Excerpt: ...y duty, and (3) accounting. <004c005100560057000300 00570011000300030032[n March 31, 2016, the Court entered default judgment against defendant. On August 22, 2016, the Court granted defendant's ex parte application to set aside default judgment. On October 17, 2016, the Court denied plaintiff's motion for reconsideration of the order setting aside the default judgment. On December 19, 2017, the Court (Judge Kalin) granted defendant's former (and...

Excerpt: ...icipating. By January 20, however, defendant was prepared to offer an inspection date. It nevertheless inexplicably offered dates over two months later — March 28 through 30 — which is obviously an unwarranted delay, and which would put unnecessary pressure on expert evaluation for the April 11 valuation exchange. Defendant's <0091008800030096009900 0003009900910097008e>d work a “sudden intrusion into the lives of El Adobe's tenants” (Opp...

Excerpt: ...ces, and Advance Inheritance, LLC. On May 18, 2017, the Court (Judge Raphael) ordered Bryan's cross-complaint dismissed with prejudice. On June 9, 2017, the Court (Judge Raphael) entered a formal order dismissing Bryan's cross- complaint. On November 7, 2017, the Court (Judge Kalin) entered a judgment following a reference trial. On December 13, 2017, the Court (Judge Kalin) denied Bryan's motion to set aside or vacate dismissal. On January 4, 20...

Excerpt: ...n. (The Court refers to plaintiffs by first name for clarity, not out of familiarity or disrespect.) Procedural History On July 16, 2015, plaintiffs filed a complaint for (1) negligence and negligent infliction of emotional distress, (2) wrongful life (on Baby's behalf), (3) wrongful birth (on Kevin and Vanessa's behalf), and (4) NIED (on Kevin and Vanessa's behalf). On December 5, 2016, the Court denied Westchester and Wedeen's summary judgment ...

Excerpt: ...n November 6, 2017, the operative first amended complaint for (1) disability discrimination, (2) failure to engage in the interactive process, (3) failure to reasonably accommodate, (4) medical leave retaliation, (5) medical leave discrimination, (6) retaliation (FEHA), (7) failure to prevent discrimination and retaliation, (8) whistleblower retaliation (Labor Code), (9) improper inquiry into existence, nature, and/or severity of disability, (10)...

Excerpt: ...er compensation. On November 14, 2017, plaintiff filed a complaint asserting 15 causes of action, mostly for FEHA and wage and hour law violations. On January 22, 2018, Forever 21 filed this opposed motion to compel arbitration. The Court considered the moving, opposition, and reply papers, and rules as follows. Evidentiary Objections The Court's rulings on plaintiff's evidentiary objections are contained in the proposed order. The Court apprecia...

Excerpt: ...eference proceeding, the judge found defendants (on the Bustamantes' behalf) presented false evidence and pursued inapplicable causes of action when their expert testified that the Bustamantes received a fair deal at a fair price leaving no provable damages. Thus, the judge awarded over $1 million in attorneys' fees and costs plus 10 percent annual interest against the Bustamantes. Defendants allegedly breached their duties by failing to advise t...

Excerpt: ...ty. On October 11, 2017, plaintiffs filed a complaint for (1) financial elder abuse, (2) constructive fraud, (3) fraudulent / intentional misrepresentation, (4) fraud in the inducement, (5) breach of fiduciary duty, (6) intentional infliction of emotional distress, (7) negligence, (8) negligent infliction of emotional distress, (9) violation of RESPA, (10) violation of TILA, (11) quiet title, (12) alter ego: piercing the corporate veil, (13) cons...

Excerpt: ...17d017600 019a0003017d01280003LAdvanced Nutrients. In light of defendant's agreement to serve “pleadings” electronically, the Court believes that a denial is proper and sanctions for failure to respond are unsupportable. The Court nevertheless believes that this dispute is absurd. Plaintiff argues that defendant <035e0189016f011e010201 016f011e0110019a018cLonically. Defendant argues perplexingly that there is something about discovery that ma...

Excerpt: ...ence, (2) latent defect, (3) negligent repair, (4) National Electric Code sections 300.10, 300.12, 680, et seq., (5) Los Angeles Municipal Code sections 91.8104.7 and 91.804.8, et seq., (6) Los Angeles Electrical Code <0017000f00030044005100 0044004f0057004b0003[and Safety Code section 17920.3. On October 5, 2017, defendants filed this opposed motion to strike the prayer for punitive damages and related allegations. The Court considered the movin...

Excerpt: ...plaintiffs filed a complaint for (1) retaliation (Labor Code section 1102.5), (2) declaratory relief, and (3) petition for writ of mandate and other extraordinary relief. The officers assert the first cause of action; SUPA, the latter two. After multiple challenges to the pleadings (summarized below), the remaining plaintiffs are SUPA and Dunwoody. On December 8, 2017, SUPA filed this opposed petition for writ of mandate seeking an injunction pre...

Excerpt: ...ion, (6) retaliation (pregnancy), (7) failure to prevent discrimination, retaliation, and harassment (pregnancy), (8) intentional infliction of emotional distress, (9) negligent infliction of emotional distress, and (10) violation of Labor Code section 226, subdivision (c). On October 13, 2017, the Court (Judge Minning) granted defendant's summary judgment motion. On November 9, 2017, the Court (Judge Kalin) entered judgment of dismissal. Plainti...

Excerpt: ...(Judge Oldendorf) denied it without prejudice. There were series flaws in the motion: plaintiff again failed to tab its exhibits despite having been admonished over a year ago; plaintiff provided insufficient information for the Court to perform a required lodestar analysis; attorney Friedman's rate was plainly excessive; there was no competent evidence of fees incurred by the Scali firm; no part of plaintiff's papers identified the total number ...

Excerpt: ...ial on plaintiff's claims against GES and the Escobars. On August 18, 2017, the Court issued a statement of decision and entered judgment against plaintiff. On September 28, 2017, plaintiff filed this opposed motion to strike or tax costs. On October 20, 2017, plaintiff filed this opposed motion for attorneys' fees. On October 20, 2017, the Escobars, GES, and Export Shipping Co. filed this other opposed motion for attorneys' fees. The Court consi...

Excerpt: ...ain but refused to return the watch to Kaplan, instead purportedly selling the watch to Wong for an unknown sum. Grochowiak also failed to return other watches and accessories that Kaplan had entrusted to him. On September 27, 2016, Kaplan filed a complaint, and on February 14, 2017, the operative first amended complaint for two counts of conversion, two counts of replevin, two counts of fraud, two counts of negligent misrepresentation, three cou...

Excerpt: ...ff's supervisor. Plaintiff alleges in the complaint that he witnessed some events that involved race-based comments, heard about others, and voiced his concerns about Hanchett's statements to Vairo. In April 2016, Vairo demoted plaintiff because of an incident where plaintiff was believed to have ordered a suspect to cut his hair. The explanation given for the demotion involved a February 2015 incident, where officers other than plaintiff stopped...

Excerpt: ...ad granted an unopposed motion to compel discovery from Papanikolaou on June 6, 2017, and denied monetary sanctions at that time. On September 26, 2017, the Court (Judge <015d01760102019a015d01 015d017d017601900003Lbut granted a motion to compel further discovery responses from Papanikolaou and ordered monetary sanctions of $1,572. On October 2, 2017, the Court (Judge Minning) granted another motion to compel further discovery from Papanikolaou a...

Excerpt: ...unreasonably delayed consideration of plaintiffs' claim under the policy following an auto accident. On July 29, 2015, plaintiffs filed a complaint and on November 22, 2016, the operative first amended complaint for (1) negligence and (2) bad faith. On November 9, 2017, defendants filed this opposed summary judgment or adjudication motion. The Court considered the moving, opposition, and reply papers, and rules as follows. Evidentiary Objections ...

Excerpt: ...On December 15, 2017, the Court (Judge Kalin) sustained Hoag and Nanci's demurrers without leave. On December 18, 2017, defendants filed and served a notice of ruling. On January 18, 2018, the Court (Judge Kalin) entered a formal order and judgment in defendants' favor. On January 8, 2018, plaintiff filed a notice of intention to move for a new trial. On January 17, 2018, plaintiff filed a memorandum of points and authorities in support of her ne...

Excerpt: ...resolved by a referee and the case has proceeded accordingly. On June 16, 2014, Bryan filed a cross‐complaint asserting 18 causes of action ranging from real property claims to contract claims and various torts against Cynthia, Nelson J. Handy, Fiduciary Law Services, and Advance Inheritance, LLC. Bryan alleges that Handy was an attorney representing his father's estate. At a December 2004 meeting, Handy was involved in appraising the estate's ...