irm, correct or vacate the award. (CCP § 1285.) Petitioner complies with CCP § 1285.4 as they attach a copy of the stipulation to submit the matter to arbitration, (Pet., Exh. B.), set forth the name of the arbitrator (James Adler), and attach a copy of the arbitration award (Id, Exh. C.) Respondent has not opposed the petition or moved to vacate the award, however Respondent passed away on December 8, 2017 (Decl. Krueger ¶9). Petitioner has n...

Excerpt: ...Fox Film Corporation (“Fox”). Further Plaintiff's claim arises out of employment related interactions with Defendants Zwissig and Associates, LLC, and Jack Zwissig (collectively “Zwissig Defendants”.) Plaintiff alleges the following causes of action: (1) discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) retaliation; (3) sexual harassment; and (4) violation of public policy. Zwissig Defendants demur to th...

Excerpt: ... of covenant of good faith and fair dealing' (3) false promise; (4) quantum meruit; (5) unjust 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, ...

Excerpt: ...l title to the real properly located at 4155 Mt. Vernon Drive, Los Angeles, CA (the “Property”). On March 9, 2018, the Court issued a Statement of Decision finding that Plaintiff Wells Fargo is the prevailing party. Plaintiffs now move to transfer and consolidate additional cases. 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 ...

Excerpt: ...llectibles, LLC (“Defendant” or “Collectibles”), specially appearing, moves to strike the Doe Amendment adding it to the action on January 4, 2018. DISCUSSION A Defendant named in an action by a Doe amendment under CCP §474 may challenge the amendment by way of an evidence-based motion, which argues that the plaintiff “unreasonably delayed” his or his filing of the challenged amendment. (A.N. v. County of Los Angeles (2009) 171 Cal.A...