Excerpt: ...tlement 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...

Excerpt: ...fei Koh, alleging: (1) disability discrimination; (2) disability harassment; (3) retaliation; (3) failure to engage in the interactive process; (4) failure to accommodate; (5) failure to prevent/investigate/correct; (6) failure to prevent/investigate/correct; (7) wrongful termination; (4) violation of wage and hour; (9) violation of Labor Code section 1102.5; and (19) unfair business practices. Now, Defendants Labcorp and Chanfei Koh (collectivel...

Excerpt: ... and Hayat Trust, Eshagh Khoubian, individually and as trustee of the Eshagh and Hayat Trust, and the Eshagh and Hayat Trust filed suit against 58 Defendants, alleging: (1) fraud; (2) negligent misrepresentation; (3) negligence; (4) breach of contract; (5) breach of warranty; (6) negligence; (7) breach of contract; (8) strict products liability; (9) negligence/strict products liability; and (10) civil remedies for Penal Code sections 484 and 496....

Excerpt: ...w, Defendant Azar Barani (Defendant) moves to set aside the entry of default judgment. Discussion This action was filed back in 2009, and a default judgment was entered on July 27, 2010. Notice of entry of judgment was sent out on July 27, 2010, and the underlying judgment was renewed on June 11, 2020. Defendant's motion to set aside was filed March 15, 2023. CCP section 473, subdivision (b), provides in pertinent part: "The court may, upon any t...

Excerpt: ...Inc., Club Demonstration Services, Inc., and Advantage Sales & Marketing, LLC, alleging: (1) disability discrimination; (2) failure to provide reasonable accommodation; (3) failure to engage in good faith interactive process; (4) retaliation; (5) violation of the California Family Rights Act; (6) retaliation; and (7) wrongful termination. Now, Plaintiff moves to compel the depositions of WDS's persons most qualified (PMQ), CDS's PMQ, ASM's PMQ, A...

Excerpt: ...uthern Motion, Inc. (SOUTHERN MOTION or Southern Motion), setting forth a claim for declaratory relief and a claim for breach of contract. Southern Motion answered and cross-complained against Era Nouveau, adding Era Nouveau USA, LLC (EN USA LLC) and Era Nouveau, LLC (EN LLC) as Cross-Defendants and setting forth claims for 1) fraudulent misrepresentations; 2) fraudulent concealment; 3) breach of implied warranty of merchantability; 4) breach of ...

Excerpt: ...: (1) defamation per se; (2) defamation per quod; (3) trade libel; (4) violation of Business and Professions Code section 17200; and (5) intentional interference with contractual relations. Now, Defendants Sadr Law Firm and Kasra Sadr move to set aside judgment and enter a new judgment in favor of Defendants. For ease, the Court has consolidated its analysis into a single ruling. Discussion I. Defendant Sadr Law Firm Defendants argue that the Cou...

Excerpt: ...s, Inc. v. California Department of Education, OAH No. 2011050012, which was affirmed by the California Court of Appeal in Golden Day Schools, Inc. v. Office of Administrative Hearings (2017) 8 Cal.App.5th 1012, and (ii) Golden Day Schools, Inc. v. California Department of Education, OAH Nos. 2015090982, 2015110288, which was not appealed and is final (collectively, the OAH Proceedings). At issue here are two disagreements: (1) whether or not the...

Excerpt: ... On 6/1/2021, Plaintiff Eian Beron, Jr. (Plaintiff) filed suit against Gas Media Group, LLA, Keaton Keller, and Oombrella Enterprises (collectively, Defendants). ON 3/14/2023, Plaintiff filed a first amended complaint (FAC) alleging: (1) breach of oral contract: breach of the implied covenant of good faith and fair dealing; (2) breach of implied-in-fact contract; (3) declaratory relief; (4) fraud; (5) breach of fiduciary duty; and (6) accounting....

Excerpt: ...xpress warranty); (2) violation of Song- Beverly Act (breach of implied warranty); (3) violation of Song-Beverly Act section 1793.2; and (4) fraudulent concealment. Now, Defendant moves to tax costs. Discussion Defendant argues that Plaintiff's claimed costs must be taxed because they have not itemized their costs, but rather list the items in their aggregate amount. Moreover, Defendant disputes the following costs as unreasonable: - Item 5—Ser...

Excerpt: ...cci, and Shala Melamed (collectively, Defendants). On November 19, 2018, Plaintiff filed a first amended complaint (FAC) against Defendants, alleging: (1) failure to pay wages; (2) failure to indemnify; (3) wrongful termination; (4) retaliation—Government Code 12940, subdivision (h); (5) retaliation—Labor Code section 6310; (6) retaliation—Labor Code section 1102.5; (7) fraud; (8) failure to produce employee file; (9) failure to provide wag...

Excerpt: ...1, Pierre Demian (Plaintiff) initiated this action. On 3/11/2022, Plaintiff filed a first amended complaint (FAC) against Montebello Unified School District, the Montebello Unified School District Board of Education, Anthony Martinez, Marisol Madrigal, Joanna Flores, Edgar Cisneros, Alejandro Ramirez, Jr., and Jennifer Gutierrez (collectively, Defendants), alleging violation of the California Whistleblower Protection Act. Now, Plaintiff moves to ...

Excerpt: ...eatment, Inc., and Jeffrey D. Ball as an individual and as a Trustee of the S&J Ball Family Trust dated 8/1/2014, alleging: (1) judicial dissolution; (2) accounting; and (3) breach of fiduciary duty. Now, Defendant Jeffrey Ball (Defendant) moves for a stay of proceedings as to the involuntary dissolution of PCH Treatment. Factual Background This case involves an ongoing business dispute regarding the management and control over PCH Treatment, Inc...

Excerpt: ...vil penalties pursuant to the Private Attorney General Act (PAGA), and Labor Code sections 210, 226.3, 558, 1197.1 and 2699. Now, Plaintiff moves for preliminary approval of the Class Action and PAGA settlement. The motion is unopposed. Discussion The Settlement Agreement provides that Defendants shall pay $200,000.002 as the Gross Settlement Amount. From this amount, Plaintiff requests an award of $4,880.00 in administration costs, attorneys' fe...

Excerpt: ...Donovan and Arconex (collectively, Plaintiffs) filed suit against Quantgene, Inc. and Johannes Bhakdi (collectively, Defendants), alleging: (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; (3) unjust enrichment; (4) intentional misrepresentation; (5) negligent misrepresentation; and (6) violation of Business and Professions Code section 17200. On 3/3/2022, Cross-Complainants Quantgene, Inc. and Johannes Bhakd...

Excerpt: ... SAC, alleging: (1) wrongful death; (2) gross negligence (3) hospital negligence; (4) professional negligence; (5) medical negligence; (6) medical battery; (7) breach of fiduciary duty; (8) fraud; (9) intentional infliction of emotional distress; (10) negligent infliction of emotional distress; (11) survival action; (12) elder abuse; (13) public entity's liability; and (14) civil conspiracy to commit fraud, deceit, and conceal. Now, Aspen Skilled...

Excerpt: ...ely, Plaintiffs) filed suit against Methodist Hospital of Southern California (MHSC or Defendant), alleging: (1) age discrimination; (2) retaliation in violation of Labor Code section 1102.5; (3) retaliation in violation of FEHA; (4) retaliation in violation of Health and Safety Code section 1278.5; (5) retaliation in violation of Labor Code section 4310; (6) failure to prevent discrimination and retaliation; (7) interference and retaliation in v...

Excerpt: ...intiff must file a motion for leave to amend in order to plead additional causes of action. On 2/22/2022, Plaintiff Skyler Wells (Plaintiff) filed suit against Strategic Acquisitions, Inc., BDR, Inc., Open House Realty & Investments, LLC, and Peter Baer. On 2/15/2023, Plaintiff filed a third amended complaint (TAC) alleging: (1) breach of contract; (2) construction defects; (3) construction defects; (4) negligence; (5) negligence; (6) negligent i...

Excerpt: ...) 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) violation of Business and Professions Code section 17200; and (5) violation of the consumer legal remedies act section 1750, et seq. Now, Defendant moves to tax costs. Discussion Defendant argues that Plaintiff is not entitled to recover any costs because sh...

Excerpt: ...t against MJ Industrial Partners, LLC and Ryan Luper (collectively, Respondents) The petition is unopposed. Legal Standard An arbitration award is not directly enforceable until it is confirmed by a court and judgment is entered. (Code Civ_ Proc. 1287 6; Jones v. Kvistad (1971) 19 Cal App_3d 836, 840_) A party who IS satisfied with an arbitration award should move to confirm the award. A petition to confirm an arbitration award must include the s...

Excerpt: ... Newsom (Defendant or Governor) demurs to the SAC. Defendant also moves to strike portions of the SAC. Discussion Defendant argues that the same deficiencies previously identified with Plaintiffs' claims remain, i_e_, the claims against him are barred by the broad immunity provided under the ESA at Government Code section 8655, as well as under additional immunity provisions, and Plaintiffs do not allege exhaustion of claims filing requirements. ...

Excerpt: ...c (CDS), and Advantage Sales & Marketing, LLC (ASM), alleging: (1) disability discrimination; (2) failure to provide reasonable accommodation; (3) failure to engage in good faith interactive process; (4) retaliation; (5) violation of the California Family Rights Act; (6) retaliation; and (7) wrongful termination Now, Defendants seek a protective order from the depositions of persons most (PMQs) Discussion Defendants seek a protective order from P...

Excerpt: ...ilure to pay overtime wages; (5) failure to pay wages due upon termination: waiting time penalties; (6) failure to Issue accurate itemized wage statements; (7) unlawful/unfair business practice; (8) wrongful termination; (9) retaliation; (10) failure to reimburse business expenses; and (11) failure to deliver personnel file. Now, Plaintiff moves for relief from objections. Discussion The Court previously continued this motion after it could not l...

Excerpt: ...(2) cancellation of written instrument based upon fraud; (3) cancellation of written instrument based upon non-delivery; (4) recission; (5) slander; (6) fraud; (7) violation of Califomia Business and Professions Code, (8) declaratory relief; and (9) injunctive relief. Now, Plaintiff Shima Nikfariam (Plaintiff) moves for summary adjudication of the third cause of action for cancellation of written instrument based upon non-delivery Discussion Plai...

Excerpt: ...s warranty, (2) breach of implied warranty, and (3) violation of the Song Beverly Act section 1793_2_ Now, Plaintiff moves to tax costs. Discussion Plaintiff argues that Defendant's submitted costs should be taxed in their entirety because Defendant was not the prevailing party, and the 'the January 20, 2022, California Code of Civil Procedure Section 998 Offer they served is not before the Court nor in evidence, and even if it were it was invali...