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: ...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: ...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: ...quipped with a defective continuously variable transmission ("CVT''). On February 13, 2019, Aguirre filed the operative Complaint against Nissan, alleging causes of action for: 1) Violation of the Song Beverly Act-Breach of Express Warranty; 2) Violation of the Song Beverly Act-Breach of Implied Warranty; 3) Violation of the Song Beverly Act Section 1793.2; 4) Fraudulent Inducement-Concealment; 5) Violation of the Consumer Legal Remedies Act (“...

Excerpt: ...sented to a repair facility on numerous occasions. Then, on December 5, 2017, plaintiffs requested that defendant repurchase the vehicle. Defendant states that on January 17, 2018, it agreed over the phone to repurchase the vehicle and sent a letter to plaintiffs a letter the following day memorializing their telephonic offer. On May 22, 2018, Plaintiffs filed the operative Complaint against Defendant alleging causes of action for: 1) Violation o...

Excerpt: ...16.25, and costs in the amount of $1,013.52, stating that their hourly rate is $500 and that they spent approximately 50 hours on the matter. Defendant disputes the attorneys' fees amount requested. There is no opposition to the $1,013.52 in costs. Legal Standard: A prevailing buyer in a Song-Beverly action is entitled to “the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the cour...

Excerpt: ...dney Goldberg (collectively, “Cross-Complainants”). Plaintiffs are tenants at an apartment complex located at 1723 James Wood Blvd and alleged that said complex suffered from habitability issues, property that was sold the to Cross-Complainants, who allege misrepresentations about the condition of the apartment complex. On April 19, 2019, Cross-Complainants filed a Cross-Complaint against Cross-Defendants alleging: 1. Implied Equitable Indemn...

Excerpt: ...ndant failed to inform them that the property contained several Environmentally Sensitive Habitat Area (“ESHA”) violations: The property's hillside slope area contained numerous unauthorized improvements (stairs, walls, corrals, and fences) that violated ESHA. Plaintiffs are were required to remove the improvements and restore the slope to its original condition because of Defendant's failure to disclose the ESHA violations, causing them dama...

Excerpt: ...ant. Decedent was a patient of Defendant on two occasions: August 18-August 23, 2016 and September 8-September 11, 2016. During his first stay, Defendant assessed Decedent as having a high likelihood of falling and created a fall prevention plan. On September 8, 2016, Decedent was again admitted into the nursing facility. On September 11, 2016, Decedent fell from his bed and fractured his left hip. During this time, Decedent is also alleged to ha...

Excerpt: ... Inn Operating Company, LLC, Promenade Restaurant Group, LLC, The Zislis Group, Inc., John Strain and Law Office of John Strain (collectively, “Defendants”). MIOC developed, owned, and managed the Shade Hotel in Manhattan Beach. Plaintiffs <0013001300110003002c00 0033004f0044004c0051>tiffs began receiving regular quarterly returns. Plaintiffs questioned the accuracy of these quarterly returns. In June 2013, MIOC took out a loan from Preferred...

Excerpt: ...s Medical Group, Inc. ("EHS"), is an independent physician association that managed the health care of Medi-Cal beneficiaries who were members of LA Care, which included Decedent. On the night of May 2, 2016, EHS ordered for Decedent to be transferred to Defendant Pacific Alliance Medical Center (“PAMC”). When he arrived at PAMC, Decedent was made to wait for hours before medical staff attended to him. By that time, Decedent had devel...

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: ...dergo multiple surgeries, including reconstruction of his penis, scrotum, and genital area. Thomas Impliazzo and Cynthia Impliazzo are husband and wife. Plaintiffs allege that following gastric bypass surgery, Thomas Impliazzo (“Thomas”) lost a significant amount of weight. The severe weight loss resulted in folds of excess skin that covered, pressed down upon, irritated, and threatened severe injury to his genitals. It is alleged that Blue C...

Excerpt: ...d surgery on Hicks's left leg, after which the pain went away in the left leg (SAC, Pg. 3, ¶ 2.) On December 8, 2016, Hicks signed a document allowing surgery on her right leg. (SAC, Pg. 3, ¶ 3.) As she was lying down on the surgery bed, McLean suddenly notified her that “a new medicine was going to be tested on my left leg first” and that if it “all went well then they would undergo surgery on my right leg with new medicine later.” (Id...

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. (�...

Excerpt: ... for delay in performance. Also on November 30, 2017, plaintiffs filed an application that the action be stayed pending arbitration; doing so allowed a notice of lis pendens to be filed on the subject property pursuant to Code of Civil Procedure section 1298.5. On March 15, 2018, the Court ordered the matter stayed. On July 16, 2018, plaintiffs filed this unopposed motion to compel arbitration and appoint arbitrator. Failure to Tab Exhibits: Plai...

Excerpt: ...d” certain internally contentious, divisive issues. One was a desire to split the organization into northern and southern geographic regions, which she supported. The other involved office space the organization rented to a third party, about which plaintiff engaged counsel. Plaintiff raised her concerns with Western and California Dental Association, and recommended forming a nonprofit foundation and address certain governance issues. Western ...

Excerpt: ...(b). The Court therefore does not consider the opposition.) Standard: Attorneys' Fees The party claiming attorneys' fees must establish entitlement to such fees and the reasonableness of the fees 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 agreemen...

Excerpt: ...to manufacture furniture exclusively for plaintiff, by selling furniture to plaintiff's competitor New Spec. On December 20, 2016, plaintiff filed a complaint, May 22, 2017, a first amended complaint, and on September 25, 2017, a second amended complaint, January 29, 2018, a third amended complaint, and April 13, 2018, the operative fourth amended complaint for (1) breach of contract, (2) breach of contract, (3) intentional misrepresentation, (4)...

Excerpt: ...uled. The parties should note that the Court prefers to receive a separately lodged proposed order on all written evidentiary objections, although such is required only on summary judgment or adjudication, conforming to the format required under California Rules of Court, rule 3.1354, subdivision (c). The “form” provided cannot be used by the Court because it is part of the objections themselves. Attorneys' Fees Standard: The party claiming a...

Excerpt: ...orne based on allegations that plaintiff properly foreclosed on it and that defendants improperly recorded certain documents against it. On June 13, 2017, plaintiff filed a complaint for (1) cancellation, (2) quiet title, and (3) injunction. On September 11, 2017, Burns filed a notice of removal to federal court. On November 1, 2017, plaintiff filed a notice of remand. On March 7, 2018, the Court overruled Burns' demurrer and ordered Burns to ans...

Excerpt: ...iff's consent. According to the allegations, Li and Wu were married from 2008 to 2017; in 2017, Wu's dissolution of marriage petition against Li, brought in the District Court of Guangzhou, China, was completed and judgment was entered. VFAC ¶¶ 7, 10. Although the Thousand Oaks Property was purchased in 2013 during the marriage, the Chinese court did not make any ruling in its judgment to divide real property located outside China. Id. at ¶ 10...

Excerpt: ...ir fiduciary duties. According to the allegations in the complaint, plaintiffs met with Altman beginning in February 2017 to discuss selling plaintiffs' home. Complaint ¶ 11. They agreed that if Altman could bring potential buyers, he would serve as a dual agent for plaintiffs and the buyer in exchange for a commission. Id. at ¶ 14. On March 4, 2017, Altman introduced Nicholas Keros to plaintiffs as a potential buyer. Id. at ¶ 16. Altman, howe...

Excerpt: ...ation of public policy, (11) conversion, and (12) declaratory relief. On June 20, 2018, following an ex parte hearing, the Court granted a temporary restraining order prohibiting defendants (or their employees or agents) from disposing of the Porsche, finding that plaintiff will suffer irreparable harm if the Porsche were disposed of and that plaintiff is likely to prevail on the merits of his claims. The ruling also ordered defendants to show ca...

Excerpt: ...plaint for violation of Prop 65. Plaintiff represents that the parties entered into a settlement on June 7, 2018. Novak Decl. ¶ 5; Proposed Consent Judgment. On June 12, 2018, plaintiff filed this unopposed motion to enter a consent judgment between it and defendants. The Court considered the moving papers and rules as follows. Authority to Approve Prop. 65 Consent Judgment: Under Health and Safety Code section 25249.7(f)(4), “If there is a se...

Excerpt: ...cealment, (3) fraudulent concealment, (4) conversion, (5) quiet title, (6) constructive trust, (7) breach of contract, and (8) breach of contract. Complaints in the consolidated cases followed. Lu Ping, plaintiff in BC652828, and Kuo (defendant in the same case) entered into a Settlement Agreement on May 2, 2018. On July 6, 2018, Ping (hereinafter plaintiff) filed this unopposed motion to enforce the settlement. Kuo (hereinafter defendant) does n...

Excerpt: ...successor-in-interest, filed this opposed motion for leave to file a first amended complaint. Although defendant City of Los Angeles filed an opposition brief on April 26, 2018, City of Los Angeles was dismissed without prejudice on June 20, 2018. (Because defendant County of Los Angeles was dismissed on September 18, 2017, the only named defendant remaining in the matter is State of California, although City of Los Angeles remains in this action...

Excerpt: ...018, plaintiff filed a complaint and on May 17, 2018, the operative first amended complaint. On May 24, 2018, Stepan Cholakian (hereinafter defendant) filed this opposed motion for judgment on the pleadings. Standard: A defendant may file a motion for judgment on the pleadings after filing an answer and the time to demur has expired. CCP § 438(f)(2). A defendant may move for judgment on the pleadings on the ground that the “complaint does not ...

Excerpt: ...ly to appear pro hac vice in this State by way of written application upon due notice to all interested parties, as well as service on the State Bar in San Francisco with payment of a $50.00 fee, so long as that attorney is not a resident of California, does not work in California and does not perform regular or substantial business, professional or other activities in the State. The written application must provide the following information: (1)...

Excerpt: ...e 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) 137 Cal.App.2d 206, 208-209 (stating that self-represented litigants are “restricted to the same rules of evidence and procedure as is required of those qualified to practice law before our courts.”) Demurrer Standard: A demurrer tests the sufficiency of the pleading at issue as a matter of law...

Excerpt: ...ttery in plaintiff's S7 Edge cell phone manufactured by defendants exploded, causing plaintiff to sustain third degree burns and other bodily injury. On October 16, 2017, plaintiff filed a complaint for: (1) strict product liability (design defect and manufacturing defect), (2) strict product liability (failure to warn), (3) negligence (design, sale, manufacturing), (4) negligence (failure to warn), (5) breach of implied warranties, (6) violation...

Excerpt: ...n, (3) failure to engage in good faith interactive process, (4) retaliation, (5) wrongful discharge in violation of public policy, (6) failure to provide personnel grievance records, and (7) PAGA. On March 16, 2018, plaintiff filed a notice of settlement, which indicated that the settlement was unconditional. On May 2, 2018, plaintiff filed this unopposed motion to enforce the settlement. Also on May 2, 2018, the Court granted defendants' counsel...

Excerpt: ... the UCL, (3) violation of the common law right of publicity, and (4) violation of the statutory right of publicity. On May 29, 2019, defendant filed this opposed motion to quash service of summons. (Despite plaintiff's assertion to the contrary, defendant has not requested the incorrect relief, as she is asserting that the Court lacks personal jurisdiction over her.) Standard: “A defendant, on or before the last day of his or her time to plead...

Excerpt: ...018, 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 through 20 on the appropriate Judicial Council form. It also includes a proposed form of judgment on the optional Judicial Council form. The amount requested as principal damages is less than the amount prayed for in the complaint. Although plaintiff's counsel indicated that ...

Excerpt: ...le surgeries, including reconstruction of his penis, scrotum, and genital area. Plaintiffs allege as follows: Following gastric bypass surgery, Thomas lost a significant amount of weight. FAC ¶ 15. (The Court refers to plaintiffs individually by first name for convenience, not out of familiarity or disrespect.) The severe weight loss resulted in folds of excess skin that covered, pressed down upon, irritated, and threatened severe injury to Thom...

Excerpt: ... premises in Commerce, California (the Box-N-Go Premises) to Box- N-Go, with Bernstein, Krakovsky, and Trakhtenberg (guarantors) each executing personal guarantees of the lease in favor of plaintiff. Complaint ¶ 11, 13. In 2013, plaintiff leased adjacent space to non-party BAR Logistics, d/b/a Santa Fe Warehouse. Under the terms of the lease, Santa Fe Warehouse had the right to lease the Box-N-Go Premises once Box-N- Go's lease ended in 2015. Id...

Excerpt: ...complaint for (1) fraud and deceit, (2) attorney malpractice negligence, and (3) breach of fiduciary duty. On May 30, 2018, defendants Harold Greenberg and The Law Firm of Harold Greenberg (collectively, Greenberg) filed this unopposed demurrer for insufficient facts and uncertainty. Greenberg filed this unopposed motion to strike the same day. Greenberg's counsel filed a compliant meet and confer declaration. Murch Decl. ¶ 2. Request for Judici...

Excerpt: ... a trial court has discretion to vacate the entry of a default or subsequent judgment, this discretion may be exercised only after the party seeking relief has shown that there is a proper ground for relief, and that the party has raised that ground in a procedurally proper manner, within any applicable time limits.' [Citation.] Code of Civil Procedure section 473 and 473.5 authorize challenges to defaults and default judgments on various grounds...

Excerpt: ...red to be restored, and the agreement is null and void ab initio. Vitech alleges that the parties entered into an agreement (the Framework Distribution Agreement) whereby defendants would be plaintiff's exclusive distributor of plaintiff's animal feed product for delivery to plaintiff's Chinese customers. Complaint ¶¶ 10, 23. The agreement was written in Chinese. Complaint ¶ 23, Exh. 1. Defendants, however, sold a counterfeit version of plaint...

Excerpt: ...ing Capital Group, Inc. (Pacific Lending), Saksa, LLC (Saksa), MacArthur East, LLC (MacArthur East), MFTDS, Inc. (Master Funding), Stephen L. Wheeler, Andrew Wheeler (collectively with Stephen L. Wheeler, Wheelers), Eugene E. Combes, PS Funding, Inc. (PS Funding), Golden Arrow Head, LLC (Golden Arrow Head), and all persons claiming interest in property described in the complaint for damages and reformation. Cross-complaints by Master Funding and ...

Excerpt: ...ents 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 Civil Procedure section 1985.3, or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon such terms or c...

Excerpt: ...d Breed St.) and monetary damages. According to the allegations, the parties entered into a real estate development business that failed in part because defendants failed to perform the renovation work. In attempting to salvage the business's financial situation, defendants convinced plaintiffs to sell them the properties with the assistance of a new lender but without disclosing that they had a business relationship of their own without actually...

Excerpt: ...stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby, including enforcement of the judgment or order . . . .”); Diesel Const. Equipment Co. v. Neveils (1963) 214 Cal.App.2d Supp. 877, 880 (“All that is necessary to divest the trial court of jurisdiction is the filing of the notice of appeal. [Citation.]”) Although the Court may still decide matters not “embr...

Excerpt: ...acts. Also on June 13, 2018, defendant filed this unopposed motion to strike punitive damages. Plaintiff is self-represented and 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) 137 Cal.App.2d 206, 208-209 (stating that self-represented litigants are “restricted to the same rules of evidence and pro...

Excerpt: ...ellation of instrument, (5) quiet title, (6) slander of title, (7) constructive trust, and (8) resulting trust. According to the moving papers, on June 21, 2017, the parties settled at an MSC. On January 24, 2018, the Court granted plaintiffs' motion to enforce the settlement agreement. On April 24, 2018, judgment was entered in favor of plaintiffs. On May 23, 2018, defendant filed this opposed motion to correct the judgment pursuant to Code of C...

Excerpt: ...tive relief, and (4) specific performance. On May 19, 2017, the arbitrator (Judge Terry Friedman (Ret.)) entered an award in favor of defendant. On May 7, 2018, the Court entered judgment based on the arbitrator's award. Plaintiff filed this opposed motion to vacate or correct the judgment under Code of Civil Procedure sections 663 and 473, subdivision (d). Standard: Code of Civil Procedure section 663 provides that “[a] judgment or decree, whe...

Excerpt: ...junction, a declaration, and other relief arising from defendants' alleged failure to pay title insurance benefits related to a commercial real property and their failure to inform plaintiff that she was “buying a lawsuit.” Allegations: From May through September 2005, plaintiff negotiated to purchase an apartment complex (the Gibraltar property) from third party David Behrend. In August 2005, Behrend told plaintiff's real estate agent that h...

Excerpt: ...ndants exploded, causing plaintiff to sustain third degree burns and other bodily injury. On October 16, 2017, plaintiff filed a complaint for: (1) strict product liability (design defect and manufacturing defect), (2) strict product liability (failure to warn), (3) negligence (design, sale, manufacturing), (4) negligence (failure to warn), (5) breach of implied warranties, (6) violations of the False Advertising Law, and (7) violations of the Un...

Excerpt: ...t to such fees and the reasonableness of the fees 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 ...

Excerpt: ... RJN, Exh. A. The loan was secured by a deed of trust on the Subject Property, and the deed of trust identified Mortgage Electronic Registration Systems, Inc. (MERS) as the beneficiary. Ibid. In May 2012, MERS assigned its interest in the deed of trust securing the 2004 loan to U.S. Bank National Association (US Bank.) In June 2012, a a notice of default was recorded on the Subject Property. RJN, Exh. D. This notice of default indicated that plai...

Excerpt: ...er, no proposed order is included. CRC, rule 3.1362(e) (“The proposed order relieving counsel must be prepared on the Order Granting Attorney's Motion to Be Relieved as Counsel- Civil (form MC-053) and must be lodged with the court with the moving papers.”) Moreover, although an included declaration regarding service indicates that counsel served the notice of motion and motion and declaration on the clients, there is no indication that p...

Excerpt: ...016, plaintiff filed a complaint for violation of Prop 65. On January 4, 2018, plaintiff filed a Notice of Settlement of Entire Case. On May 21, 2018, plaintiff filed this unopposed motion to enter a consent judgment between it and defendants. The Court considered the moving papers and rules as follows. Authority to Approve Prop. 65 Consent Judgment: Under Health and Safety Code section 25249.7(f)(4), “If there is a settlement of an action brou...

Excerpt: ...asserting 13 causes of action. On May 30, 2018, defendant The Revolution Group, Inc. (hereinafter defendant) filed this unopposed motion to seal certain information contained in its motion for determination of good faith settlement. (Although defendant filed this motion on May 30, its motion for determination of good faith settlement was not filed until June 8, 2018.) Standard: A party requesting that a record be filed under seal must file a moti...

Excerpt: ...st establish entitlement to such fees and the reasonableness of the fees 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 constitut...

Excerpt: ...chair. On May 19, 2016, plaintiffs filed a complaint for negligence, premises liability, and loss of consortium. Avalon Tent and Party (Avalon) was substituted as defendant Doe 1 on February 21, 2017. On July 11, 2016, LA Coliseum filed a cross-complaint against Roe cross-defendants for (1) express indemnification, (2) equitable indemnification, (3) equitable contribution, and (4) declaratory relief. Avalon was substituted as cross-defendant Roe ...

Excerpt: ...for dissolution and an accounting, and have made decisions without notifying plaintiffs. Plaintiffs allege that the Buchanan Trust owns a 50% interest in James Wier Family, LLC. On March 17, 2017, plaintiff filed a complaint in Ventura County for (1) breach of contract, (2) dissolution, (3) accounting, (4) breach of fiduciary duty, and (5) bad faith. The complaint was filed in this Court on November 13, 2017. On April 17, 2018, the Court granted ...

Excerpt: ...rd Allen sustained injuries from a broken chair. On May 19, 2016, plaintiffs filed a complaint for negligence, premises liability, and loss of consortium. Avalon Tent and Party (Avalon) was substituted as defendant Doe 1 on February 21, 2017. On July 11, 2016, LA Coliseum filed a cross-complaint against Roe cross-defendants for (1) express indemnification, (2) equitable indemnification, (3) equitable contribution, and (4) declaratory relief. Aval...

Excerpt: ...with reasonable diligence, have discovered and produced at the time of the prior motion. . . . A motion for reconsideration will be denied absent a strong showing of diligence.” Forrest v. State of Calif. Dept. of Corps. (2007) 150 Cal.App.4th 183, 202, disapproved on another ground in Shalant v. Girardi (2011) 51 Cal.4th 1164, 1172, fn. 3); Baldwin v. Home Sav. of Am. (1997) 59 Cal.App.4th 1192, 1199 (noting that 1992 amendment to Code of Civi...

Excerpt: ... Rim Sir filed an answer. On November 16, 2017, plaintiff dismissed the complaint as to Jung Rim Sir with prejudice. On December 29, 2017, plaintiff dismissed its demand for punitive damages as to the fifth cause of action. Default was entered against Pop Up Group, Inc. and Jijoon Kim (hereinafter defendants) also on December 29, 2017. Plaintiff now seeks default judgment against defendants in the principal amount of $24,387.09, plus interest, co...

Excerpt: ...ons of the Unruh Civil Rights Act, and (4) negligence. On May 14, 2018, defendants filed this opposed motion to strike the prayers for punitive damages and related allegations. Standard: The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. CCP § 436(a). The court may also strike all or any part of any pleading not drawn or filed ...

Excerpt: ...016, plaintiffs filed a first amended complaint. On August 3, 2017, plaintiffs filed a second amended complaint. On January 23, 2018, plaintiffs filed the operative third amended complaint for: (1) breach of fiduciary duty; (2) abuse of control; (3) corporate waste; (4) negligence; (5) breach of contract; (6) breach of implied-in-fact contract; (7) breach of covenant of good faith and fair dealing; (8) intentional misrepresentation; (9) unjust en...

Excerpt: ...ion sue defendant Century-National Insurance Company (CNIC) for insurance bad faith arising from defendant's allegedly wrongfully denying plaintiffs' water damage claim. On July 18, 2016, plaintiffs filed a complaint for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) intentional infliction of emotional distress, (4) declaratory relief (re: policy's “cooperation” clause), (5) declaratory relief (...

Excerpt: ...kinCare, LLC; Thibiant Beverly Hills, LLC; True North Equity, LLC; R Lane Associates, Inc.; and Qual-Pro Corporation for injunctive relief, an accounting, rescission, dissolution, and damages based on alleged misappropriation and related claims. On March 26, 2018, plaintiff filed an opposed motion to compel further responses from defendant SkinClinical Technologies, LLC's to plaintiff's production demand. On April 24, 2018, the Court issued a min...

Excerpt: ...ntiality of Medical Information Act, (3) intentional infliction of emotional distress, and (4) negligence. On May 4, 2018, defendant filed this unopposed motion to continue trial. Standard: Continuances of trial dates are generally disfavored, unless the necessity for the continuance resulted from an emergency occurring after the trial setting conference that could not have been anticipated or avoided with reasonable diligence and cannot now be p...

Excerpt: ... for admissions are directed fails to serve a timely response, that party waives any objection to the requests. CCP § 2033.280(a). In addition, the propounding party may move for an order that the truth of any matters specified in those requests be deemed admitted. CCP § 2033.280(b). The court shall make this order unless it finds that, prior to the hearing on the motion, the responding party served a proposed response that is substantially cod...

Excerpt: ...overage of the claim in the above action. On May 4, 2016, plaintiff filed a complaint against defendant, asserting a cause of action under Insurance Code section 11580 to collect on the judgment, case no. BC619295. On October 13, 2017, plaintiff dismissed that case without prejudice. On September 9, 2017, plaintiff acquired Cowo's rights under Cowo and PCIC's insurance contract. Plaintiff then moved to set aside the dismissal on the grounds that ...

Excerpt: ...lure to engage in good faith interactive process, (4) retaliation, (5) wrongful discharge in violation of public policy, (6) failure to provide personnel grievance records, and (7) PAGA. On March 16, 2018, plaintiff filed a notice of settlement, which indicated that the settlement was unconditional. On May 2, 2018, plaintiff filed this unopposed motion to enforce the settlement. Also on May 2, 2018, the Court granted defendants' counsel's motions...

Excerpt: ... leased commercial premises in Commerce, California (the Box-N-Go Premises) to Box- N-Go, with Bernstein, Krakovsky, and Trakhtenberg (guarantors) each executing personal guarantees of the lease in favor of plaintiff. Complaint ¶ 11, 13. In 2013, plaintiff leased adjacent space to non-party BAR Logistics, d/b/a Santa Fe Warehouse. Under the terms of the lease, Santa Fe Warehouse had the right to lease the Box-N-Go Premises once Box-N- Go's lease...

Excerpt: ...guaranty. On April 30, 2018, plaintiff filed this unopposed motion to compel initial responses from Sheen (hereinafter defendant) to form interrogatories and inspection demands and to deem requests for admission admitted. Plaintiff seeks sanctions. Standard: “If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it, the following rules shall apply: [¶] (a) The party to whom th...

Excerpt: ...tion and [Proposed] Consent Judgment as to Hobby Lobby Stores, Inc.” (Stipulation), although no notice of settlement was filed. Greenbaum Decl., Exh. 1 (Stipulation). On April 10, 2018, plaintiff filed this unopposed motion to enter a consent judgment between it and defendant. The Court considered the moving papers and rules as follows. Analysis: On April 2, 2018, the parties executed the Stipulation, a copy of which plaintiff submitted. The St...

Excerpt: ...ion of FEHA; (2) harassment on account of race/color in violation of FEHA; (3) retaliation on account of race/color in violation of FEHA; (4) failure to prevent discrimination, harassment and retaliation; (5) violation of rights under Article I, Section 8 of the California Constitution; (6) wrongful termination in violation of public policy; (7) failure to pay overtime wages; (8) failure to provide meal periods; (9) failure to provide rest period...

Excerpt: ...nt. No pending motion to vacate default appears in the record. The default judgment packet includes a request for dismissal of all Doe defendants and a proposed form of judgment on the appropriate Judicial Council forms. Plaintiff's counsel signed a declaration of nonmilitary status. Plaintiff requests a slightly lower amount of principal damages than prayed for in the complaint, which is acceptable. Plaintiff explains that the contract existed o...

Excerpt: ...complaint for (1) discrimination, harassment, and retaliation on the basis of disability, sexual orientation, and sex, failure to accommodate disability, failure to engage in the interactive process, failure to prevent discrimination, and retaliation for complaining of disability, sexual orientation, and sex in violation of FEHA; (2) sexual harassment; (3) breach of express oral contract not to terminate employment without good cause; (4) breach ...

Excerpt: ...etition, written notice of motion, or other similar paper shall be signed by at least one attorney of record in the attorney's individual name …. An unsigned paper shall be stricken unless omission of the signature is corrected promptly after being called to the attention of the attorney or party.” CCP § 128.7(a). Defendants' notice of motion is unsigned. Defendants are ORDERED to correct this defect by filing a notice of errata within five ...

Excerpt: ... liability. On November 14, 2016, La Puente (apparently the dba name for Crawford's Plaza LLC) filed a cross‐ complaint and on June 6, 2017, the operative first amended cross‐complaint against Kenson is for three counts of indemnity. On November 16, 2017, the Court denied Kenson's motion for judgment on the pleadings against Morales' complaint and La Puente's cross‐complaint. Kenson now brings this opposed motion for summary judgment or sum...

Excerpt: ... filed this opposed petition to confirm arbitration award. Defendants' counsel should note that the Court prefers to receive such petitions on Judicial Council form ADR‐106. The Court's Authority to Confirm Arbitration Award: The parties to arbitration may petition the court to confirm, correct, or vacate the award. CCP § 1285. A petition to confirm an award must be served and filed not later than four years after the date of service of a sign...

Excerpt: ...a total of $60,823.74. Procedural Requirements: On March 1, 2018, default was entered against the two 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 dam...

Excerpt: ...amsung C&T America, Inc., and Amperex Technology Limited for damages, costs of suit, and interest based on allegations that defendants' conduct in manufacturing plaintiff's S7 Edge phone caused him injury when his phone battery exploded. On October 16, 2017, plaintiff filed a complaint for (1) strict product liability (design defect and manufacturing defect), (2) strict product liability (failure to warn), (3) negligence (design, sale, manufactur...

Excerpt: ...ompel Law's deposition. On March 1, 2018, the Court granted the ex parte motion, ordering Law to appear for deposition for two hours maximum and to produce documents on an unrelated inspection demand. On March 15, 2018, defendants deposed Law. During the deposition, Law was instructed by his counsel, asserting attorney‐client privilege, to not respond to certain questions relating to correspondence and communications he reviewed with plaintiff'...

Excerpt: ...lpractice arising from their initial handling of plaintiff's personal injury claim against Dollar Tree, but on March 2, 2018, he dismissed the Brown firm with prejudice. Plaintiff alleges that Dollar Tree allowed a delivery truck to park on the street in an unsafe manner, causing oncoming traffic to swerve around it. On February 9, 2016, a bus was traveling southbound on the street and swerved around the parked delivery truck, causing another veh...