Excerpt: ...(“FAC”). The FAC asserts causes of action for: (1) Judicial Dissolution and Appointment of a Receiver; (2) Breach of Fiduciary Duty; (3) Aiding and Abetting Breach of Fiduciary Duty; (4) Accounting; (5) Enforcement of Books and Records Demand; and (6) Fraud/Concealment. Discovery is ongoing. Two discovery motions are before the Court: (1) Plaintiff's motion to compel further responses to Special Interrogatories, Set One from Defendants LGI; a...

Excerpt: ...of Article 1, Section 7 of the California Constitution; (2) Violation of “Marsy's Law” – Article 1, Section 28(b) of the California Constitution; and (3) Code of Civil Procedure § 526a. On September 3, 2020, the Court sustained the City's demurrer to the first and second causes of action in the Petition with leave to amend and stayed the third cause of action pending resolution of the writ petition found in the first and second causes of a...

Excerpt: ...of FEHA; 2. Discrimination in violation of FEHA; 3. Retaliation in violation of FEHA; and 4. Failure to take necessary remedial action in violation of FEHA. Defendants City of Los Angeles (“City”), Leitner, and Cisneros, by and through DWP, demur to the first cause of action in the Complaint. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action. Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.¿When con...

Excerpt: ...d $245,080.19. This includes damages in the amount of $200,591.32, consisting of $114,850.42 in unpaid overtime; $14,998.50 for missed rest breaks; $14,998.50 for missed lunch breaks; $46,985.00 as minimum wage deficiency; $4,000 under Cal. Labor Code 426(e); and $4,758.90 as waiting time penalties under Cal. Labor Code 203. Interest is awarded in the amount of $25,598.56; costs in the amount of $1,126.07; and attorney's fees in the amount of $11...

Excerpt: ...§ 12940(j)]; (3) Retaliation for Exercising Rights Under FEHA [Gov. Code § 12940(h)]; (4) Failure to Prevent Harassment, Discrimination, & Retaliation [Gov. Code §12940(k)]; (5) Whistleblower Retaliation [Cal. Lab. Code § 1102.5]; (6) Failure to Pay Minimum Wages [Cal. Lab. Code § 1197]; (7) Failure to Pay Overtime Compensation [Cal. Lab. Code §§ 510, 1194, 1198; IWC Wage Order No. 4- 2001]; (8) Failure to Pay Meal Period Compensation [Cal...

Excerpt: ...ts filed a Cross-Complaint against Plaintiff alleging the following causes of action: (1) Breach of Contract; (2) Breach of Covenant of Good Faith and Fair Dealing; (3) Fraud/Intentional Misrepresentation; (4) Negligent Misrepresentation; and (5) Violation of California Business & Professions Code § 17200 On December 30, 2020, Plaintiff/Cross-Defendant filed a Demurrer challenging the sufficiency of Defendants'/Cross-Complainants' Cross-Complain...

Excerpt: ...igations Under the Song-Beverly Act. (See Defendant's Motion, Exh. 1 (Plaintiff's Complaint), ¶¶ 15-34.) Plaintiff seeks replacement or restitution, incidental damages, consequential damages, prejudgment interest, civil penalty, attorney's fees, costs, and for such other and further relief as the Court may deem just and proper. (Id.) Legal Standard A party to an arbitration agreement may seek a court order compelling the parties to arbitrate a ...

Excerpt: ...ted injury to his face and shoulder constituting a disability. (Compl., ¶ 20.) The Complaint alleges that although the first doctor sent Plaintiff back to work without restrictions, Plaintiff was later placed on modified work duties, which Defendants did not respect. (Compl., ¶¶ 21-22.) Plaintiff alleges he underwent two surgeries for his nose and shoulder, and was terminated under the false pretext that Plaintiff violated company policy by no...

Excerpt: ...Code § 17200; 8) invasion of right of privacy; 9) harassment; 10) retaliation; 11) breach of the covenant of quiet enjoyment; 12) unlawful discrimination; and 13) declaratory relief. Plaintiff is a tenant of a residential apartment owned by Defendant, and Plaintiff's causes of action arise from substandard conditions of the property including electrical defects, rat infestation, mosquito infestation, inoperative refrigerator, and a loose stair r...

Excerpt: ...each of Contract (against Charles); (2) Intentional Misrepresentation (against Charles, Patrick, Vaillancourt Development, Westward, and Does 1-10); (3) Intentional Misrepresentation (against Clark, Compass, and Does 21-30); (4) Negligent Misrepresentation (against Clark, Compass, and Does 21-30); (5) Negligence (against Charles, Patrick, Vaillancourt Development, Westward, and Does 1-10); (6) Breach of Express Warranty (against Charles, Patrick,...

Excerpt: ...; 4. Fraudulent Inducement – Concealment; and 5. Fraudulent Inducement – Intentional Misrepresentation. On April 15, 2021, the Court granted Defendant's motion for summary adjudication as to the second, fourth, and fifth causes of action and the claim for punitive damages, leaving the first and third causes of action. Plaintiff now moves for an order compelling Defendant to produce its Person Most Knowledgeable (“PMK”) and Custodian of Re...

Excerpt: ...t 2005 separate property of RF Kirshner; Veronica J. Mickelsen; and Monia K. Swafford, trustee of the Monica K. Swafford Trust dated February 2, 2005. The Complaint asserts causes of action for: (1) Breach of Contract; (2) Breach of Implied Warranty of Habitability; (3) Nuisance; (4) Intentional Infliction of Emotional Distress; (5) Negligence; (6) Wrongful Eviction; and (7) Violation of Cal. Civ. Code section 1942.4. Defendants now demur to the ...

Excerpt: ... cause of action as to CyberSource. On November 18, 2019, Plaintiffs filed the Second Amended Complaint (“SAC”). The SAC asserts causes of action for: (1) Malicious Prosecution; (2) Setting Aside Fraudulent Transfer; (3) Conspiracy to Defraud; and (4) Declaratory Relief. On February 7, 2020, the Court sustained Defendant's demurrer to the second, third, and fourth causes of action without leave to amend, dismissing Defendant with prejudice. I...

Excerpt: ...poration; 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) (“Ryerson”) as Does 1 through 6, respectively. On April 21, 2020, Plaintiffs filed another Amendment to C...

Excerpt: ...et seq.). The Complaint alleges the following violations: (1) Failure to Provide Required Meal Periods (Cal. Labor Code §§ 226.7, 512; IWC Wage Order No. 7-2001, § 11); (2) Failure to Provide Required Rest Periods (Cal. Labor Code § 226.7; IWC Wage Order No. 7-2001, § 12); (3) Failure to Pay Overtime Wages (Cal. Labor Code §§ 510, 1194, 1198; IWC Wage Order No. 7-2001, § 3); (4) Failure to Pay Minimum Wages (Cal. Labor Code § 1194, 1197;...

Excerpt: ...velopment, Inc. (“BC Design”); and Does 1 through 10. 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 Good Faith and Faith Dealing. On April 12, 2021, 1617 Viewmont filed a Second Amended Cross-Complaint (“SAXC”) against Boswell Construction, Inc. (“Boswell Construction...

Excerpt: ...e Daily Mail; and Salem Media); (2) Civil Conspiracy to Violate Civil Code Section 1708.85; (3) Intentional Infliction of Emotional Distress (against Heslep); and (4) Action Based on Bus. Prof. Code Section 17200 (against the Daily Mail and Salem Media). On April 7, 2021, the Court granted the Daily Mail's anti-SLAPP motion in its entirety, striking the first, second, and fourth causes of action as to the Daily Mail (hereinafter “Defendant”)....

Excerpt: ...Daily Mail; and Salem Media); (2) Civil Conspiracy to Violate Civil Code Section 1708.85; (3) Intentional Infliction of Emotional Distress (against Heslep); and (4) Action Based on Bus. Prof. Code Section 17200 (against the Daily Mail and Salem Media). On May 8, 2021, the Court granted Defendant Van Laar's anti-SLAPP motion in its entirety, striking the first and second causes of action as to Defendant Van Laar (hereinafter “Defendant”). Defe...

Excerpt: ...ts Waters and Citizens' (collectively referred to herein as “Defendants”) anti-SLAPP motion. Defendants now move for attorney fees and costs in the amount of $53,589.30 incurred in connection with their successful anti-SLAPP motion and the instant motion for attorney fees and costs. Legal Standard Pursuant to Code of Civil Procedure section 425.16(c), a prevailing defendant is entitled to recover attorneys' fees and costs associated with the ...

Excerpt: ...q.; (3) Retaliation in Violation of Gov't Code §§ 12940 et seq.; (4) Failure to Provide Reasonable Accommodation in Violation of Gov't Code §§ 12940 et seq.; (5) Failure to Engage in a Good-Faith Interactive Process in Violation of Gob't Code §§ 12940 et seq.; (6) Failure to Prevent Discrimination, Harassment, and Retaliation in Violation of Gov't Code § 12940(k); and (7) Declaratory Judgment. The County now demurs to the seventh cause of ...

Excerpt: ...nding”) filed a Cross-Complaint against Trojan; Wilmington Trust, National Association (“Wilmington”); Nationstar Mortgage LLC dba Mr. Cooper (“Nationstar”); NBS Default Services, LLC (“NBS”); Affinia Default Services, LLC (“Affinia”); Hovesep Hunanyan; and Moes 1 through 100. On May 3, 2021, Cross-Complainant filed the First Amended Cross-Complaint (“FAXC”). The FAXC asserts causes of action for: (1) Declaratory Relief (aga...

Excerpt: ...) Breach of Contract; and (2) Account Stated. On December 4, 2020, Defendant Miracle Restaurants, LLC filed a Notice of Bankruptcy Filing indicating that on November 30, 2020, Defendant Miracle Restaurants, LLC, by and through its Chief Executive Officers, Jamie Bynum, filed for Chapter 11 bankruptcy. That same day, pursuant to the Notice of Bankruptcy Filing, the Court vacated the Non-jury Trial scheduled for December 7, 2020 and stayed the case...

Excerpt: ... Third Amended Complaint (“TAC”), which includes Defendant General Motors LLC (“GM”). The TAC asserts causes of action for: (1) Violation of the Consumers Legal Remedies Act; (2) Violation of the Song-Beverly Consumer Warranty Act; (3) Violation of Business and Professions Code § 17200, et seq.; (4) Fraud and Deceit; (5) Negligent Misrepresentation; and (6) Violation of Vehicle Code § 11711, et seq. On September 11, 2020, Plaintiffs dis...

Excerpt: ...n for harassment on the basis of pregnancy, sex, and/or disability with leave to amend. On February 25, 2021 Plaintiff filed the First Amended Complaint (“FAC”). The FAC asserts causes of action for: (1) Pregnancy and Sex Discrimination (Cal. Gov. Code § 12940(a)) (against Movado Defendants); (2) Disability Discrimination (Cal. Gov. Code § 12940(a)) (against Movado Defendants); (3) Failure to Accommodate (Cal. Gov. Code § 19240(m)) (agains...

Excerpt: ... Santo Gonzalez. On November 25, 2020, Porfirio Santo Gonzalez was dismissed without prejudice. On December 14, 2020, the Court denied Plaintiff's request for entry of default judgment without prejudice noting several deficiencies with Plaintiff's prove-up packet. The Court then set an OSC re: Dismissal for March 2, 2021 at 9:30 am. On March 2, 2021, there were no calls or appearances on behalf of any party to the action. The Court then dismissed...

Excerpt: ...lite Building Products, LLC; Sika Corporation; Quikrete International, Inc.; T. Christy Enterprises, LLC; Crawford Products Company, Inc.; The Dow Chemical Company; Henry Company, LLC; Masterchem Industries, LLC; Sashco, Inc.; Henkel Corporation; CTS Cement Manufacturing Corporation; RVC Venture Corp. dba Riverside Cement Co.; Sakrete of North America, LLC; United States Gypsum Company; Momentive Performance Materials, LLC; Vogel Paint & Wax Comp...

Excerpt: ...ub dba Hollywood Associates, LLP) (“6506 Hollywood Associates” or “Playhouse”); Muse Lifestyle Group; Robert Vinokur (erroneously sued as Robert Vinakour); and Does 1 through 100. The Complaint asserts causes of action for: (1) Negligence; (2) Premises Liability; (3) Strict Products Liability: Design Defect; (4) Strict Liability: Failure to Warn; and (5) Products Liability: Negligence. On December 17, 2018, Plaintiff dismissed Defendant M...

Excerpt: ...h prejudice. On April 16, 2018, Trojan (hereinafter “Cross-Complainant” or “Trojan”) filed the Cross- Complaint against Western Pacific and Roes 1 through 25. On April 5, 2019, Cross-Complainant filed the Verified First Amended Cross-Complaint (“FAXC”) against Western Pacific; Avetis Avetikyan; Hovsep Hunanyan; PS Funding, Inc.; Wilmington Trust, National Association, as Successor Trustee to Citibank, N.A. as Trustee to Lehman XS Trus...

Excerpt: ...Beverly Act section 1793.2; and (4) Negligent Repair. On February 3, 2021, the Court granted Plaintiff's motion to compel Defendant FCA US LLC's responses to Plaintiff's Special Interrogatories, Set One. The Court ordered Defendant FCA US LLC (hereinafter “Defendant”) to provide verified, code-compliant responses without objections within thirty (30) days. Plaintiff now moves for an order compelling Defendant's compliance with the Court's Feb...

Excerpt: ...overed claims” of insolvent insurers under the provisions of Article 14.2 of the Insurance Code, became involved in this matter due to the declaration of insolvency of Northwestern National Insurance Company (“NNIC”) in 2019. CIGA asserts it is a successor as to certain of NNIC's obligations qualifying as “covered claims” under Article 14.2 of the Insurance Code. NNIC was a liability insurer whose insured allegedly injured Respondent's ...

Excerpt: ...ol District (“TUSD”); Jon Pearson; Ben Egan; Chris Sheck; Sue Key; Andrew McCarty; and Does 1 through 50. On April 6, 2021, the Second Amended Complaint (“SAC”) was filed. The SAC removes Contreras, individually, as a Plaintiff. The SAC asserts causes of action for: (1) Negligence; and (2) Violation of Tom Bane Civil Rights Act – Civil Code § 52.1. Defendants demur to the entirety of the SAC and move to strike allegations related to pu...

Excerpt: ...2019, the Court granted Plaintiff's motion for summary adjudication of the first cause of action for partition by sale. On August 20, 2019, the Court held an OSC re: Appointment of Referee. At the hearing, Plaintiff informed the Court that the case was close to settling. On October 17, 2019, a Notice of Settlement of Entire Case was filed. On February 10, 2020 the Court granted the Stipulation and Order re: Dismissal and Retention of Jurisdiction...

Excerpt: ...ended 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; Alan Bond; and John Charland as defendants. The SAC asserts causes of action for: (1) Judicia...

Excerpt: ...ud (Civ. Code § 3412); (3) Cancellation of Subject Grant Deed and Cancellation of Subject Deed of Trust – Undue Influence (Civ. Code § 1575(1), 3412); (4) Cancellation of the Subject Grant Deed – Mistake of Fact (Civ. Code § 1577); (5) Quiet Title – Subject Grant Deed; (6) Quiet Title – Subject Deed of Trust; and (7) Constructive Trust. Defendant Hometown Equity Mortgage, LLC (hereinafter “Defendant”) now moves for leave to file a ...

Excerpt: ...n claiming any legal or equitable title, or interest in the property described in the complaint adverse to the Plaintiffs' or any cloud on Plaintiffs' title to that property; and Does 1 to 10. The action concerns property located at 1654 East Altadena Drive, Altadena, California 91001. On May 14, 2019, Plaintiffs filed an Amendment to Complaint (Fictitious/Incorrect Name) substituting 1654 E. Altadena LLC as Doe 1. On July 7, 2020, the Court sust...

Excerpt: ...d as Robert Vinakour); and Does 1 through 100. The Complaint asserts causes of action for: (1) Negligence; (2) Premises Liability; (3) Strict Products Liability: Design Defect; (4) Strict Liability: Failure to Warn; and (5) Products Liability: Negligence. 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) subst...

Excerpt: ...lation of Gov't Code § 12940(k); (4) Failure to Provide Reasonable Accommodations in Violation of Gov't Code § 12940 et seq.; (5) Failure to Engage in a Good Faith Interactive Process in Violation of Gov't Code § 12940 et seq.; (6) Retaliation in Violation of Gov't Code § 12945.2 et seq.; (7) Denial of and Discrimination Based Upon the Use of Sick Leave (Labor Code § 233, 234, and 246.5); (8) Declaratory Judgment; (9) Wrongful Termination in...

Excerpt: ...n May 29, 2019, the Court granted Plaintiff's motion for summary adjudication of the first cause of action for partition by sale. On August 20, 2019, the Court held an OSC re: Appointment of Referee. At the hearing, Plaintiff informed the Court that the case was close to settling. On October 17, 2019, a Notice of Settlement of Entire Case was filed. On February 10, 2020 the Court granted the Stipulation and Order re: Dismissal and Retention of Ju...

Excerpt: ...oss-Complaint against Erik D. Hepler; The Ellen Hepler Estate; Adriana Luna Hepler; Mark J Hepler; Shea M Hepler; Christopher Hepler; Kathryn L Hepler; Gary Nelson Hepler; Harry Hepler; Chris Hepler; Norma Hepler; Harry Hepler; Ty Hepler; Larry D. Mikelson; Ian A. Mikelson; Mikelson & Mikelson; Mark E. Swatik; Burkley, Brandlin & Swatick; and Roes 1 through 20. The Cross-Complaint asserts causes of action for: (1) Quiet Title; (2) Breach of Contr...

Excerpt: ...; and Salem Media); (2) Civil Conspiracy to Violate Civil Code Section 1708.85; (3) Intentional Infliction of Emotional Distress (against Heslep); and (4) Action Based on Bus. Prof. Code Section 17200 (against the Daily Mail and Salem Media). On February 4, 2021, Defendant Messina (hereinafter “Defendant”) filed an anti-SLAPP motion seeking to strike the entirety of Plaintiff's Complaint. Defendant's anti-SLAPP was set for hearing on March 11...

Excerpt: ...), 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; Alan Bond; and John Charland as defendants. The SAC asserts causes of action for: (1) Judicial Rescission Based Upon Fr...

Excerpt: ...dential Association (the “Association”) filed a Cross-Complaint against McGuire Builders, Inc. (“McGuire”); John Sujishi, Inc.; and Roes 1 through 30. The Cross-Complaint asserts causes of action for: (1) Breach of Contract (against McGuire); (2) Negligence; and (3) Quiet Title. The Association (hereinafter “Defendant”) now moves for an order compelling McGuire (hereinafter “Plaintiff”) to provide further responses to Defendant's ...

Excerpt: ...isrepresentation). On December 13, 2018, the Court ordered the Complaint dismissed without prejudice. Plaintiff now seeks an order entering a stipulated judgment pursuant to Code of Civil Procedure section 664.6 and a Settlement Agreement entered into by the parties. Legal Standard Code of Civil Procedure section 664.6 provides: If the parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or...

Excerpt: ...aint (“TAC”), which includes Defendant General Motors, LLC (“GM”). The TAC asserts causes of action for: (1) Violation of the Consumers Legal Remedies Act; (2) Violation of the Song-Beverly Consumer Warranty Act; (3) Violation of Business and Professions Code § 17200, et seq.; (4) Fraud and Deceit; (5) Negligent Misrepresentation; and (6) Violation of Vehicle Code § 11711, et seq. On September 11, 2020, Plaintiffs dismissed Defendant Me...

Excerpt: ...c Materials; Basalite Building Products, LLC; Sika Corporation; Quikrete International, Inc.; T. Christy Enterprises, LLC; Crawford Products Company, Inc.; The Dow Chemical Company; Henry Company, LLC; Masterchem Industries, LLC; Sashco, Inc.; Henkel Corporation; CTS Cement Manufacturing Corporation; RVC Venture Corp. dba Riverside Cement Co.; Sakrete of North America, LLC; United States Gypsum Company; Momentive Performance Materials, LLC; Vogel...

Excerpt: ...lding Products, LLC; Sika Corporation; Quikrete International, Inc.; T. Christy Enterprises, LLC; Crawford Products Company, Inc.; The Dow Chemical Company; Henry Company, LLC; Masterchem Industries, LLC; Sashco, Inc.; Henkel Corporation; CTS Cement Manufacturing Corporation; RVC Venture Corp. dba Riverside Cement Co.; Sakrete of North America, LLC; United States Gypsum Company; Momentive Performance Materials, LLC; Vogel Paint & Wax Company, Inc...

Excerpt: ...rongful Termination. On February 26, 2021, Calop Business Systems, Inc. (hereinafter “Defendant”) filed the Cross- Complaint against Allan Castaneto (hereinafter “Plaintiff”) and Roes 1 through 10. The Cross-Complaint asserts causes of action for: (1) Breach of Contract; and (2) Common Counts. Plaintiff now moves to strike allegations related to punitive damages and attorney fees. Legal Standard Any party, within the time allowed to respo...

Excerpt: ...ther responses to their Requests for Production, Nos. 30- 33. Legal Standard A motion to compel further responses to a demand for inspection or production of documents (“RFP”) may be brought based on: (1) incomplete statements of compliance; (2) inadequate, evasive or incomplete claims of inability to comply; or (3) unmerited or overly generalized objections. (Code Civ. Proc., § 2031.310(c).) Motions to compel further responses must always b...

Excerpt: ..., et seq.) (by Plaintiff Seo); (4) Breach of Express Warranties (by Plaintiff Seo); (5) Violation of Song-Beverly Consumer Warranty Act for Breach of Express Warranties (Cal. Civ. Code §§ 1793.2(d) & 1791.2) (by Plaintiff Seo); (6) Violation of Song-Beverly Consumer Warranty Act for Breach of Implied Warranty of Merchantability (Cal. Civ. Code §§ 1792, 1791.1, et seq.) (by Plaintiff Seo); and (7) Strict Liability. Defendant Tesla, Inc. (herei...

Excerpt: ...of California; State of California Division of Occupational Safety and Health Elevator Unit; and Does 1 through 110. On November 21, 2019, 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 Products Liability ...

Excerpt: ...s, LLC; Sika Corporation; Quikrete International, Inc.; T. Christy Enterprises, LLC; Crawford Products Company, Inc.; The Dow Chemical Company; Henry Company, LLC; Masterchem Industries, LLC; Sashco, Inc.; Henkel Corporation; CTS Cement Manufacturing Corporation; RVC Venture Corp. dba Riverside Cement Co.; Sakrete of North America, LLC; United States Gypsum Company; Momentive Performance Materials, LLC; Vogel Paint & Wax Company, Inc. dba Old Mas...

Excerpt: ... the Daily Mail; and Salem Media); (2) Civil Conspiracy to Violate Civil Code Section 1708.85; (3) Intentional Infliction of Emotional Distress (against Heslep); and (4) Action Based on Bus. Prof. Code Section 17200 (against the Daily Mail and Salem Media). Defendant Salem Media (hereinafter “Defendant”) now moves to strike Plaintiff's Complaint as an unlawful Strategic Lawsuit Against Public Participation (“SLAPP”). Legal Standard Code o...

Excerpt: ...LC dba Westpac Materials; Basalite Building Products, LLC; Sika Corporation; Quikrete International, Inc.; T. Christy Enterprises, LLC; Crawford Products Company, Inc.; The Dow Chemical Company; Henry Company, LLC; Masterchem Industries, LLC; Sashco, Inc.; Henkel Corporation; CTS Cement Manufacturing Corporation; RVC Venture Corp. dba Riverside Cement Co.; Sakrete of North America, LLC; United States Gypsum Company; Momentive Performance Material...

Excerpt: ...ion of the California Fair Employment and Housing Act. On February 25, 2021, the Court granted Defendant's motion for summary adjudication of the second cause of action. Plaintiff now moves for leave to amend his Complaint to make clear that he is asserting causes of action for (1) Failure to Accommodate and (2) Failure to Engage in a Good Faith Interactive Process. Legal Standard The court may, in furtherance of justice and on any proper terms, ...

Excerpt: ... T. Rogers; Debra Plater; and Does 1 through 100. On August 26, 2020, Plaintiff filed an Amendment to Complaint (Fictitious/Incorrect Name) naming SelectQuote, Inc. (“SelectQuote”) as Doe 2. On August 28, 2020, Plaintiff filed 2 Amendments to Complaint (Fictitious/Incorrect Name) naming Jeffrey Taylor and Larry Wise as Does 3 and 4, respectively. On August 31, 2020, the Court ordered the amendment approved and filed naming Doe San Francisco S...

Excerpt: ...ls; Basalite Building Products, LLC; Sika Corporation; Quikrete International, Inc.; T. Christy Enterprises, LLC; Crawford Products Company, Inc.; The Dow Chemical Company; Henry Company, LLC; Masterchem Industries, LLC; Sashco, Inc.; Henkel Corporation; CTS Cement Manufacturing Corporation; RVC Venture Corp. dba Riverside Cement Co.; Sakrete of North America, LLC; United States Gypsum Company; Momentive Performance Materials, LLC; Vogel Paint & ...

Excerpt: ...ls; Basalite Building Products, LLC; Sika Corporation; Quikrete International, Inc.; T. Christy Enterprises, LLC; Crawford Products Company, Inc.; The Dow Chemical Company; Henry Company, LLC; Masterchem Industries, LLC; Sashco, Inc.; Henkel Corporation; CTS Cement Manufacturing Corporation; RVC Venture Corp. dba Riverside Cement Co.; Sakrete of North America, LLC; United States Gypsum Company; Momentive Performance Materials, LLC; Vogel Paint & ...

Excerpt: ...int arguing that it is barred by the doctrine of res judicata. Legal Standard “A motion for judgment on the pleadings performs the same function as a general demurrer, and hence attacks only defects disclosed on the face of the pleadings or by matters that can be judicially noticed.” (Burnett v. Chimney Sweep (2004) 123 Cal.App.4th 1057, 1064.) “In deciding or reviewing a judgment on the pleadings, all properly pleaded material facts are de...

Excerpt: ...ed to LASC Case No. 20STCV27151, Triwest Homes II, LP, et al. v. Yadgir Construction, Inc., naming the instant matter the lead case. Defendants Triwest Homes II, LP; TWD Manager, LLC; Triwest Development, LLC; Omer Ivanir (collectively referred to herein as “Triwest”); and Cross-Defendant Midwest Roofing, Inc. (with Triwest, collectively referred to herein as “Defendants”) now move to consolidate the two actions for all purposes. Legal St...

Excerpt: ... Act Section 1793.2; (4) Fraudulent Inducement – Concealment; and (5) Fraudulent Inducement – Intentional Misrepresentation. Defendant now moves for summary adjudication of the second through fifth causes of action and the claim for punitive damages. Legal Standard In reviewing a motion for summary judgment or adjudication, courts must apply a three- step analysis: “(1) identify the issues framed by the pleadings; (2) determine whether the ...

Excerpt: ..., 2020, PS Funding (hereinafter 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 Hun...

Excerpt: ...nc. to Lightning Entertainment Group, Inc. (hereinafter “Respondent” or “Lightning Entertainment”). On January 14, 2021, the Court continued the hearing on the instant motion noting that both Petitioner and Respondent are corporations yet were not represented by counsel. The Court set an OSC re: The Jigsaw Ensemble, LLC and Lightning Entertainment Group, Inc.'s Retation of Counsel for March 15, 2021 and continued the hearing on the instan...

Excerpt: ...FAC”). 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 2020 (Final Wages Not Timely Paid); (...

Excerpt: ...of action for: (1) Specific Performance (against VGB); (2) Breach of Contract (against VGB); (3) Breach of Implied Covenant (against VGB); (4) Declaratory Relief (against VGB); (5) Unfair Competition (against Cushman and Mohler); and (6) Negligent Interference with Prospective Economic Advantage (against Cushman and Mohler). On October 29, 2019, Plaintiff dismissed the sixth cause of action for negligent interference with prospective economic adv...

Excerpt: ...ion (Requesting Accommodation); (6) Wrongful Termination in Violation of Public Policy; (7) Rest Period Violation; (8) Failure to Pay All Overtime; (9) Unfair Competition; and (10) Failure to Provide Personnel File. Defendant Global Processing Systems, Inc. (hereinafter Defendant) now moves to compel Plaintiff's further responses to its (1) Request for Production of Documents, Set One, Request Nos. 1-9 and 11-13; (2) Special Interrogatories, Set ...

Excerpt: ... Elevator and Safety Unit; State of California; State of California Division of Occupational Safety and Health Elevator Unit; and Does 1 through 110. On November 21, 2019, 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 Defec...

Excerpt: ...ion for: (1) Breach of Contract; (2) Common Count (Goods and Services Rendered); (3) Intentional Misrepresentation; (4) Unjust Enrichment; (5) Battery; (6) Assault; and (7) False Imprisonment. Defendants Yanfan Foundation; Franco; Thomas; and Edwards (collectively referred to herein as “Defendants”) demur to each cause of action in the FAC. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action. Hahn v....

Excerpt: ...ily Mail; and Salem Media); (2) Civil Conspiracy to Violate Civil Code Section 1708.85; (3) Intentional Infliction of Emotional Distress (against Heslep); and (4) Action Based on Bus. Prof. Code Section 17200 (against the Daily Mail and Salem Media). On February 4, 2021, Defendant Van Laar (hereinafter “Defendant”) filed her ant-SLAPP motion originally set for hearing on March 10, 2021. On March 9, 2021, Plaintiff filed the instant motion to ...

Excerpt: ...r, the Daily Mail; and Salem Media); (2) Civil Conspiracy to Violate Civil Code Section 1708.85; (3) Intentional Infliction of Emotional Distress (against Heslep); and (4) Action Based on Bus. Prof. Code Section 17200 (against the Daily Mail and Salem Media). Defendant the Daily Mail (hereinafter “Defendant”) now moves to strike Plaintiff's Complaint as an unlawful Strategic Lawsuit Against Public Participation (“SLAPP”). Legal Standard C...

Excerpt: ...e Federal Fair Housing Amendments (42 U.S.C. § 3601 et seq.); (3) Violation of the California Fair Employment and Housing Act (Gov. Code § 12900, et seq.); and (4) Violation of the Unruh Civil Rights Act (Civ. Code §§ 51 & 52, subd. (a)). On May 31, 2019, the Court sustained Defendant's demurrer to the first and fourth causes of action without leave to amend. On December 17, 2019, Plaintiffs dismissed with prejudice the second and third cause...

Excerpt: ...ion for: (1) Discrimination in Violation of Gov't Code §§ 12940, et seq.; (2) Retaliation in Violation of Gov't Code §§ 12940, et seq.; (3) Failure to Prevent Discrimination and Retaliation in Violation of Gov't Code § 12940(k); (4) Failure to Provide Reasonable Accommodations in Violation of Gov't Code §§ 12940 et seq.; (5) Failure to Engage in a Good Faith Interactive Process in Violation of Gov't Code §§ 12940, et seq.; and (6) Wrongf...

Excerpt: ...ornia, Inc.'s (hereinafter “Defendant”) Person Most Knowledgeable (“PMK”) along with responses to his Requests for Production of Documents at least seven (7) days prior to the date of deposition. Legal Standard Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action.¿(Code of Civ. Proc., § 2025.010.)¿A properly served deposition notice is effective to requi...

Excerpt: ...) Violation of Song-Beverly Act – Breach of Implied Warranty; (3) Violation of the Song-Beverly Act section 1793.2; and (4) Fraudulent Inducement – Concealment. Plaintiffs now seek to compel further responses to their Requests for Production, Nos. 35- 53, 56, 63-70, 75-76, 84-91 and 97. Legal Standard A motion to compel further responses to a demand for inspection or production of documents (“RFP”) may be brought based on: (1) incomplete ...

Excerpt: ...(collectively referred to herein as “Defendants”) now move to strike Plaintiff's Complaint as a Strategic Lawsuit Against Public Participation (“SLAPP”). Legal Standard Code of Civil Procedure section 425.16 sets forth the procedure governing anti-SLAPP motions. In pertinent part, the statute provides, “A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech ...

Excerpt: .... On October 6, 2020, PS Funding (hereinafter 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”...

Excerpt: ...� Breach of Implied Warranty; and (3) Violation of the Song-Beverly Act Section 1793.2. June 26, 2019, the Court held a Case Management Conference wherein the Court initially set the matter for non-jury trial to be held on June 15, 2020. On April 24, 2020, the Court continued the non-jury trial to April 19, 2021. Plaintiff now moves to set aside the Court's June 26, 2019 Order setting the matter for non-jury trial pursuant to Code of Civil Proced...

Excerpt: ...asis of Race (Cal. Gov. Code § 12940(j), et seq.); (4) Retaliation (Cal. Gov. Code § 12940(h), et seq.); (5) Failure to Participate in the Interactive Process (Cal. Gov. Code § 12926.1(e), 12940(n)); (6) Failure to Provide Reasonable Accommodation (Cal. Gov. Code § 12940(m)); (7) Failure to Prevent Discrimination, Harassment, or Retaliation (Cal. Gov. Code § 12940(k)); (8) Interference in Violation of the California Family Rights Act (Cal. G...

Excerpt: ...th prejudice. On October 6, 2020, PS Funding (hereinafter 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 (�...

Excerpt: ...“TAC”), which includes Defendant General Motors, LLC (“GM”). The TAC asserts causes of action for: (1) Violation of the Consumers Legal Remedies Act; (2) Violation of the Song-Beverly Consumer Warranty Act; (3) Violation of Business and Professions Code § 17200, et seq.; (4) Fraud and Deceit; (5) Negligent Misrepresentation; and (6) Violation of Vehicle Code § 11711, et seq. On September 11, 2020, Plaintiffs dismissed Defendant Merchant...

Excerpt: ...On October 6, 2020, PS Funding (hereinafter 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”);...

Excerpt: ...e Complaint against Vickie Jin Kim; In Kyum Kim; TIAA Bank; Ki Han; He Sook Han; Caroline Han; and All Persons Unknown Claiming Any Legal or Equitable Right, Title, Estate, Lien or Interest in the Property Described in the Complaint Adverse to Plaintiff's Title or Any Cloud on Plaintiff's Title Thereto; and Does 1 through 20 on March 6, 2020 (the “Choi Complaint”). The Complaint asserts causes of action for: (1) Fraud; (2) Negligent Misrepres...

Excerpt: ... FAC asserts causes of action for: (1) Breach of Insurance Contract; (2) Bad Faith Breach of Implied Covenant of Good Faith and Fair Dealing; (3) Declaratory Relief; and (4) Negligence. Defendant Integon National Insurance Company (hereinafter “Defendant”) now demurs to the second and third causes of action and moves to strike allegations in the FAC related to punitive damages, attorney fees, and declaratory relief. Legal Standard on Demurrer...

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: ..., 2020, default was entered as to Esperanza. On May 13, 2020, the Court entered an order vacating the default pursuant to a stipulation entered into by the parties. On May 26, 2020, Esperanza filed a Cross-Complaint against Garcia Legal and Roes 1 through 10. The Cross-Complaint asserts causes of action for: (1) Breach of Contract; and (2) Common Counts. On August 24, 2020, Garcia Legal filed a Cross-Complaint against Monica R. Molina (“Monica�...

Excerpt: ...Violation of Gov't Code § 12940(k); (4) Declaratory Judgment; (5) Retaliation (Lab. Code §§ 98.6, 1030, et seq.); and (6) Wrongful Termination in Violation of Public Policy. On February 27, 2020, Plaintiff filed two Amendments to Complaint (Fictitious/Incorrect Name) substituting American Elite Global Solutions, LLC (“AEGS”) and Daniel Shane Davidson as Does 1 and 2, respectively. Plaintiff now seeks an order compelling compliance with the...

Excerpt: ...Salem Media); (2) Civil Conspiracy to Violate Civil Code Section 1708.85; (3) Intentional Infliction of Emotional Distress (against Heslep); and (4) Action Based on Bus. Prof. Code Section 17200 (against the Daily Mail and Salem Media). Defendant Van Laar (hereinafter “Defendant”) now moves to strike Plaintiff's Complaint as an unlawful Strategic Lawsuit Against Public Participation (“SLAPP”). Legal Standard Code of Civil Procedure sectio...

Excerpt: ... Public Policy: California Constitution (California Common Law); (3) Retaliation (Gov. Code § 12940(h)); (4) Unlawful Retaliation (Whistle Blower, Labor Code § 1102.5); (5) Intentional Infliction of Emotional Distress (California Common Law); (6) Negligent Supervision, Hiring, and Retention (California Common Law); and (7) Slander. Defendants Titan Pharmaceuticals, Inc.; Hallberg; and Bhonsle now move to compel arbitration of all of Plaintiff's...

Excerpt: ...t Discrimination (against SMCCD); (5) Retaliation; (6) Negligent Infliction of Emotional Distress; and (7) Intentional Infliction of Emotional Distress. On November 5, 2018, the Court sustained the demurrer to the fifth cause of action as to only Defendant Myrow without leave to amend. On February 8, 2019, the Court ordered Does 1 through 500 dismissed without prejudice. On February 21, 2020, the Court granted Defendants' motion for summary judgm...

Excerpt: ...ts causes of action for: (1) Specific Performance (against VGB); (2) Breach of Contract (against VGB); (3) Breach of Implied Covenant (against VGB); (4) Declaratory Relief (against VGB); (5) Unfair Competition (against Cushman and Mohler); and (6) Negligent Interference with Prospective Economic Advantage (against Cushman and Mohler). On October 29, 2019, Plaintiff dismissed the sixth cause of action for negligent interference with prospective ec...

Excerpt: ...h 100. The Complaint asserts causes of action for: (1) Elder Abuse and Neglect (pursuant to the Elder Abuse and Dependent Adult Civil Protection Act – Welf. & Inst. Code §§ 15600, et seq.); (2) Negligence/Willful Misconduct; (3) Wrongful Death; and (4) Violation of Patients' Bill of Rights (pursuant to Health & Safety Code § 1430). Plaintiffs move for an order compelling the deposition of Citrus' Person Most Knowledgeable (“PMK”). Legal ...

Excerpt: ...einafter Cross-Complainant”) filed a Cross- Complaint against Trojan; Wilmington Trust, National Association (“Wilmington”); Nationstar Mortgage LLC dba Mr. Cooper (“Nationstar”); NBS Default Services, LLC (“NBS”); Affinia Default Services, LLC (“Affinia”); Hovesep Hunanyan; and Moes 1 through 100. The Cross- Complaint asserts causes of action for: (1) Declaratory Relief (against Trojan); (2) Declaratory Relief (against Trojan);...

Excerpt: ...tness Tampering; (4) Civil Conspiracy; (5) Conspiracy In-Concert; (6) Aiding and Abetting; (7) Defamation; (8) False Representation; (9) Intentional Infliction of Emotional, Physical, and Mental Distress; (10) Gross Negligence; and (11) Breach of Fiduciary Duty. On November 10, 2020, the Court granted Defendants Robert Charboneau, Esq. and Law Offices of Robert Charboneau's (hereinafter collectively referred to as Defendants Charboneau) anti-SLAP...

Excerpt: ...v. Code § 12955); (2) Disability Discrimination (pursuant to Gov. Code § 12955); (3) Failure to Prevent Harassment and Discrimination (pursuant to Gov. Code § 12940); (4) Elder Abuse (pursuant to the Elder Abuse and Dependent Adult Civil Protection – Welf. & Inst. Code § 15657); (5) Negligence; (6) Negligent Infliction of Emotional Distress; and (7) Vicarious Liability. Demurring Defendants demur to all seven causes of action in the Complai...

Excerpt: ....; 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. Failure to Provide Reasonable Accommodations in Violation of Gov't Code § 12940 et seq.; 6. Failure to Engage in a Good Faith Interactive Process in Violation of Gov't Code § 12940 et seq.; 7. Declaratory Judgment; 8. Wrongful Termination in Violation of Public Policy; 9. Fai...

Excerpt: ...Warranty; 3. Violation of the Song-Beverly Act Section 1793.2; 4. Fraudulent Inducement – Concealment; and 5. Fraudulent Inducement – Intentional Misrepresentation. Defendant Kia Motors America, Inc. (hereinafter “Defendant”) moves for summary adjudication of the first, second, fourth, and fifth causes of action and the claim for punitive damages. Legal Standard In reviewing a motion for summary judgment or adjudication, courts must apply...

Excerpt: ...t VGB); 2. Breach of Contract (against VGB); 3. Breach of Implied Covenant (against VGB); 4. Declaratory Relief (against VGB); 5. Unfair Competition (against Cushman and Mohler); and 6. Negligent Interference with Prospective Economic Advantage (against Cushman and Mohler). On October 29, 2019, Plaintiff dismissed the sixth cause of action for negligent interference with prospective economic advantage without prejudice, leaving the first through ...

Excerpt: ... Failure to Prevent Discrimination in Violation of Gov. Code § 12940(k); and 5. Wrongful Termination in Violation of Public Policy. On August 19, 2019, Plaintiff filed a Notice of Settlement of Entire Case. On February 28, 2020, the Court, pursuant to a Stipulation to Dismiss Entire Action and Retain Jurisdiction to Enforce Settlement entered into by the parties, ordered the entire action dismissed with prejudice with the Court retaining jurisdi...

Excerpt: ...fornia Fair Employment and Housing Act. Defendant Foot Locker Retail, Inc. (hereinafter “Defendant”) now moves for summary adjudication of the second cause of action for race/national origin discrimination in violation of the California Fair Employment and Housing Act. Legal Standard In reviewing a motion for summary judgment or adjudication, courts must apply a three- step analysis: “(1) identify the issues framed by the pleadings; (2) det...

Excerpt: ...AGA, for Failure to Pay Overtime Wages; 3. Enforcement of PAGA, for Failure to Provide Meal Periods; 4. Enforcement of PAGA, for Failure to Permit Rest Breaks; 5. Enforcement of PAGA, for Failure to Provide Accurate Itemized Wage Statements; 6. Enforcement of PAGA, for Failure to Maintain Accurate Records; 7. Enforcement of PAGA, for Failure to Timely Pay All Wages Earned During Employment; 8. Enforcement of PAGA, for Failure to Pay All Wages Due...

Excerpt: ...oss-Complaint against Eva D. Lorens and Roes 1 through 10. The Cross-Complaint asserts causes of action for: 1. Breach of Habitability; 2. Breach of Covenant of Quiet Enjoyment; 3. Negligence; and 4. Breach of Contract. On January 8, 2021, the Court found that the instant action was related to LASC Case No. 20WCUD00806, an unlawful detainer case entitled Lorens v. Rodriguez. The Court designated the instant action as the lead case. Defendant and ...