Excerpt: ...h Petitioner alleging that he was subject to sexual harassment and retaliation. As part of its investigation into these allegations, in April 2019, Petitioner served Respondent with a "Special Request for Inspection and Copying, Set One” and "Special Interrogatories.” In November 2019, Respondent informed Petitioner that it would not comply. On October 15, 2019, Department of Fair Employment filed this motion requesting an order requiring Res...

Excerpt: ...wful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising and any act prohibited by [California's false advertising law].” (Bus. & Prof. Code, § 17200.) “Because section 17200 is written in the disjunctive, a business act or practice need only meet one of the three criteria- unlawful, unfair, or fraudulent- in order to be considered unfair competition under the UCL.” Buller v. Sutter Health...

Excerpt: ...s. The Court granted summary adjudication of Plaintiff's Fourth through Sixth causes of action for retaliation, failure to prevent discrimination and retaliation, and wrongful termination in violation of public policy. The Court also dismissed Plaintiff's claims for emotional distress damages and punitive damages. On October 18, 2019, Plaintiff filed an ex parte motion for reconsideration on the ground that the Court's rulings appeared to be inco...

Excerpt: ...rns. Previously, Samsung C&T of America, Inc. (“SCT”) was a defendant. SCT had its principal place of business in Commerce, California. On May 7, 2018, the Court denied Defendants' motion to change venue on the ground that venue was proper because of SCT and that SCT was not added to the action in bad faith. On May 20, 2019, the Court granted SCT's motion for summary judgment, dismissing it from the case. On November 20, 2019, Defendants file...

Excerpt: ...d wrongfully terminated because of his age. Defendants seek to consolidate this action with Case No. BC722843, where defendants are being sued by another former employee Albert Blondel-Timmerman (“Timmerman”), who alleges that he too was discriminated against and wrongfully terminated because of his age. In both cases, Loughlin and Timmerman (“Plaintiffs”) allege defendants created a pretext to terminate them. Although both Plaintiffs had...

Excerpt: ...nsurance agent from July 2018 to December 2018. Plaintiff alleges that Defendants misclassified him as an independent contractor. Plaintiff has filed a Complaint against Defendants alleging various wage and hour violations. On February 25, 2019, Plaintiff filed a First Amended Complaint (“FAC”) against Defendants alleging causes of action for: (1) Willful Misclassification (2) Failure to Pay Minimum Wages (3) Failure to Pay Earned Wages (4) F...

Excerpt: ...try and SGVWP entered into a master ground lease to build a solar farm on the property. SGVWP began working on the project and was reimbursed for its costs by Industry. In May 2018, Industry terminated the lease, alleging that SGVWP failed to provide documentation for the $20 million Industry had reimbursed SGVWP. Industry now alleges that SGVWP failed to provide the documentation because their invoices contained charges for work that was not rel...

Excerpt: ...vents took place. Plaintiff's April 25, 2018 filed case, alleges that Defendant failed to give the other partners access to the partnership's books and records. On April 25, 2019, Plaintiff filed a Third Amended Complaint (“TAC”) against Defendant, alleging causes of action for: 1. Dissolution of Partnership 2. Accounting of Partnership 3. Breach of Fiduciary Duty The TAC was filed by Plaintiff and Ford. Ford has since been dismissed from the...

Excerpt: ... that Donovan was born with an imperforated anus, which Defendant's employees failed to discover. Instead, Defendant incorrectly diagnosed Donovan's condition causing him to undergo an unnecessary surgery, a frenotomy (tongue tie clipping). The July 2, 2014 frenotomy was performed by Anne Denslow, a physician assistant. Plaintiffs never consented to Denslow performing the frenotomy and instead consented that Dr. Smeeta Sardesai, a neonatologist, ...

Excerpt: ...d the landlord filed an unlawful detainer against him. Movessian paid Gerro a total of $84,219 in fees and costs. Movessian disputed Gerro's fees and alleged that all the fees incurred were unnecessary because if Gerro had properly reviewed the lease agreement then litigation could have been avoided. The parties participated in non-binding arbitration before the San Fernando Valley Bar Association. On November 2, 2018, the arbitrators issued thei...

Excerpt: ...(“PMQ”) to appear for a deposition. On June 18, 2019, the PMQ's deposition took place. Plaintiff states that the PMQ was not knowledgeable about the case and that Defendants failed to produce unredacted documents. On August 23, 2019, Plaintiff filed the instant motion for an order compelling the depositions of Defendants' PMQ and Production of Documents. Plaintiff requests terminating sanctions, evidentiary sanctions, and monetary sanctions i...

Excerpt: ... equipment and property, taunts her by calling her “yellow skin”, and instigates confrontations with Shee's dog. Defendant Diane Sherwood (“Diane”) is trustee, and sister of Janet, of the trust which owns Janet's residence. On March 20, 2019, Shee filed the initial complaint. On August 28, 2019, the parties appeared in court over Shee's previous motion to compel Janet's deposition. At the hearing, Janet informed the court that she had rec...

Excerpt: ...unt of punitive damages, from the liability phase of trial. Plaintiff has not filed an opposition Standard: Code of Civil Procedure sections 597 and 598 allow a court to order that the trial of any issue or part thereof proceed before the trial of any other issue to promote the ends of justice or the economy and efficiency of handling the litigation. “Except as otherwise provided by law, the court in its discretion shall regulate the order of p...

Excerpt: ...s, LLC (“AMBS”), obtained a judgment against Timothy O'Brien. AMBS, through its manager Edward Panconi (“Panconi”), hired Penners Bergen Law Corp. and Ann Penners Bergen (collectively, “Penners Bergen”) to represent them as part of the process of enforcing the judgment. Penners Bergen served a notice of levy on Fidelity Brokerage Services, LLC (“Fidelity Brokerage”), in an effort to levy O'Brien's 401K as part of the collection ef...

Excerpt: ...ee of the O&L Richardson 2010 Family Trust (“Richardson”) for (1) breach of insurance contract, (2) bad faith breach of implied covenant of good faith and fair dealing, (3) violation of Business & Professions Code Section 17200, (4) negligence, (5) declaratory relief, and (6) declaratory relief. On January 14, 2018, Defendant Richardson (“Defendant”) filed this unopposed motion for leave to file a first amended answer to Plaintiff's Compl...

Excerpt: ...ch of contract; (2) intentional misrepresentation; (3) breach of fiduciary duty; (4) common counts; (5) declaratory relief. On January 3, 2019, Defendant filed the instant motion to compel binding arbitration. Plaintiffs filed opposition papers on February 13, 2019. Defendant filed a reply on February 19, 2019. Standard: “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy ...

Excerpt: ...; Dignity Health, Inc.; St. Mary Medical Center – Long Beach; Advanced Hospice, Inc.; Ling-Jen Huang, R.N.; Neil D. Ramos, M.D.; Ali Nayyer, M.D.; Nathan Wilkes, M.D.; George Ma. M.D.; Richard Allen Victorino, and Does 1 through 50. Plaintiff is successor-in-interest and mother of her deceased son, Decedent. Decedent was also a “dependent adult.” On August 18, 2015, Plaintiff filed her Complaint. On December 4, 2018, Plaintiff filed her ope...

Excerpt: ...declaratory relief, and injunctive relief based on allegations that the battery in Plaintiff's Samsung Galaxy S7 Edge phone manufactured by Defendants exploded, causing Plaintiff to sustain third degree burns and other bodily injury. On October 16, 2017, Plaintiff filed a Complaint and on July 25, 2018, a First Amended Complaint (“FAC”) against Defendants for: (1) strict product liability, (2) strict product liability, (3) negligence, (4) neg...

Excerpt: ...on law misappropriation, and (6) violation of California Civil Code Section 3344. On January 23, 2019, Defendant filed this opposed motion to quash service of summons and complaint. Plaintiff's Evidentiary Objections: Objection Nos. 1-2: sustained. Evid. Code §§ 702(a), 1200. Standard: Effecting service on a limited liability company requires delivery of summons and complaint to some person on behalf of the company. CCP § 416.10; Cal. Corp. Co...

Excerpt: ...f implied warranty of merchantability. Plaintiff leased a 2013 Dodge Dart GT (the “Vehicle”) manufactured and/or distributed by Defendant. It was alleged that during the warranty period, the Vehicle contained or developed defects causing symptoms, including but not limited to, loss of power, failure to accelerate, failure to crank/start, defects in the Vehicle's transmission control module, activation of transmission service light, activation...

Excerpt: ...-Beverly Act – Breach of Implied Warranty; 3. Violation of Song-Beverly Act § 1793.2. On November 20, 2018, Plaintiff filed the instant motion for leave to file a First Amended Complaint (“FAC”). Defendant opposes the motion and a reply has been filed. Motion for Leave to File First Amended Complaint: A motion to amend a pleading before trial must (1) include a copy of the proposed amendment or amended pleading, which must be serially numb...

Excerpt: ...ements of the Davis-Stirling Common Interest Development Act. Plaintiff argues that Defendant failed to notify her of her substantive rights, and offered her no opportunity to participate in a meet-and-confer process. The first amended complaint alleges six causes of action: (1) wrongful foreclosure, (2) breach of contract, (3) breach of fiduciary duty, (4) ejectment, (5) unjust enrichment and (6) declaratory relief. Defendant Brentmark demurs to...

Excerpt: ..., (5) violation of California Family Rights Act, (6) failure to prevent discrimination and retaliation, (7) wrongful termination in violation of public policy, (8) retaliation (Labor Code), and (9) declaratory relief. On September 12, 2018, the Court entered default of defendant Canopy Energy. On January 22, 2019, Canopy filed this unopposed motion to set aside default. Authority to Set Aside Default Under Code of Civil Procedure Section 473(b): ...

Excerpt: ... filed a dissolution document with the California Secretary of State. St. Andrews brings this action to reinstate itself as a corporate entity and to obtain damages from Smith for her fraudulent actions. The first amended complaint alleges five cause of action: 1) Judicial Reinstatement of St. Andrew's 2) Wrongful Dissolution of St. Andrew's 3) Declaratory Relief for St. Andrew's ownership 4) Fraud 5) Conversion Meet and Confer: Prior to filing a...

Excerpt: ...s filed their Complaint and on July 25, 2017, their operative First Amended Complaint against Defendant for: 1. Breach of contract 2. Breach of implied covenant of good faith and fair dealing 3. Intentional infliction of emotional distress 4. Violation of business and professions code §§ 17200 et seq. On July 23, 2018 Plaintiffs forwarded a deposition subpoena and request for production of documents to Non-Party Accurate Leak Locators, Inc. (�...