Excerpt: ...fendant filed this opposed demurrer and application to stay, arguing that the doctrine of “exclusive concurrent jurisdiction” applies because of another action filed against defendant in December 2017. Defendant's counsel submitted a compliant meet and confer declaration. Sorsher Decl. ¶¶ 2-3. The Court considered the moving, opposition, and reply papers and rules as follows. Request for Judicial Notice Defendant's request for judicial noti...

Excerpt: ....'lce in this State by way ofuTitten application upon due notice to all interested parties, as well as serace on the State Bar m San Francisco payment of a SSO_OO fee, so long as that attorney E not a resident of CalifomÄ does not work in California and does not perform regular or substantial business, professional or other achvihes in the State. The uritten application must provide the following information: (I) applicant attomey's residence an...

Excerpt: ...ermination in violation of public policy; (8) declaratory judgment; (9) failure to pay wages; (10) failure to pay minimum wages; (11) failure to pay overtime wages; (12) failure to provide meal and rest breaks; (13) failure to provide itemized wage statements; (14) waiting time penalties; and (15) failure to permit inspection of personnel and payroll record. On December 13, 2017, default was entered against defendants. Plaintiff now seeks default...

Excerpt: ...s. On November 14, 2017, plaintiff filed a complaint for fraudulent transfer. <0003004700480049004800 5100470044005100570011> Plaintiff now seeks default judgment against defendant in the principal amount of $70,715.50 plus costs for a total judgment of $71,401.50. Procedural Requirements <0003004700480049004800 00310052000300530048>nding motion to vacate default appears in the record. The default judgment packet includes a dismissal of Does 1 th...

Excerpt: ... whereby defendant would make various payments as child support. In July 1997, in consideration for plaintiff giving up her right to petition a court to amend the Written Agreement, the parties entered into a verbal agreement (Verbal Agreement) whereby defendant would, among other things, bequeath a home to Luigi and “leave something of significant value” to plaintiff upon defendant's death. The Verbal Agreement was amended in October 2006, b...

Excerpt: ...s claimed. Civic Western Corporation v. Zila Industries, Inc. (1977) 66 Cal.App.3d 1, 16. “Except as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties[.]” CCP § 1021. “It is well established that the determination of what constitutes reasonable attorney fees is committed to the discretion of the trial...

Excerpt: ...s collectively as Aurora or the Hospital.) Plaintiffs allege that they are members of a putative class of about 1,247 current and former nonexempt registered nurses, licensed vocational nurses, licensed psychiatric technicians, and mental health workers at defendants' psychiatric hospitals, who from August 6, 2005 to the present, were not provided overtime, meal and rest periods, waiting time penalties, or accurate itemized wage statements. 4/24/...

Excerpt: ...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 $37,000 from ...

Excerpt: ...est, costs, and attorneys' fees for a total judgment of $30,913.99. Procedural Requirements <0048004900480051004700 00030053004800510047>ing motion to vacate default appears in the record. The default judgment packet includes a request for dismissal of Does 1 through 5 and a proposed form of judgment on the appropriate Judicial Council forms. Plaintiff's counsel signed a declaration of nonmilitary status. The complaint prays for an amount lower t...

Excerpt: ..., (2) retaliation under Labor Code section 1102.5, (3) gender discrimination under FEHA, (4) violation of the California Fair Pay Act, (5) failure to engage in interactive process under FEHA, (6) failure to provide reasonable accommodation for disability under FEHA, (7) violation of the California Family Rights Act, and (8) wrongful termination in violation of public policy. On March 19, 2018, defendant filed these opposed motions for protective ...

Excerpt: ...). Complaint ¶ 13. Joel and Alma Govea own Amigo's Building Materials & Hardware, Inc. (Amigo's), a property immediately north of the Apartment Building, located at 6410 South Broadway (the Amigo Property). Id. at ¶¶ 16-17. Plaintiff alleges that the Amigo Property was formerly an oil and gas facility that released hazardous chemicals into the ground and that those chemicals have migrated under the Apartment Building. Id. at ¶ 17. On Septembe...

Excerpt: ... – waiting time penalties, (6) failure to provide accurate wage statements, (7) UCL violations, (8) reimbursement of business expenses, (9) unlawful deductions from wages, (10) conversion of gratuities, and (11) failure to pay all wages at time of discharge. Although defendants filed an answer on May 16, 2017, on April 10, 2018, the Court struck the answer and entered default against defendants. Plaintiffs now seek default judgment against defe...

Excerpt: ...ide accurate wage statements, (7) UCL violations, (8) reimbursement of business expenses, (9) unlawful deductions from wages, (10) conversion of gratuities, and (11) failure to pay all wages at time of discharge. Although defendants filed an answer on May 16, 2017, on April 10, 2018, the Court struck the answer and entered default against defendants. Plaintiffs now seek default judgment against defendants in the principal amount of $151,685.00, p...

Excerpt: ...rovide reasonable accommodation, (3) failure to engage in the interactive process, (4) failure to take all reasonable steps to prevent discrimination, (5) wrongful termination in violation of public policies, (6) failure to pay overtime compensation, (7) failure to provide off-duty meal periods, (8) failure to authorize and permit rest periods, and (9) waiting time penalties. On April 13, 2018, plaintiff filed this unopposed motion to change venu...

Excerpt: ...17, plaintiff dismissed the defamation cause of action and defendants Braun and Binder. On April 23, 2018, plaintiff filed this unopposed motion to for leave to file a first amended complaint. The Court considered the moving papers and rules as follows. Procedural Requirements A motion to amend a pleading before trial must (1) include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate it from pr...

Excerpt: ... service indicates that counsel served all the documents on both the client and defendant via its counsel. Counsel served the client by mail at his last known address and represented that he has been unable to confirm that the address is current; counsel represents that he has made multiple attempts to contact plaintiff via phone and letter and that plaintiff's wife and emergency contact have been unable to locate or contact him. Therefore, servi...

Excerpt: ...) violation of Labor Code sections 201 and 203, (7) failure to keep accurate records, (8) violation of Labor Code section 1198.5, (9) UCL violations, (10) violation of Government Code section 12940(a) – associational discrimination based on physical disability, (11) violation of Government Code section 12945.2 et seq., (12) failure to prevent discrimination and/or retaliation, (13) failure to engage in the interactive process, (14) unlawful ret...

Excerpt: ...e where High School and College students design and build remote controlled robots to face-off in competition.” Id. at ¶ 38. LAUSD entered a robot into the event that was transported, shipped, and made available to plaintiff for his use in the competition. Id. at ¶ 18. Plaintiff's coach and teacher, Punjatorn Chanudomchuck, failed to appear at the event. Ibid. During the event but between sessions of operation, the robot began to discharge sm...

Excerpt: ...nds that could be used for children's education. On 03/25/2011, Plaintiff issued a check for $40,000 to defendant whereby defendant promised to set-up educational funds for the plaintiff's two children, Nathan Alegria and Miriam Alegria. The funds were to stay under the ownership of the parent, Elinore S. Alegria. A copy of cancelled check with a note on check – “FBO Nate & Mia Alegria” (for the benefit of) is annexed as Exhibit A. Plaintif...

Excerpt: ...operable windows and household appliances, deteriorated walls and ceilings, faulty pipes and electrical wiring, unsanitary flooring, unsafe common areas, and inadequate security. On August 1, 2013, plaintiffs commenced the first of two cases (Deolarte) in this action. On July 15, 2015, plaintiffs commenced the second (Aguilar). On August 12, 2015, Department 74 of the Court (Judge Sanchez-Gordon) deemed the two cases related. On August 3, 2016, D...

Excerpt: ...ng, the demanding party waives any right to compel a further response to the demand." The Court of Appeal has held that "the time within which to make a motion to compel production of documents is mandatory and jurisdictional" just as it is for interrogatories. Sexton v. Superior Court, 58 Cal.App.4th 1403, 1410 (1997) (issuing writ of mandate ordering trial court to deny untimely motion to compel further responses). Here, the respons...

Excerpt: ...s pertaining to two real property loans (one originating with Center Street and the other with the Kwiats) was forged without his knowledge. The documents are, two each, a promissory note, written guaranty, and deed of trust. Plaintiff also alleges that he received no funds or other consideration in connection with the documents. Procedural History On September 19, 2017, plaintiff filed a complaint for (1) cancellation of promissory note, (2) can...

Excerpt: ...ember 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 app...

Excerpt: ...counsel. On March 27, 2018, plaintiff dismissed Drew with prejudice. <0056004800470003005000 00030047004c00560054[ualify Loeb and moved to seal certain documents filed with the disqualification motion. Motion to Seal Greenfield moves to seal certain un-redacted versions of documents it filed as Exhibits A, B, C, D, E, G, H, I, J, O, and P in support of its disqualification motion. Kandeel does not actually oppose the motion to seal. Instead, he a...

Excerpt: ...y papers and rules as follows. The parties should avoid revealing bank account numbers in their filings. CRC, rule 1.201(a)(2). Motion to Quash Standard When a subpoena requires the attendance of a witness or the production of books, documents or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by the party, the witness, or any consumer described in Code of ...