Excerpt: ...d Class (against BFI, Republic, and Does 1-100); 2. Age Discrimination (against BFI, Republic, and Does 1-100); 3. Disability Discrimination (against BFI, Republic, and Does 1-100); 4. Failure to Prevent Discrimination and Harassment (against BFI, Republic, and Does 1-100); 5. Harassment – Gov. Code § 12940(j) (against all Defendants); 6. Retaliation – Gov. Code § 12940(h) (against BFI, Republic, and Does 1-100); 7. Retaliation – Labor Co...

Excerpt: ...Beverly Act Section 1793.2; 4. Fraudulent Inducement – Concealment; 5. Fraudulent Inducement – Intentional Misrepresentation. KMA has filed the instant Demurrer. Legal Standard on Demurrer A demurrer for sufficiency tests whether the complaint states a cause of action. Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747. When considering demurrers, courts read the allegations liberally and in context. (Wilson v. Transit Authority of City of Sacrame...

Excerpt: ...olicy; 4. Violation of California Constitution; 5. Violation of California Government Code § 12900, et seq.; 6. Intentional Infliction of Emotional Distress; 7. Violation of Business & Professions Code § 17200; 8. Violation of Consumers Legal Remedy Act; 9. Fraud, Negligent Misrepresentation, Concealment; and 10. Violation of California Labor Code – Protection of Whistleblower. On September 20, 2019, Defendants Whole Body Research, LLC and On...

Excerpt: ...i, and Sabrina Schalk as Plaintiffs and EMC Concord, LLC; EMC Irvine, LLC; and EMC Santa Row, LLC as Does 1-3. It asserts causes of action for: 1. Civil Penalties under PAGA [Cal. Lab. Code § 2699, et seq.]; 2. Fair Labor Standards Act [29 U.S.C. § 201, et seq.]; 3. Failure to Pay Minimum and Straight Time Wages [Cal. Lab. Code §§ 1194, 1194.2, and 1197]; 4. Failure to Pay Overtime Compensation [Cal Lab. Code § 1194 and 1198]; 5. Failure to ...

Excerpt: ... Violation of Government Code § 12940, et seq.; 5. Wrongful Termination in Violation of Public Policy; 6. Breach of Written Contract; 7. Breach of the Implied Covenant of Good Faith and Fair Dealing; 8. Failure to Provide Employment Records in Violation of Labor Code §§ 226 & 1198.5. Defendant AIDS Healthcare Foundation has filed this Demurrer. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action. Hahn...

Excerpt: ....); 2. Harassment Based on Race and/or Color (Government Code § 12940 et seq.); 3. Sexual Harassment (Government Code § 12940 et seq.); 4. Failure to Prevent Harassment and Hostile Work Environment (Government Code § 12940 et seq.); 5. Retaliation (Government Code § 12940 et seq.); and 6. Constructive Wrongful Termination in Violation of Public Policy. Plaintiff moves to quash five deposition subpoenas for production of business records. Lega...

Excerpt: .... The Complaint asserts causes of action for: 1. Statutory Claim for Failure to Comply with B & P.C. § 7159; 2. Fraud; 3. Negligence; 4. Breach of Fiduciary Duty; 5. Breach of Contract; and 6. Common Count – Money Had and Received. On April 25, 2019, the instant action was consolidated with LASC Case No. 18STCV01317 entitled Korak, et al. v. Better Building Construction, Inc., et al. (the “Consolidated Case”) for all purposes. The Consolid...

Excerpt: ... Group, LLC); and Does 1 to 100. The Complaint asserts causes of action for: 1. Strict Products Liability; 2. Negligence; 3. Breach of Contract; 4. Breach of the Implied Covenant of Good Faith and Fair Dealing; 5. Declaratory Relief; 6. Negligent Infliction of Emotional Distress; 7. Violation of California Unfair Competition Law; and 8. Quasi-Contract/Unjust Enrichment. On March 6, 2017, the Court granted Defendant U-Haul International, Inc.'s (h...

Excerpt: ...ve and file a notice of motion to strike the whole or any part thereof. (Code of Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, Rule 3.1322(b).) The court may, upon a motion or at any time in its discretion and upon terms it deems proper: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court ...

Excerpt: ...ldings, LLC; PV Holding Corp; Avis Budget Rent-A-Car; and Avis Budget Rent-A-Car Hawthorne (H8C). On July 9, 2019, Plaintiffs filed their Second Amended Complaint (“SAC”), asserting causes of action for: 1. Strict Product Liability; 2. Negligence; 3. Wrongful Death (Strict Product Liability); 4. Negligence (Maintenance and Repair); 5. Wrongful Death (Negligence); 6. Intentional Misrepresentation; 7. Negligent Misrepresentation; 8. Negligence ...

Excerpt: ...ust show is that it properly served its discovery requests, that the time to respond has expired, and that the party to whom the requests were directed failed to provide a timely response. (See Leach v. Superior Court<00030005003e0052004000 004400550057005c0040[ 'fail[ed] to serve a timely response,' the trial court had authority to grant [opposing party's] motion to compel responses." (Sinaiko Healthcare Counseling, Inc. v. Pacif...

Excerpt: ...; 2. Violation of Subdivision (b) of Civil Code section 1793.2 (against FCA); 3. Violation of Subdivision (a)(3) of Civil Code section 1793.2 (against FCA); 4. Breach of Express Written Warranty (Civ. Code § 1791.2, subd. (a); § 1794) (against FCA); and 5. Breach of the Implied Warranty of Merchantability (Civ. Code § 1791.1; § 1794). On March 11, 2019, Plaintiff filed a Notice of Settlement. At the time the Notice of Settlement was filed, tr...

Excerpt: ...raudulent Inducement – Concealment; and 5. Fraudulent Inducement – Intentional Misrepresentation. Legal Standard on Demurrer A demurrer for sufficiency tests whether the complaint states a cause of action. Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747. When considering demurrers, courts read the allegations liberally and in context. (Wilson v. Transit Authority of City of Sacramento (1962) 199 Cal.App.2d 716, 720-21.) In a demurrer proceeding...

Excerpt: ...raudulent Inducement – Concealment; and 5. Fraudulent Inducement – Intentional Misrepresentation. Legal Standard on Demurrer A demurrer for sufficiency tests whether the complaint states a cause of action. Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747. When considering demurrers, courts read the allegations liberally and in context. (Wilson v. Transit Authority of City of Sacramento (1962) 199 Cal.App.2d 716, 720-21.) In a demurrer proceeding...

Excerpt: ...eging causes of action for: 1. Private Nuisance 2. Breach of Warranty of Habitability 3. Negligence 4. Breach of Covenant of Good Faith and Fair Dealing 5. Breach of Implied Covenant and Quiet Enjoyment 6. Violation of California Civil Code § 1942.4 On August 29, 2019, Plaintiff filed an Ex Parte application for an order granting leave to amend or in the alternative, to shorten the time for notice and hearing of Plaintiff's motion for leave to a...

Excerpt: ...instant motion to allow the parties to file supplemental briefing and ordered Plaintiff to file the First Amended Complaint (“FAC”). On August 16, 2019, the FAC was filed. The FAC added Michaela Slezak, Debbie Yi, and Sabrina Schalk as Plaintiffs and EMC Concord, LLC; EMC <0010001600110003002c00 00560003004600440058[ses of action for: 1. <00150019001c001c000f00 0040001e[ 2. Fair Labor Standards Act [29 U.S.C. § 201, et seq.]; 3. Failure to P...

Excerpt: ...der dismissing the petition. Legal Standard California law incorporates many of the basic policy objectives contained in the Federal Arbitration Act, including a presumption in favor of arbitrability. (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 971-72.) The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, the party opposing the petition then bears the...

Excerpt: ...ic Policy (against LCW); 3. Violation of California Constitution; 4. Violation of California Government Code § 12900, et seq.; 5. <0014001a00150013001300 1e[ 6. Fraud; 7. Intentional Infliction of Emotional Distress; 8. Violation of Civil Code § 51, et seq.; 9. Violation of Labor Code – Rest, Meal Period (against LCW); 10. <0036005700440057004800 004a0044004c00510056[t LCW); and 11. Violation of California Labor Code § 1102.5 – Whistleblow...

Excerpt: ... Harassment, Discrimination, and Retaliation; 7. Labor Code §§ 98.6 and 1102.5; and 8. Adverse Action in Violation of Public Policy. On September 12, 2018, Plaintiff filed a Request for Dismissal, dismissing without prejudice Defendant Whole Foods Market, Inc. and the second cause of action for Harassment. On September 11, 2019, the Court continued the hearing on the instant motion to September 25, 2019 due to technical difficulties associated ...

Excerpt: ...ic's Lien; 3. Open Book Account; 4. Reasonable Value of Labor and Materials Furnished; and 5. Breach of Implied Covenant of Good Faith and Faith Dealing. On May 4, 2018, two Amendments to Complaint (Fictitious/Incorrect Name) were filed, correcting 1617 Viewpoint Dr., LLC to 1617 Viewmont Dr., LLC and 1617 Viewpoint Dr1, LLC to 1617 Viewmont Dr1, LLC. On May 11, 2018, Defendant 1617 Viewmont Dr., LLC, erroneously sued as 1617 Viewpoint Dr., LLC a...

Excerpt: ... for summary judgment and on June 24, 2019, judgment was entered against Defendants in the amount of $225,094.03. Legal Standard Attorneys' fees are allowed as costs when authorized by contract, statute, or law. (Code Civ. Proc, § 1033.5, subd. (a)(10)(B).) The attorney bears the burden of proof as to “reasonableness” of any fee claim. (Code Civ. Proc., § 1033.5(c)(5).) This burden requires competent evidence as to the nature and value of t...

Excerpt: ... the Complaint. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action. Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747. When considering demurrers, courts read the allegations liberally and in context. (Wilson v. Transit Authority of City of Sacramento (1962) 199 Cal.App.2d 716, 720-21.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabed...

Excerpt: ...abor Code §§ 226.7 and 512); 4. <001800140013000f000300 00510047000300140014[94 et seq.); 5. Failure to Pay Wages Due Upon Termination: Waiting Time Penalties (Labor Code §§ 201, 202, 203); 6. Failure to Issue Accurate Itemized Wage Statements (Labor Code § 226, 226.3); and 7. Unlawful/Unfair Business Practice (Cal. Business & Professions Code § 17200, et seq.). On November 15, 2018, Plaintiffs filed a Request for Dismissal, dismissing with...

Excerpt: ...n June 5, 2019 Defendant filed an Answer and on June 27, 2019, filed the First Amended Answer. Plaintiffs demur to the Amended Answer. Legal Standard An answer to a complaint shall contain (i) the general or specific denial of the material allegations of the complaint controverted by the defendant and (ii) a statement of any new matter constituting a defense. (Code of Civ. Proc., § 431.30(b).) The same pleading of ultimate facts, rather than mer...

Excerpt: ...ific Capital Trust, against Monterey Bay View Estates, LLC; South Bay Contractors, Inc.; Avraham Hassid; Mike Amidnamin; and Does 1 through 25, also alleges Defendants Hassid and Amidnamin executed written personal guarantees for the debt. The FAC alleges Defendants have failed to make the agreed upon payments and misrepresented that they would not sell the Klamath Street property without notifying Rabi Setareh ahead of time so he could protect h...

Excerpt: ...de section 1793.2; 3. Violation of Subdivision (a)(3) of Civil Code section 1793.2; 4. Breach of Express Written Warranty (Civ. Code § 1791.2, subd. (a); § 1794); 5. Breach of the Implied Warranty of Merchantability (Civ. Code § 1791.1; § 1794); 6. Violation of the Magnuson-Moss Warranty Act; and 7. Fraud by Omission. On March 7, 2019, Plaintiffs filed a Notice of Settlement of Entire Case, and now seek attorney's fees by this Motion. Legal S...

Excerpt: ...nt (hereinafter “Exclusive Agreement”) whereby Jinlong appointed GSC, Inc. as its sole and exclusive sales representative for nationwide retail chain stores in North American and South America for trash can and bathroom accessory items. On December 24, 2018, Jinglong and EKKA International Co., Ltd. (“EKKA”) (collectively referred to as “Petitioners”) filed a Petition to Vacate Contractual Arbitration Award. The Petition was personall...

Excerpt: ...intiff's motion for leave to file Fourth Amended Complaint (“FAC”). The FAC asserts causes of action for: 1. Intentional Infliction of Emotional Distress; 2. Violation of California Civil Code § 43; 3. Violation of California Civil Code § 51.7; 4. Violation of California Civil Code § 52.1; 5. Negligence (against Tessie Cleveland Community Services Corp.); and 6. Professional Negligence (against Christie Barboza). On August 6, 2019, Defenda...

Excerpt: ... Discrimination, and Retaliation; 7. Labor Code §§ 98.6 and 1102.5; and 8. Adverse Action in Violation of Public Policy. On September 12, 2018, Plaintiff filed a Request for Dismissal, dismissing without prejudice Defendant Whole Foods Market, Inc. and the second cause of action for Harassment. Defendant Mrs. Gooch's Natural Food Markets, Inc. dba Whole Foods Market (hereinafter “Defendant”) moves for an order compelling Plaintiff to appear...

Excerpt: ...a; Hyundai Motor Group; Avis Budget Group, Inc.; Avis Budget Car Rental, LLC; Avis Budget Holdings, LLC; PV Holding Corp; Avis Budget Rent-A-Car; and Avis Budget Rent-A-Car Hawthorne (H8C). On July 9, 2019, Plaintiffs filed their Second Amended Complaint (“SAC”), asserting causes of action for: 1. Strict Product Liability; 2. Negligence; 3. Wrongful Death (Strict Product Liability); 4. Negligence (Maintenance and Repair); 5. Wrongful Death (N...

Excerpt: ...3.2; 4. Breach of Express Written Warranty (Civ. Code § 1791.2, subd. (a); § 1794); 5. Breach of the Implied Warranty of Merchantability (Civ. Code § 1791.1; § 1794); 6. Violation of the Magnuson-Moss Warranty Act; and 7. Fraud by Omission. On September 27, 2019, the Court sustained Defendant's demurrer to the seventh cause of action without leave to amend and granted Defendant's motion to strike punitive damages without leave to amend. Plain...

Excerpt: ...Amended Complaint (“FAC”). The FAC asserts causes of action for: 1. Intentional Infliction of Emotional Distress; 2. Violation of California Civil Code § 43; 3. Violation of California Civil Code § 51.7; 4. Violation of California Civil Code § 52.1; 5. Negligence (against Tessie Cleveland Community Services Corp.); and 6. <00450052005d0044000c00 110003[ Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of...

Excerpt: ...lement of Entire Case. Plaintiff has filed this motion for an award of attorney's fees. Legal Standard Attorneys' fees are allowed as costs when authorized by contract, statute, or law. (Code Civ. Proc, § 1033.5, subd. (a)(10)(B).) In a lemon law action, costs and expenses, including attorney's fees, may be recovered by a prevailing buyer under the Song-Beverly Act. (See Civ. Code, § 1794(d).) Section 1794 provides: If the buyer prevails in...

Excerpt: ... Keller Williams Brentwood (“Keller”), and Does 1 through 50 as Defendants. On May 30, 2019, Plaintiff filed the Third Amended Complaint (“TAC”), which asserts causes of action for: 1. Negligence; 2. Breach of Fiduciary Duty; 3. Constructive Fraud; 4. Fraudulent Misrepresentation; 5. Negligent Misrepresentation; 6. Violation of Civil Code §§ 1102, et seq.; and 7. Breach of Contract. On June 26, 2019 Defendant Keller (hereinafter “Defe...

Excerpt: ...ar class action filed in 2014 in San Francisco, Robatto v. Drybar Holdings, LLC, San Francisco County Superior Court Case No. CGC-14-540275. A claims-made settlement of $1.3 million, for a class consisting of “all persons who worked for [Drybar] in California as an hourly shop employee and/or assistant manager at any time between June 27, 2010 and November 25, 2015” was approved in that case in April 2016. The instant case differs from Robatt...

Excerpt: ... dba Keller Williams Brentwood, and Does 1 through 50 as Defendants. On May 30, 2019, Plaintiff filed the Third Amended Complaint (“TAC”), which asserts causes of action for: 1. Negligence; 2. Breach of Fiduciary Duty; 3. Constructive Fraud; 4. Fraudulent Misrepresentation; 5. Negligent Misrepresentation; 6. Violation of Civil Code §§ 1102, et seq.; and 7. Breach of Contract. On July 12, 2019, Defendants Simel and Kingstone (hereinafter “...

Excerpt: ...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 Green, asserting causes of action ...

Excerpt: ...tiffs 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 again...

Excerpt: ...ld and Olivia Prime; and 6. 17U03236 against Defendant Chris Beam. <0046005200510056005200 00440051004700030057[he Court designated 17U03166 as <0044005600030055004800 00480047000300570052[ Civil Unlimited jurisdiction. <0057004800470003004400 0044004f005200500044[ Street, Los Angeles, CA 90021. All of them concern a 3-day notice to pay rent or quit dated March 10, 2018. Possession is no longer at issue in the cases. On January 18, 2019, Defendan...

Excerpt: ...0460057004c005200 510003004900520055001d0003[ 1. Fraud; 2. Conversion; 3. Breach of Fiduciary Duty; 4. Unjust Enrichment; 5. Constructive Trust; and 6. Declaratory Relief. On June 14, 2019, Defendant Ashby filed a Cross-Complaint against Plaintiffs Ramlie and Jordan as individuals and Roes 1 through 100. The Cross-Complaint asserts causes of action for: 1. Intentional Infliction of Emotional Distress; 2. Defamation; and 3. Extortion (California P...

Excerpt: ...Religious Corporation…, and doing business under the name “Youth Outreach Church of God in Christ.” (Complaint ¶1.) Defendants Josephine Cowan, Trazette Goodman, and Ellesse Goodman (collectively “Defendants”) demur to the 1 st (quiet title), 2 nd (slander of title), and 3 rd (cancellation of cloud of title) causes of action in the complaint. Legal Standard C.C.P. §430.10 provides, in pertinent part, as follows: “The party against w...

Excerpt: ...rther responses to a demand for inspection or production of documents (“RFP”) may be brought based on: (1) incomplete statements of compliance; (2) inadequate, evasive or incomplete claims of inability to comply; or (3) unmerited or overly generalized objections. (Code Civ. Proc., § 2031.310(c).) Motions to compel further responses must always be accompanied by a meet-and confer-declaration (Code Civ. Proc., § 2016.040) demonstrating a “r...

Excerpt: ...Prevent Discrimination, Harassment, and Retaliation in Violation of FEHA; 5. Breach of Express Oral Contract Not to Terminate Without Good Cause; 6. Breach of Implied-in-Fact Contract Not to Terminate Without Good Cause; 7. Negligent Hiring, Supervision, and Retention; 8. Wrongful Termination of Employment in Violation of Public Policy; 9. Violation of Labor Code § 1102.5; and 10. Intentional Infliction of Emotional Distress. Plaintiff moves to ...

Excerpt: ... Section 1793.2; and 4. Fraudulent Inducement – Concealment. Defendant demurs to the second cause of action for violation of Song-Beverly Act, breach of implied warranty on the grounds that it is untimely, and to the fourth cause of action for lack of specificity. Legal Standard on Demurrer A demurrer for sufficiency tests whether the complaint states a cause of action. Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747. When considering demurrers, ...

Excerpt: ...er 18, 2017, on the Court's own motion, the case was dismissed with the Court retaining jurisdiction to enforce the terms of the settlement pursuant to CCP section 664.6. Legal Standard on Motion to Enforce Settlement Code of Civil Procedure section 664.6 provides: If the parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part the...

Excerpt: ...Code section 1793.2; 4. Breach of Express Written Warranty (Civ. Code § 1791.2, subd. (a); § 1794); 5. Breach of Implied Warranty of Merchantability (Civ. Code § 1791.1; § 1794); and 6. Violation of Magnuson-Moss Warranty Act. Plaintiff moves for an order striking Defendant's objections and to compel further responses to Plaintiff's Request for Production of Documents, Set One, Nos. 7, 10, 17, 19-24, 36, 38-43, 59, 66, 67, 71-74, 78, 86, and ...

Excerpt: ...); 3. Corporate Alter Ago (against Pena); 4. Successor Defendants (against Pena, Tellez, and Fernandez Wholesale, Inc.); and 5. Shareholder Defendants (against Pena and Tellez). Defendants demur to all five causes of action in the Complaint on statute of limitations grounds and for failure to state a cause of action Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4t...

Excerpt: ...or: 1. Constructive Eviction; 2. Breach of Contract; 3. Breach of the Covenant of Quiet Enjoyment; 4. Breach of Implied Warranty of Habitability; 5. Tortious Breach of Implied Warranty of Habitability; 6. Negligence; 7. Private Nuisance; 8. Intentional Infliction of Emotional Distress; 9. Violation of Los Angeles Municipal Code section 151.04; 10. Violation of California Civil Code section 1942.4; 11. Violation of California Civil Code section 19...

Excerpt: ...nt, which provided Plaintiffs' title insurance, acted in bad faith by improperly favoring Plaintiffs' neighbors, “Shih/Ko,” in the dispute over the alleged encroachment and failed to pay Plaintiffs adequate damages to compensate for the diminution in value of their property caused by the encroachment. In the operative Second Amended <0049000300440046005700 0003[ 1. Breach of Contract by Escrow Agents and Fiduciaries for Failure to Comply with...

Excerpt: ...r: 1. Traditional and/or Administrative Writ of Mandate (CCP §§ 1085, 1094.5) [against Respondents, Defendants, and Real Parties in Interest]; 2. Violation of Substantive and Procedural Due Process [against Respondents and Defendants]; 3. Mandatory Injunctive Relief (CCP § 526) [against Respondents and Defendants]; 4. Declaratory Relief (CCP § 1060) [against Respondents and Defendants]; and 5. Inverse Condemnation and Taking Without Compensat...

Excerpt: ...dulent Inducement – Concealment; and 5. Fraudulent Inducement – Intentional Misrepresentation. Defendant Kia Motors America, Inc. demurs to the third, fourth, and fifth causes of action. Legal Standard on Demurrer A demurrer for sufficiency tests whether the complaint states a cause of action. Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747. When considering demurrers, courts read the allegations liberally and in context. (Wilson v. Transit Aut...

Excerpt: ...tion and Retaliation in Violation of Gov't Code § 12940(k); 4. Failure to Provide Reasonable Accommodations in Violation of Gov't Code §§ 12940, et seq.; 5. Failure to Engage in a Good Faith Interactive Process in Violation of Gov't Code §§ 12940, et seq.; 6. Violation of California Family Rights Act, Gov't Code §§ 12945.2, et seq.; 7. Declaratory Judgment; and 8. Wrongful Termination in Violation of Public Policy. Defendant Commonwealth P...

Excerpt: ...fendants Avraham Hassid and Mike Amidnamin executed written personal guarantees for the debt. The FAC alleges Defendants have failed to make the agreed upon payments and misrepresented that they would not sell the Klamath Street property without notifying Rabi Setareh ahead of time so he could protect his lien on the property. Plaintiff named Defendants Hassid and Amidnamin in their individual capacities as well as their capacities as officers fo...

Excerpt: ...n of Labor Code section 203; (4) failure to keep accurate records in violation of Labor Code section 226; (5) violation of Business and Professions Code section 17200 et seq.; and (6) discrimination based on disability in violation of Government Code section 12940, et seq. After engaging in mediation, the parties reached a Settlement Agreement and Mutual Release (“Settlement Agreement”) which was signed by plaintiff Luis Flores, and by Fernan...

Excerpt: ... California Department of Education, about apparent fraudulent financial activities within NOO. In the First Amended Complaint filed on July 25, 2018, Plaintiff alleges causes of action for: (1) retaliation (Lab. Code, § 1102.5), (2) retaliation (Lab. Code, § 232.5), (3) disability discrimination (Gov. Code, § 12940(a)), (4) disability harassment (Gov. Code, § 12940(j)), (5) retaliation (Gov. Code, § 12940(a)), (6) failure to take reasonable...

Excerpt: ... (“Reliance”) who informed her that Los Angeles Department of Water and Power (“LADWP”) was responsible for the damage because its water main break had caused the sidewalk to collapse on her house's pipe and destroy it. Plaintiff brought a claim with LADWP. LADWP's claim investigator recommended that Plaintiff use Har- Bro, Inc. as the “drying” company for her property. Har-Bro informed Plaintiff that Reliance had merely dumped “kit...

Excerpt: ...r name when they were selling their makeup. In her Complaint, the Plaintiff seeks punitive damages. The Defendants filed this motion to strike the claim for punitive damages from the Complaint. CCP section 435 authorizes any party, within the time allowed to respond to a pleading to serve and file a notice of motion to strike the whole of or any part of a pleading. Further, CCP section 436 authorizes the court, upon a motion or at any time in its...

Excerpt: ...ants demurrer to the entire complaint on the grounds that the three causes of action fail to state facts sufficient to sustain a cause of action and are uncertain. Legal Standard on Demurrer A demurrer for sufficiency tests whether the complaint states a cause of action. Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747. When considering demurrers, courts read the allegations liberally and in context. (Wilson v. Transit Authority of City of Sacrament...

Excerpt: ...ov. Code § 1940(h)); 4. Failure to Prevent/Remedy Discrimination, Harassment, and/or Retaliation in Violation of FEHA (Gov. Code § 12940(k)); 5. Wrongful Discharge in Violation of Public Policy; 6. Intentional Infliction of Emotional Distress; 7. Retaliation in Violation of Labor Code; 8. Failure to Provide Uninterrupted Meal Breaks; 9. Failure to Pay Wages; 10. Failure to Pay Overtime; 11. Waiting Time Penalties; 12. Failure to Provide Adequat...

Excerpt: ...sment (Gov't. Code § 12940(h)) (against Maxim); 4. Retaliation for Disclosing Discrimination and Harassment (Cal. Labor Code § 1102.5(b)) (against Maxim); 5. Failure to Prevent Discrimination and Harassment (Gov't. Code § 12940(k)) (against Maxim); 6. Wrongful Termination in Violation of Public Policy (Cal. Gov't. Code § 12940) (against Maxim); 7. Intentional Infliction of Emotional Distress; 8. Nonpayment of Wages (Cal. Labor Code §§ 201-2...

Excerpt: ...es of action for: 1. Fraud; 2. Conversion; 3. Breach of Fiduciary Duty; 4. Unjust Enrichment; 5. Constructive Trust; and 6. Declaratory Relief. On June 14, 2019, Defendant Ashby filed a Cross-Complaint against Plaintiff Ramlie and Jordan as individuals and Roes 1 through 100. The Cross-Complaint asserts causes of action for: 1. Intentional Infliction of Emotional Distress; 2. Defamation; and 3. Extortion (California Penal Code Sections 518, 519)....

Excerpt: ...egal Standard A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Wilson v. Transit Authority of City of Sacramento (1962) 199 Cal.App.2d 716, 720-21.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury ...

Excerpt: ...e service on November 9, 2018. On February 7, 2019, default was entered as to Defendant. On June 17, 2019, Defendant filed the instant motion. Legal Standard The Court has broad discretion to set aside the entry of default, default judgment, or a dismissal, but that discretion can be exercised only if the defendant establishes a proper ground for relief, by the proper procedure and within the set time limits. CCP § 473(b) provides, in relevant p...

Excerpt: ...eclaratory Relief. Defendants have filed a motion for judgment on the pleadings. Legal Standard “A motion for judgment on the pleadings performs the same function as a general demurrer, and hence attacks only defects disclosed on the face of the pleadings or by matters that can be judicially noticed.” (Burnett v. Chimney Sweep (2004) 123 Cal.App.4th 1057, 1064.) “In deciding or reviewing a judgment on the pleadings, all properly pleaded mat...

Excerpt: ...bor Code §§ 226.7 and 512); 4. Failure to Pay Wages Due Upon Termination: Waiting Time (Labor Code §§ 201, 202, 203); 5. Failure to Reimburse Work Related Expenses (Labor Code § 2802); and 6. Unlawful/Unfair Business Practices (Cal. Bus. & Prof. Code § 17200, et seq.). Defendant has filed a petiton to compel arbitration of all disputes between the parties. Legal Standard California law incorporates many of the basic policy objectives contai...

Excerpt: ...and 512); 4. Failure to Pay Wages Due Upon Termination: Waiting Time (Labor Code §§ 201, 202, 203); 5. Failure to Reimburse Work Related Expenses (Labor Code § 2802); and 6. Unlawful/Unfair Business Practices (Cal. Bus. & Prof. Code § 17200, et seq.). Defendant has filed a petiton to compel arbitration of all disputes between the parties. Legal Standard California law incorporates many of the basic policy objectives contained in the Federal A...

Excerpt: ...de Section 1793.2; 4. Breach of Express Warranty (Civil Code § 1291.2, subd. (a); § 1794); 5. Breach of Implied Warranty of Merchantability (Civil Code § 1791.1; § 1794); and 6. Violation of the Magnuson-Moss Warranty Act. Legal Standard Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action.¿(Code of Civ. Proc., § 2025.010.)¿A properly served deposition notic...

Excerpt: ... Court granted Plaintiff's Motion to Deem Request for Admissions Admitted against Defendant Fresh & Dry Spices, Inc. Plaintiff dismissed without prejudice Does 1 through 10 on May 24, 2019. Legal Standard The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve t...

Excerpt: ...onversion; 4. Imposition of a Constructive Trust; and 5. Unjust Enrichment. Legal Standard on Demurrer A demurrer for sufficiency tests whether the complaint states a cause of action. Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747. When considering demurrers, courts read the allegations liberally and in context. (Wilson v. Transit Authority of City of Sacramento (1962) 199 Cal.App.2d 716, 720-21.) In a demurrer proceeding, the defects must be appa...

Excerpt: ... asserts a single cause of action for fraudulent inducement. Defendant and Cross-Complainant MMA, LLC (hereinafter “Defendant” or “MMA”) moves for a protective order that the time to respond to interrogatories propounded by Plaintiff and Cross-Defendant Sunset Place Building, LLC (hereinafter “Plainitff”) be extended to 30 days after a personal representative has been appointed for the estate of Max Azria. Legal Standard “The court,...

Excerpt: ...fs also claim that Defendant, which provided Plaintiffs' title insurance, acted in bad faith by improperly favoring Plaintiffs' neighbors, “Shih/Ko,” in the dispute over the alleged encroachment and failed to pay Plaintiffs adequate damages to compensate for the diminution in value of their property caused by the encroachment. In the operative Second Amended Complaint (“SAC”), Plaintiffs assert causes of action for: 1. Breach of Contract ...

Excerpt: ...ists due to Plaintiff's refusal to participate in discovery in good faith. Legal Standard Pursuant to CRC Rule 3.1332(a), “To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” Under CRC Rule 3.1332(b), “A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, mus...

Excerpt: ...ed Covenant of Good Faith and Fair Dealing; and 3. Breach of Contract. On May 21, 2019, Defendants filed a Special Motion to Strike under CCP Section 425.16 (“Anti-SLAPP Motion”) and all discovery was stayed pursuant to CCP section 425.16(g). Plaintiff moves for an order permitting limited discovery under CCP section 425.16(g) in connection with Defendants' pending anti-SLAPP motion Legal Standard If a plaintiff believes that discovery is nec...

Excerpt: ...ober 15, 2019. Defendant FCA US LLC moves for an order allowing it to submit tardy expert information. Legal Standard Code of Civil Procedure §2034.710 provides: (a) On motion of any party who has failed to submit expert witness information on the date specified in a demand for that exchange, the court may grant leave to submit that information on a later date. (b) A motion under subdivision (a) shall be made a sufficient time in advance of the ...

Excerpt: ...imination in Violation of the FEHA; 4. Violation of the California Equal Pay Act; 5. Battery; and 6. Constructive Discharge in Violation of Public Policy. On May 5, 2019, Plaintiff filed six Amendments to Complaint (Fictitious/Incorrect Name), substituting Edwin Anglemyer; Edwin Anglemyer as Trustee for the Anglemyer Family Trust; Dorothy Anglemyer; Dorothy Anglemyer as Trustee of the Anglemyer Family Trust; and Anglemyer Trucking & Repair, Inc. ...

Excerpt: ...l Infliction of Emotional Distress; 5. Interference of Business Relationship; 6. Violation of Penal Code § 632; 7. Invasion of Privacy; and 8. Trespass. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action. Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747. When considering demurrers, courts read the allegations liberally and in context. (Wilson v. Transit Authority of City of Sacramento (1962) 199 Cal.App.2...

Excerpt: ...gal Standard California Rules of Court, Rule 2.550(c) states that “[u]nless confidentiality is required by law, court records are presumed to be open.” A party may move to seal records pursuant to California Rules of Court Rules 2.550-2.551. “A party requesting that a record be filed under seal must file a motion or an application for an order sealing the record. The motion or application must be accompanied by a memorandum and a declaratio...

Excerpt: ...rly Act Section 1793.2; 4. Fraudulent Inducement – Concealment; and 5. Fraudulent Inducement – Intentional Misrepresentation. Defendant brings a Demurrer to the Complaint, along with a Motion to Strike. Legal Standard on Demurrer A demurrer for sufficiency tests whether the complaint states a cause of action. Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747. When considering demurrers, courts read the allegations liberally and in context. (Wilso...

Excerpt: ... (Wages and Overtime); 3. Violation of California Labor Code §§ 226.7 and 500, et seq. (Break Violations); 4. Violation of California Business and Professions Code § 17200, et seq. (Unfair Business Practices); 5. Violation of California Labor Code § 1102.5, et seq. (Whistleblower Statute); 6. Violation of California Labor Code § 98.6, et seq. (Labor Code Complaints); 7. Relation and Wrongful Termination in Violation of Public Policy; and 8. ...

Excerpt: ...0 1500130014001c0011> Legal Standard A party seeking a continuance of the date set for trial must make the request for a continuance by a noticed motion or an ex parte application as soon as reasonably practical once the necessity for the continuance is discovered. (Cal. Rules of Court, Rule 3.1332(b).) The request for continuance may be granted on an affirmative showing of good cause. (Cal. Rules of Court, Rule 3.1332.) “Trial courts generally...

Excerpt: ...abor Code section 203; (4) failure to keep accurate records in violation of Labor Code section 226; (5) violation of Business and Professions Code section 17200 et seq.; and (6) discrimination based on disability in violation of Government Code section 12940, et seq. After engaging in mediation, the parties reached a Settlement Agreement and Mutual Release (“Settlement Agreement”) which was signed by plaintiff Luis Flores, and by Fernando Cho...

Excerpt: ...lation of Gov. Code §§ 12940(h), (i); 2. Retaliation in Violation of Public Policy; 3. Violation of Labor Code § 98.6; 4. Violation of Labor Code §§ 1102.5(b), (c); 5. Discrimination on the Basis of National Origin; and 6. Violation of Labor Code § 232.5(c). On July 30, 2018, Plaintiff dismissed former Defendants David Maggard, Jr., Patrick Gannon, Michael Hyam from this action, leaving City as the only remaining Defendant. On February 13, ...

Excerpt: ... alleges that he reported these conditions to representatives of the Los Angeles Department of Water and Power and the City of Los Angeles, but the conditions did not change. On August 22, 2018, Plaintiff filed the instant action. The initial complaint named as Defendants Hamid Rafii as Trustee of Hamid Rafii Living Trust, Hamid Rafii, Los Angeles Department of Water and Power, the City of Los Angeles, Southern California Gas Company, and Does 1-...

Excerpt: ...ousing Amendments (42 U.S.C. § 3601, et seq.); 3. Violation of California Fair Employment and Housing Act (Gov. Code § 12900, et seq.); and 4. Violation of the Unruh Civil Rights Act (Civ. Code §§ 51 & 52). Legal Standard “A court employs a two-step analysis in determining whether a claim should be stricken under the anti-SLAPP statute. [Citation] In the first step, the defendant bears the initial burden of making a prima facie showing that...

Excerpt: ...0059004c005600 00260044005500030035[ental, LLC; PV Holding Corp; Avis Budget Rent-A-Car; and Avis Budget Rent-A-Car Hawthorne (H8C). On March 25, 2019, Plaintiffs filed their First Amended Complaint (“FAC”) asserting causes of action for: 1. Strict Product Liability; 2. Negligence; 3. Wrongful Death (Strict Product Liability); 4. Negligence (Maintenance and Repair); 5. Wrongful Death (Negligence); 6. Intentional Misrepresentation; 7. Negligen...

Excerpt: ...(“FAC”). The FAC asserts causes of action for: 1. Violations of Health and Safety Code § 1278.5; 2. Violations of Government Code § 12653; 3. Wrongful Discipline; 4. Intentional Interference with Prospective Economic Advantage; 5. Violation of California Business and Professions Code Section 17200 (Unfair Business Practices); and 6. Negligence. On May 17, 2019, Defendants University of Southern California; Keck School of Medicine of USC; an...

Excerpt: ...romissory Estoppel; and 4. Violation of Unfair Business Practices (Bus & Prof. Code § 17200, et seq.). On April 8, 2019, Defendants Daren Hagen (“Hagen”), WaterWater, LLC (“WaterWater”), and Full Spectrum Bottling, LLC (“Spectrum”) (hereinafter collectively referred to as “Defendants”) filed the instant demurrer. On May 6, 2019, the Court found that Plaintiff had filed a Second Amended Complaint (“SAC”) on May 3, 2019. The SA...

Excerpt: ...er, James Goodheart, John Rea, and Does 1 through 20. On March 28, 2019, Plaintiff filed the First Amended Complaint (“FAC”). The FAC alleges causes of action for: 1. Denial of Protection Under Law; and 2. Discrimination Based on National Origin. Defendants demurrer to the entire FAC on the grounds that it fails to state facts sufficient to constitute a cause of action as the claims are time barred, subject to statutory immunities, the City's...

Excerpt: ...(5) Abuse of process; (6) Intentional infliction of emotional distress, and (7) Quiet title. On March 21, 2017, Charles Hasbun and Ammec, Inc. were dismissed without prejudice. On July 27, 2018, Plaintiff filed amendments to complaint, substituting in Charles Hasbun for Doe 20 and Ammec, Inc. for Doe 21. On March 8, 2019, the Court granted Charles Habsun and Ammec, Inc.'s motion to quash service of summons and struck the two Amendments to Complai...

Excerpt: ...CA); 3. Violation of Subdivision (A)(3) of Civil Code Section 1793.2 (against FCA); 4. Breach of Express Written Warranty (Civ. Code § 1791.2, subd. (a); § 1794) (against FCA); and 5. Breach of the Implied Warranty of Merchantability (Civ. Code § 1791.1; 1794) (against FCA and Dodge). Plaintiff brings this motion to compel a PMK deposition covering several subject categories. Legal Standard Code of Civil Procedure section 2025.450 provides: a....

Excerpt: ...may be brought against a public entity on a cause of action for which a claim is required to be presented in accordance with Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of this division until a written claim therefor has been presented to the public entity and has been acted upon by the board, or has been deemed to have been rejected by the board, in accordance with Chapters 1 and 2 of Part 3 of t...

Excerpt: ...tions: a. Failing to provide all legally required meal periods, and failing to pay meal period premium pay, to Plaintiff and other aggrieved employees in violation of Labor Code §§ 226.7, 512, and 558; b. Failing to pay minimum wages for all hours worked to Plaintiff and other aggrieved employees in violation of Labor Code §§ 558, 1182.12, 1194, 1194.2, 1197, and 1198; c. Failing to pay Plaintiff and other aggrieved employees all earned overt...

Excerpt: ...ight to Freely Speak” (California Constitution Article 1, Section 2). On November 8, 2018, the Court granted Defendant's Motion to Strike Pursuant to CCP § 425.16 (Anti-SLAPP) without leave to amend, and struck the FAC. On February 26, 2019, judgment of dismissal was entered. Legal Standard The court has broad discretion to set aside the entry of default, default judgment, or a dismissal, but that discretion can be exercised only if the defend...

Excerpt: ...Egan and David Goldstein (hereinafter “Defendants”) over whether the Goldstein Limited Partnership dissolved as a result of the death of the general partner. The original Complaint, filed on June 21, 2011, states causes of action for: 1. Declaratory Relief 2. Dissociation of General Partners 3. Judicial Dissolution of Limited Partnership. This case was subject to a bifurcated trial. The statement of decision for the first phase of trial was f...

Excerpt: ...ining Jurisdiction under CCP 664.6 was signed and filed. On February 13, 2019 Plaintiff filed a Proposed Judgment and the Declaration of Vladi Khiterer in Support of Proposed Judgment. On February 25, 2019 the Court rejected the Proposed Judgment, stating: “The matters contained in the proposed Order are not contained in the Stipulation between the parties.” On March 6, 2019, Plaintiff filed another Proposed Judgment. On March 6, 2019, the Co...

Excerpt: ...surance Agency (“Festa”) (collectively “Defendants”) RESPONDING PARTY: Plaintiffs Howard M. Jaffe (“Howard”) and Joan G. Jaffe (“Joan”) (collectively “Plaintiffs”) The Court has considered the moving, opposing, and reply papers. BACKGROUND On January 9, 2019, Plaintiffs filed a complaint against Defendants State Farm, Gilman, Festa, and Does 1‐50 for (1) bad faith and tortious breach of the implied covenant of good faith and...

Excerpt: ...Third Amended Complaint (“TAC”). The TAC asserts causes of action for: 1. Violation of Labor Code section 970; 2. Unpaid Wages (Labor Code sections 200, 201, 202, 203, 204, 210, 216, 218.5, 218.6, 225.5, and 2802); 3. Breach of Contract; 4. Declaratory Relief; and 5. Accounting. Plaintiff has filed a motion to compel further discovery responses for document demands and special interrogatories. Legal Standard A motion to compel further respons...

Excerpt: ...de § 51 et seq.); 2. Violation of the Disabled Persons Act (Civil Code § 54.1 et seq.); and 3. Violation of Title III of the Americans with Disabilities Act (42 USC § 12181 et seq.). Plaintiff seeks an order compelling Defendant Bodega Latina Corporation (hereinafter “Defendant”) to produce person(s) most knowledgeable for oral deposition within fourteen days of the date of this hearing, along with responsive documents, and monetary sancti...

Excerpt: ...f Cal. Gov. Code §§ 12940 et seq.; 3. Actual/Perceived Disability Retaliation, Violation of Cal. Gov. Code §§ 12940 et seq.; 4. Failure to Engage in the Mandatory Good-Faith Interactive Process, Violation of Cal. Gov. Code §§ 12940 et seq.; 5. Failure to Accommodate, Violation of Cal. Gov. Code §§ 12940 et seq.; 6. Violation of Cal. Family Rights Act., Cal. Gov. Code §§ 12945.2 et seq.; 7. Whistleblower Violation, Cal. Labor Code §§ 1...

Excerpt: ... Performance); 3. Promissory Estoppel; and 4. Violation of Unfair Business Practices (Bus & Prof. Code § 17200, et seq.). On April 8, 2019, Defendants Daren Hagen (“Hagen”), WaterWater, LLC (“WaterWater”), and Full Spectrum Bottling, LLC (“Spectrum”) (hereinafter collectively referred to as “Defendants”) filed the instant demurrer. Legal Standard on Demurrer A demurrer for sufficiency tests whether the complaint states a cause of...