Excerpt: ... parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260- 8412. ALLEGATIONS: Ze Yu Bei aka Kevin Bei, a minor, through his guardian ad litem, Tian Le Bei (“Plaintiff”) filed suit against Arc...

Excerpt: ...er parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260-8412. ALLEGATIONS: Anthony Lavigne (“Plaintiff”) brings this action against Avalon Bay Communities Inc. (“Defendant”) in relati...

Excerpt: ...d the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260-8412. ALLEGATIONS: Jean Aintablian (“Plaintiff”) brings this action, individually and as successor in interest to Sera Aintablian (“Decedent�...

Excerpt: ...other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260-8412. ALLEGATIONS: American Express National Bank (“American Express”) brings this action against Aluyah Imoisili (“Defendant�...

Excerpt: ...t; Sexual Battety (Civ. Code 5 1708.5); Retaliation (Gov. Code S 12940.) Gender Discrimination; Constructive Wrongful Termination in Violation of Public Policy, Failure to Prevent Sexual Harassment and Discrimination; Violation of Ralph Civil Rights Act; Violation of the Bane Civil Rights Act; Negligent Hiring, Retention, and Supervision; 10)Intentional Infliction of Emotional Distress; 11)N egligent Misrepresentation; 12)Unlawful Business Practi...

Excerpt: ...pel 4) Breach of the Implied Covenant of Good Faith and Fair Dealing 5) Declaratoty Relief 6) Constructive Trust 7) Fraud On April 24, 2023, Plaintiff filed a Motion to Quash Subpoena Deuces Tecum Defendants filed opposing papers on May 18, 2023. Plamtiff filed a reply on May 22, 2023. LEGAL STANDARD If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before ...

Excerpt: ...alifornia Civil Code S 1709; (vi) intentional and negligent misrepresentation, concealment and false promise: Califorma Civil Code S 1710; (vii) abridgement of freedom of speech: U.S. Constitution, 1st Amendment; and (viii) denial of equal protection: U.S. Constitution, 14th Amendment S 1; California Constitution, Article I, S 7. Both Defendants, California Unemployment Insurance Appeals Board ("CUIAB") and J.Paul Getty Trust (the "Getty') filed ...

Excerpt: ...Venture Agreement); Breach of Contract (Promissory Note); Breach of Fiduciary Duty, Breach of Implied Covenant of Good Faith and Fair Dealing; Misrepresentation (1); Misrepresentation (2); Concealment; False Promise; Constructive Fraud; 10) Conversion' 11) Common Count (Account Stated); 12) Common Count (Money Had and Receive); 13) Common Count (Money Lent); 14) Violation of the California Uniform Voidable Transactions Act; 15) Aid and Abetting; ...

Excerpt: ... against Arrow Disposal Services, Incu Kirk Tahmizian (collectively "Defendants"), and Does 1 to 20 for: 1) Employment Discrimination Based on Disability and Age in Violation of FEHA (Gov. Code 5129400); 2) Failure to Provide Reasonable Accommodation, Pursuant to Government Code 5129400; 3) Failure to Engage in a Timely and Good Faith Interactive Process, Pursuant to Government Code 4) Retaliation, Pursuant to Government Code 5512940(h) and 12940...

Excerpt: ... Complaint asserts causes of action for: 1) Quiet Title; and 2) Declaratoty Relief On June 23, 2022, a Notice of Partial Settlement was filed betw•een Mara and Jung Hyun Park and lung Hyun Park as Co-Trustee of the Paulistavwola Living Trust, U/A Dated February 17, 2017. On January 13, 2-23, Defendant/Cross-Complainant Sannette Gite ("Gite"), as Trustee of the Vaughn Family Trust filed a Second Amended Cross-Complamt (SACC) against Plaintiff Ma...

Excerpt: ..., LLC and Does 1 to 25 for. 1) DISABILITY DISCRIMINATION IN VIOLATION OF FEHA - GOVERNMENT CODE S 12940, ET 2) FAILURE TO REASONABLY ACCOMMODATE A DISABILITY IN VIOLATION OF FEHA - GOVERNMENT CODE S 12940, ET 3) FAILURE TO ENGAGE IN A GOOD FAITH INTERACTIVE PROCESS IN VIOLATION OF FEHA GOVERNMENT CODE 5 12940, ET 4) RETALIATION IN VIOLATION OF FEHA - GOVERNMENT CODE S 12940, ET SEQ; 5) FAILURE TO PREVENT DISCRIMINATION AND RETALIATION IN VIOLATIO...

Excerpt: ... issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportumty to be heard, may make an order quashing the subpoena entirely, modi$ing it or directmg compliance with it upon those terms or conditions as the court shall declare, including protective orders. (Code Civ. Proc„ S 1987.1, subd. DISCUSSION ...

Excerpt: ...fects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (See Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994 [in ruling on a demurrer, a court may not consider declarations, matters not subject to judicial notice, or documents not accepted for the truth of their contents].) For purposes of ruling on a demurrer, all facts pleaded in a complaint are assumed to be...

Excerpt: ...tting aside fraudulent creation of second hen on real property, and 5) quiet title. Plamtiff moved for leave to amend the complaint on August 18, 2022. The Court granted Plaintiffs motion on September 12, 2022, and on September 30, 2022, Plaintiff amended her complaint On November 8, 2022, Defendant Jose Ontiveros, Jr. ("Defendant') moved to strike Plaintiffs first amended complaint Plaintiff did not oppose or appear. On December 7, 2022, the Cou...

Excerpt: ... 1040 S. Gabriel Blvd. in Pasadena, CA ("Parcel 1"). (Declaration of Peter Chen (Chen Decl.), 3.) Defendant Maziar Yarahmadi owns the property 1046 S. Gabriel Blvd., Pasadena ("Parcel 2"). (Declaration of Maziar Yarahmadl (Yar. Decl.), 3.) Parcel 1 directly abuts San Gabriel BIIÆ. (DRIN, Ex. 6.) Most of Parcel 2 is situated behind Parcel 1 and does not abut the street (Ibid.) But one portion of Parcel 2, used as a driveway, runs along the side o...

Excerpt: ...lerate Capital; and Does 1 to 20 (collectively, "Defendants"). The operative complaint here is the Third Amended Complaint (TAC) which alleges six causes of action: . Breach of Contract Fraud and Deceit: Inducement Fraud and Deceit: Concealment 4. Intentional Misrepresentation Negligent Misrepresentation 6. Unfair, Unlawful and Fraudulent Business Practices Under Section 17200 of California's Business and Professions Code On March 13, 2023, Defen...

Excerpt: ...ation Under the workers' compensation statutes, an employee who suffers an industrial injury may recover compensation benefits from his or her employer without regard to the negligence of either party. (Labor Code S 3600.) With certain specified exceptions, an injured employee's compensation claim against the employer constitutes an exclusive remedy. (SS 3601, 3602.) Where the tort of a third party causes injury to an employee, however, S 3852 pe...

Excerpt: ...party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code. Permission to file a p...

Excerpt: ... JAMS as well as written discovery. On September 15, 2020, Plaintiff was deposed. BAHCI refused to produce any witnesses for deposition and proceeded to file for Chapter 7 bankruptcy. Since BAHCI refused to pay the arbitrator no further arbitration proceedings took place and this Court granted Plaintiffs motion to remand on May 6, 2021. On October 11, 2022, Plaintiff filed a First Amended Complaint naming Royal Capital Corporation as Doe Speciall...

Excerpt: ...of Civil Code Section (4) Breach of Express Warranw (Civil Code Sections and 1794); and (5) Breach of Implied Warranty of Merchantability (Civil Code Sections 1791.1 and 1794) On March 30, 2022, Plaintiff filed this instant motion. On December 9: 2022, the Court held an Informal Discovety Conference ("IDC')_ The Court noted that the parties resolved most their discovety issues as Defendant has agreed to produce the documents described in the Atta...

Excerpt: ... success of either of the parties, or an interest agamst both, may intervene in the action or proceeding. i An intervention takes place when a third person is permitted to become a party to an action or proceeding betvveen other persons, either by joining the plaintiff in claiming what is sought by the complaint or by uniting with the defendant in resisting the claims of the plaintiff or byLdemandmg anything adversely to both the plaintiff and th...

Excerpt: ...ntract ("RISC") with dealership Nissan of Downtowm LA. On March 9, 2023, Defendant filed this instant motion to compel arbitration and stay proceedings. On April 28, 2023, Plaintiff filed an opposition. On May 4, 2023, Defendant filed a reply. Request for Judicial Notice The parties' Requests for Judicial Notice are both granted. Evidentiary Objections The Court sustains Plaintiffs evidentiary request to Declaration of Jane M. Chung 5, Exhibit 4 ...

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

Excerpt: ...bitration has the burden of establishing the existence of a valid agreement to arbitrate and the party opposing the petition has the burden of proving, by a preponderance of the evidence, any fact necessary to its defense. (Banner Entertainment. Inc. v. Superior Couctd1998) 62 CalApp.4th 348, 356-57.)ä "If a court of competent jurisdiction, whether in this State or not, has ordered arbitration of a controversy which is an issue involved in an ac...

Excerpt: ...at the meet and confer process was insufficient shall not be grounds to overrule or sustain a demurrer." (Code Civ. Proc., S 430.41, subd. The meet and confer requirement has been met. (Mantovani Decl. "2-8.) LEGAL STANDARD A demurrer can be used only to challenge defects that appear on the face ofthe pleading under attack or from matters outside the pleadingthat are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) "To survive ...