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: ...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: ...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: ...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: ...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: ...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: ... (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: ...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: ...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: ...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: ...” 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...