Excerpt: ...e § 12940, et seq.); and 4) Retaliation in Violation of FEHA (Cal. Gov't Code § 12940, et seq.). LEGAL STANDARD “The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action . . . or of any separate issue . . . .” (Code Civ. Proc., § 1048,¿subd. (b).) Additionally, “[t]he court may, when the convenience of witnesses,...

Excerpt: ...ve Economic Advantage 7) Negligent Interference with Prospective Economic Advantage On August 26, 2022, Defendant filed a Demurrer and a Motion to Strike Plaintiff's Complaint. On September 22, 022, Plaintiff filed an opposition. On October 03, 2022, Defendant filed a reply. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. (See Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrer...

Excerpt: ...iff's Complaint. Plaintiff filed opposing papers on September 26, 2022. Defendants filed a reply on September 30, 2022. MEET AND CONFER Before filing a demurrer, the demurring party is required to meet and confer with the party who filed the pleading demurred, in person or telephonically, to determine whether an agreement can be reached through a filing of an amended pleading that would resolve the objections to be raised in the demurrer. (Code C...

Excerpt: ...alth Services Los Angeles County, Health Information Management, John Does and Jane Does Medical Practitioners, and Does 1 to 200. The Complaint alleges negligence and violations of the Ralph Act. On August 30, 2021, the Court convened the Case Management Conference. Plaintiff failed to appear, and no proofs of service or the CMC statement had been then filed. The Court set an Order to Show Cause Hearing as to why the Complaint should not be dism...

Excerpt: ... Ting Sung, and Ting Sung Insurance Agency. The complaint alleges the following causes of action, with some of the causes of action pleaded in separate counts against various Defendants: 1. Breach of Contract 2. Negligence 3. Negligent Failure to Obtain Insurance Coverage 4. Breach of the Implied Covenant of Good Faith and Fair Dealing 5. Breach of Fiduciary Duty 6. Professional Malpractice 7. Negligent Misrepresentation 8. Violation of Californi...

Excerpt: ...to 20) 2) Breach of the Implied Covenant in Escrow Contract (against Chartwell and Does 1 to 20) 3) Money had and received Common Counts (against U.S. Bank) 4) Breach of Fiduciary Duty (against Chartwell and Does 1 to 20) 5) Negligence (against Chartwell and Does 1 to 20) 7) Negligence (against Coldwell and Does 1 to 20) 8) Conversion (U.S. Bank and Does 1 to 20) 9) Preliminary and Permanent Injunction (against U.S. Bank and Chartwell) On March 1...

Excerpt: ...him. On May 18, 2022, the Court granted Plaintiff's motion to deem Requests for Admission (RFA) admitted. On September 16, 2022, Defendant moved for an order to be Relieved from Deemed Admissions. On September 21, 2022, Plaintiff filed a reply. Defendant filed an opposition on September 29, 2022. LEGAL STANDARD After a “deemed admitted order” has been entered, the party in default may seek relief from waiver by filing a motion to withdraw or ...

Excerpt: ...ment – Concealment; and (5) Fraudulent Inducement – Intentional Misrepresentation. On April 15, 2021, the Court granted Defendant's motion for summary adjudication as to the second, fourth, and fifth causes of action and the claim for punitive damages, leaving the first On May 23, 2022, Plaintiff accepted Defendant's section 998 Offer. On May 26, 2022, Plaintiff filed a Notice of Settlement. On August 17, 2022, Plaintiff filed a Memorandum of...

Excerpt: ...s Aimee Hernandez by and through her guardian ad litem Claudia C. Vasquez-Moran, Isabelle Hernandez by and through her guardian ad litem Claudia C. Vasquez-Moran, and Dora Moran de Vasquez (“Plaintiffs”) filed the instant action against Defendants Annette Green (“Green”), the City of Los Angeles (“City”), the County of Los Angeles (“County”), LAUSD, and Does 1 to 50. On September 4, 2018, the City filed a Cross-Complaint against G...

Excerpt: ... On July 08, 2022, Respondent David Sergenian filed an Opposition to the Motion. Another opposition by Sergenian was filed on August 19, 2022; presumably in response to Petitioner filing a Memorandum of Points and Authorities in Support of Petition on August 05, 2022. Respondents John Pierce and Bainbridge Beck Price & Hecht LLP filed an opposition on July 15, 2022. No Reply has been filed. The hearing was continued to allow the parties to submit...

Excerpt: ...each of Implied Warranty; 3) Violation of the Song-Beverly Act Section 1793.2; 4) Fraudulent Inducement – Concealment; and 5) Fraudulent Inducement – Intentional Misrepresentation. On March 1, 2021, this Court heard and granted Defendant Kia's Motion for Summary Adjudication as to Plaintiff's first, second, fourth and fifth causes of action, leaving only the third cause of action. On August 12, 2022, Judgment was granted in favor of Defendant...

Excerpt: ... 3) Fraud; and 4) Negligent Misrepresentation. Trial is scheduled for October 17, 2022. On August 31, 2022, Plaintiffs moved to Compel Defendant Kathryn Davenel to Appear and Produce Documents at Trial. Plaintiffs also filed a separate statement outlining Defendant's objections to the documents requested and asks the Court to overrule the objections. Defendant filed opposing papers on September 19, 2022. Plaintiff filed a reply on September 26, 2...

Excerpt: ...ment was filed. On April 18, 2022, Plaintiff filed a Memorandum of Costs. On April 18, 2022, the Court awarded Plaintiff's counsel $34,540.00 in attorney fees. (Min. Or. 04/18/22.) On August 10, 2022, Defendant's Motion to Tax Cost was denied. (Min. Or. 08/10/22.) On September 07, 2022, Plaintiff's counsel filed a supplemental motion for attorney's fees seeking to recover fees for fees incurred in opposing Defendant's Motion to Tax Costs. Plainti...

Excerpt: ...against Defendant SEE and Does 1 to 10) 2) Successor Liability (against Defendants SAI, SGEI, and Does 1 to 10) 3) Statutory Liability for Violation of Bulk Sale Statutes (against Defendants SAI, SGEI, and Does 1 to 10) 4) Intentional Voidable Transfer (against all Defendants) 5) Constructive Voidable Transfer (against all Defendants) 6) Constructive Voidable Transfer (against all Defendants) On May 24, 2022, Defendants SEE, SAI, and SGEI filed a...

Excerpt: ... to Engage in the Interactive Process in Violation of FEHA 6. Pregnancy Discrimination in Violation of FEHA 7. Disability Discrimination (FEHA)- Wrongful Termination 8. Retaliation in Violation of CEFRA 9. Wrongful Termination in Violation of Public Policy 10. Failure to Prevent and/or Remedy Discrimination and Retaliation 11. Defamation Per Se/Per QUOD 12. IIED On June 23, 2022, Defendant Anthem, Inc. filed a Motion to Compel Arbitration. Plaint...

Excerpt: ...lectively “Plaintiffs”) from nonparty dealer Puente Hills Ford, under a Retail Installment Sale Contract – Simple Finance Charge (With Arbitration Provision) (“Sales Contract”). The Plaintiffs allege that the Subject Vehicle has defects in breach of certain warranties under California's Song-Beverly Consumer Warranty Act (“SBA”). On April 28, 2021, Plaintiffs filed this Complaint against defendants: 1) El Centro Motors, a repair fac...

Excerpt: ...d amended complaint (SAC) alleges: 1) Breach of Escrow Contract (against Chartwell and Does 1 to 20) 2) Breach of the Implied Covenant in Escrow Contract (against Chartwell and Does 1 to 20) 3) Money had and received Common Counts (against U.S. Bank) 4) Breach of Fiduciary Duty (against Chartwell and Does 1 to 20) 5) Negligence (against Chartwell and Does 1 to 20) 7) Negligence (against Coldwell and Does 1 to 20) 8) Conversion (U.S. Bank and Does...

Excerpt: ...ursuant to Government Code §12940(m); 3) Failure to Engage in a Timely and Good Faith Interactive Process, Pursuant to Government Code §12940(n); 4) Retaliation, Pursuant to Government Code §§12940(h) and 12940(m); 5) Failure to Prevent Discrimination and Retaliation, Pursuant to Government Code §12940(k); 6) Harassment in Violation of Government Code §12940(h); 7) Failure to Pay Overtime Wages (Labor Code §510); 8) Failure to Pay Minimum ...

Excerpt: ...ligence; 2) Breach of Contract; and 3) Breach of Fiduciary Duty. On August 23, 2022, Plaintiff filed this Motion seeking leave to file a Second Amended Complaint (SAC). A notice of non-opposition was filed on September 14, 2022. LEGAL STANDARD Leave to amend is permitted under Code of Civil Procedure section 473, subdivision (a) and section 576. California courts are required to permit liberal amendment of pleadings in the interest of justice bet...

Excerpt: ...ment in violation of FEHA; 2) Discrimination in violation of FEHA; 3) Retaliation in violation of FEHA; and 4) Failure to take necessary remedial action in violation of FEHA. On June 27, 2022, Plaintiff brought a Motion to Compel Further Responses to Request for Production of Documents, Set One, and Monetary Sanctions. No opposition or reply has been filed. On August 19, 2022, an Informal Discovery Conference (IDC) was held but no resolution was ...

Excerpt: ...– Concealment; and (5) Fraudulent Inducement – Intentional Misrepresentation. On April 15, 2021, the Court granted Defendant's motion for summary adjudication as to the second, fourth, and fifth causes of action and the claim for punitive damages, leaving the first and third causes of action. On May 23, 2-22, Plaintiff accepted Defendant's section 998 Offer. On May 26, 2022, Plaintiff filed a Notice of Settlement. On August 17, 2022, Plaintif...

Excerpt: ...ce) Survival Action (CCP§ 377.30) 3) Wrongful Death Battery (CCP § 377.60) 4) Violation of the Bane Act (Civ. Code § 52.1) On July 08, 2022, Defendants filed this Motion for Summary Judgment, or in the alternative, Summary Adjudication. On September 08, 2022, the Plaintiffs filed opposition papers. On September 15, 2022, Defendant filed a reply. LEGAL STANDARD The purpose of a motion for summary judgment or summary adjudication “is to provid...

Excerpt: ...he vehicle within the course and scope of her employment with MV Transportation at the time of the subject accident. On April 16, 2019, Decedent's mother, Katherine Rivers, initiated the present action. On December 10, 2019, the operative First Amended Complaint was filed. The First Amended Complaint alleges the following causes of action: (1) Negligence/Wrongful Death, and (2) Survival Action. On July 9, 2019, Jocelyn Newman, Decedent's wife, in...

Excerpt: ... a five-year suspension. Despite Ortiz's suspension, he continues to engage in the unauthorized practice of the law. For this reason, the State Bar petitions this Court to assume jurisdiction over the law practice of Salvador Ortiz. On June 24, 2022, the State Bar applied ex parte for and was granted an interim order assuming jurisdiction over Ortiz's law practice. LEGAL STANDARD Business and Professions Code section 6180 provides: “When an att...

Excerpt: ...) Fraudulent Inducement – Concealment; and 5) Fraudulent Inducement – Intentional Misrepresentation. On November 11, 2021, Defendant moved for summary adjudication of Plaintiff's second, third, fourth, and fifth causes of action. The Court granted summary adjudication as to the fourth and fifth causes of action and denied adjudication as to the second and third causes of action. (Min. Or. 02/07/22.) On January 20, 2022, this Court granted Pla...