Excerpt: ...e why sanctions should not be imposed for failure to file proof of service of summons and the complaint. On April 9, 2018, the Court issued a minute order delaying the hearing on the OSC to May 16, 2018. On March 16, 2018, default was entered against defendant Genesis Media. Plaintiff now seeks default judgment against Genesis Media. Procedural Requirements: On March 16, 2018, default was entered against Genesis Media. The Request for Entry of De...

Excerpt: ... in the interactive process, (6) failure to pay all hours worked, (7) failure to pay overtime, (8) meal period violations, (9) rest period violations, (10) waiting time penalties, and (11) wrongful termination and retaliation in violation of public policy. On April 11, 2018, defendant Baron Adelmann (hereinafter defendant) filed this opposed demurrer to the sixth through tenth causes of action for insufficient facts. (The Court notes that the not...

Excerpt: ... dealing. On November 3, 2017, defendants removed this action to the United States District Court for the Central District of California. (However, on December 19, 2017, upon stipulation by the parties, the United States District Court remanded this action back to the Court.) On November 13, 2017, defendants collectively filed a single, unverified answer, then on February 9, 2018, each defendant separately filed a first amended verified answer. O...

Excerpt: ...d her employment when she was on medical leave to recover from the incident. On August 21, 2017, plaintiff filed a complaint asserting 11 causes of action. On April 16, 2018, plaintiff filed this opposed motion to quash a subpoena served her former therapist. Neither side seeks sanctions. 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 t...

Excerpt: ... of express written warranty, (5) breach of the implied warranty of merchantability, and (6) fraud by omission. On April 6, 2018, defendant Ford Motor Company (hereinafter defendant) filed this opposed demurrer for insufficient facts and motion to strike punitive damages. The Court considered the moving, opposition, and reply papers and rules as follows. Failure to Meet and Confer: “Before filing a demurrer pursuant to this chapter, the demurri...

Excerpt: ...dgment. Authority to Set Aside Default Under Code of Civil Procedure Section 473(b) and (d) “… [T]he law favors disposing of cases on their merits, ‘any doubts in applying section 473 must be resolved in favor of the party seeking relief from default [citations].'” Rappleyea v. Campbell (1994) 8 Cal.4th 975, 980. A court's decision to grant relief under section 473 is “to be exercised in conformity with the spirit of the law and in a ma...

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 Gateway's last known address within the past 30 days by conversation. Therefore, service was proper. CRC, rule 3.1362(d). Regarding the merits, the “determination of whether to grant or deny a motion to withdraw as counsel lies within the sound discretion of the trial court,” and that in making...

Excerpt: ..., plaintiff filed a complaint for (1) negligence, (2) negligence, (3) negligent maintenance of premises, (4) violations of Los Angeles Rent Stabilization Ordinance, (5) breach of implied warranty of habitably, (6) breach of contract, (7) breach of covenant of good faith and fair dealing, (8) nuisance, (9) unlawful actions by landlord to influence tenants to vacate, (10) wrongful eviction, and (11) unfair competition. On March 12, 2018, Advantageo...

Excerpt: ...tion to be relieved as counsel. On the same date counsel also filed a notice of change of address. Analysis: The motion does not satisfy the procedural requirements. The notice of motion and motion, declaration, and proposed order is on the appropriate Judicial Council forms and addressed to the clients. CRC, rule 3.1362(a), (c), (e). Counsel's declaration states that counsel served the clients by mail at their last known address and confirmed th...

Excerpt: ... petition, 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 fiv...

Excerpt: ...¶ 7. Plaintiff received an express written warranty in which defendant promised to preserve or maintain the utility or performance of the vehicle within the warranty period. Complaint ¶ 7. The vehicle was delivered to plaintiff with serious defects. Complaint ¶ 8. Defendant and its representatives failed to repair the vehicle after a reasonable number of attempts, and then failed to promptly replace the vehicle or make restitution as required ...

Excerpt: ...ed a complaint against Defendant PCIC under Insurance Code § 11580 to collect on the judgment, case no. BC619295. On October 13, 2017, Plaintiff dismissed the 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 Plaintiff's attorney had mistakenly believed that the causes of action for breach of contract, etc. a...

Excerpt: ...endants illegally operated or allowed to be operated an illegal medical marijuana facility. On September 22, 2018, plaintiff filed a complaint asserting four causes of action for unlawful business practices. On April 11, 2018, defendants filed this opposed demurrer for insufficient facts. Defendants' counsel should note that a demurrer is a standalone procedure and is not a “motion for demurrer.” Meet and Confer Requirement: “Before filing ...

Excerpt: ...mber 4, 2016, plaintiff filed a complaint for (1) negligence, (2) negligence, (3) negligent maintenance of premises, (4) violations of Los Angeles Rent Stabilization Ordinance, (5) breach of implied warranty of habitably, (6) breach of contract, (7) breach of covenant of good faith and fair dealing, (8) nuisance, (9) unlawful actions by landlord to influence tenants to vacate, (10) wrongful eviction, and (11) unfair competition. On March 12, 2018...

Excerpt: ...equests, and motion to continue trial. Insufficient Filing Fees: Defendant improperly combined these two motions. One motion addresses form interrogatories, the other, special interrogatories. Defendant filed these two motions as one. The Court intends to order defendant to pay an additional $60 filing fee. The Court intends to admonish defendant for reserving only one hearing. Motion to Compel Response to RFPs and Interrogatories Standard A tria...

Excerpt: ...on, wrongful termination, and related claims. On April 10, 2018, defendant filed this opposed motion to compel arbitration. Untimely Opposition: Even if the opposition papers were untimely, as defendant argues in reply, by responding on the merits, it waived this objection. See Alliance Bank v. Murray (1984) 161 Cal.App.3d 1, 7; Carlton v. Quint (2000) 77 Cal.App.4th 690, 697. Evidentiary Objections: The Court's rulings on defendant's evidentiary...

Excerpt: ... asserting 11 causes of action including sex discrimination, sexual harassment, retaliation, and wrongful termination. On March 2, 2018, Dave & Buster's filed this unopposed motion to compel arbitration. The Court considered the moving papers and rules as follows. Motion to Compel Arbitration Standard: When a motion to compel arbitration is filed and accompanied by prima facie evidence of a written agreement to arbitrate the controversy, the cour...

Excerpt: ...d and refused plaintiffs' demands for dissolution and an accounting, and have made decisions without notifying plaintiffs. Plaintiffs alleges that the Buchanan Trust owns a 50 percent interest in Wier 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 Februa...

Excerpt: ...nflator, plaintiff then presented the vehicle for repairs but defendants Defendants Ford Motor Company and Geweke Co., dba Larry Geweke Ford, were unable to repair the nonconformity and refused plaintiff's request for a repurchase or replacement. On September 9, 2016, plaintiff filed a complaint and on December 6, 2016, the operative first amended complaint (mooting defendants' then pending demurrer to the initial complaint) for (1) breach of imp...

Excerpt: ...17, plaintiffs filed a complaint asserting 22 causes of action. On July 25, 2016, the clerk denied plaintiffs' fee waiver requests and gave notice by mail on July 26, 2016. Plaintiff then had 10 days (plus five days for mail service) to pay the fee, by August 10, 2016. Govt. Code § 68634(e), (g). On August 19, 2016, the clerk gave notice of voiding plaintiffs' complaint for failure to pay the initial filing fee. On August 26, 2016, plaintiffs fi...

Excerpt: ...onsible for Bradford's outstanding $366,832.18 medical bill and rejected Prime's creditor's claim in the probate proceeding to administer Bradford's estate. On November 20, 2017, Prime filed a complaint for (1) breach of contract, (2) common count for services rendered, (3) account stated, and (4) open book account. Finney and Gordon, as Bradford's representative, cross‐sue Prime for damages, personal property recovery, an order rescinding the ...

Excerpt: ...or failure to submit payments. Untimely Opposition: Even if the opposition papers were untimely, as Martingale argues in its supplemental reply, by responding on the merits, it waived this objection. See Alliance Bank v. Murray (1984) 161 Cal.App.3d 1, 7; Carlton v. Quint (2000) 77 Cal.App.4th 690, 697. Improper Opposition: Jamali's counsel should note that a memorandum of points and authorities should include “a statement of facts, a concise s...

Excerpt: ...specific performance, an accounting, an injunction, and other relief arising from allegations of fraudulently luring plaintiff into investing in defendants' business, violating an investment agreement, and mismanaging her immigration visa application. On December 8, 2017, she filed a complaint for (1) fraud – intentional misrepresentation, (2) fraud – negligent misrepresentation, (3) fraud – concealment, (4) fraud – promise without intent...

Excerpt: ...s president, she “inherited” 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...

Excerpt: ...nment, LLC, David Zucker, and Randall Sherman for damages, an injunction, and other relief arising from allegations that Sherman and Zucker made sexist remarks, treated plaintiffs differently from male employees, and terminated plaintiffs' employment under the pretext of a layoff for complaining about discrimination and harassment. On December 14, 2017, plaintiffs filed a complaint for (1) sexual harassment, (2) sex discrimination, (3) retaliatio...

Excerpt: ... Wanda Management. On October 16, 2015, Tong filed a first amended complaint, adding fraud claims. On February 14, 2017, the Court entered a judgment in Tong's favor following a jury trial, and subsequently awarded Tong costs and attorneys' fees. On July 20, 2017, Tong commenced this action, suing David Cheung, Mei Quin Li, and Ling Yau, individually and as trustee, for 10 counts of fraudulent transfer, conspiracy, and aiding and abetting. Concur...

Excerpt: ...er. Zarcal worked as Heller and her late husband's live‐in caretaker. On June 16, 2017, plaintiff filed a complaint asserting 11 causes of action, including Labor Code violations, defamation, wrongful termination, and related claims. On September 5, 2017, defendants filed a cross‐complaint and on September 11, 2017, the operative first amended cross‐complaint against plaintiff for (1) elder abuse, (2) financial elder abuse, (3) breach of fi...

Excerpt: ...inistrator and successor trustee) for damages based on allegations that she failed to pay legitimate legal bills. On June 8, 2017, Whittaker filed a complaint for (1) professional negligence and (2) breach of fiduciary duty. On August 21, 2018, the Court sustained Glaser's demurrer to the second cause of action without leave and granted its motion to strike the prayer for attorneys' fees without leave except without prejudice to move for leave to...

Excerpt: ...jecting sexual harassment. On August 2, 2017, plaintiff filed a complaint for (1) sexual harassment, (2) failure to prevent harassment, (3) retaliation, (4) failure to prevent retaliation, (5) sexual battery, and (6) wrongful termination in violation of public policy. On March 6, 2018, plaintiff filed this opposed combined motion to compel production of five Code of Civil Procedure section 1987 demands. Neither side seeks sanctions. The Court con...

Excerpt: ...n, (2) failure to prevent discrimination, (3) failure to make reasonable accommodation, (4) retaliation, (5) failure to engage in the interactive process, and (6) wrongful termination in violation of public policy. On February 9, 2018, plaintiff filed this opposed motion to quash defendant's deposition subpoena on Kaiser Permanente and sanctions request. Motion to Quash Standard: When a subpoena requires the attendance of a witness or the product...

Excerpt: ...ghts to receive Synder's disputed share of rends, and instruct the tenant to pay Snyder his disputed share of rent directly. Snyder also seeks a writ of possession of rents already paid. Untimely Opposition: Even if the opposition papers were untimely, as Snyder argues in reply, by responding on the merits, he waived this objection. See Alliance Bank v. Murray (1984) 161 Cal.App.3d 1, 7; Carlton v. Quint (2000) 77 Cal.App.4th 690, 697. Motion for...

Excerpt: ...2017, plaintiff filed a complaint asserting a sole cause of action for unlawful business practices under Business and Professions Code section 17200. On October 2, 2017, default was entered against defendants. On February 8 and 9, 2018, plaintiff filed this unopposed motion for leave to file a first amended complaint to add a cause of action for retaliation. (The two filings appear to be identical.) Procedural Requirements: A motion to amend a pl...

Excerpt: ...ly 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, and on January 29, 2018, the operative third amended complaint for (1) breach of contract, (2) breach of contract, (3) intentional misrepresentation, (4) fraudulent concealment, (5) intentional interference with prospective econ...

Excerpt: ...) negligent misrepresentation, (3) fraudulent misrepresentation, (4) fraudulent concealment, (5) breach of contract, (6) breach of covenant of good faith and fair dealing, (7) breach of fiduciary duties, (8) fraud, (9) constructive fraud, (10) libel, (11) libel per se, and (12) slander and defamation. On February 15, 2018, plaintiff filed these opposed motions against State Farm to compel an initial response to form interrogatories and deem RFAs ...

Excerpt: ...hey failed to pay rent and committing waste. On February 22, 2017, HTL filed a complaint for (1) breach of written contract and (2) breach of the implied covenant of good faith and fair dealing. On April 10, 2017, Orizaba filed a cross‐complaint for (1) breach of contract and (2) waste. The same day, Orizaba filed an answer to the complaint. On May 12, 2017, HTL filed an answer to the cross‐complaint. On July 20, 2017, default was entered aga...

Excerpt: ...ary duty, and (7) professional negligence. On March 9, 2018, plaintiff dismissed Re/Max with prejudice. On March 15, 2018, defendants DAR and Franco's counsel, Robert J. Nastase, filed these two unopposed “corrected” motions to be relieved as counsel. (Counsel filed the originals on March 6 and 7, 2018.) The Court considered the moving papers and rules as follows. Analysis: The motions do not satisfy the procedural requirements. The notices o...

Excerpt: ... the operative second amended complaint asserting eight causes of action for wage and hour law violations and a cause of action for unfair business practices. Plaintiff asserts only the fourth cause of action against Ronen. On February 22, 2018, Ronen filed this opposed demurrer to the fourth cause of action for insufficient facts. Ronen's counsel filed a compliant meet and confer declaration. CCP § 430.41; Stern Decl. (Counsel should note that,...

Excerpt: ...PS, its owner and/or CEO C. Don Feak, III, and their counsel, Wen Winny Yang, for declaratory relief and damages based on allegations that PS breached its contractual obligations, and that they disrupted defendants' production and other aspects of their business. Plaintiff / Cross‐Defendant's Allegations: Plaintiff alleges that it designed and obtained FDA clearances for two medical devices. In summer 2015, Glassmand, Llevat, and Carmi (Thibian...

Excerpt: ... On September 29, 2017, plaintiff filed a complaint for (1) breach of contract, (2) open book account, (3) account stated, (4) conversion, and (5) claim and delivery. Plaintiff seeks default judgment in the principal amount of $193,151.22 plus costs and fees for a total of $202,030.22. Procedural Requirements: On December 19, 2017, default was entered against defendant. No pending motion to vacate default appears in the record. The default judgme...

Excerpt: ...ayer for punitive damages. Defendants' counsel submitted a compliant meet and confer declaration. CCP § 430.41; Och Decl. ¶¶ 3‐6. These defendants represented a defendant in the underlying personal injury action. Oversized Memorandum: Shtofman's demurrer opposition memorandum is 16 pages; Shtofman did not seek or obtain permission to file an oversized memorandum, therefore the excessive page is disregarded. CRC, rule 3.1113. Table of Content...

Excerpt: ...t. Plaintiff alleges that his second mortgage was reassigned so many times and so rapidly that he was confused about the identity of the mortgage holder. On or about September 8, 2017, 2nd Chance purchased the property at a foreclosure auction. On November 13, 2017, plaintiff filed a complaint for (1) negligence, (2) negligent infliction of emotional distress, (3) breach of contract, and (4) breach of covenant of good faith and fair dealing. On M...

Excerpt: ...is brother Luca Dotti, Hepburn's two children, own Hepburn's memorabilia (Hepburn IP) and licensed it to Fund. Ferrer interfered with Fund's fundraising efforts by attempting to terminate its license to use the Hepburn IP to support is fundraising efforts, taking control of Fund's website's domain name, attempting to have fashion designer Givenchy falsify a letter concerning a donation to Fund, and taking control of certain Hepburn IP that was to...

Excerpt: ...y 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 he would take care of title insurance. Behrend had defendants name plaintiff as an insured. Provident prepared the policy, and Stewart issued it. FAC ¶...

Excerpt: ...l 10, 2017. Wang and Shieh are ex‐ spouses. The complaint alleges Vitech produces fish food (Vita‐M Fac 2000) in the United States, which it previously shipped to various entities controlled by Wang in China. Wang's companies then repackage the product and sell it throughout China. The complaint alleges that Vitech learned Wang was diluting the fish food with soymeal before selling it further, thereby decreasing the amount she needed to purch...

Excerpt: ... provides industrial safety services for piping and other metal conduits. Mistras has an office in Signal Hill, which a general manager runs. The GM is responsible for, among other things, developing promising technicians and maintaining Mistras' business relationships. In 2014, Mistras hired Baird as GM, Peterson as radiography services manager, and Medina as a radiation safety officer. Baird, Peterson, and Medina agreed to certain terms contain...

Excerpt: ...a Las Vegas hotel and casino. On November 1, 2017, plaintiffs filed a complaint asserting 10 causes of action. On December 21, 2017, defendants filed this opposed motion to compel arbitration. (The motion is styled as a petition, but this action was commenced by complaint, so it is actually a motion.) The Court considered the moving, opposition, and reply papers, and rules as follows. Evidentiary Objections: Defendants object to the entirety of e...

Excerpt: ... to Tab Exhibits: Defendants' counsel should note: “Each paper exhibit must be separated by a hard 8 1/2 x 11 sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation.” CRC, rule 3.1110(f)(3). All parties are ORDERED to strictly comply with this rule or else risk their exhibits being rejected, struck, and/or disregarded, and/or a monetary sanction. This order applies equally to fax filed pa...

Excerpt: ...ed 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 August 2, 2017, Burns filed this opposed demurrer, apparently for insufficient fact...

Excerpt: ... filed a complaint. On November 30, 2017, H Mart filed a cross‐complaint. H Mart cross‐sues its supplier, cross‐defendant Koco Trading, Inc., for indemnity and related claims. On January 11, 2018, the Koco filed this opposed purported single motion to compel further responses to three sets of written discovery demands from CAG. Both sides request sanctions. Failure to Tab Exhibits: Koco's counsel should note: “Each paper exhibit must be s...

Excerpt: ...iff filed a complaint asserting 11 causes of action. On January 12, 2018, the Schwanitzes filed this opposed purported single motion to compel further responses to three sets of written discovery demands. Analysis: Here, defendants seek further responses to form interrogatories (the notice of motion specifies only No. 7.3, but the separate statement addresses Nos. 7.1 and 7.3), their first set of special interrogatories, and their second set of s...

Excerpt: ...ant for LBMMC. SAC ¶ 6. She had a serious back injury, Graves Disease, hypothyroidism, and joint and back pain, and was 60 years old. SAC ¶¶ 7‐8, 45. In March 2016, plaintiff was placed on periodic one or two days' medical leave. SAC ¶ 46. Plaintiff's physician imposed restrictions of no stating for more than 15 minutes and no repetitive hand use, which “were given to [LBMMC] in writing in mid‐2016 and continued in force ….” SAC ¶�...

Excerpt: ...t Filing Fees: Defendant improperly combined these two motions. One motion addresses Alvez's responses; the other, Souza's responses. Defendant filed two separate statements. The Court intends to order defendant to pay an additional $60 filing fee. Analysis: There is no dispute that the motions are procedurally proper. FORM INTEROGATORIES Defendant seeks further responses to Nos. 1 through 8, 10, and 12 through 16. There is no dispute that plaint...

Excerpt: ...d costs and fees for a total of $48,300.58. It seems that plaintiff also sues “all occupants in possession.” See 11/20/17 Request for Entry of Default. The complaint, however, does not actually name “all occupants in possession” as a defendant. Plaintiff's counsel should be prepared to explain. Procedural Requirements: On November 22, 2017, default was entered against defendant. No pending motion to vacate default appears in the record. T...

Excerpt: ...an servicer after several assignments and failure to give notice of default. Plaintiff alleges that his second mortgage was reassigned so many times and so rapidly that he was confused about the identity of the mortgage holder. On or about September 8, 2017, 2nd Chance purchased the property at a foreclosure auction. On November 13, 2017, plaintiff filed a complaint for (1) negligence, (2) negligent infliction of emotional distress, (3) breach of...

Excerpt: ...ing about same. On October 3, 2017, plaintiff filed a complaint for (1) failure to pay wages due, (2) breach of contract, (3) breach of implied covenant of good faith and fair dealing, (4) waiting time penalties, (5) violation of Labor Code section 98.6, (6) violation of Labor Code section 1102.5, (7) wrongful termination in violation of public policy and (8) violation of Business and Professions Code section 17200. On January 5, 2018, defendant ...

Excerpt: ...industrial safety services for piping and other metal conduits. Mistras has an office in Signal Hill, which a general manager runs. The GM is responsible for, among other things, developing promising technicians and maintaining Mistras' business relationships. In 2014, Mistras hired Baird as GM, Peterson as radiography services manager, and Medina as a radiation safety officer. Baird, Peterson, and Medina agreed to certain terms contained in Mist...

Excerpt: ...2017, plaintiff filed a complaint for (1) sexual harassment, (2) retaliation, (3) sex / gender discrimination, (4) failure to prevent, (5) wrongful constructive termination based on sex / gender, and (6) wrongful constructive termination in violation of public policy. On January 5, 2018, Cardenas filed this opposed motion to compel arbitration. The Court considered the moving, opposition, and reply papers, and rules as follows. Evidentiary Object...

Excerpt: ...es that on April 30, 2015, Gill filed a complaint against Angel and later substituted in Ara. The underlying action's complaint alleged that on December 18, 2014, the Perezes' dog bit Gill's client Sandra Mims, that the Perezes knew or should have known that their dog had a propensity for biting humans, and that the Perezes failed to exercise reasonable care. Whether the following allegations were pled in the underlying complaint or are being sta...

Excerpt: ... Court considered the moving, opposition, and reply papers, and rules as follows. Request for Judicial Notice: Plaintiff's request for judicial notice of an unreported U.S. District Court case is DENIED as superfluous. Plaintiff need only cite it. Further, plaintiff failed to tab the exhibit. See below. Failure to Tab Exhibits: Plaintiff's counsel should note: “Each paper exhibit must be separated by a hard 8 1/2 x 11 sheet with hard paper or p...

Excerpt: ...January 30, 2015, she fell on a table in Quest's warehouse and suffered a work‐related injury. She retained a workers' compensation attorney and filed a claim. Just prior to the injury, defendants told plaintiff she was doing a good job and after the injury, plaintiff was working just fine while recovering. Then, on February 12, 2015, immediately after reporting the injury to defendants, she was terminated. Defendants did not discuss or interac...

Excerpt: ...ibiant 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 alleged misappropriation and related claims. Defendants then sued plaintiff PS, its owner and/or CEO C. Don Feak, III, and their attorney Wen Winny Yang, for declaratory relief and damages based on allegations that PS breached its contractual obligations, and that p...

Excerpt: ...s, and attorneys' fees for a total of $441,982.55. Failure to Tab Exhibits: Plaintiff's counsel should note: “Each paper exhibit must be separated by a hard 8 1/2 x 11 sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation.” CRC, rule 3.1110(f)(3). All parties are ORDERED to strictly comply with this rule or else risk their exhibits being rejected, struck, and/or disregarded, and/or a mon...

Excerpt: ...intiff substituted counsel. Then, on January 23, 2018, plaintiff's counsel, Glenn E. Stern and Matthew P. Malczynski, filed this unopposed motion to be relieved as counsel. The Court considered the moving papers and rules as follows. Analysis: The motion does not satisfy the procedural requirements. The notice of motion and motion, declaration, and proposed order are directed to the client and are on the appropriate Judicial Council forms. CRC, r...

Excerpt: ...intiff substituted counsel. Then, on January 23, 2018, plaintiff's counsel, Glenn E. Stern and Matthew P. Malczynski, filed this unopposed motion to be relieved as counsel. The Court considered the moving papers and rules as follows. Analysis: The motion does not satisfy the procedural requirements. The notice of motion and motion, declaration, and proposed order are directed to the client and are on the appropriate Judicial Council forms. CRC, r...

Excerpt: ...escinding a written contract based on allegations of a protracted attorney‐client fees dispute. Plaintiffs allege that Horn conducted unnecessary discovery and failed to comply with orders issued in the underlying case including failure to serve and lodge a compliant long cause trial binder. The parties arbitrated their fee dispute in LACBA's attorney‐client mediation and arbitration forum. Plaintiffs sought to recover about $648,000. On Octo...

Excerpt: ...omplaint and on October 25, 2017, the operative first amended complaint for (1) discrimination, (2) harassment, (3) retaliation, and (4) failure to prevent. On November 29, 2017, defendants filed this opposed demurrer to the second cause of action for insufficient facts and uncertainty. Defendants' counsel filed a compliant meet and confer declaration. CCP § 430.41; Backlar Decl. ¶¶ 3‐4, Exhs A‐B. If the demurrer is sustained, plaintiff �...

Excerpt: ...egations that they terminated his employment because of his age and sexual orientation, violated certain wage and hour laws, breached a bonus agreement, and fraudulently induced plaintiff into the bonus agreement. On May 8, 2017, plaintiff filed a complaint and on November 7, 2017, the operative first amended complaint for (1) discrimination, (2) harassment, (3) failure to prevent discrimination and harassment, (4) retaliation, (5) violation of L...

Excerpt: ...October 3, 2017, plaintiffs filed a complaint for (1) age discrimination, (2) retaliation, (3) failure to prevent discrimination and retaliation, and (4) intentional infliction of emotional distress. Analysis: Here, defendant proffers evidence of written arbitration agreements contained in each plaintiff's “full‐time health professional services contract.” Exhs. 3, 5. There is no dispute that the parties entered into the agreements or that ...

Excerpt: ...rtious breach of insurance contract, and (3) breach of implied covenant of good faith and fair dealing. On November 17, 2017, defendant filed these two unopposed motions to compel further responses to an RFA and related form interrogatory No. 17.1, and requests for sanctions. Analysis: Defendant reserved hearings for motions to compel initial responses, not further responses. This defect is significant because the Court had allocated more time to...

Excerpt: ...es 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 plaintiff's product and kept the sales proceeds for themselves. Complaint ¶¶ 25, 26, 35. In 2015, p...

Excerpt: ...HSNO), the forensic accounting firm that Federal retained to assist it in adjusting Lewis Brisbois' business income loss claim. Standard: “If a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing under the deponent's control that is specified in the deposition notice or a deposition subpoena, the party seeking discovery may move the court for an order compelling that answer or p...

Excerpt: ... termination in violation of public policy. On November 20, 2017, defendant filed this opposed motion to compel further responses to special interrogatories and request for sanctions. Analysis: No. 34 – GRANTED. Plaintiff must unequivocally identify the information sought regardless of whether he “has not earned income to replace the income he lost ….” Plaintiff's qualified response is inadequate. No. 35 – GRANTED. Same reason as above....

Excerpt: ...ys' fees, and costs. Procedural Requirements: On May 23, 2017, default was entered against Nagui and June and Jaq; on June 2, 2017, default was entered against Ruanto, and no pending motion to vacate default appears in the record. The default judgment packet includes a request for dismissal of Does 1 to 10 and a proposed form of judgment on the appropriate Judicial Council forms. Plaintiff's counsel signed a declaration of nonmilitary status. The...

Excerpt: ...filed a complaint for (1) common counts, (2) common counts, (3) breach of contract, and (4) intentional tort (unfair competition.) On November 16, 2017, plaintiffs filed this opposed motion to compel Friedman's deposition. Both sides request sanctions. Failure to Tab Exhibits: Plaintiffs' counsel should note: “Each exhibit must be separated by a hard 8 1/2 x 11 sheet with hard paper or plastic tabs extending below the bottom of the page, bearin...

Excerpt: ...venant of good faith and fair dealing, (4) tortious interference with economic relations, (5) intentional interference with prospective economic advantage, (6) breach of fiduciary duty, (7) breach of duty of loyalty, (8) misappropriation of trade secrets, and (9) unfair business practices. On November 15, 2017, the Court entered an order upon stipulation enjoining Webber from certain conduct related to Versa's trade secrets. On November 14, 2017,...

Excerpt: ...November 7, 2017, defendants' counsel filed these two unopposed motions to be relieved as counsel. On January 12, 2018, they filed amended declarations. Analysis: The motions satisfy the procedural requirements. The notices of motion and motions, declarations, and proposed orders are directed to the clients and are on the appropriate Judicial Council forms. CRC, rule 3.1362(a), (c), (e). Counsel mail served the clients and confirmed their address...

Excerpt: ... bonus agreement, and fraudulently induced plaintiff into the bonus agreement. Ron Burkman and Dennis Hamm owned PSSI until shortly before plaintiff's termination. DEM 1:5‐6. On May 8, 2017, plaintiff filed a complaint and on November 7, 2017, the operative first amended complaint for (1) discrimination, (2) harassment, (3) failure to prevent discrimination and harassment, (4) retaliation, (5) violation of Labor Code sections 201, 203, 226.7, 5...

Excerpt: ...for wage and hour law violations and a cause of action for unfair business practices. Plaintiff asserts only the fourth cause of action against Ronen. On November 13, 2017, Ronen filed this unopposed demurrer to the fourth cause of action for insufficient facts. Ronen's counsel filed a compliant meet and confer declaration. CCP § 430.41; Stern Decl. Counsel should note that, for declarations, paragraph numbers are preferred.) The Court considere...

Excerpt: ...an order that a certain abstract of judgment created a lien against the properties, an order that plaintiff may enforce his judgment by selling the properties, an avoidance of a fraudulent transfers, and an injunction against further transfers. Plaintiff alleges that on August 14, 2007, defendants, as husband and wife, transferred their community property interest in two real properties (Malibu and Torrance) to their living trust. On November 15,...

Excerpt: ... Hana Financial. The Court considered the moving and opposition papers, and rules as follows. Request for Judicial Notice: Hana's request for judicial notice of the SAC in LASC Case No. BC568786 is GRANTED. Evid. Code § 452(d). Evidentiary Objections: The parties should note that the Court prefers to receive separately lodged (not filed) proposed orders on all written evidentiary objections, although such is required only for summary judgment mo...

Excerpt: ... Analysis: Adequate notice and opportunity to be heard on a motion for monetary sanctions is mandated by constitutional due process requirements. O'Brien v. Cseh (1983) 148 Cal.App.3d 957, 961‐ 962; Marriage of Reese & Guy (1999) 73 Cal.App.4th 1214, 1221. Section 128.5, subdivision (f) mandates the moving party comply with procedures set forth in section 128.7, subdivisions (c), (d), and (h). Section 128.7, subdivision (h) requires the moving ...

Excerpt: ...e. It appears to this court that this matter should and/or would very likely be deemed related to LASC Case No. BC600123, still pending before the right honorable Judge Michael Stern, in Department 62. Both cases are essentially Marvin actions, arising from the parties' separation and property division dispute. Love is the plaintiff in the earlier filed case, and Kenneth K. Barnoski is the plaintiff in this case. Plaintiff Barnoski's comp...

Excerpt: ...s. Defendants discovered plaintiff at about 1:30 a.m. and draggled, slid, carried, or otherwise moved plaintiff's body to another location, abandoned him, and failed to summon emergency services. On June 2, 2017, plaintiff filed a complaint for (1) four counts of negligence (failure to render aid, unlawful hiring / training / retention, premises liability, and negligent security), (2) false imprisonment, and (3) battery. The first two causes of a...

Excerpt: ...t agrees with defendant's assessment that the issue of the delayed transmission of the settlement checks could have been and was resolved informally. The evidence establishes that the parties were communicating about the issue, defendant's counsel was engaged with defendant's liability insurance carrier, and that defendant was overall forthcoming and cooperative. In particular, plaintiff admits that “the check was finally deposited on October 2...

Excerpt: ...Louis E. Kempinsky and Kempinsky Law Ltd.'s (collectively, Kempinsky) anti‐SLAPP motion. Defendants David R. Hilty, OOC Hollywood 1LLC, Shereen Arazm (collectively, Hilty) joined this motion. On June 23, 2017, plaintiff filed a notice of appeal of this ruling. On August 1, 2017, the Court granted defendants Martin D. Singer, Lavely & Singer, and Andrew Brettler's (collectively, Singer) anti‐SLAPP motion. On October 2, 2017, plaintiff filed a ...

Excerpt: ...66. Plaintiff acknowledged a credit of $28,315.81. On October 20, 2017, default was entered against Ghashghaie. No pending motion to vacate default appears in the record. The default judgment packet includes a request for dismissal of Does 1 to 20 and a proposed form of judgment on the appropriate Judicial Council forms. On November 9, 2017, plaintiff dismissed Great Used Cars and Stainkam. Plaintiff's counsel signed a declaration of nonmilitary ...

Excerpt: ...reach of contract, (3) fraud, (4) cancellation 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. MOT 4:9‐10. Plaintiffs now bring this motion to enforce settlement. Defendant submitted a “reply to motion to compel settlement (slightly dissenting, mostly concurring).” The Court considered the moving and opposi...

Excerpt: ...y 10, 2018, plaintiff submitted a revised default judgment packet addressing the defect. The Court considered the revised packet and rules as follows. Plaintiff's counsel should again note that exhibits must be tabbed. CRC, rule 3.1110(f). Plaintiff's counsel should again note that default judgment packets must include a case summary. CRC, rule 3.1800(a)(1). Going forward, the Court is likely not going to consider plaintiff's papers that do not s...

Excerpt: ...t to allow necessary plumbing repairs, and have damaged the plumbing system by improperly disposing waste. The board gave improper notice of a special election. Defendant Weisenberg renovated his unit without board approval, violating the CC&Rs. On January 21, 2016, plaintiffs filed a complaint and on February 16, 2016, a first amended complaint. On June 24, 2016, Olga was effectively dismissed for lack of standing. On August 31, 2016, plaintiffs...

Excerpt: ..., plaintiff filed this unopposed motion to confirm arbitration award. The Court considered the moving papers and rules as follows. 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 signed copy of the award on the petitioner. CCP § 12...

Excerpt: ...ility discrimination, (2) failure to accommodate, (3) failure to engage in the interactive process, (4) wrongful termination in violation of public policy, and (5) retaliation in violation of the FEHA. On November 30, 2017, defendant filed this unopposed Pitchess motion, requesting an order that third party Los Angeles Sheriff's Department produce essentially the entirety of plaintiff's employment file. Pitchess Motion Standard: There is a specia...

Excerpt: ...or a total of $57,112.60. Procedural Requirements: On November 3, 2017, default was entered against both 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 forms. Plaintiff's counsel signed a declaration of nonmilitary status. Plaintiff requests the same amount of principal damag...

Excerpt: ...40 states that an attorney in good standing in another jurisdiction may apply 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 t...

Excerpt: ...emple Street Properties for damage arising from allegations that defendants negligently caused a fire at their construction site. Claims against Palmer: City alleges that on December 8, 2014, a fire broke out at the DaVinci Apartments, which was then under construction. The fire damaged 221 N. Figueroa. The sprinklers caused water damage. City incurred costs for firefighting. City's damages were about $80 million. City's insurance company reimbur...

Excerpt: ...EMI Hastings Catalog Inc. for damages arising from allegations that defendants underpaid royalties. On June 30, 2017, plaintiff filed a complaint for an accounting. On October 3, 2017, plaintiffs filed the operative first amended complaint for breach of contract. On November 17, 2017, defendants filed this opposed demurrer for insufficient facts and motion to strike paragraphs regarding other catalogs and the prayer for an accounting. Defendants'...

Excerpt: ...intiff's counsel Robert F. Rubin filed this unopposed motion to be relieved as counsel. Analysis: The motion satisfies the procedural requirements. The notice of motion and motion, declaration, and proposed order are directed to the client and are on the appropriate Judicial Council forms. CRC, rule 3.1362(a), (c), (e). Counsel mail served the client and confirmed his address by telephone, conversation, and email within the past 30 days. CRC, rul...

Excerpt: ...nts, and plaintiff dismissed its punitive damages claims on the first and second causes of action. It appears that the parties stipulated to setting aside the default entered against the Yoons. See Discovery Motions, Tabibi Decl. ¶ 4, Exh. 2 (referring to a signed stipulation.) On December 28, 2016, the Yoons each filed an answer. On June 28, 2017, the Court granted plaintiff's unopposed motions to compel initial responses against the Yoons. On ...

Excerpt: ...td.'s (collectively, Kempinsky) anti‐SLAPP motion. Defendants David R. Hilty, OOC Hollywood 1LLC, Shereen Arazm joined this motion. On August 21, 2017, the Court denied the joining defendants' opposed motion for $17,970 in attorneys' fees without prejudice on the ground that the amount of requested fees was unreasonably inflated. On October 16, 2017, the joining defendants filed this opposed renewed motion for $9,135 in attorneys' fees. The Cou...

Excerpt: ...on parking lot, discriminated against plaintiffs based on their national origin, Chinese, and issued physical threats to plaintiffs. On October 6, 2017, plaintiffs filed a complaint, on April 25, 2017, a first amended complaint, and on June 6, 2017, the operative second amended complaint for (1) breach of written contract (by Jin against Dhow), (2) breach of covenant of quiet enjoyment (by Jin and Cui against Dhow), (3) negligent misrepresentatio...

Excerpt: ...ounsel filed these two unopposed motions to be relieved as counsel. The Court considered the moving papers and rules as follows. Analysis: The motions satisfy the procedural requirements. The notices of motion and motions, declarations, and proposed orders are directed to the client and are on the appropriate Judicial Council forms. CRC, rule 3.1362(a), (c), (e). Counsel mail served the clients and confirmed their addresses by telephone and conve...