Excerpt: ...plaint (“SAC”) alleges five causes of action for: 1) neglgigent hiring, retention and supervision; 2) intentional infliction of emotional distress; 3) false imprisonment; 4) negligence; and 5) assault. The SAC alleges that Uber and Rasier are the developers of a popular ride share application called Uber App (the “App”). On November 25, 2018, Plaintiff used the app to request a ride to her job. Sayo responded to the request and picked up ...

Excerpt: ...sclassified Rashidi and failed to properly compensate Rashidi. After the Court sustained a demurrer to the initial complaint, Rashidi filed the operative First Amended Complaint (“FAC”), alleging eight causes of action for various labor code violations, wrongful termination in violation of public policy, and unfair business practices. On December 19, 2018, Defendants brought a Cross-Complaint against Rashidi, alleging three causes of action f...

Excerpt: ...tion against Defendant for 1) breach of contract; 20 breach of the implied covenant of good faith and fair dealing; 3) quantum meruit; and 4) account stated. Plaintiff alleges that it is a parking service company. On August 27, 2012, the County issued a formal Request for Proposals for Parking Facilities Management Services seeking a partner to manage a substantial number of County-owned parking facilities. Classic submitted a competitive bid for...

Excerpt: ...to Plaintiff's requests for production of documents, and interrogatories. On October 12, 2019, Defendant filed an opposition to Plaintiff's interrogatory motions. An untimely opposition was filed by Defendant as to the RDP motion on November 13, 2019. No reply was submitted. As each motion and opposition provides substantively identical positions as the other motion/opposition, the Court set the hearings together and will consider both opposition...

Excerpt: ...Z Shopping Inc. (“WHZ”), East West Bank (“EWB”), Citibank N.A. (“Citibank”), and Bank of America N.A. (“BOA”). Plaintiffs allege that Wang perpetrated a fraud against Plaintiffs in order to obtain a $1.2 million loan from Plaintiffs using Wang's real property located at 2008 North Western Avenue, Los Angeles (the “property”) as collateral. The operative First Amended Complaint (“FAC”) alleges nine causes of action for: 1) ...

Excerpt: ...st Amended Complaint (“FAC”), the operative pleading, alleging eight causes of action: 1) breach of fiduciary duty, 2) breach of covenant of good faith and fair dealing, 3) unfair business practices, 4) deceit, 5) fraud, 6) fraudulent conveyance, 7) civil conspiracy, and 8) violations of Civ. Code sections 1185. This case involves a dispute between siblings, Plaintiff and Defendant Giesel Richmond (“Giesel”), over the property. The FAC al...

Excerpt: ...sate Rashidi. After the Court sustained a demurrer to the initial complaint, Rashidi filed the operative First Amended Complaint (“FAC”), alleging eight causes of action for various labor code violations, wrongful termination in violation of public policy, and unfair business practices. On December 19, 2018, Defendants brought a Cross-Complaint against Rashidi, alleging three causes of action for 1) negligent misrepresentation; 2) breach of c...

Excerpt: ...perative Third Amended Complaint alleges five causes of action for: 1) breach of contract, 2) breach of the implied covenant of good faith and fair dealing, 3) fraud-concealment, 4) fraud- intentional misrepresentation, and 5) negligent misrepresentation. PLE maintains a cross-complaint against HTLA for breach of contract. On July 3, 2019, the Court granted Defendant's motion to compel the deposition of HTL's PMK Hooman Nissani (“Nissani”). T...

Excerpt: ...nah Singer (“Singer”), Dori Coe (“Coe”), Kelly Hilton (“Hilton”), Joy Salvador (“Salvador”), and Thomas Wilson (“Wilson”). The Complaint alleges that on May 19, 2017, Plaintiff was involved in a collision with Rawlings. Rawlings was insured by defendant Allstate. Rawlings's Allstate policy had $250,000 per person bodily injury liability limits. Plaintiff made an insurance claim, and Allstate determined that Rawlings was at fau...

Excerpt: ...P LLC (“SSC GP”) (“Defendants”) on July 13, 2018. The lodged First Amended Complaint (“FAC”) alleges five causes of action for: 1) elder abuse, 2) negligence, 3) violation of Health & Safety Code § 1430; 4) willful misconduct; and 5) wrongful death. This suit arises from allegations of neglectful care and treatment received by Alberi while residing at Defendants' skilled nursing home. The FAC generally alleges that Defendants failed ...

Excerpt: ...ectively the Board Defendants). Plaintiff brings this suit in his individual and in a derivative capacity under Corp. Code sections 5142, 5710, 7142, and 7710 on behalf of ALPFA against the Board of Directors of ALPFA. Plaintiff also asserts standing under the Private Attorney General Act of 2004 (PAGA). The current First Amended Complaint alleges 18 causes of action for 1) wrongful termination; 2) retaliation; 3) breach of contract; 4) waiting t...

Excerpt: ... FEHA; (2) gender harassment in violation of FEHA; (3) disability discrimination in violation of FEHA; (4) retaliation in violation of FEHA; (5) retaliation for exercising right afforded an employee (Lab. Code § 98.6); (6) retaliation for whistleblowing (Lab. Code § 1106.6 et seq.); (7) defamation/slander; and (8) intentional infliction of emotional distress. The SAC also named The Guidance Charter School Foundation Inc., Abdul Wahab Omeira, Ji...

Excerpt: ... with the owner of certain real property located at 1111 S. Fair Oaks Ave., Pasadena CA 91105 (the “property”). Petitioner was to be the general contractor on for the completion of a scope of work in renovating a hospital building. On June 1, 2018, Petitioner subcontracted with Respondent to perform framing work for $129,000.00 as an independent contractor. Respondent failed to follow the approved plans, causing additional costs to the projec...

Excerpt: ...erative Third Amended Complaint alleges five causes of action for: 1) breach of contract, 2) breach of the implied covenant of good faith and fair dealing, 3) fraud-concealment, 4) fraud- intentional misrepresentation, and 5) negligent misrepresentation. PLE maintains a cross-complaint against HTLA for breach of contract. On July 3, 2019, the Court granted Defendant's motion to compel the deposition of HTL's PMK Hooman Nissani (“Nissani”). Th...

Excerpt: ... County. Defendant filed the instant motion for transfer on September 6, 2019. On October 15, 2019, Plaintiff filed an opposition. On October 23, 2019, Defendant filed a reply. Wrong Court Transfer “Venue is determined based on the complaint on file at the time the motion to change venue is made.” (Brown v. Superior Court of Alameda County (1984) 37 Cal.3d 477, 482.) Plaintiff's choice of venue is presumptively correct, and Defendant bears th...

Excerpt: ...west LLC (collectively, “Shurwest”), CMAM Inc. dba Heritage Financial Services (“CMAM”), Albert Andrew Manfre (“A. Manfre”), Jeanette Manfre (“J. Manfre”), Daniel Klien (“Klien”), and James Anton (“Anton”). The Complaint alleges five causes of action for: 1) professional negligence; 2) breach of fiduciary duty; 3) Financial Elder Abuse; 4) Intentional Deceit/Fraud; and 5) Declaratory Relief. The Complaint alleges that Plai...

Excerpt: ...ities Director and replaced her with younger, less experienced and credentialed individuals. She alleges that this was done on the basis of her gender, age, and familial status. She alleges that she was eventually pushed into a less prestigious teaching position. The Complaint alleges six causes of action for: 1) gender discrimination; 2) failure to prevent discrimination - gender; 3) retaliation; 4) hostile work environment – gender; 5) intent...

Excerpt: ...t against Defendant Sohan Dua (“Dua”). The Complaint alleges that Andrea was employed at the Kidney Care Center of the North Valley of Innovative Dialysis System as a Unit Assistant and also a receptionist. Dua was a doctor treating dialysis patients at the facility. Andrea became uncomfortable with Dua after he began persistently contacting her in 2015. In June 2016, both Andrea and Dua attended a conference in Dallas, Texas. After the confe...

Excerpt: ...he County of Los Angeles Sheriff's Department and numerous individual deputies, Lenny K. Dykstra v. County of Los Angeles, et al., LASC Case No. BC541436, involving two alleged beatings of Plaintiff that occurred inside the County Jail on or about April 5 and April 6, 2012 (the “Underlying Action”). Plaintiff in pro per commenced this action against Defendants on February 14, 2017. On July 24, 2017, Plaintiff, represented by counsel, filed th...

Excerpt: ... (“Tunno”) (collectively “Defendants”). Plaintiff began her employment with KDW on April 19, 2006. KDW gave male porters preferential treatment over Plaintiff, the only female porter. KDW supervisors would give demeaning tasks to Plaintiff and made sexist comments towards her. Plaintiff alleges she was terminated by KDW on July 20, 2017, based on her sex and in retaliation for exercising rest break rights. The operative First Amended Comp...

Excerpt: ...efendant Ford Motor Company. On September 27, 2019, Plaintiff filed motions to compel verifications to discovery responses from Defendant as to the first sets of 1) form interrogatories, 2) special interrogatories, 3) requests for production of documents and 4) requests for admissions. On October 10, 2019, Defendant filed an opposition. On October 17, 2019, Plaintiff filed a reply. At the outset, the Court notes that this motion is four motions i...

Excerpt: ...te clerk. In November 2016, Plaintiff was diagnosed with bipolar disorder. Despite knowing of this condition, the County failed to make reasonable accommodations for Plaintiff or engage in the interactive process in good faith. Plaintiff was subject to adverse employment actions because of her disability. The operative First Amended Complaint (“FAC”) alleges three causes of action for: 1) disability discrimination in violation of FEHA; 2) fai...

Excerpt: ... Brothers Enterprises Inc. (“MBE”) as joint employers/alter egos. The FAC states fourteen causes of action for: 1) harassment; 2) discrimination; 3) associational discrimination; 4) retaliation; 5) failure to prevent harassment, discrimination and/or retaliation; 6) Lab. Code § 1102.5; adverse action in violation of public policy; 8) Lab. Code §§ 201 & 203; 9) Lab. Code §§ 226.7 & 512; 10) Lab. Code §§ 510, 511 & 1194; 11) Lab. Code §...

Excerpt: ...nald Jasso (“Jasso”), Eric Jaeger (“Jaeger”), Daniel Klimek (“Klimek”), Eva Mejia (“Mejia”), Michael Miller (“Miller”), Daria Morena (“Morena”), Jose Ochoa (“Ochoa”), Vincent Poy (“Poy”), Mark Real (“Real”), Paris Taylor (“Taylor”), and Ryan Venegas (“Venegas”) (collectively, “Plaintiffs”) brought the instant employment action against their former employer, Weber Distribution LLC (“WD”), and a s...

Excerpt: ...collectively “Defendants”). Plaintiffs filed the First Amended Complaint (“FAC”), the operative pleading, on July 16, 2018. The FAC alleges three causes of action for 1) wrongful death, 2) negligent infliction of emotional distress; and 3) “surviver” [sic] cause of action. The Court previously sustained Defendants' demurrers to the second cause of action. The FAC arises from the alleged negligent treatment of Katie Chung (“Decedent�...

Excerpt: ...e to prevent discrimination and retaliation; 4) failure to provide reasonable accommodations; 5) failure to engage in good faith interactive process; 6) declaratory judgment; 7) wrongful termination; 8) failure to pay wages; 9) failure to pay overtime; 10) failure to provide itemized age statements; 11) waiting time penalties; 12) Private Attorney General Act; and 13) failure to permit inspection of personnel and payroll records. The FAC alleges ...

Excerpt: ...inst Defendants Caravan Ltd. (“Caravan”) and Ben Katz (“Katz”) (collectively Defendants). The operative First Amended Complaint alleges five causes of action for: 1) Breach of Statutory Warranty; 2) Negligent Misrepresentation; 3) Fraudulent Concealment/Non-Disclosure; 4) Intentional Misrepresentation; and 5) Fraud. The FAC alleges that in May 2015, LGB purchased 16,000 yards of fabric with a black and white design, designated as Style No...

Excerpt: ...erative Second Amended Complaint (“SAC”) alleges two causes of action for 1) common counts; and 2) declaratory relief. The SAC alleges that on Plaintiff is a towing and rescue company. On December 17, 2017, California Highway Patrol ("CHP") requested Plaintiff to rescue a truck owned and operated by Solares, a trailer owned by American Intermodal Management, and container containing goods owned by Ginegar from a ravine off Highway 154. Sesma,...

Excerpt: ...ent deceit; 2) breach of contract; 3) fraud/intentional misrepresentation; and 4) breach of fiduciary duty. The Complaint allege that Plaintiffs purchased a life insurance policy from Wang in October 2016. Wang was not a licensed agent at the time she sold the policies, but quickly became an agent for NLG, working under her broker Guo. Wang also held herself out as an agent for PFA as an insurance agent. Defendants approved Plaintiff's life insur...

Excerpt: ... and failed to properly compensate Rashidi. After the Court sustained a demurrer to the initial complaint, Rashidi filed the operative First Amended Complaint (“FAC”), alleging eight causes of action for various labor code violations, wrongful termination in violation of public policy, and unfair business practices. On December 19, 2018, Defendants brought a Cross-Complaint against Rashidi, alleging three causes of action for 1) negligent mis...

Excerpt: ... agreed to pay $13,191,457 for the clothing. Defendants filed to pay Plaintiff. The operative Complaint alleges eight causes of action for: 1) breach of contract, 2) breach of the implied covenant of good faith and fair dealing; 3) conversion; 4) unfair business practices; 5) intentional interference with prospective economic advantage; 6) negligence interference with prospective economic advantage; 7) intentional interference with contract; and ...

Excerpt: ...e Complaint alleges ten causes of action for: 1) fraud; 2) conversion; 3) Pen. Code § 496; 4) fraudulent transfer; 5) conspiracy; 6) violation of Bus. & Prof. Code section 17200 et seq.; 7) money had and received; 8) constructive trust; 9) accounting; and 10) unjust enrichment. Generally, the Complaint alleges that Ferdinand embezzled over $5 million from Plaintiff for his own and his co-defendants benefit. On June 24, 2019, Ferdinand move for a...

Excerpt: ...efendants Best, Best & Krieger LLP (“BBK”) and Grover Trask (“Trask”) (collectively “Defendants”) on October 15, 2018. The operative Second Amended Complaint (“SAC”) alleges two causes of action for professional negligence and a newly added claim of negligent misrepresentation. The dispute arises out of BBK's allegedly negligent evaluation of the legal risks associated with a for-profit business plan (the “shoplifter deterrence�...

Excerpt: ...lection Ltd. (“RCL”), RDP Inc. (“RDP”), and Dominium Management Corp. (“DMC”) (collectively “Defendants”). The Complaint alleges a single cause of action for tortious interference with prospective economic advantage. The Complaint alleges that Plaintiffs operate aplastic surgery practice in a building owned and operated by Defendants located at 421 North Rodeo Dr. Beverly Hills CA (the “Premises”) under a sublease with a tenan...

Excerpt: ...on September 17, 2019. Relevant to this motion is the following procedural history. On October 11, 2018, Plaintiff's former counsel JT Legal Group APC filed a motion to be relieved as counsel. This motion was heard and granted on November 9, 2018. Plaintiff remained in pro per from that date until a substitution of attorney was filed on August 26, 2019 by Plaintiff's current counsel. <0044004800b60056000300 004400510057005600b4[) filed two motion...

Excerpt: ...eges that on March 27, 2012, Plaintiff purchased a pre-owned 2009 Mercedes- Benz C300 (the “vehicle”) from Defendant, an auto dealer. In April 2016, the vehicle needed to be serviced by Defendant when the SRS control unit/airbag module needed to be replaced and reprogrammed. In May 2016, Plaintiff received a letter from Mercedes-Benz USA, LLC, informing her that a defect related to safety exists. In August 2016, she received a second letter i...

Excerpt: ...ant motion for the Court to approve the consent judgment agreed to by the parties. No opposition was submitted. Defendant filed an answer on September 3, 2019. Legal Standard Health & Safety Code § 25249.7(f)(4) provides, “[i]f there is a settlement of an action brought by a person in the public interest under subdivision (d), the plaintiff shall submit the settlement, other than a voluntary dismissal in which no consideration is received from...

Excerpt: ...litigation over the control of Eden Hill, a non-profit religious organization. On December 5, 2018, the Court sustained Defendants' demurrer to the FAC as to the first and second causes of action with leave to amend and overruled it as to the third. On December 21, 2018, Plaintiffs filed a Second Amended Complaint (“SAC”), alleging 1) legal malpractice by Eden Hill against Kim and the Firm; 2) breach of fiduciary duty by Eden Hill against Kim...

Excerpt: ..., Employment Tax Servicing Corporation dba Emptech, and Employment Tax Specialists Inc., dba Emptech). The operative First Amended Complaint alleges five causes of action for 1) retaliation; 2) associational disability discrimination; 3) failure to prevent discrimination and retaliation; 4) wrongful termination in violation of public policy; and 5) retaliation. The FAC alleges that Plaintiff was a management-level employee with Emptech, as Emptec...

Excerpt: ...ironment sexual harassment; 3) failure to prevent and correct discrimination, harassment, and retaliation, 4) retaliation; 5) violation of Title IX, 6) violation of Equity in High Education Act; 7) gender violence; 8) sexual harassment; negligence; 10) intentional infliction of emotional distress; and 11) battery. On December 1, 2017, USC filed a notice of removal to federal court. During litigation, Plaintiff settled with USC, but her claims aga...

Excerpt: ...orney's fees and costs for the litigation in the amount of $12,565.20. Plaintiff filed the instant motion on January 4, 2019. An opposition and reply were filed. Legal Standard With respect to attorney fees and costs, unless they are specifically provided for by statute (e.g., CCP §§ 1032, et seq.), the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties. (CCP § 1021....

Excerpt: ...e in prison by two correctional officers. Defendant California Department of Corrections and Rehabilitation (erroneously sued as SAC and Norco) (“the State” or “Defendant”) filed the instant motion for transfer on November 8, 2018. Defendant requests that the Court transfer this case to Sacramento County. No opposition was filed. Legal Standard “Venue is determined based on the complaint on file at the time the motion to change venue is...

Excerpt: ...nation, harassment and retaliation; 4) failure to provide reasonable accommodations; 5) failure to engage in good faith interactive process, 6) wrongful termination in violation of public policy; 7) declaratory judgment; 8) failure to pay wages; 9) failure to provide meal and rest periods; 10) failure to provide itemized wage and hour statements; 11) waiting time penalties; 12) unfair competition; and 13) conversion. On September 24, 2018, SGT fi...

Excerpt: ...and OVERRULED as to the remainder of the causes. <0048004b0003000b00b300 005d004400470048004b[”), Helios Dayspring (“Dayspring”), and Emanuel Separzadeh (“E. Separzadeh”) (collectively “Plaintiffs”) filed the instant action against Defendants Winslow & Shoomaker LLC (“Winslow”), BKIP LLC (“BKIP”), Alvin Joiner (“Joiner”), David Aguilar (“Aguilar”), Mike Healy, (“Healy”) Ryan Rezaie (“Rezaie”), Andre R. Young ...

Excerpt: ...004b[is action against the City seeking a declaration from the Court that certain signage erected by Plaintiff at 8075 W. Third Street, Los Angeles, California (“Property”), and future signage, are “on-site” signs as defined by the Los Angeles Municipal Code (“LAMC”) and an injunction restraining from enforcing and threatening to enforce the sign ordinance in a discriminatory and arbitrary fashion against Plaintiff. On April 26, 2018,...

Excerpt: ...ectly identify the appropriate corporate entity, CVS RX Services, Inc., who then answered the FAC on December 15, 2016. Trial is currently set for June 18, 2019. Defendants request that this Court issue an order (1) continuing the trial date by no less than 166 days, or in the alternative, to another date convenient for the Court more than 166 days after the current trial date; and (2) continuing all related motion and pre-trial deadlines accordi...

Excerpt: ... 4, 2018, Defendants filed an answer. On November 19, 2018, Plaintiff filed an ex parte requesting an Informal Discovery Conference, which was denied. On November 26, 2018, Plaintiff filed the instant motion to compel the deposition of Little Jewel's PMK, Beniger, and Kang and a request for sanctions in the total amount of $5,440.00. On December 28, 2018, Defendants filed an opposition. Legal Standard Service of a proper deposition notice obligat...

Excerpt: ...GA Capital Manager, LLC, AGA Cayman Master Fund Limited, AGA Capital X, LLC, AGA Holdings Corp. Inc., Mainspring Capital Management, LLC, Allen Chi (“Chi”), Alberto Tovar (“Tovar”), Ruth Chen (“Chen”), and Wandi Geng (“Geng”) (collectively “Defendants”). On September 21, 2018, the Court sustained Defendants' demurrer to the Complaint, and granted leave for Plaintiff to properly allege damages and certain statutory violations. ...

Excerpt: ... Plaintiff filed the First Amended Complaint (“FAC”), alleging three causes of action for: <0016000c00030051004800 0011[ Plaintiff alleges Ercilla, an employee of the Block Defendants, provided financial advice to Plaintiff and gained his trust. The Block Defendants represented Ercilla as a certified public accountant (“CPA”). Ercilla gained access to Plaintiff's checkbooks and convinced Plaintiff to add him as a joint account holder. Erc...

Excerpt: ...sonable warning. (Health & Saf. Code § 25249.6.) The State of California has officially listed Di(2-ethylhexyl) Phthalate (“DEHP”) as a chemical known to cause cancer and reproductive toxicity. (27 CCR §27001.) Private individuals may sue to enforce Proposition 65 if they give the requisite 60-day notice of intent to sue to the public prosecutors and to the potential defendants. (Health & Saf. Code § 25249.7(d); see also Center for Self-Im...

Excerpt: ... the parties before this court previously, and judgment was entered against the Cross- Complainants on all of these issues. Judicial Notice Cross-Defendants request judicial notice of seven documents previously filed in this case. A court may take judicial notice of the existence of each document in a court file, but can only take judicial notice of the truth of facts asserted in documents such as orders, findings of fact and conclusions of law, ...

Excerpt: ...nt that occurred on January 12, 2014, at the Golden Globes Awards held at the Beverly Hilton Hotel (Hotel). Plaintiff Stephen Winick alleges he was physically removed from the event, his personal property was taken from him, he was detained then forced to leave. On January 12, 2015, Plaintiff filed this action against Defendants Noble LA Events Inc. (“Noble”), John McKillop (“McKillop”), Dick Clark Productions, Inc. (“DCP”), and Hilto...

Excerpt: ....040. (Code Civ. Proc., § 2025.450, subd. (b)(2).) Plaintiffs' counsel Kane Moon met and conferred with Defendants' counsel telephonically in April 2018. (Moon Decl. ¶ 10.) Attorney Moon's associate Allen Feghali also met and conferred with Defendants' counsel. (Ibid.) The parties could not informally resolve the matter. Therefore, Plaintiffs satisfies the meet and confer requirement. Legal Standard Code of Civil Procedure section 2025.450, sub...

Excerpt: ... pending, Plaintiffs timely filed a first amended complaint (“FAC”) alleging the same two causes of action. On May 14, 2018, the Court sustained Hanmi's demurrer to each cause of action with leave to amend. The Court advised Plaintiffs that this would be the last opportunity to amend. On June 4, 2018, Plaintiffs filed the operative second amended complaint (“SAC”) alleging the same two causes of action: violation of Civil Code §§ 51(b) ...

Excerpt: ... motion must be made at the defendant's initial appearance in the action or within the time permitted to plead, unless the court extends the time for good cause shown. (CCP § 418.10(a).) As an initial matter, the Court finds that Artisan did not move to quash within the time allowed. Artisan was served by substituted service. Such service is deemed complete on the 10th day after mailing; thus, Artisan had 40 days after mailing to file a responsi...

Excerpt: ...ammy”). On December 29, 2017, Plaintiff in pro per filed the operative verified first amended complaint (“FAC”) against the same defendants in response to a pending demurrer by Kendrick and Mary. The FAC alleges the following four causes of action: (1) conspiracy to defraud, embezzle, and commit theft; (2) the power of attorney created by Kendrick Guidry was illegally obtained through fraud and coercion ...; and (3) abduction, abandonment, ...

Excerpt: ...ole, individually, (“Plaintiff Cole”) commenced this action against Defendants Montebello Care Center, LLC (“Montebello”) and Genesis Healthcare LLC (“Genesis”). The complaint alleges the following four causes of action: (1) elder abuse; (2) violation of Health & Safety Code section 1430 (against Montebello only); (3) negligent, hiring, supervision, and retention; and (4) wrongful death. The first through third causes of action are br...

Excerpt: ...ly sued as Windsor Gardens of Long Beach) (“Windsor Gardens”) and S&F Management Company, LLC (“S&F”). The complaint alleges four causes of action against Defendants for elder abuse, violation of Health & Safety Code § 1430(b), willful misconduct, and wrongful death. Ms. Bryant was 91 when she passed away on July 22, 2015 and resided at Windsor Gardens. The complaint alleges Ms. Bryant died as a result of Defendants' negligent care she r...

Excerpt: ... from the event, his personal property was taken from him, he was detained then forced to leave. On January 12, 2015 Plaintiff filed this action against Defendants Noble LA Events Inc. ('Noble"), John McKillop ("McKillop'), Dick Clark Productions, Inc. ("DCP"), and Hilton Management LLC ("Hilton')_ Plaintiff subsequently named the following Doe Defendants: Robert Dixon ("Dixon'), Thomas Applewhite C 'Applewhite"), Noble Associates Worldwide, Inc....

Excerpt: ...h a Request for Admissions, Set No. 1 (“RFAs”). As of the date of the declaration filed in support of this motion, June 28, 2018, Defendants have not served responses. Analysis When no response is made to a request for admissions, the propounding party may “move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted.” CCP § 2033.280(b). There is no meet and confer requ...

Excerpt: ...es the following facts: Redstone is 93 years old. During his life, he graduated from Harvard Law School, served in the Department of Justice, left the law to run his father's small drive-in theater company and built that company into National Amusements (a global leader in motion picture exhibition industry), and acquired Viacom, Inc., Paramount Pictures Corporation, CBS Corporation, and Infinity Broadcasting. In the waning years of his life, Red...

Excerpt: ...od product used to help correct immune deficiencies in patients. <0003004c00510056005800 0059004800550044004a>e with Defendants Health Care Services Corporation (“HCSC”) and Blue Cross of California. After confirming eligibility, Defendants authorized Plaintiff to provide monthly IVIG treatment for a total of six visits. Plaintiff alleges that in subsequent months, Defendants were unable to coordinate BM's care. Plaintiff also alleges that De...

Excerpt: ...2) breach of oral contract; (3) open book; (4) quantum meruit; and (5) foreclosure of mechanics' lien. The first through fourth causes of action are alleged against KNC, JYS, and Han. The fifth cause of action is alleged against all defendants. The complaint alleges the following facts: KNC, JYS and Han (collectively, “KNC-JYS-Han”) retained Plaintiff to provide general contracting services for the improvement of two restaurants: Holy Crab in...

Excerpt: ...ege ultimate facts sufficient to apprise the defendant of the factual basis for the claim against him. (Semole v. Sansoucie (1972) 28 Cal.App.3d 714, 721.) 1. Meet and Confer Before filing a demurrer or a motion to strike, the demurrer or moving party is required to meet and confer with the party who filed the pleading demurred to or the pleading that is subject to the motion to strike for purposes of determining whether an agreement can be reach...

Excerpt: ...l Code § 1793.2(a)(3); (4) violation of Civil Code §§ 1791.2(a), 1794); (5) violation of Civil Code §§ 1791.1, 1794; (6) violation of the Magnuson-Moss Warranty Act; and (7) fraud by omission. The complaint alleges the following facts: In or about July 2013, Plaintiff purchased a 2013 Chevrolet Cruz, which was manufactured and/or distributed by GM. Plaintiff purchased the vehicle from a person or entity engaged in the business of manufacturi...

Excerpt: ... took off too quickly, causing him to fall into the seat and injure himself. Analysis When no response is made to a request for admissions, the propounding party may “move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted.” CCP § 2033.280(b). There is no meet and confer requirement. Weil & Brown, Cal. Prac. Guide Civ. Pro. Before Trial (The Rutter Group 2015) ¶ 8:137...

Excerpt: ...ichael Tanner (“Tanner”) and his girlfriend, Christina Behle (“Behle”). The complaint alleges four causes of action for assault, battery, intentional infliction of emotional distress (“IIED”), and civil conspiracy. On December 5, 2017, Tanner answered the compliant and filed a cross-complaint against Plaintiff for assault, battery and IIED. Plaintiff filed an <0003001500130014001b00 11[ On March 28, 2018, the Court sustained Behle's d...

Excerpt: ...tion in violation of FEHA; (2) gender harassment in violation of FEHA; (3) disability discrimination in violation of FEHA; (4) retaliation in violation of FEHA; (5) retaliation for exercising right afforded an employee (Lab. Code § 98.6); (6) retaliation for whistleblowing (Lab. Code § 1106.6 et seq.); (7) defamation/slander; and (8) intentional infliction of emotional distress. The second, seventh and eighth causes of action are alleged agains...

Excerpt: ...rd The FAA governs contractual arbitration in written contracts involving interstate commerce, foreign commerce, or maritime transactions. 9 U.S.C. §§ 1, 2; AT&T Mobility LLC v. Concepcion (2011) 563 U.S. 333, 336. Because the FAA embodies a strong federal policy favoring arbitration, conflicting state law is preempted under the Supremacy Clause. Southland Corp. v. Keating (1984) 465 U.S. 1, 12; Marmet Health Care Ctr., Inc. v. Brown (2012) 565...

Excerpt: ...(1); see Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850 (the party moving for summary judgment bears an initial burden to demonstrate the absence of any triable issue of material fact on the elements of the claims it asserts or opposes).) “Thus, if a plaintiff who would bear the burden of proof by a preponderance of evidence at trial moves for summary judgment, he must present evidence that would require a reasonable trier of fact...

Excerpt: ...pert disclosure cut-off dates would be based on the continued trial date of 5/22/18. On 4/24/18, the court granted Plaintiff's former counsel's motion to withdraw. The trial was also continued to 8/21/18. The court's order does not mention a continuance of all discovery cut-offs. Therefore, discovery cutoff ended on 4/23/18, (4/22/18 was a Sunday) which is 30 days before the last trial date of 5/22/18. Cal Code Civil Procedure § 2024.020(a). Ass...

Excerpt: ...money caused by the unnecessary trial of damage questions.” Trickey v. Superior Court of Sacramento County (1967) 252 Cal. App. 2d 650, 653. The facts of the case must justify it. Foreman & Clark Corp. v. Fallon (1971) 3 Cal. 3d 875, 888, fn. 8. The only basis for the motion is that the defect at issue is trivial in Defendant's opinion, and Defendant intends to move for a nonsuit. Motion, 3:11-13. This does not establish that convenience of wit...

Excerpt: ...pulate that they are not making a claim for mental and emotional distress “over and above that usually associated with the physical injuries claimed” and that an expert on mental and emotional distress will not be presented at trial. Cal Code Civil Procedure §2032.320(c). Plaintiffs apparently claim that their emotional distress is “garden variety,” but refuse to stipulate to this or that they will not present an expert on emotional dist...

Excerpt: ... The court disregards Defendant's objections as they are not objections to evidence but to the material facts set forth in the Separate Statement. 2. As applicable to a Plaintiff's motion for summary adjudication, the motion can be granted if there is no merit to an affirmative defense or if the motion disposes of an issue of duty. Cal Code Civil Procedure § 437c(f)(1). Plaintiff seeks adjudication of two issues: that Defendant owed Plaintiff a ...

Excerpt: ...e. However, Defendant has shown good cause since the Plaintiff's deposition revealed the existence of a complete defense. There is authority for Defendant's claim that he has a statutory right to hear a summary judgment motion. Fast track rules must give way. Polibrid Coatings, Inc. v. Superior Court (2003) 112 Cal. App. 4th 920, 923. 2. Defendant's Motion for Leave to File a First Amended Answer, filed on 5/21/18, is GRANTED. Leave to amend is p...

Excerpt: ...Stores and 99 Cents Only Stores, LLC, alleging two causes of action for 1) premises liability, and 2) negligence. On April 19, 2018, Defendant 99 Cents Only Stores, LLC (“Defendant”) filed a demurrer and motion to strike portions of the Complaint. On May 19, 2018, Plaintiffs filed an opposition. On May 22, 2018, the Court continued the hearing on the motions to July 9, 2018 for lack of a meet and confer declaration. On May 23, 2018, the Court...

Excerpt: ...437c(p)(2). 1. Evidentiary objections. a. Plaintiff's objections to evidence. Pursuant to Cal. Code Civ. Proc. § 437c(q), the Court rules only on those objections to evidence that it deems material to its disposition of the motion. Objections to evidence that are not ruled on for purposes of the motion are preserved for appellate review. Cal. Code Civ. Proc. § 437c(q). Declaration of Mike Henn. #2, #3, #4. Sustained. #5. Overruled. #6. Overrule...

Excerpt: ...that they suffered any prejudice from any defect in service of the opposition. The motion hearing date was continued to 7/9/18, giving Defendants additional time to prepare a timely reply brief which has been considered. None of Plaintiff's evidence submitted in opposition has been considered as the documents have not been authenticated. Evidence Code § 1400. 2. “Spoliation” is “the destruction or significant alteration of evidence, or the...

Excerpt: ...d by the unnecessary trial of damage questions.” Trickey v. Superior Court of Sacramento County (1967) 252 Cal. App. 2d 650, 653. The facts of the case must justify it. Foreman & Clark Corp. v. Fallon (1971) 3 Cal. 3d 875, 888, fn. 8. Here, Defendants have not persuasively established that “liability is straightforward” or that Defendants are not liable for the incident because Plaintiff failed in his attempt to jump from the back of a cont...

Excerpt: ...endant was able to file a Reply brief, which has been considered. Ordinarily, if there is any prejudice resulting therefrom, the court can continue the hearing, but Defendant does not ask for a continuance. Mann v. Crachiolo (1985) 38 Cal.3d 18, 30. Substantive Discussion 2. Defendant is entitled to obtain discovery by means of a mental examination. Cal. Code Civ. Proc. § 2032.020.Mental examinations and those exams other than that described und...

Excerpt: ...on to Have Requests for Admission Deemed Admitted 2 The Court has considered Plaintiffs oppositions filed on 6/20/18, two days prior to the last scheduled hearing date for these motions. While untimely filed at the time, the hearing date was continued to 7/9/18, to avoid prejudice to Defendant An order compelling responses is no longer necessary. Plaintiffs counsel declares that verified responses were personally served on 6/20/18. Defendan€s R...

Excerpt: ...ndant, Nanfang Machino Facture Co., Ltd. (“Fenghua”) within three years. 1. Plaintiff is required to serve the complaint within three years after the action is commenced against that Defendant. Cal. Code Civ. Proc. §583.210(a). Fenghua, the only Defendant remaining in this action, was named in the First Amended Complaint, filed on 7/11/13. Accordingly, the 3-year limitation for service expired on 7/11/16. 2. A Plaintiff's failure to serve wi...

Excerpt: ...ve damages must be intended to cause injury or must constitute despicable conduct carried on by Defendant with a willful and conscious disregard of the rights of others. Civ Code § 3294(a). This is the definition of “malice.” “Oppression” is defined as despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of a person's rights. Cal Civ Code § 3294(c). Plaintiff alleges two claims for strict liabili...

Excerpt: ...le reflects that the following events took place. 11/9/17 Defendant filed a Motion for Summary Judgment 1/18/18 Plaintiff's ex parte application to continue the Motion for Summary Judgment hearing is GRANTED. The hearing is set for 2/26/18. 2/16/18 The court GRANTS Plaintiff's ex parte application for leave to file a late opposition to the Motion for Summary Judgment. The court orders that opposition be filed by 2/20/18. 2/26/18 The court GRANTED...

Excerpt: ...rder to protect the parties from unreasonable or oppressive demands including unreasonable violations of a witness's or consumer's right of privacy. Cal Code Civ Procedure § 1987.1. The right to privacy is protected by the California Constitution. Vinson v. Superior Court (1987) 43 Cal.3d 833, 839. Where privacy rights are implicated, Defendant has to show that the records are directly relevant to Plaintiff's claim and essential to the f...

Excerpt: ...otels Management Corp. (2012) 203 Cal.App.4th 403, 431. In order to impose liability on the owner for injury arising from a dangerous condition, “it must be shown that a dangerous condition existed and that the defendant knew or should have known of it. … No inference of negligence arises based simply upon proof of a fall upon the owner's floor.” Vaughn v. Montgomery Ward & Co. (1950) 95 Cal.App.2d 553, 556. Additionally, the Plaintiff ...

Excerpt: ...ral negligence, (2) premises liability and (3) negligent infliction of emotional distress. The premises liability cause of action includes: count one – negligence; count two - willful failure to warn pursuant to Civil Code section 846; and count three – dangerous condition of public property. The complaint alleges that on October 24, 2015, Plaintiff sat on a chair while on premises owned and controlled by Norms, and the chair broke thereby ca...

Excerpt: ...ereafter “Bank”). Declaration of David Benavente. All objections are OVERRULED. Mr. Benavente is the Asset Manager of Defendant/Cross-Complainant Cole. He has personal knowledge of the asserted facts. His declaration supports that the parties entered into the lease agreement. He sets forth the lease provisions at issue. The Declaration is supported by the actual lease agreement at Exhibits A and B. Declaration of Samuel Nora. Cole's attorney....

Excerpt: ...cident. The court continued the hearing to 3/22/18 on the issue of sanctions only to be imposed against Plaintiff and counsel. On 3/22/18, Plaintiff did not appear at the continued hearing on imposition of sanctions, and the court granted Defendants' request for sanctions in the amount of $2,000, to be paid within 30 days. See Defendants' Notice of Ruling filed 3/26/18. The court has discretion to award attorneys' fees and costs under Cal Code Ci...

Excerpt: ...). The motion can be supported by an affidavit of counsel based on information and belief as to the medical diagnosis and prognosis of any party. Code Civ. Proc., § 36.5 Plaintiff has shown that his health requires a preferential setting to avoid prejudicing Plaintiff's interests. Plaintiff was diagnosed in January 2018 for an un-staged lung adenocarcinoma. Motion, Ex. A. page 1. Fox v. Superior Court (2018) 21 Cal.App.5th 529, 534. He is presen...

Excerpt: .... Von's (1983) 146 Cal.App.3d 29, 32. If there is any resultingprejudice, the court can continue the hearing. Mann v. Crachiolo (1985) 38 Cal.3d 18, 30. Defendant did not suffer any prejudice since Defendant was able to file a reply brief which has been considered. A party can move to compel another's deposition where the deponent fails to appear or proceed with it. Cal. Code Civ. Proc. § 2025.450. Defense counsel has complied with the statutory...

Excerpt: ...he other party. Code Civ. Proc., § 473. The court has discretion to correct clerical errors in its judgment on its own motion. Defendants are in default and are therefore, “out of court” and are not entitled to notice or to file any other pleading. The effect of a default is to cut-off any of the defaulting Defendants' rights to object unless the default is set aside by the court. A & B Metal Products v. MacArthur Properties, Inc. (1970) 11 ...

Excerpt: ...Department of Transportation (2002) 27 Cal. 4th 198, 200-201; Gravelin v. Satterfield (2011) 200 Cal. App. 4th 1209, 1214 . An exception to this general rule states that the hirer remains liable if it retains control of the work and that retention of control affirmatively contributes to Plaintiff's injuries. Hooker v. DOT (2002) 27 Cal.4th 198; Tverberg v. Fillner Constr. (2012) 202 Cal. App. 4th 1439, 1446. Thus, the rule of non-liability un...

Excerpt: ...ed Complaint (“FAC”), alleging three causes of action for 1) Vehicular Negligence, 2) Negligence Per Se, and 3) Equitable Estoppel. The FAC arises from an automobile accident between Plaintiff and Johnson, an employee of LADOT. On September 6, 2016, she was rear ended by Defendants' vehicle because Johnson <0048000300290024002600 00030044004f004f0048[ges that on September 9, 2016, Plaintiff submitted a claim to the City with the claim number ...

Excerpt: ...submit an application to the public entity for leave to present a late claim. The late-claim application must be made “within a reasonable time not to exceed one year after the accrual of the cause of action and shall state the reason for the delay in presenting the claim.” Gov Code § 911.4(b). Petitioner submitted his late-claim application on 9/19/17, accompanied by a letter application dated 9/20/17. Motion Ex. B. The cause of action accr...

Excerpt: ...bility based upon competent expert testimony. Jones v. Ortho Pharm. Corp.(1985) 163 Cal. App. 3d 396, 402. The parties do not dispute the following material facts: The complaint alleges that Plaintiff presented to the emergency department of Alhambra Hospital Medical Center on 7/14/15, with heavy vaginal bleeding. UF 2. Defendant, Haiping Wang, M.D., was asked to consult. Dr. Wang suggested that patient undergo a D&C procedure. UF 3. Dr. Wang per...

Excerpt: ...n 3/2/17 does not reflect that Plaintiff served the Summons and Complaint on Defendant L.A. Care. The only document identified on the proof of service is a “Proof of Service Court.” The complaint must be served by someone other than a party to the action. Cal Code Civil Procedure § 414.10. The papers were improperly served by the Plaintiff in this action, as reflected on the proof of service filed with the court on 3/2/17. Plaintiff bears th...

Excerpt: ...er's deposition where the deponent fails to appear or proceed or produce documents for inspection without having served a valid objection. Cal. Code Civ. Proc. § 2025.450. Defense counsel has complied with the statutory requirements to meet and confer. Cal. Code Civ. Proc. 2025.450(b)(2). Defendant's counsel has attempted to resolve the issues informally after each of the three noticed depositions were cancelled at Plaintiff's request, witho...

Excerpt: ... which terminating sanctions are ordered pursuant to §2023.030(d). The complaint is dismissed. Defendant's request for monetary sanctions is DENIED for improper notice. The requesting party must identify in the notice, the person, party and/or attorney against whom the sanction is sought as well as the type of sanction sought. This information is not contained in the notice, and the body of the motion does not discuss imposition of sanctions. Ca...

Excerpt: ...year after the date of injury or the date when Plaintiff discovered or should have discovered the injury, whichever occurs first and no more than three years from the date of injury. Cal Code Civ Proc § 340.5. Plaintiff's suspicion of negligence would commence the running of the statute of limitations. Knowles v. Superior Court (2004) 118 Cal. App. 4th 1290, 1300. The statute begins to run if the Plaintiff has notice or information of circumstan...