Excerpt: ...ipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that (1) an answer to a particular interrogatory is evasive or incomplete, (2) an exercise of the option to produce documents under Code of Civil Procedure section 2030.230 is unwarranted or the required specification of those documents is inadequate, or (3) an objection to an interrogatory is without meri...

Excerpt: ...mend to Add Named Representative is GRANTED. (2) Plaintiff's Motion to Compel the Deposition of Defendant's PMQ is GRANTED LEGAL STANDARD I. Leave to Amend Leave to amend is permitted under Code of Civil Procedure section 473, subdivision (a) and section 576. California courts are required to permit liberal amendment of pleadings in the interest of justice between the parties to an action. (Dieckmann v. Superior Court (1985) 175 Cal.App.3d 345, 3...

Excerpt: ... a Complamt against Defendant Daejoong Ji and Does 1 to 10 for: 1) 2) 3) 4) 5) Sexual Assault and Battety; Intentional Infliction of Emotional Distress; Hostile Work Environment; Sexual Harassment; and Failure to Pay All Wages Timely Upon Separation. On February 15, 2023, Plaintiff filed this instant Motion to Compel Responses to Special Interrogatories, Set Two, and Request for Sanctions. No opposition or reply has been filed. LEGAL STANDARD VVh...

Excerpt: ...ice of and request for a sanctions order. BACKGROUND On May 11, 2021, Plaintiff Excel Adjusters Inc. filed this instant action agamst Tigran Petrosyan, Angie Petrosyan, Hripsime Petrosyan, "Tony Y" and Does 1 to 100. The Complaint alleges: 1) 2) 3) 4) Breach of Contract Liable Negligen ce Extortion On January 05, 2023, Defendant Tigran Petrosyan moved for Terminating Sanctions agamst Plaintiff Excel Adjusters. On March 20, 2023 Plaintiff filed a ...

Excerpt: ...instant action against Defendants Creative Artists Agency, LLC ("CAA"); Andrew Miller; Leah Yerushalalm; and Does 1 to 10. The operative First Amended Complaint (PAC) asserts causes of action for: 1) 2) 3) Breach of Fiduciary DuV and Confidentiality; Breach of Contract; and Breach of Implied Covenant of Good Faith and Fair Dealing. Plamtiff is a professional television writer and was represented by Defendant CAA through Defendants Miller and Yeru...

Excerpt: ...'s Inc., Michelle D. Gass; Louis Bellassani, and Le Dabney, by special appearance filed a Motion to Quash Service of Summons. On February 08 2023, the Court granted Defendants Kohl's Inc.'s Motion for an Order Quashing Service of Summons as to Defendants Kohl's Inc.; Michelle D. Gass, Louis Bellassai, and Le Dabney. On February 24, 2023, Plaintiff filed a Motion for Reconsideration of the February 08, 2023 Order. The Motion is now before the Cour...

Excerpt: ...lity and Age in Violation of FEHA (Gov. Code §12940(a)); 2) Failure to Provide Reasonable Accommodation, Pursuant to Government Code §12940(m); 3) Failure to Engage in a Timely and Good Faith Interactive Process, Pursuant to Government Code §12940(n); 4) Retaliation, Pursuant to Government Code §§12940(h) and 12940(m); 5) Failure to Prevent Discrimination and Retaliation, Pursuant to Government Code §12940(k); 6) Harassment in Violation of ...

Excerpt: ...12940(a); 2) Race Discrimination in Violation of Government Code § 12940(a); 3) Harassment in Violation of Government Code §§ 12923 and 12940(j); 4) Violation of Government Code § 12940(k); 5) Violation of Government Code § 12940(h); 6) Retaliation in Violation of Labor Code § 1102.5; 7) Violation of Labor Code §§ 1197.5, 1194.5; 8) Wrongful Termination in Violation of Public Policy; 9) Defamation; and 10) Intentional Infliction of Emotio...

Excerpt: ...alifornia Permanente Medical Group; Kaiser Foundation Health Plaint; and Does 1 to 200 for: 1) Elder Abuse; 2) Negligence; and 3) Violation of Residents' Rights. On February 24, 2023, the Court granted Defendant Beverly Hills Rehabilitation Centre's Motion to Compel Arbitration and Stay Proceedings. (Min. Or. 02/24/23.) On October 11, 2022, Defendants Kaiser Foundation Health Plan, Inc.; Kaiser Foundation Hospitals; and Southern California Perman...

Excerpt: ...laintiff filed a Complaint on September 28, 2020 against Force 12 Training Center and the City of Los Angeles. Defendant City of Los Angeles (“Defendant”) filed the instant Demurrer and Motion to Dismiss (“Demurrer”) on February 7, 2023. To date, the Court has not received opposition papers from Plaintiff. Opposition papers were due on March 1, 2023. Defendant filed reply papers on March 3, 2023. The instant Demurrer is unopposed. Request...

Excerpt: ...58, 261, 263, 266-274, 277-329, 331-336, 338-342, 344- 359, 361-366, 368-395, 397-399-401-403, 405-415, 417-423, 425-427, 429-456, 458-482, and 484-514. The Court orders the stricken portions be refiled to comport with Code of Civil Procedure section 437c subdivision (b)(1) and California Rules of Court, rule 3.1350 subdivision (e), no later than April 7, 2023. Defendants may file a response to the Separate Statement no later than April 17, 2023....

Excerpt: ... Intentional Infliction of Emotional Distress (against Does 1-20) On August 31, 2022, the demurrer to Plaintiff's First Amended Complaint was SUSTAINED WITH LEAVE TO AMEND. On December 02, 2022, Defendant Nowhere Partners, LLC filed a demurrer without a motion to strike Plaintiff's SAC. Plaintiff filed opposing papers on February 21, 2022. MEET AND CONFER Before filing a demurrer, the demurring party is required to meet and confer with the party ...

Excerpt: ...0, et seq.); 4) Negligent Supervision and Retention; 5) Wrongful Constructive Termination in Violation of Public Policy; and 6) 6. Failure to Pay All Wages Earned Upon Discharge (Labor Code §§ 201-203). On September 13, 2022, Plaintiff filed three motions to compel the deposition of Karen Kelly, Robert Canizalez, and Travis Kelly and monetary sanctions. On September 13, 2022, Plaintiff filed a motion to compel further responses to Defendant Rob...

Excerpt: ...f action for: 1) Discrimination based on Race in violation of Civil Rights, 2) Trespass to Property; 3) Invasion and Intrusion of Privacy and Private Affairs; and 4) Intentional Infliction of Emotional Distress. On October 07, 2022, Plaintiff and Defendant City of Burbank entered into a joint stipulation to dismiss the City of Burbank as a Defendant. On October 06, 2022, Defendant County of Los Angeles filed a demurrer without a motion to strike ...

Excerpt: ...Inc. only is GRANTED WITH 30 DAYS LEAVE TO AMEND and DENIED as to Defendant Stephen B. Clark. BACKGROUND On November 4, 2019, Plaintiff David Phillips filed the instant action against Defendants Charles Joseph Vaillancourt (“Charles”); Patrick D. Vaillancourt (“Patrick”); Vaillancourt Development; Westward; Stephen B. Clark aka Steve Clark; Compass California, Inc. (“Compass”); and Does 1 through 50. The Complaint asserts causes of ac...

Excerpt: ... operative First Amended Complaint alleges causes of action for: 1) Violation of Song-Beverly Act, Breach of Express Warranty; 2) Violation of the Song-Beverly Act, Breach of Implied Warranty; 3) Fraudulent Inducement – Concealment; and 4) Fraudulent Inducement- Misrepresentation. On November 04, 2022, Plaintiff filed this instant motion to Compel the Deposition Attendance of Kia's Person Most knowledgeable and Custodian of Records. Defendant f...

Excerpt: ... 4) to set aside fraudulent creation of second lien on real property; and 5) quiet title. On November 08, 2022, Defendant Jose Ontiveros, Jr. filed a demurrer and a motion to strike Plaintiff's First Amended Complaint. On December 07, 2022, this Court granted Defendant's Motion to Strike the FAC without leave to amend. Plaintiff filed opposing papers on February 23, 2023, to Defendant's demurrer. Defendant filed a reply on September 27, 2023. MEE...

Excerpt: ...er, individually and as trustees of the Winner Family Living Trust (collectively, “Plaintiffs”) initiated the instant action by filing a Complaint against London Towne Center, LLC and Thomas Norris (collectively, “Defendants”). The Plaintiffs' Complaint alleges the following causes of action: (1) Partition of Real Property; (2) Accounting; (3) Breach of Fiduciary Duty' (4) Constructive Trust; (5) Declaratory and Injunctive Relief; and (6)...

Excerpt: ... Jaime Hernandez, and Does 1 Through 20, inclusive. The Complaint asserts causes of action for: (1) Discrimination in Violation of Gov't Code §§12940 et seq.; (2) Harassment in Violation of Gov't Code §§12940 et seq.; (3) Retaliation in Violation of Gov't Code §§12940 et seq.; (4) Failure to Prevent Discrimination, Harassment and Retaliation in Violation of Gov't Code §12940(K); (5) Retaliation in Violation of Gov't Code §§12945.2 et. se...

Excerpt: ...Lab. Code § 1101.5; (5) Wrongful Termination in Violation of Public Policy, and (6) Intentional Infliction of Emotional Distress. On December 9, 2022, Defendant Beachbody LLC filed this instant Motion to Compel Arbitration. On January 19, 2023, Plaintiff filed opposing papers. Defendant filed a reply on January 25, 2022. On February 1, 2023, the Court continued the hearing to allow the parties to submit supplemental briefs as to whether the Endi...

Excerpt: ...) Trespass; and 4) Quiet Title. On December 8, 2022 the Court sustained in part the Demurrer and granted in part the Motion to Strike. On June 10, 2022, Defendant Fidel Romano filed a Cross-Complaint against Plaintiff for: 1) Quiet Title by Adverse Possession; 2) Accounting; and 3) Declaratory Relief. Defendant/Cross-Complainant filed a first Amended Cross-Complaint on August 02, 2022. Cross-Complainant now seeks leave to file a Second Amended Cr...

Excerpt: ...te Proffitt Productions as defendants and reduced the number of Doe defendants to 20. The SAC asserts 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 (aga...

Excerpt: ...perative First Amended Complaint (FAC) alleges causes of action for: 1) Fraud, 2) Conversion; 3) Violation of Penal Code Section 496; and 4) Unjust Enrichment. On September 19, 2022, Defendants filed a Demurrer to the FAC. Plaintiff filed opposing papers on February 15, 2023. Defendants filed a reply on February 22, 2023. MEET AND CONFER Before filing a demurrer or motion to strike, the moving party must meet and confer in person or by telephone ...

Excerpt: ...int against Aspen Specialty Insurance, Evanston Insurance Company, Interstate Fire & Casualty Company, Lexington Insurance Company, MT. Hawley Insurance Company, Sovereign Insurance, and Does 1-50. The operative First Amended Complaint (FAC) alleges two causes of action for Equitable Contribution and Declaratory Relief and adds Defendant James River Insurance Company. Aspen Specialty Insurance Company was dismissed as a Defendant on September 17,...

Excerpt: ...er Foundation Health Plaint; and Does 1 to 200 for: 1) Elder Abuse; 2) Negligence; 3) Violation of Residents Rights. On September 15, 2022, BHRC filed a petition to compel arbitration and stay proceedings. The petition was denied without prejudice on November 01, 2022. Defendant BHRC filed a renewed Motion to Compel Arbitration on November 10, 2022. The hearing was continued to allow Plaintiff to file opposing papers. Plaintiff filed opposing pap...