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 ...

Excerpt: ...on under Section 2025.410, fails to appear for examination, orto proceed with it or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponents attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition noti...

Excerpt: ...days of service of the notice of entry of judgment A defendant may only recover fees and costs related to the motion to strike. (Lafayette Morehouse. Inc. v. Chromcle Publishing Co. (1995) 39 Cal.App.4th 1379, 1383.) This includes fees associated with bringing the motion for fees. (Ketch_y: Moses (2001) 24 Cal.4th 1122, 1141 ("an award of fees may include not only the fees incurred with respect to the underlying claim, but also the fees incurred ...

Excerpt: ...lt was entered against Defendants Now Plaintiff moves for Default Judgment LEGAL STANDARD Code of Civil Procedure section 585 permits entry of a judgment after a Defendant has failed to timely answer after being properly served. A party seeking judgment on the default by the Court must file a Request for Coun Judgment: and: (1) a brief summary of the case; (2) declarations or other admissible evidence in support of the judgment requested; (3) int...

Excerpt: ... Certified Ally Products Inc. and Does 1 to 50. The Complaint alleged causes of action for. 1) 2) 3) 4) 5) 6) Disability Discrimination; Failure to Engage in a Timely Interactive Process; Failure to Accommodate; Failure to Prevent Discrimination; Violation of California Family Rights Act; and Interference with California Family Rights Act On December 06, 2022, the Court dismissed the action without prejudice due to Plaintiffs failure to prosecute...

Excerpt: ... a patient of Robert David Sibley, M.D. ("Defendant"), the owner and operator of Sibley Spine Center. Plaintiff alleges that Defendant made sexual advances toward her during her time as Defendants patient. IVhen Plaintiff rej ected Defendants sexual advances, Plaintiff alleges that Defendant extorted Plaintiff by threatening to "turn in" or "report" Plaintiff as participating in "disability fraud". On October 9, 2020, Plaintiff Antoinette Konkol ...

Excerpt: ...WFG National Title Insurance Co.; and Does 1 to 50. The operative First Amended Complaint (PAC) asserts causes of action for (1) Partition and Sale of Real Property and (2) Ouster. On October 21, 2022, Defendant filed a Demurrer to Plaintiffs PAC. Plamtiff filed opposing papers on March 29, 2023. On April 27, 2023, Defendant filed a reply. MEET AND CONFER Before filing a demurrer, the demurrmg party is required to meet and confer with the party w...

Excerpt: ...t cause ot action for discrimination, the third cause of action for retaliation in violation ot the FEHA the fourth cause ot action tor racial discrimination, and the cause ot action tor failure to take all reasonable steps to prevent discrimination. Because the County nas tailed to snow that the Plaintiffs did not engage in a protected activity, the Court DENIES the County's request for summary adjudication ot the first, third, fourth, and tittn...

Excerpt: ...on, and Request for Production of Documents is GRANTED BACKGROUND On August 17, 2022, Plaintiff Nicole Fizor filed a Complaint against Defendants Houlihan Lokey Financial Advisors, Inc. ("HLFA"); Mathew Neimann; and Does 1 to 100. The Complaint alleges causes of action for. 1) 2) 3) 4) 5) 6) 7) 8) 9) Disability discrimmation; Disability harassment; Failure to engage in the interactive process; Failure to accommodate disability; Retaliation (Govt ...

Excerpt: ...hoy, and Does 1 to 20. The operative First Amended Complaint ("PAC") alleges causes of action for: 1) 2) 3) 4) 5) 6) 7) 8) 9) Gender Discrimination in violation of FEHA (against Netflix: Inc.); Race Discrimination in violation of FEHA (against Netflix, Inc.); Harassment in violation of FEHA (against all Defendants); Failure to Prevent Discrmination in violation of Government Code S 12940(k) (against Netflix: [nc_); Retaliation in Violation of Gov...

Excerpt: ... 07, 2022, Plaintiffs Vardan Markosyan and Anush Markosyan filed a lemon law action against Defendant General Motors LLC ("GM") and Does 1 to 10. The operative First Amended Complaint (PAC) alleges causes of action for. 1) 2) 3) 4) 5) Violation of Civil Code sections 1793.2(d) under the Song-Beverly Act; Violation of Civil Code sections 1793.2(b) under the Song-Beverly Act; Violation of Civil Code sections 1793.2(a)(3) under the Song-Beverly Act;...

Excerpt: ...llectively "Defendants"), and Does 1 to 20 for: 1) 2) 3) 4) Goods Sold and Delivered; Account Stated; Open Book Account; and On Written Personal Guarantee Against On September 29, 2022, Plaintiff filed a Motion for Summary Judgment or Summary Adjudication, in the alternative. On March 23, 2023, Defendants filed opposing papers. Plamtiff filed a reply on March 29, 2023. LEGAL STANDARD The purpose of a motion for summary judgment or summary adjudic...

Excerpt: ... Elliott (1) MOTION FOR PROTECTIVE ORDER AND ORDER SETTING DISCOVERY SEQUENCE AND SANCTIONS AND (2) MOTION TO COMPEL PLAINTIFF/CROSS-DEFENDANT DEPOSITION TENTATIVE RULING 1) 2) Plaintiff s Motion for a Order and Order Setting Discovery Sequence is DENIED. The Court also DENIES Plaintiff s and Defendants: request for sanctions in connection to the Motion for a Protective Order and Order Setting Discovery Sequence. The Coun GRANTS Defendants' Motio...

Excerpt: ...dified to be more limited in scope, as follows: RPD No. 10 "All versions of the Warranty Policies and Procedures Manual published by YOU and provided to YOUR authorized repair facilities regarding vehicles of the same make and model as the subject vehicle withm the state of California effective from Plaintiffs date of purchase of the SUBJECT VEHICLE to the present date." RPD No. 11 "A copy of the Workshop Manual speci$ing diagnosis and repair pro...

Excerpt: ...under the Song-Beverly Warranty Act and Breach of Express Warranty under the Song-Beverly Warranty Act and On November 07, 2022, Defendant GM moved for summary judgment as to the fivo causes of action in Plamtiffs Complaint Plamtiff filed opposing papers on March 07, 2023. No reply has been filed. LEGAL STANDARD The purpose of a motion for summary judgment or summary adjudication "is to provide courts mth a mechanism to cut through the partie< pl...

Excerpt: ...rebrisky is GRANTED. The Court also GRANTS the Plaintiffs' request for monetary sanctions in the amount of $1,760.00, to be equally divided befiveen each defendant BACKGROUND On December 15, 2020, Global Interactive Enterprises, Inc. and CHWD Ventures, LLC ("Plaintiffs") initiated the present action by filing a Complaint agamst Maybrook Homes, LLC, Hercules Development LLC, and Ezequiel Serebrisky. The operative First Amended Complaint added Vlad...

Excerpt: ...nts' Motion for Summary Judgment or Summary Adjudication in the alternative, is DENIED. BACKGROUND In this action, several sheriffs deputies—Plaintiffs Art Hernandez, Alfred Gonzalez, Benjamin Zaredini, David Casas, Louis Granados, Mario Contreras, Oscar Escobedo, and Ariela Lemus— who were formerly assigned to the East Los Angeles station allege that they were pressured to quit their jobs or leave the station and that they were otherwise har...

Excerpt: ...roperties; and GHP Management Corporation filed a Complaint against Aquatherm, LP ("ALP"); Aetna NA, L.C. ("ANA"); Aquatherm GMBH ("Aquatherm") and Does 1 to 25 for: Breach of Express Warranty; Strict Products Liability - Manufacturing Defect; and Strict Products Liability - Design Defect. Defendants ALP and ANA each filed an answer on August 06, 2021. On April 14, 2022, Defendant Aquatherm filed a Motion to Quash Service of Summons based on lack...

Excerpt: ...TO THOMAS NORRIS TENTATIVE RULING Plamtiffs' Motion to Compel Defendant Thomas Norris' response to Supplemental Interrogatory and Supplemental Request for Production of Documents is GRANTED. Plamtiffs' request for monetary sanctions is GRANTED IN PART in the amount of $1,141.85 against Defendant Thomas Norris. BACKGROUND On March 12, 2021, Plaintiffs 910 Torrance Blvd., LLC, Leslie H. Winner, and Lynda Winner, individually and as trustee of the W...

Excerpt: ...merica, Inc. ("Kia") and Does 1 to 10. The Complaint alleges causes of action for: Violation of the Song-Beverly Act, Breach of Express Warranty; Violation of the Song-Beverly Act, Breach of Implied Warranty; Violation of the Song-Beverly Act S 1793.2; Fraudulent Inducement - Concealment; and Fraudulent Inducement - Intentional Misrepresentation. On November 11, 2021, Defendant moved for summary adjudication of Plaintiffs second, third, foufth, a...

Excerpt: ... 1 to 10. The operative First Amended Complaint (PAC) asserts causes of action for: Violations of Building Standards as outlined in Cal. Civ. Code S 896 Breach of Contract Breach of Express and Implied Warranty F raud Strict Liability On October 07, 2022, Defendants' demurrer to Plaintiffs fourth cause of action for fraud was SUSTAINED WITH LEAVE TO AMEND. On November 28, 2022, Defendants filed a demurrer to Plaintiffs fourth cause of action. Pla...

Excerpt: ...iff's request for further responses to request Nos. 2-4, 8, and 15 is GRANTED. The Court also GRANTS Plaintiff's Motion to Compel Further Responses to Plaintiff's Form Interrogatories No. 3.6(c) background On March 09, 2021, Plaintiff Rod Linsangan filed a this PAGA action against GradaWorld; and Grada CL West Inc.; and Does 1 to 100 for: 1) Failure to allow or pay for meal breaks; 2) Failure to allow or pay for rest breaks; 3) Failure to pay reg...

Excerpt: ...or 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. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 843.) “Code of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all...

Excerpt: ...ile a separate statement in compliance with California Rules of Court, rule 3.1350 subdivision (e). BACKGROUND This action arises out of a breach of a commercial lease. On December 09, 2021, Plaintiff Azusa Rowland, LLC filed a Complaint against Fitness Sports Clubs, LLC; Fitness International, LLC (collectively “Defendant” or “Fitness”) and Does 1 to 10. The operative First Amended Complaint (FAC) alleges causes of action for: (1) Breach...