Excerpt: ...on of Defendant's Most Qualified (PMQ) and Custodian of Records. Defendant filed opposing papers on December 02, 2022. Plaintiff filed a reply on December 06, 2022. LEGAL STANDARD Code of Civil Procedure section 2025.450, section (a) states in relevant part:¿¿ ¿ If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a par...

Excerpt: ...aintiffs filed six (6) Amendments to Complaint (Fictitious/Incorrect Name) naming Mazak Corporation; Haas Automation, Inc.; Precision Specialty Metals, Inc.; Alcoa, Inc.; Special Metals Corporation, individually and as Successor-by-Acquisition to Inco Alloys International, Inc.; and Joseph T. Ryerson & Son, Inc. (erroneously sued as Ryerson Holding Corporation, individually and as Successor-by-Acquisition to Atlas Ideal Metals) as Does 1 through ...

Excerpt: ...Karayan Consulting Group (“KCG”), and Cedar Business Services, LLC (“CBS”). On February 5, 2021, Defendant Karayan (hereinafter referred to as “Defendant”) filed a Cross- complaint (“XC”) asserting causes of action (1) breach of written contract, (2) quantum meruit, (3) account stated, (4) book account, and (5) declaratory relief against Plaintiff, SCPS Unlimited LLC (“SCPS”), Craig Currie (“Craig”), Doris Samantha Currie ...

Excerpt: ...tion of Song-Beverly Consumer Warranty Act for breach of implied warranty of merchantability, and (7) strict liability against Defendant Tesla, Inc. (“Defendant”). On September 26, 2022, Defendant Moved for Summary Adjudication on Plaintiff's second, third, fourth, and fifth causes of action. Plaintiff filed opposing papers on November 29, 2022. Defendant filed a reply on December 07, 2022. LEGAL STANDARD The purpose of a motion for summary j...

Excerpt: ...nt United Contractors filed a Cross-Complaint against Greenleaf Engineering, Inc., et al. for indemnification, equitable indemnification, apportionment of fault, and declaratory relief. On November 12, 2020, Cross-Defendant Greenleaf Engineering (“Greenleaf”) filed a Cross-Complaint against Zoes 1-50 for equitable indemnity, apportionment, and declaratory relief. On March 25, 2022, each Plaintiff Jean Enock filed a Substitution of Attorney fo...

Excerpt: ...ssion 2) Accounting 3) Declaratory Relief On June 10, 2022, Defendant filed a Demurrer with a Motion to Strike. No opposition has been filed. MEET AND CONFER Before filing a demurrer or motion to strike, the moving party must meet and confer in person or by telephone with the party who filed the pleading to attempt to reach an agreement that would resolve the objections to the pleading. (Code Civ. Proc., §§ 430.41, 435.5.) “Any determination ...

Excerpt: ...Hyundai Motor America (“Defendant”) violated the Song-Beverly Consumer Warranty Act by failing to repair the aforementioned defects and failing to repurchase the Subject Vehicle. On July 20, 2020, Plaintiffs initiated this case. Later, Plaintiffs filed the operative First Amended Complaint which alleges causes of action for (1) Violation of Song-Beverly Consumer Warranty Act— Breach of Express Warranty; (2) Violation of Song-Beverly Consume...

Excerpt: ...Hyundai Motor America (“Defendant”) violated the Song-Beverly Consumer Warranty Act by failing to repair the aforementioned defects and failing to repurchase the Subject Vehicle. On July 20, 2020, Plaintiffs initiated this case. Later, Plaintiffs filed the operative First Amended Complaint which alleges causes of action for (1) Violation of Song-Beverly Consumer Warranty Act— Breach of Express Warranty; (2) Violation of Song-Beverly Consume...

Excerpt: ...auses of action for on January 24, 2022. The operative First Amended Cross-Compliant (FACC) alleges causes of action for: (1) Breach of Contract, (2) Declaratory Relief On July 05, 2022, Plaintiff filed a demurrer to Defendant's FACC. Defendant filed opposing papers on November 18, 2022. Plaintiff filed a reply on November 28, 2022. LEGAL STANDARD Where pleadings are defective, a party may raise the defect by way of a demurrer.¿ (Coyne v. Krempe...

Excerpt: ... for (1) Partition by Sale and (2) Declaratory Relief. On July 15, 2022, Defendant filed a Demurrer to Plaintiff's FAC. On July 16, 2022, Plaintiff filed an opposition. On November 22, 2022, Defendant filed a reply. LEGAL STANDARD Where pleadings are defective, a party may raise the defect by way of a demurrer.¿ (Coyne v. Krempels (1950) 36 Cal.2d 257, 262.) A demurrer tests the sufficiency of a pleading, and the grounds for a demurrer must appe...

Excerpt: ...D FAITH AND FAIR DEALING; 5) MISREPRESENTATION (1); 6) MISREPRESENTATION (2) 7) CONCEALMENT; 8) FALSE PROMISE; 9) CONSTRUCTIVE FRAUD; 10) CONVERSION; 11) COMMON COUNT (ACCOUNT STATED); 12) COMMON COUNT (MONEY HAD AND RECEIVED); 13) COMMON COUNT (MONEY LENT); 14) VIOLATION OF THE CALIFORNIA UNIFORM VOIDABLE TRANSACTIONS ACT; 15) AIDING AND ABETTING; and 16) FRAUDULENT TRANSFER. On November 04, 2022, the Plaintiffs moved for a Protective Order and ...

Excerpt: ...ay the Action Pending Arbitration. Plaintiff filed an opposition on November 15, 2022. Defendant filed a reply on November 21, 2022. LEGAL STANDARD Parties may be compelled to arbitrate a dispute upon the court finding that: (1) there was a valid agreement to arbitrate between the parties; and (2) said agreement covers the controversy or controversies in the parties' dispute.¿ (CCP § 1281.2; see also Omar v. Ralphs Grocery Co. (2004)¿118 Cal.A...

Excerpt: ...ont Porch Communities and Services, and other allegedly responsible parties for Ms. Hall's wrongful eviction. On August 4, 2020, Ms. Hall filed a Complaint against Front Porch Communities and Services, Randy Herzig, Nadine Roisman, Pamela Lowe, and Lis Stephens LVN (collectively, “Defendants”). On January 21, 2021, Ms. Hall's attorney of record informed this Court that Ms. Hall had passed away during the pendency of this action. On June 4, 20...

Excerpt: ... Gov. Code § 12940(j)); 2) Sexual Discrimination in Violation of FEHA (Violation of Gov. Code § 12940(a)) (against the District); 3) Sexual Battery (against Newman); 4) Disability Discrimination in Violation of FEHA (Violation of Gov. Code § 12940(a)) (against the District); 5) Retaliation in Violation of FEHA (Violation of Gov. Code § 12940(h)) (against the District); 6) Retaliation in Violation of Public Policy (against the District); 7) Wh...

Excerpt: ...tates Constitution; and 3) Theft and Robbery of Plaintiff's Property. On June 28, 2022, Defendant filed a Motion for Judgment on the Pleadings. Plaintiff filed an opposition on November 8, 2022. No reply has been filed. MEET AND CONFER A motion for judgment on the pleadings must be accompanied by a meet and confer declaration demonstrating an attempt to meet and confer in person or by telephone, at least five days before the date a motion for jud...

Excerpt: ...ponses to Form Interrogatories, Set One and sanctions in the amount of $1,250.00. No opposition or reply has been filed. On September 14, 2022, the Court granted Plaintiffs'/Cross-Defendants' counsel's request to be relieved as counsel for Plaintiffs/Cross-Defendants. LEGAL STANDARD Requests for Admission When a party to whom requests for admission are directed fails to respond, the party propounding the requests may move for an order that the tr...

Excerpt: ... A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. (Schmidt v. Foundation Health (1995) 35 Cal.App.4th 1702, 1706.) In testing the sufficiency of the complaint, the court must assume the truth of (1) the properly pleaded factual allegations; (2) facts that can be reasonably inferred from those expressly pleaded; and (3) judicially noticed matters. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The ...

Excerpt: ...e § 17200, et seq.) 4) Negligence 5) Breach of Fiduciary Duty 6) Breach of the Duty of Fair Representation On August 30, 2022, Defendant Maribel Hinojosa filed a Cross-Complaint. A Judgment of Dismissal was filed on July 28, 2022, and Defendant California Correctional Pease Officer Association (“CCPOA”) was dismissed from this action. On August 30, 2022, the Plaintiffs moved for Leave to Amend the Third Amended Complaint. Defendant CCPOA fil...

Excerpt: ...iscrimination in violation of Government Code § 12940(k) (against Netflix, Inc.); 5) Retaliation in Violation of Government Code § 12940(h) (against Netflix, Inc.); 6) Retaliation in Violation of Labor Code § 1102.5 (against Netflix, Inc.); 7) Violation of the California Equal Pay Act in Violation of Labor Code §§ 1197.5, 1194.5 (against Netflix, Inc.); 8) Violation of the Bane Act in Violation of Civil Code § 52.1 (against all Defendants);...

Excerpt: ... On November 01, 2022, Plaintiff filed opposing papers. No reply has been filed. LEGAL STANDARD A defendant . . . may serve and file a notice of motion for one or more of the following purposes: (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her. . ..”. (C.C.P. § 418.10(a).) A court lacks jurisdiction over a party if there has not been proper service of process. (See Ruttenberg v. Ruttenberg (199...

Excerpt: ... repay him. On July 08, 2022, Plaintiff filed a Motion for Summary Judgment or Summary Adjudication in the alternative. Defendant filed opposing papers on November 01, 2022. Plaintiff filed a reply on November 07, 2022. 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 ...

Excerpt: ...ty Unit; State of California; State of California Division of Occupational Safety and Health Elevator Unit; and Does 1 through 110. On November 21, 2019, the Plaintiffs filed the First Amended Complaint (“FAC”). The FAC asserts causes of action for: 1) Negligence; 2) Negligence – Common Carrier; 3) Premises Liability; 4) Negligent Products Liability – Failure to Warn; 5) Strict Products Liability – Manufacturing Defect; 6) Strict Produc...

Excerpt: ...he exclusivity provision of the Workers' Compensation Act (WCA). (Min. Or. 04/29/22.) The First Amended Complaint (FAC) asserts claims against Intact Insurance Group USA, LLC d/b/a OneBeacon; Atlantic Specialty Insurance Company; Homeland Insurance Company of New York; Great West Casualty Company; Forward Aire, Ink. f/k/a Towne Air Fright (collectively “Defendants”) and Does 4 to 20. The FAC alleges causes of action for: 1) Fraudulent Misrepr...

Excerpt: ...istress; 5) Negligence Per Se; 6) Breach of Contract; 7) Negligent Misrepresentation; 8) Premises Liability; 9) Strict Liability/Products Liability; 10) Assault; and 11) Battery. Proof of Service for Defendants Julian Kim and Mappse Weight Loss & Pain Care CT was filed on February 02, 2022. A Statement of Damages was filed on October 17, 2022. Default was entered against Defendants on September 12, 2022. Does 1 to 100 were dismissed on October 06...

Excerpt: ...led Opposing papers on October 24, 2022. Defendant filed a reply on November 11, 2022. 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. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 843.) “Code of Civil Proced...