Excerpt: ...laint for (1) violation of Civil Code section 1793.2(d), (2) section 1793.2(b), (3) section 1793.2(a)(3), (4) breach of express written warranty, (5) breach of implied warranty of merchantability, (6) violation of the Magnuson-Moss Warranty Act, and (7) fraud by omission. On June 6, 2016, the Court (Judge Goodman) overruled defendant's demurrer to the seventh cause of action and granted with leave defendant's motion to strike the punitive damages...

Excerpt: ...he 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 of dismissal in defendants' favor. On January 30, 2018, the Court denied plaintiff's motion for a new trial. On February 28, 2018, the Court denied plaintiff's motion to accept late-filed evidence. On January 29, February 9,...

Excerpt: ... employment actions in violation of public policy, (2) intentional infliction of emotional distress, (3) negligent hiring and retention, and (4) violation of Business and Professions Code section 17200. On January 26, 2017, plaintiff filed this opposed motion to quash a deposition subpoenas served on Magan Medical Clinic. Only defendant requests sanctions. The Court considered the moving, opposition, and reply papers, and rules as follows. Failur...

Excerpt: ... Marriott Claims Services, Inc. and Marriott International, Inc. MOT 1:27-28. Marriott Claims Services does not appear in the record. Presumably, Marriott Hotel Services meant Marriott International Administrative Services, Inc. In any event, Marriott Hotel Services is the only active defendant in this action. The Court refers to Marriott Hotel Services as “defendant.”) Allegations Plaintiff alleges that she worked as a server for defendant f...

Excerpt: ...tandard. Johnson v. Stanhiser (1999) 72 Cal.App.4th 357, 361. Nevertheless, plaintiff has not yet been able to meet this standard. After a substantial continuance on April 17, 2017, plaintiff failed to submit any proof to back up its claims, and the case was dismissed on June 20, 2017. The Court set aside the dismissal on October 17, 2017, on plaintiff's motion. On January 5, 2018, plaintiff submitted its proof. That proof was deficient because: ...

Excerpt: ... the home. Seeley was the Daughters of Charity and Maryvale's employee in charge of Seton Cottage, the particular cottage at the facility where plaintiff resided and the incidents occurred. On numerous occasions, plaintiff reported the sexual misconduct to Daughters of Charity, Maryvale, and Seeley. On March 23, 2016, plaintiff filed a complaint for (1) violation of the Ralph Act (against Brittany and Destiny), (2) intentional infliction of emoti...

Excerpt: ...James West (Doe 4), heir of Etta Joe McCoy (Doe 5), and Bank of America (Doe 6). On January 12, 2017, ACE filed a complaintin eminent domain. On January 31, 2018, ACE filed this opposed motion for determination of legal issue regarding fair market value. Specifically, ACE seeks a determination that the condemned easements' fair market value excludes change in value resulting from the General Plan Designation as an Opportunity Area and 2014 Zoning...

Excerpt: ...nation, (3) retaliation, (4) failure to prevent, (5) whistleblower retaliation, (6) violation of Labor Code section 232.5, (7) violation of Labor Code section 98.6, (8) constructive discharge in violation of public policy, and (9) PAGA penalties. On January 22, 2018, defendant filed this opposed demurrer for insufficient facts and uncertainty, and motion to strike the prayer for punitive damages and related allegations. Defendant's counsel submit...

Excerpt: ..., 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 of dismissal in defendants' favor. On January 30, 2018, the Court denied plaintiff's motion for a new trial. On January 26, 2018, plaintiff filed this opposed motion to accept late filed evidence. The Court considered the...

Excerpt: ...ril 14, 2006, Lowy refinanced. On July 1, 2010 Lowy obtained a loan modification. On October 18, 2013, Lowy conveyed the property to the family trust. In December 2014, U.S. Bank assumed the loan, and Ocwen began servicing it. On June 2, 2015, a second loan modification was obtained. The second modification agreement stated that all agreements shall remain in place except as herein modified. About three months later, Lowy began to receive regular...

Excerpt: ... Indiana state court is pending. On January 10, 2018, defendants filed this opposed motion for leave to file a permissive cross- complaint for indemnity against third parties Ryan Law LLP and Ryan LLC (collectively, Ryan). Both Patel and Ryan oppose. The Court considered the moving and opposition papers, and rules as follows. Authority to Grant Leave to File a Cross-Complaint “A party against whom a cause of action has been asserted in a compla...

Excerpt: ...ntiffs filed a complaint and on October 30, 2017, the operative first amended complaint for (1) breach of contract and (2) breach of the implied covenant of good faith and fair dealing. On December 7, 2017, Interinsurance Exchange of the Automobile Club filed this opposed demurrer for insufficient facts and uncertainty, and motion to strike the prayers for punitive damages and prejudgment interest. Defendant's counsel submitted a compliant meet a...

Excerpt: ...ment and/or harassment, (2) age discrimination, (3) actual and/or perceived disability discrimination, (4) retaliation, (5) failure to engage in the interactive process, (6) failure to accommodate, (7) failure to prevent, (8) wrongful discharge, (9) constructive discharge, (10) intentional infliction of emotional distress, (11) unfair business practices, and (12) negligent hiring, supervision, and retention. On December 14, 2017, the Court (Judge...

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: ...ches, rashes, lack of sleep, and mental trauma because of their landlord and management company defendants' neglecting their rental units. On June 10, 2016, plaintiffs filed a complaint and on October 21, 2016, the operative first amended complaint for (1) “Breach of Warranty of Habitability and Rent Abatement and return of rent moneys,” (2) breach of covenant of quiet enjoyment, (3) negligent and intentional infliction of emotional and menta...

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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...ts and Sarah Jackson (Deschanel's personal manager at Seven Summits) for damages and a declaration that they have no right to commissions on her post-January 2013 earnings, or any monies received from investments or non-entertainment services. Allegations Seven Summits alleges that when Deschanel terminated their management relationship in August 2013, she continued to pay some post-termination commissions, but when Seven Summits requested commis...

Excerpt: ...0.71. Procedural Requirements On November 7, 2017, default was entered against all three named defendants. No pending motion to vacate default appears in the record. The default judgment packet includes a request for dismissal of Does 1 through 10 and a proposed form of judgment on the appropriate Judicial Council form. Plaintiff's counsel signed a declaration of nonmilitary status. Plaintiff requests the same amount of principal damages as praye...

Excerpt: ...nqualified buyers” and defaulted on the lease/purchase agreement. The parties then entered into a land sale agreement. On September 3, 2015, plaintiff filed a complaint. On September 25, 2015, plaintiff filed the operative first amended complaint for (1) breach of contract, (2) elder abuse, and (3) fraud, praying for $1,750,000 in damages. On November 27, 2017, the Court (Judge Kalin) deemed LASC Case No. BC674832 related to this case. The Cour...

Excerpt: ...irst amended complaint for (1) negligence, (2) battery, (3) assault, and (4) negligent and intentional infliction of emotional distress. On September 5, 2017, Hamilton filed this opposed motion to stay the action as to himself on the ground that a criminal action against him based on the same incident is pending in Tennessee. Monster opposes only to the extent that it be allowed to proceed on its pending demurrer if a stay is imposed. The Court c...

Excerpt: ...nd records that were used to support the filing of false insurance claims to Allstate. The sole cause of action in this case is unfair competition. On November 27, 2017, the Court (Judge Kalin) denied an opposed motion for leave to file a cross-complaint against Allstate and their attorneys. On January 18, 2018, the Court (Judge Kalin) granted plaintiffs' motion for sanctions against defendants' counsel on the ground that defendants' proposed cro...

Excerpt: ...eptember 23, 2014 meeting at Yalamanchili's Arcadia office, they and Yalamanchili deliberately represented to plaintiff that the property sat on 12.5 acres, but it actually sat on only 10. They also misrepresented that the property would generate $2.7 million in revenue annually. Yalamanchili foreclosed on the prior owner and had a plan to foreclose on plaintiff when plaintiff would be unable to generate sufficient income to pay the mortgage. On ...

Excerpt: ... (c), (e). The proofs of service indicate that counsel served all the documents on both the clients and plaintiff via its counsel. Counsel confirmed Ikegami's last known address within the past 30 days by conversation; Ikegami & Co.'s, by verifying its corporate entity address on the Secretary of State website. Therefore, service was proper. CRC, rule 3.1362(d). Regarding the merits, the “determination of whether to grant or deny a motion to wi...

Excerpt: ... was forged without his knowledge. The documents are two promissory notes, two written guaranties, and two deeds of trust. Plaintiff also alleges that he received no funds or other consideration in connection with the documents. On September 19, 2017, plaintiff filed a complaint for (1) cancellation of promissory note, (2) cancellation of guaranty, (3) cancellation of deed of trust, (4) cancellation of promissory note, (5) cancellation of guarant...

Excerpt: ...” and defaulted on the lease/purchase agreement. The parties then entered into a land sale agreement. On September 3, 2015, plaintiff filed a complaint. On September 25, 2015, plaintiff filed the operative first amended complaint for (1) breach of contract, (2) elder abuse, and (3) fraud, praying for $1,750,000 in damages. On December 16, 2015, the Court granted defendants' motion to compel arbitration and stay the action. A hearing on defendan...

Excerpt: ...tober 5 deadline and the hiring of a contract attorney to handle discovery on or about November 27. The further extension in these circumstances can normally be accommodated. Upon plaintiff's responses, defendant's counsel wrote a 7:46 p.m. email on Friday, December 15, providing an extension to Monday December 18, 2017 for responses without objection. This prompted a 9:36 p.m. response from the lead plaintiff's counsel from a hospita...

Excerpt: ...unset Equity. On January 17, 2014, plaintiffs filed a complaint for (1) Landlord Retaliation in Violation of Civil Code section 1942.5, (2) Contractual Breach of the Warranty of Habitability, (3) Tortious Breach of the Warranty of Habitability, (4) Negligent Violation of Statutory Duty to Maintain Habitable Conditions, (5) Negligence, and (6) Violation of Business and Professions Code section 17200. On November 2014, plaintiffs filed amended comp...

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 ...