Excerpt: ...as operating the 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 (“Plaintiff”), initiated the present action. On December 10, 2019, Plaintiff filed the operative First Amended Complaint. The First Amended Complaint alleges the following causes of action: (1) Negligence/Wrongful Death, and (2) Survival Action. On July 9, 201...

Excerpt: ...nce; and 4. Breach of Implied Warranty of Merchantability. Defendants Comtech 21, LLC and AEON, Inc. (collectively “Defendants”) move the Court for “Evidentiary and Issue” sanctions against Plaintiff to prevent Plaintiff from the use of evidence demonstrating Plaintiff's damages for loss of business revenue. Legal Standard If a party fails to comply with a court order compelling discovery responses or attendance at a deposition, the court...

Excerpt: ... of the Covenant of Good Faith and Fair Dealing 5. Violation of California Business & Professions Code § 17200 6. Accounting 7. Declaratory Relief 8. Release of Mechanic's Lien. On May 18, 2020, Defendant filed a Cross-Complaint against Plaintiff. The operative pleading is the Second Amended Cross-Complaint (“SACC”), which asserts a cause of action for breach of contract. This action arises from allegations of a breach of a written contract ...

Excerpt: ... Earle (“Earle”) (collectively, the “Defendants”). On October 15, 2019, Clark filed a Cross-Complaint against Plaintiffs, alleging causes of action for breach of contract, account stated, open book account, and work labor, and services provided. On October 13, 2021, Defendants filed the pending Motion To Continue Trial Date. Plaintiffs filed their opposition papers to the pending motion on October 22, 2021. On October 28, 2021, Defendants...

Excerpt: ...roduction of Documents, Set One. The parties agreed to continue the meet and confer process to resolve any remaining issues, and Plaintiff clarified that she is not seeking any medical information about any witnesses. The deadline to file a motion to compel further was also extended. On September 20, 2021, Plaintiff filed the instant motions to compel further. Legal Standard Code of Civil Procedure § 2030.220 requires that each answer to an inte...

Excerpt: ...ion: (1) Age Harassment (Gov. Code §§ 12940 et al.) (2) Actual/Perceived Disability Discrimination (Gov. Code §§ 12940, et seq.) (3) Actual/Perceived Disability Retaliation (Gov. Code §§ 12940, et seq.) (4) Violation of Cal. Family Rights Act (Gov. Code §§ 12945.2) (5) Wrongful Termination in Violation of Public Policy (6) Intentional Infliction of Emotional Distress On July 16, 2021, Sun Mar was dismissed. Cross‐Complaint On June 25, 2...

Excerpt: ...ublic Policy (the “Complaint”). On May 28, 2020, Mastronardi filed an answer to the Complaint. AVR filed an answer on May 29, 2020. On August 20, 2021, Defendants filed a motion for summary adjudication (the “Motion”), seeking summary adjudication of the fourth and fifth causes of action—retaliation and wrongful termination in violation of public policy, respectively. Concurrently with the Motion, Defendants filed: (1) a separate statem...

Excerpt: ...through 100. On December 17, 2018, Plaintiff dismissed Defendant Muse Lifestyle Group, LLC without prejudice. On June 10, 2020, Plaintiff filed three Amendments to Complaint (Fictitious/Incorrect Name) substituting United World Enterprise, Inc. D/B/A Ruby Karen Project, Aerial Arts American Institute D/B/A Aerial Arts America, and 6506 Hollywood Holdings, LLC (“6506 Hollywood Holdings”) as Does 1 through 3, respectively. Subject to a joint st...

Excerpt: ...ondition(s). On May 15, 2018, Plaintiff filed the instant action's complaint (“Complaint”) alleging two causes of action for 1) disability discrimination, and 2) racial discrimination arising out of his May 11, 2017, termination by Defendant. On August 26, 2019, Defendant removed the case to federal court on diversity grounds. Plaintiff's Motion for Remand was granted on the grounds that the one-year deadline to remove the matter had passed. ...

Excerpt: ...initial petition for clerical errors contained therein. On October 18, 2021, Petitioner filed the instant Amended Verified Petition To Ascertain And Establish Impulso News As A Newspaper Of General Circulation. A corresponding Memorandum of Point & Authorities in support thereof was filed on October 21, 2021. The Court has consider the amended papers. Legal Standard Certain official notices must be published in a newspaper of general circulation....

Excerpt: ...ritten Contract; and (8) Extortion – Civil. On August 27, 2021, the parties participated in an IDC. Defendant Robert David Sibley, Jr., M.D., now moves for an order compelling Plaintiff to provide further responses to Requests for Admission, Set One, and monetary sanctions. Legal Standard Under CCP § 2033.290, a court may order a party to serve a further response to a request for admission when the court finds that any of the following apply: ...

Excerpt: ...st Amended Complaint (“FAC”), excluding Kinecta Federal Credit Union, Richard Stutzman; Lauren Stutzman; and John Charland as parties. On October 27, 2020, Plaintiff filed the Verified Second Amended Complaint (“SAC”). The SAC adds Kinecta Federal Union (“Kinecta”); Richard Stutzman (“Richard”); Lauren Stutzman (“Lauren”); Rita Spiegelman (“Spiegelman”); Alan Bond (“Bond”); and John Charland (“Charland”) as defenda...

Excerpt: ...AC”). The FAC asserts causes of action for: 1. Violation of California Labor Coe §§ 1194, 1197, and 1197.1 (Unpaid Minimum Wages); 2. Violation of California Labor Code § 1198 (Unpaid Overtime); 3. Violation of California Labor Code § 226.7 (Unpaid Meal Period Premiums); 4. Violation of California Labor Code § 226.7 (Unpaid Rest Period Premiums); 5. Violation of California Labor Code §§ 201 and 202 (Final Wages Not Timely Paid); 6. Viola...

Excerpt: ...abitability; (2) Breach of Statutory Warranty of Habitability; (3) Breach of Covenant of Quiet Enjoyment; (4) Negligence; (5) Violation of Civil Code sections 1942.4 and 1942.5; (6) Nuisance; and (7) Violations of Unfair Competition Law. On July 22, 2021, Plaintiffs filed a Motion to Enforce Settlement Pursuant to Code of Civil Procedure section 664.6. Plaintiffs' Motion concerned the settlement between them and defendants Edward Kim, Ginie Cho, ...

Excerpt: ...-Beverly Act; and 3. Fraudulent Inducement – Concealment. On May 19, 202, Plaintiff accepted Defendants CCP 998 offer to settle, wherein Defendants agreed to pay Plaintiff's attorney's fees and costs. On May 27, 2021, the Parties filed a notice of settlement of the entire case. On August 25, 2021, Plaintiff moved the Court for attorney fees. On September 13, 2021, Defendants move the Court to tax Plaintiff's costs. MOTION FOR ATTORNEY'S FEES Ev...

Excerpt: ...auses of action for: (1) Retaliatory, Predatory and Wrongful Eviction into the Covid-19 Pandemic [Gov. Code section 12955(a)(d)(f)(g)(i)(k)]); (2) Eviction by Elder Abuse & Neglect; (3) Eviction by Elder Financial Abuse; (4) Eviction Rip-Off by False Pretenses; (5) Eviction by Unfair Practices; (6) Negligence; and (7) Negligent Denial & provision of Health Care – i.e., Malpractice. This matter arises from Defendants' eviction of Ms. Hall on Apr...

Excerpt: ...ty Act; And (3) Violation Of Song-Beverly Warranty Act Section 1793.2; Defendants Mercedes-Benz USA, LLC and Keys European LLC (“Defendants”) move the Court for an order (i) compelling Plaintiffs Sade Vidalcadena and Jose Vidalcedana to arbitrate all of their claims in accordance with the arbitration agreement; and (ii) staying this action pending the outcome of arbitration. Legal Standard California law incorporates many of the basic policy ...

Excerpt: ...ing Sung Insurance Agency (“Ting Sung Insurance”); and Does 1 through 100. On January 19, 2021, Plaintiff filed the operative Second Amended Complaint asserting causes of action for: 1. Breach of Contract (against Braemar on Raymond and Braemar-Caledonia); 2. Breach of Contract (against Sauve Riegel); 3. Breach of Contract (against Ting Sung Insurance, Chow, and Sung); 4. Negligence (against Braemar on Raymond and Braemar Caledonia); 5. Negli...

Excerpt: ...on of Labor Code §§ 200-204 (Waiting Time Penalties); and (5) Violation of California Business & Professions Code §§ 17200, et seq. On July 21, 2021, Plaintiff filed a Motion for Leave to Amend Complaint to Add Newly Alleged Facts. On August 11, 2011, the Court denied the motion without prejudice. On August 24, 2021, Plaintiff filed a second Motion for Leave to Amend Complaint. On August 31, 2021, Defendant and Cross-Complainant Los Angeles O...

Excerpt: ...“FAC”). The FAC asserts causes of action for: 1. Violations of Consumers Legal Remedies Act Against Dealers and Holder; 2. Violations of Consumers Legal Remedies Act Against Nissan; 3. Breach of Implied Warranty of Merchantability in Violation of Song-Beverly Act Against Dealers and Holder; 4. Failure to Promptly Replace or Make Restitution in Violation of Song-Beverly Act Against Nissan; 5. Failure to Repair in Violation of Song-Beverly Act ...

Excerpt: ... & Development, Inc. (“BC Design”); and Does 1 through 10. The Complaint relates to the construction of a 12,000 square foot single-family residence located at 1814 Marcheeta Place, Los Angles, California (the “Project”). The Complaint asserts causes of action for: (1) Money Due on Contract; (2) Foreclose Mechanic's Lien; (3) Open Book Account; (4) Reasonable Value of Labor and Materials Furnished; and (5) Breach of Implied Covenant of Go...

Excerpt: ...tor of the Estate of Paul Lester Sperling, aka Paul Lester Sperling, Sr., Decedent; Phyllis Sperling, as Trustee of the Paul and Phyllis Sperling Family Trust dated August 7, 2009; and Phyllis Sperling, an Individual. The FAC asserts causes of action for: (1) Specific Performance; (2) Breach Of Contract; (3) Declaratory Relief Regarding Document No. 20111599755; (4) Declaratory Relief Regarding Document No. 20180869076; (5) Cancellation Of Instru...

Excerpt: ...er “Cross-Complainant” or “PS Funding”) filed a Cross- Complaint against Trojan; Wilmington Trust, National Association, as Successor Trustee to Citibank, N.A. as Trustee to Lehman XS Trust Mortgage Pass-through Certificates, Series 2006-13 (“Wilmington”); Nationstar Mortgage LLC dba Mr. Cooper (“Nationstar”); NBS Default Services, LLC (“NBS”); Affinia Default Services, LLC (“Affinia”); Hovesep Hunanyan; and Moes 1 through...

Excerpt: ...ses of action for: (1) Sexual Harassment (2) Failure to Prevent Sexual Harassment and Retaliation (3) Retaliation for Complaining About Sexual Harassment (4) Whistle-blower Retaliation (Cal. Labor Code §1102.5) (5) Retaliation for Exercising a Right Afforded to the Employee [Cal. Labor Code §98.6(a)] (6) Penalties Pursuant to Cal. Labor Code § 2699 et seq. (Arias) (7) Penalties Pursuant to Cal. Labor Code § 2699 et seq. (Castro‐Licona) Plai...

Excerpt: ...he award, to correct and confirm it, to vacate it, or to dismiss the petition. (Cooper v. Lavely & Singer Professional Corp. (2014) 230 Cal.App.4th 1, 10.) Arbitration awards are subject to very limited judicial review, and the merits of the controversy are not reviewable on a petition to confirm, vacate, or correct. (Cinel v. Christopher (2012) 203 Cal.App.4th 759, fn 5.) Thus, an arbitration award may only be vacated if (1) the award was procur...

Excerpt: ...FAC”). The FAC asserts causes of action for: (1) Intentional Interference with Contractual Relations; (2) Inducing Breach of Contract; (3) Intentional Interference with Prospective Economic Advantage; and (4) Negligent Interference with Prospective Economic Advantage. On January 15, 2021, Defendants Astroturf Corporation, Astroturf Construction, William Heard Smith, and Jennifer Young filed a demurrer and motion to strike Plaintiff's complaint....

Excerpt: ...egedly induced Plaintiff to pay “interest differential” payments to Defendant in order to permit Plaintiff to refinance his loan. On November 25, 2020, Plaintiff filed the instant Complaint against Defendant, seeking to recover all monies wrongfully paid to Defendant. Plaintiff's Complaint alleges the following causes of action against Defendant: (1) conversion, (2) declaratory relief, and (3) money had and received. On July 2, 2021, Defendan...

Excerpt: ...ailure to Pay Wages; (6) Failure to Provide Itemized Wage Statements; (7) Violation of Business & Professions Code § 17200; (8) Failure to Grant Medical Leave in Violation of the California Family Rights Act; (9) Failure to Reinstate in Violation of the California Family Rights Act; (10) Denial of Medical Leave in Violation of the California Family Rights Act; (11) Restraint of Medical Leave in Violation of the California Family Rights Act; (12)...

Excerpt: ..., Plaintiff filed the Second Amended Complaint (“SAC”). The SAC added Defendant Activequest, Inc. and asserts causes of action for: (1) Age Discrimination in Violation of the Fair Employment and Housing Act; (2) Relation for Complaints of Age Harassment in Violation of the Fair Employment and Housing Act; (3) Wrongful Termination in Violation of Public Policy; and (4) Failure to Prevent and/or Stop Harassment, Discrimination, and/or Retaliati...

Excerpt: ...ation Of The Song Beverly Act Section 1793.2 (4) Fraudulent Inducement – Concealment On August 31, 2021, Defendants FCA US LLC (“FCA”) and West Covina CDJR Car Stop LLC dba West Covina CDJR (“West Covina”) each filed a motion to compel arbitration and stay action against Plaintiffs Maria De Lourdes Ortiz and Frances Yang (“Plaintiffs”). On October 1, 2021, Plaintiffs filed a consolidated opposition to both motions to compel arbitrat...

Excerpt: ...ntingent on ad revenue. (FAC, ¶ 1.) Plaintiff alleged that Foxpoint then flipped the lease to Netflix, which vitiated Plaintiff's ability to earn ad revenue. (Ibid.) In October 2020, Plaintiff and Netflix reached a settlement after participating in a mediation. (Opp. at 3:26-27.) On March 4, 2021, Plaintiff dismissed defendant Netflix with prejudice. On September 9, 2021, Plaintiff filed the operative Second Amended Complaint against only Defend...

Excerpt: ...ation of Gov. Code § 12940(h); (3) Sex, Pregnancy, Disability, and Disability Association in Violation of FEHA; (4) Sex, Pregnancy, Disability, and Disability Association Harassment in Violation of FEHA; (5) Failure to Prevent Discrimination, Harassment, and Retaliation; (6) Wrongful Termination in Violation of Public Policy; (7) Failure to Engage in a Good Faith Interactive Process; (8) Failure to Accommodate; (9) Intentional Infliction of Emot...

Excerpt: ...sonment Defendants move for an order deeming its Requests for Admissions, Set One admitted. Legal Standard Code of Civil Procedure section 2033.280 provides in relevant part: If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply: (a) The party to whom the requests for admission are directed waives any objection to the requests, including one based on privilege or on the protection for w...

Excerpt: ...nment Defendants move for an order deeming its Requests for Admissions, Set One admitted. Legal Standard Code of Civil Procedure section 2033.280 provides in relevant part: If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply: (a) The party to whom the requests for admission are directed waives any objection to the requests, including one based on privilege or on the protection for wor...

Excerpt: ...ainst Defendant. Defendant now moves for an order setting aside the default and default judgment entered against her on the grounds that Defendant was never served with the summons and Complaint and did not receive actual notice of this action in time to defend. 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...

Excerpt: ...ing may serve 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 Californi...

Excerpt: ...it against Defendant, alleging causes of action for (1) breach of the covenant of good faith and fair dealing, and (2) breach of contract. On December 14, 2018, a jury found in Plaintiff's favor and awarded him $9,935,000 (“Trial Judgment”). On February 7, 2019, Defendant filed a notice of appeal of the Trial Judgment. On March 8, 2021, the Court of Appeal reversed the Trial Judgment, remanded the matter to enter a new judgment for Defendant,...

Excerpt: ... 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; § 1795.5) (6) Fraudulent Inducement – Concealment (7) Negligent Repair Defendant FCA US, LLC (Defendant) now moves for summary adjudication of the sixth cause of action and the claim for punitive da...

Excerpt: ...s causes of action for: (1) Defamation; (2) Public Disclosure of Private Facts; (3) Intentional Infliction of Emotional Distress; (4) Conversion (against Billie); (5) Unjust Enrichment (against Billie); (6) Declaratory Relief (against Billie); (7) Declaratory Relief (against Billie); (8) Money Had and Received (against Billie); and (9) Mistaken Receipt (against Billie) Plaintiff now moves for an order deeming its Requests for Admission, Set Three...

Excerpt: ...y of Los Angeles (“Defendant”) on July 23, 2021. 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 their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 843.) “Code of Civil Procedure section 437c, subdivision (c...

Excerpt: ...nt (Gov. Code §§ 12940 et al.) (2) Actual/Perceived Disability Discrimination (Gov. Code §§ 12940, et seq.) (3) Actual/Perceived Disability Retaliation (Gov. Code §§ 12940, et seq.) (4) Violation of Cal. Family Rights Act (Gov. Code §§ 12945.2) (5) Wrongful Termination in Violation of Public Policy (6) Intentional Infliction of Emotional Distress On July 20, 2021, the parties signed a Workers' Compensation Compromise & Release (the “Com...

Excerpt: ...ndered) (3) Intentional Misrepresentation (4) Unjust Enrichment (5) Battery (6) Assault (7) False Imprisonment Defendants Yanfan Foundation, Franco Testini, Thomas Testini, Tom Edwards (hereinafter “Defendants”) demur to the third cause of action for intentional misrepresentation on the ground that the claim does not state facts sufficient to constitute a cause of action. Legal Standard A demurrer for sufficiency tests whether the complaint s...

Excerpt: ...f Contract – Promissory Note; (3) Breach of Fiduciary Duty; (4) Fraud (5) Unjust Enrichment (6) Account Stated (7) Open Book Account (8) Money Lent (9) Money Had and Received Plaintiff companies are Delaware Corporations with their principal place of business in Beverly Hills, California. Plaintiffs are franchisors for steakhouse restaurants. On August 23, 2021, Specially Appearing Defendants BMJ FOODS P.R., INC. (a Puerto Rico Corporation), SA...

Excerpt: ...ed to, 56-33, 3x3 CI/PVC, 0-52063- 04934-2 (“Products”) that contain Di (2-ethylhexyl) phthalate (“DEHP”), Lead, and Di-n-Butyl Phthalate (“DBP”), chemicals known to cause cancer and reproductive toxicity, without the required warning language. SUMMARY OF ISSUES: On August 19, 2021, Plaintiff filed the present motion to approve the Consent Judgment. Plaintiff moves this Court, pursuant to California Health & Safety Code § 25249.7(f),...

Excerpt: ...of Good Faith and Fair Dealing; 4. Wrongful Termination in Violation of Public Policy; 5. Violation of the California Constitution; 6. Violation of California Government Code §12900, et seq; 7. Violation of California Government Code §12900, et seq; 8. Violation of California Labor Code §1101; 9. Violation of California Labor Code §1102; 10. Violation of California Labor Code §1102.5; 11. Violation of California Labor Code §1198.5; 12. Frau...

Excerpt: ...ss it has obtained a judicial decree establishing it as such. (Gov. Code, § 6027.) Hence, a newspaper that desires to have its standing as a newspaper of general circulation ascertained and established may, by its publisher, manager, editor, or attorney, file a verified petition in the superior court of the county in which it is established, printed, and published, setting forth the facts which justify such action. (Gov. Code, § 6021.) Furtherm...

Excerpt: ... informed the Court that the case had settled. Plaintiff now moves for an order enforcing the terms of the settlement agreement between the parties pursuant to Code of Civil Procedure section 664.6 and for attorney fees and costs for being required to enforce the agreement. Specifically, Plaintiff moves the Court for a judgment against Defendant S & E 786 Enterprise, LLC (hereinafter “Defendant”) in the principal amount of $7,500.00, plus an ...

Excerpt: ...e Imprisonment On June 8, 2021, Defendants Cedars-Sinai Health System and Thomas M. Priselac (hereinafter “Defendants”) brought the instant demurrer with motion to strike. The Court notes that the demurrer and motion to strike were properly served on Plaintiff. 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, c...

Excerpt: ...tober 8, 2020, Plaintiffs filed a First Amended Complaint in Federal Court. On October 20, 2020, the District Court granted Plaintiffs' Motion for Remand, and returned the case to the Superior Court. On April 20, 2021, this Court granted Defendants' demurrer to Plaintiffs' First Amended Complaint and granted leave to amend. On May 20, 2021, Plaintiffs filed the Second Amended Complaint (“SAC”). The SAC asserts causes of action for: (1) Breach...

Excerpt: ...g on March 4, 2021. Plaintiff again failed to appear for the Order to Show Cause Re: Dismissal for Failure to Prosecute on April 22, 2021. On April 21, 2021, Plaintiff filed a declaration stating that he was incarcerated and was set to be released September 7, 2021. He stated that while he was in custody, he had not received any mail relating to this matter and had a friend checking his post office box for relevant notices. He further states that...