Excerpt: ...0 on the first cause of action and dismissing with prejudice the second cause of action. In August 2017, the parties entered into a settlement agreement providing that the parties are to arbitrate the issue of coverage under the policy for the claimed losses if the Court of Appeal finds that the judgment is not appealable for any reason. Miglietta Decl. ¶ 6, Exh. 1, Settlement ¶ 2. On January 25, 2018, the Court of Appeal dismissed defendant's ...

Excerpt: ...t $168 per hour, plus the $60 filing fee (which was not requested but sanctions were noticed for a higher total amount). Thus, the Court ORDERS sanctions of $312 paid by plaintiffs to defendants within 21 days. Defendants' motions to compel verified responses to form interrogatories, special interrogatories, and requests for production of documents are each GRANTED. Responses are ordered within 14 days. On each of the three motions, the Court imp...

Excerpt: ...1793.2, subdivision (b), (3) violation of Civil Code section 1793.2, subdivision (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 February 14, 2018, defendant filed this opposed demurrer to the seventh cause of action for insufficient facts and uncertainty, and motion to strike the prayer for punitive damages. Defendant...

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 February 22, 2018, plaintiff filed this unopposed motion to quash two deposition subpoenas, one served on Foothill Presbyterian Hospital, the other, Tenent Healthcare. Plaintiff does not request sanctions. The Court considered the moving papers...

Excerpt: ...1) violation of Civil Code section 1942.4, (2) breach of the warranty of habitability, (3) private nuisance, (4) Business and Professions Code section 17200, et seq., (5) negligence, and (6) breach of the covenant of quiet enjoyment. On February 15, 2018, defendants filed this opposed motion to strike the prayer for punitive damages and related allegations. (Defendants direct their motion to a purported first amended complaint, but only an initia...

Excerpt: ... him in his janitorial duties, which they did. Subsequently, Bucaro was arrested and convicted. On March 3, 2016, plaintiff filed a complaint, on June 7, 2016, a first amended complaint, and on August 8, 2016, the operative second amended complaint for (1) sexual assault and battery (against Bucaro), (2) negligence (against Challengers), (3) negligent hiring (against Challengers), (4) negligent supervision (against Challengers), and (5) negligent...

Excerpt: ... of covenant of quiet enjoyment, (3) negligent and intentional infliction of emotional and mental distress, (4) nuisance, (5) negligence, (6) declaratory relief, and (7) injunctive relief. On November 30, 2016, plaintiffs substituted Arbor Vitae for Doe 1. On June 9, 2017, plaintiffs Ernesto Arangoa and Abril Torres dismissed their claims. On November 3, 2017, Mabry filed a notice of settlement of entire case, stating that a request for dismissal...

Excerpt: ...based on allegations that Prime improperly and untimely filed payroll taxes in Partnership's name, causing Partnership to incur late charges. Allegations Prime alleges that on June 6, 2016, it entered into a written agreement whereby it would provide payroll services to Partnership in exchange for money. On April 30, 2017, the parties terminated the agreement. On May 5, 2017, Prime learned that Robledo sent a written “Request for Loss History /...

Excerpt: ...r all hours worked. On January 12, 2018, plaintiff filed this opposed motion for leave to amend to add a fifth cause of action under Labor Code section 1198.5 for failure to provide employee records. The Court considered the moving, opposition, and reply 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 numbe...

Excerpt: ...public policy, (2) failure to pay overtime, (3) failure to provide meal and rest periods, (4) failure to pay wages, (5) failure to compensate, (6) unfair business practices, (7) whistleblower retaliation, and (8) intentional infliction of emotional distress. On January 31, 2018, USC filed this opposed motion to compel arbitration. (USC styles the procedure as a petition, but it is actually a motion because this case was commenced by complaint.) O...

Excerpt: ..., default was entered against defendant. Plaintiffs now seek default judgment in the principal amount of $317,127.74. The Court reviewed plaintiff's default judgment package and rules as follows. Procedural Requirements On December 15, 2017, default was entered against defendant. No pending motion to vacate default appears in the record. The default judgment packet includes a request for dismissal of Does 1 to 20. It includes a proposed form of j...

Excerpt: ... (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) reckless infliction of severe emotional distress, and (4) violation of Business and Professions Code sections 17500 and 17200. On July 24, 2017, an application and order appointing Lawrence as plaintiff's guardian ad litem was filed. On March 15, 2018, plaintiff filed this petition to approve minor's compromise. The Court considered the petition and ru...

Excerpt: ...at their home. ESP subcontracted the installation to Brothers. Hamilton agreed to insure plaintiffs as additional insureds under a $1 million commercial general liability insurance policy effective January 1, 2017 through January 1, 2018. On July 27, 2017, plaintiffs' real property sustained damage during the installation. Plaintiffs notified defendants, submitted a claim, and demanded payment for repairs. The insurance policy covered the damage....

Excerpt: ...ant of preference, with at most a 15‐day continuance available. Defendant Jason Earl Rubin was defaulted in December 2017, but this Court granted his motion to set aside the default on February 21, 2018. Central to the Court's determination was that it would be holding trial in this matter promptly on March 19, 2018. Defendant's counsel represented: “Defendant is prepared to conduct trial pursuant to CCP Section 36.” (February 13, 2018, Rep...

Excerpt: ...ant of preference, with at most a 15‐day continuance available. Defendant Jason Earl Rubin was defaulted in December 2017, but this Court granted his motion to set aside the default on February 21, 2018. Central to the Court's determination was that it would be holding trial in this matter promptly on March 19, 2018. Defendant's counsel represented: “Defendant is prepared to conduct trial pursuant to CCP Section 36.” (February 13, 2018, Rep...

Excerpt: ...th <011e00030190019a018c01 01890189017d018c019aLs withdrawal, at least insofar as it supports the asserted complete breakdown of the attorney‐client relationship. The Court sets an Order to Show Cause Regarding Representation of these defendants for April 16, 2018, at 8:30 a.m. If new counsel has substituted in by that date, the hearing will go off calendar. Upon non‐appearance of these defendants, the individuals will be self‐represented <...

Excerpt: ...ectric began. Defendants failed to install an operable solar power system and one that will pass inspection. On October 2, 2014, plaintiff filed a complaint and on April 22, 2016, the operative first amended complaint for (1) breach of contract (against Santillan and General Electric), (2) breach of contact (against Washington and Genesis), and (3) fraud (against all four defendants). On May 23, 2016, Washington and Genesis, both represented by W...

Excerpt: ...impose ex <016f016f0003015d012800 01750102018c01c70003Ljudgment motion turns out to be without merit. The Court sees insufficient reason to depart from the normal practice here. Clinton's co‐defendants prevailed on their anti‐SLAPP motions due to the second <01280003017501b5019001 019a018c0102019a011eL a probability of success. This is a case‐specific analysis, and it also (as here) may be plaintiff‐specific, and defendant‐specific. A <...

Excerpt: ...laim for punitive damages and the Doe defendants, obtained entry of default against the two named defendants, and submitted an initial default judgment package seeking only injunctive relief and recovery of costs (initial filing fee only). <003200510003002d00440051005800440055005c0003001c000f0003001500130014001b000f00030057004b00480003002600520058005500570003000b002d00580047004a00480003002e0044004f004c0051000c0003004700480046004f004c005100 480047...

Excerpt: ...tur states: “The parties are to bear their own costs on appeal.” However, the Court of Appeal's April 25, 2017, opinion states: “Khodayari is to recover his costs on appeal.” The Court will assume in this ruling that plaintiff is entitled to costs on appeal. The Court OVERRULES defendants' objection to plaintiff's opposition. Defendants have been able to respond to the opposition, though late‐filed and improperly served. After a close r...

Excerpt: ...ruary 20, 2018, order granting defendants' petition (Judge Raphael) does not carve out as nonarbitrable any claims. There was no motion for reconsideration filed. The Court does not have authority to reconsider the January 23, 2018, ruling by Judge Kalin. The January 23 minute order does state that, following the hearing and the departure of defendant's counsel, plaintiff's counsel informed the Court in an ex parte communication that the gran...

Excerpt: ...t 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 complain...

Excerpt: ...ng to proof for her vehicle and a two-time civil penalty. On November 27, 2017, the Court ordered defendant to produce supplemental responses to Plaintiff's Request for Production of Documents, Set One, Nos. 10, 16, 23, 31, 48, 57, 58, 65- 67 (the “Discovery Order”). (Panchal Decl. Exh. 1.) Afterwards, defendant served plaintiff a CCP § 998 Offer to Compromise in lieu of producing the documents from the Discovery Order. In order to examine t...

Excerpt: ... count: open book account, (4) breach of oral joint venture agreement (Mia-Ethio), (5) declaratory relief, (6) breach of fiduciary duty, and (7) conversion. Kidane sues Michael Drake, Janice Drake, Hal Sandler, Linda Sandler, Phillip Richard Schmidt, Larry Henson, Antonio L. Quinto, Mida Industries, Mida Automotive, Inc., Richco, Inc., RS Global Consulting, LLC for damages, constructive trust, injunctions, civil penalties, and other relief based ...

Excerpt: ...ful termination, FEHA claims, assault, battery, and related claims. On September 20, 2016, Vilchis filed an answer. On August 15, 2017, plaintiff dismissed her claim for punitive damages against Global. On September 26, 2017, default was entered against Global. At the January 26, 2018 FSC, the Court (Judge Kalin) struck Vilchis' answer and entered his default. Plaintiff now seeks default judgments defendants. The Court reviewed plaintiff's defaul...