Excerpt: ...r to any part. For example, defendants do not even answer No. 1 by providing the name of the person who answered the interrogatories. As well, defendants make no attempt to provide code‐compliant responses that properly certify <0128037f0003015d019000 01c70003015a010201c0Le. On the other hand, some of plaintiff's special interrogatories are in fact compound. The Court will rule separately on each special interrogatory. Defendants do not have to...

Excerpt: ...vember 29, 2017, default was entered against defendants. Plaintiff now seeks default judgment against defendants in the principal amount of $484,135.93 plus interests and costs for a total judgment of $553,318.23. Procedural Requirements On November 29, 2017, default was entered against defendants. No pending motion to vacate default appears in the record. The default judgment packet includes a request for dismissal of Does 1 through 50 on the ap...

Excerpt: ...indicates that counsel served all the documents on both the client and defendant via its counsel. Counsel served the client by mail at her last known address and represented that she has been unable to confirm that the address is current; counsel represents that she has made attempts to contact plaintiff via phone, a “family friend,” and her “electronic service address” (presumably e-mail.) Therefore, service was proper. CRC, rule 3.1362(...

Excerpt: ...e can be available to discuss that day. He made efforts to discuss the issues with plaintiff's counsel on April 30, essentially stating that he has been available every day. Plaintiff's counsel responded merely with a <0003019a015a011e000301 0003> <0003019a017d0003012801 00030044010201c70003>9 motion‐‐seeking sanctions against defendant‐‐without actually attempting to confer after sending his April 25 letter. Plaintiff's counsel should no...

Excerpt: ...(2) failure to prevent sexual harassment, (3) discrimination on the basis of gender, (4) professional negligence, (5) breach of fiduciary duty, (6) negligent hiring, retention and/or supervision, and (7) intentional infliction of emotional distress. According to the complaint, plaintiff started receiving counseling services from USHS and Primm (an employee of USHS) in February 2016. Complaint ¶¶ 8-9. In March 2016, plaintiff began working for U...

Excerpt: ...ility discrimination, 3. Actual/perceived disability retaliation, 4. Violation of the California Family Rights Act, 5. Failure to engage in the mandatory good-faith interactive process, 6. Failure to accommodate, 7. Race/national origin harassment, 8. Race/national origin discrimination, 9. Race/national origin retaliation, 10. Actual/perceived sexual orientation harassment, 11. Actual/perceived sexual orientation discrimination, 12. Actual/perce...

Excerpt: ...atory was objected to without a substantive response, and many are objected to as (among other things) “vague ambiguous, and overbroad” although they are interrogatories that are routinely answered throughout the state. In dozens of pages of these discovery responses, it appears that there was no information actually produced (or very little information). These responses were obviously not a serious effort to respond to the discovery requests...

Excerpt: ...e, (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 January 8, 2018, plaintiff substituted Charlotte Jones as trustee for Doe 1, Louise Tigner as trustee for Doe 2, and Marek Tigner as trustee for Doe 3. On...

Excerpt: ... 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 May 4, 2018, the operative third amended complaint for two counts of conversion, two counts of replevin, two counts of fraud, two counts of negligent misrepresentation, three counts of bre...

Excerpt: ...n states: “Khodayari is to recover his costs on appeal.” The June 30, 2017 remittutur also states: “Khodayari is to recover his costs on appeal.” The Court will assume in this ruling that plaintiff is entitled to costs on appeal. On March 15, 2018, the Court (Judge Raphael) granted defendants' motion to set aside plaintiff's memorandum of costs on appeal. On May 8, 2018, the Court denied plaintiff's motion for reconsideration of the motio...

Excerpt: ...emurrer for insufficient facts and uncertainty. Defendant's counsel submitted a compliant meet and confer declaration. Gherini Decl. ¶ 4. The Court considered the moving, opposition, and reply papers and rules as follows. Plaintiff is self-represented. Self-represented litigants are held to the same standards that apply to licensed attorneys. Harding v. Collazo (1986) 177 Cal.App.3d 1044, 1056; Lombardi v. Citizens Nat'l Trust & Sav. Bank (1955)...

Excerpt: ...out the central issues in the case. The Court can see no reason why these are not discoverable. Defendants should have the ability to question plaintiffs about their survey responses. The right to privacy can hardly exist for persons who voluntarily answer a survey about facts at issue in adversary litigation in which they are actually plaintiffs. (Because the respondents are <015d011e01c10355000301 015d011e019000030190Lhould agree to a protectiv...

Excerpt: ...ainst the complaint for insufficient facts and uncertainty. On April 2, 2018, defendant also filed this opposed motion to strike punitive damages from the complaint and monetary relief under the UCL cause of action. Defendant's counsel submitted a compliant meet and confer declaration. Holmes Decl. ¶¶ 9-10. The Court considered the moving, opposition, and reply papers and rules as follows. Demurrer Standard A demurrer tests the sufficiency of t...

Excerpt: ...018, defendant / cross-complainant (hereinafter defendant) filed this opposed motion for terminating sanctions or, in the alternative, evidentiary sanctions. The Court considered the moving, opposition, and reply papers and rules as follows. Standard Generally, the trial court may terminate a party's action as a sanction for discovery abuse “after considering the totality of the circumstances: [the] conduct of the party to determine if the ...

Excerpt: ...nt with a $44,000 cash out. On December 21, 2016, at Vartan and UniCitizens' office, plaintiffs were given a large number of papers, given no opportunity to read them, and coerced by Vartan to sign them immediately. Shortly after they executed the purported loan documents and unsuccessfully requested copies, plaintiffs discovered that the loan was actually for $90,000 not to refinance their first deed of trust, and that Adenheim was to receive $3...

Excerpt: ...ion for insufficient facts and uncertainty, unopposed motion to strike the prayer for attorneys' fees and costs, and unopposed motion to expunge lis pendens. Defendant's counsel filed a compliant meet and confer declaration. CCP § 430.41; Fabrizi Decl. ¶ 2. (Defendant's counsel should note the meet and confer requirement on motions to strike. CCP § 435.5. Under these unique circumstances, defendant satisfied the requirement.) The Court conside...

Excerpt: ...rself unprofessionally toward plaintiff. Plaintiff complained to human resources about the supervisor. The “hostile work environment” aggravated plaintiff's bipolar disorder, which was then unknown to defendant. Thus, plaintiff was forced to take medical leave. Defendant approved plaintiff's leave requests under FEHA and CFRA. Plaintiff was on leave from November 1, 2016 to February 8, 2017. While on leave, plaintiff heard that defendant woul...

Excerpt: ..., (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 January 8, 2018, plaintiff substituted Charlotte Jones as trustee for Doe 1, Louise Tigner as trustee for Doe 2, and Marek Tigner as trustee for Doe 3. On ...

Excerpt: ...e second page of the form complaint under “intentional tort” and “breach of implied covenant of good faith and fair dealings.”) On February 15, 2018, defendant filed this unopposed summary judgment motion. The Court considered the moving papers and rules as follows. Plaintiff is self-represented. Self-represented litigants are held to the same standards that apply to licensed attorneys. Harding v. Collazo (1986) 177 Cal.App.3d 1044, 1056;...

Excerpt: ...fered a fracture and was admitted to <0015001300140019000f00 00480003005a00440056[ admitted to Kaiser West Los Angeles. Compliant ¶¶ 12-13. On July 19, 2016, Lackey was discharged to another facility for <004f005c00030015001c00 002f00440046004e0048[y was transferred to Beverly West Healthcare. Id. at ¶ 16. She died on August 14, 2016. Id. at ¶ 88. On November 13, 2017, plaintiffs filed a complaint for (1) elder abuse/neglect, (2) negligence/p...

Excerpt: ...matter concerning his property. Plaintiff unsuccessfully demanded a refund of legal fees paid. Defendants formally withdrew. Plaintiff was incarcerated for over a year. On June 22, 2010, plaintiff filed a complaint, on November 12, 2010, a first amended complaint, and on June 4, 2012, the operative second amended complaint asserting 17 causes of action. On August 20, 2012, the Court (Judge Khan) sustained without leave in part and overruled in pa...

Excerpt: ...and suggesting Blue Shield as a source for it. (Plaintiff's separate statement includes only a request for production number 29 that seems to have a more general response following objections; the meet‐and‐confer correspondence focuses instead on requests 43 through 46 that more clearly state the response.) Given that defendant is not objecting to Blue Shield's disclosure of the documents, the Court cannot at this time find that defen...

Excerpt: ...se or repair was not cost‐effective. What is precluded is references to the increased cost of vehicles to consumers.) *** Plaintiff's Motion in Limine No. 3 is GRANTED. Under section 1793.2, defendant may not “disclaim the implied warranties guaranteed by this chapter. . . .” *** Plaintiff's Motion in Limine No. 4 is DENIED. If whether the repairs in this case were covered by warranty is disputed, the parties may offer evidence and argue th...

Excerpt: ... infliction of emotional distress. On August 28, 2017, plaintiff filed a first amended complaint for sexual battery; assault; negligence, negligent hiring, training, retention, and/or supervision of unfit employees; false imprisonment; intentional infliction of emotional distress; breach of mandatory statutory duties which proximately caused plaintiff's sexual assault and battery; breach of mandatory statutory duties which proximately caused plai...

Excerpt: ... any particular relief. Two allegations, for instance, concern food: (1)“Any food ordered by me is always messed with. On weekends they serve sandwiches but they give mayonese (sic) and musturd <011e00030102016f01c101 s (sic) inside the food” and also (2) “they had put some sort of purple liquid inside my families food.” There are allegations about nurses flirting with “my partner in front of my minor son”; putting someone “on the r...