Excerpt: .... (Plaintiff) filed suit against Gas Media Group, LLA, Keaton Keller, and Oombrella Enterprises (collectively, Defendants). On 9/20/2023, Plaintiff filed a third amended complaint (TAC) alleging: (1) breach of oral contract: breach of the implied covenant of good faith and fair dealing; (2) promissory fraud (3) fraudulent concealment; and (4) breach of fiduciary duty. Now, Defendant Keaton Keller (Defendant) demurs to the second and third causes ...

Excerpt: ...lure to provide reasonable accommodations; (5) failure to engage in good faith interactive process; (6) violation of California Family Rights Act (CFRA); (7) declaratory judgment; (8) wrongful termination; (9) denial of and discrimination based upon the use of sick leave; (10) failure to pay wages; (11) failure to pay minimum wages; (12) failure to pay overtime compensation; (13) failure to provide meal and rest periods; (14) failure to provide i...

Excerpt: ... Janet Baggett and Preston Sertich filed suit against David Rojas and the City of Los Angeles (COLA), alleging (1) invasion of privacy; (2) intentional infliction of emotional distress; (3) negligence; (4) mishandling of human remains; (5) violation of human remains; (5) violation of Civil Code section 1708.85; (6) intrusion into private affairs; and (7) violation of mandatory statutory duties. Now, Defendant David Rojas (Rojas) moves for a prote...

Excerpt: ... Medina Gomez aka Gabriela Medina and Janneth Elizalde (collectively, Plaintiffs) filed suit against General Motors, LLC, alleging a violation of the Song-Beverly Act—breach of express warranty. Now, Plaintiffs move to compel Defendant to produce a Person(s) Most Qualified and Custodian of Records to be deposed. Discussion Plaintiffs argue that Defendant must be compelled to produce a PMQ because despite numerous efforts to meet and confer, Def...

Excerpt: ...rance Company, Mount Vernon Fire Insurance Company, Snapp & Associates Insurance Services, LLC (SNAPP), Alkeme Insurance Services, Inc., and Robin Niehaus (collectively, Defendants). On 11/7/2023, Plaintiffs filed a first amended complaint (FAC) alleging: (1) breach of fiduciary duty; (2) negligence; (3) negligent misrepresentation; (4) intentional misrepresentation; (5) breach of contract; (6) tortious breach of the implied covenant of good fait...

Excerpt: ...(1) defamation-libel; (2) defamation-slander; (3) intentional infliction of emotional distress; (4) negligent infliction of emotional distress; (5) malicious prosecution; (6) abuse of process; and (7) injunctive relief. Now, Defendant moves to tax costs. Discussion Defendant seeks an order taxing the following cots: - Item 1: Filing fees totaling $5,007.88. Defendant argues that these should be reduced to $850, and should be equitably reduced fur...

Excerpt: ...Defendant's demurrer is SUSTAINED, WITH 15 DAYS LEAVE TO AMEND, as the first cause of action against Virtual and Individual Defendants Karraa and Stephens. Defendant's motion to strike is DENIED. On 12/7/2020, Plaintiffs Anton Karraa, Rabadi Service Station, Inc., J. Keith Stephens, and Virtual Media, In. filed suit against the City of Los Angeles and Outfront Media, LLC alleging: (1) writ of mandate; (2) violation of California Unfair Competitio...

Excerpt: ...intiff) filed suit against Gardena Retirement Center, Inc. dba Gardena Retirement Center (Defendant), alleging: (1) dependent adult abuse/neglect; and (2) negligence. Now, Plaintiff moves to compel compliance with RFPs. Discussion Plaintiff seeks to compel further responses to RFP Nos. 12-15, 21, 23, 38, 46, 53, and 58. After review, the Court agrees and disagrees in part. As for RFP Nos. 12-15, these requests concern Department of Social Service...

Excerpt: ...n 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 implied warranty of fitness for particular purpose; 5) breach of contract; and 6) violation of Business and Professions Code section 17200. On 5/15/2020,...

Excerpt: ...or terminating and/or evidentiary/issue sanctions is DENIED. On 2/21/2020, Plaintiff Era Nouveau Holdings, LLC (ENH or Era Nouveau or Enouvation) filed a Complaint against Southern Motion, Inc. (SM 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-Def...

Excerpt: ...hrough her successor-in-interest Tiffany Newman, and Tiffany Newman individually filed suit against KND Development 52, LLC dba Kindred Hospital Baldwin Park as Defendant and Debbie Newman, Donna Shelvin, Wesley Newman, Marion Newman, Christine Newman, and Jill Newman as nominal Defendants. On 1/6/2023, Plaintiff filed a first amended complaint (FAC). On 5/15/2023, Plaintiff filed a second amended complaint (SAC) alleging: (1) elder abuse; and (2...

Excerpt: ...ly and severally sanctioning Plaintiff and counsel $10,500.00, due, within 20 days of entry of this order. On 4/21/2022, Plaintiff CBD Franchising, Inc. (Plaintiff or CBD) filed suit against Central Jersey Doors & Closets, LLC, Mary Conway, William Conway, One Day Doors and Closets, Inc., and One Day Enterprises, alleging: (1) breach of written contract; (2) breach of the implied duty of good faith and fair dealing; (3) tortious interference with...

Excerpt: ...ners, LLC dba Pomona Vista Care Center, and Sun Mar Management Services (collectively, Defendants), alleging: (1) dependent abuse; (2) negligence; (3) violation of Health and Safety Code section 1430(b); (4) willful misconduct; and (5) wrongful death. Now, Defendants move for leave to file a Cross-Complaint (XC). Discussion Defendants seek leave to file a XC for equitable indemnity against Hrayr Basmajian, M.D. A party must obtain leave of court ...

Excerpt: ... demurrer is OVERRULED. Defendant's motion to strike is DENIED. Defendant Parsoda's demurrer is SUSTAINED, WITH 20 DAYS LEAVE TO AMEND. Defendant's motion to strike is GRANTED as to the generalized product identification language allegations, and MOOT as to the prayer for punitive damages. Defendant ASG's demurrer is SUSTAINED, WITH 20 DAYS LEAVE TO AMEND. Defendant's motion to strike is GRANTED as to the generalized product identification langua...

Excerpt: ... Alan Greenberg, Deborah S. Mallgrave, Jenna E. Dunn, Brian L. Williams, Bailee B. Pelham, and Michael Reck (collectively, Defendants), alleging: (1) professional negligence; (2) breach of contract; (3) breach of fiduciary duty. Now, Defendants move to compel Plaintiff to arbitrate her Complaint, and stay this action pending the completion of arbitration. Legal Standard Where the Court has determined that an agreement to arbitrate a controversy e...

Excerpt: ...) retaliation in violation of Labor Code section 1102.5; (2) retaliation in violation of Labor Code section 6310; and (3) unfair business practices. Now, Defendant moves to compel Plaintiff to arbitrate her Complaint, and stay this action pending the completion of arbitration. Legal Standard Where the Court has determined that an agreement to arbitrate a controversy exists, the Court shall order the petitioner and the respondent to arbitrate the ...

Excerpt: ...nt is not the prevailing party; (2) the deposition costs are excessive; and (3) the service of process fees for members of the LAPD should not be recovered as they were not called as witnesses. As to the first contention, Defendant is the prevailing party. As set forth in Code of Civil Procedure Section 1032(a)(4), a prevailing party: “…includes the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defen...

Excerpt: ...lth and Safety Code section 1278.5; (2) Labor Code section 98.6 and 1102.5; (3) Business and Professions Code section 2056; (4) discrimination; (5) retaliation; (6) harassment; and (7) failure to prevent harassment, discrimination, and/or retaliation. Now, Plaintiff moves for equitable relief. Discussion Plaintiff moves for equitable relief so that he can be placed in the same position he would have been had the County of Los Angeles not violated...

Excerpt: ...l District (LAUSD) demurs to Plaintiff's FAC. Discussion Defendant argues that Plaintiff cannot state a claim because: (1) her FAC fails to establish compliance with the statutory requirements of CCP section 340.1; (2) she has not pled facts with the required particularity against a public entity; (3) her fourth cause of action only creates direct liability for individuals and not a public entity; and (4) as to public entities, the retroactive ap...

Excerpt: ...hzar Sedghi to Plaintiffs; and (2) failure to provide medical records of Mahzar Sedghi to Plaintiff's attorney or agent pursuant to Evidence Code section 1158. Now, Defendant demurs to Plaintiff's Complaint. Discussion Defendant argues that Plaintiff's claims are not based on recognized causes of actions, and even if they are, Plaintiff has not alleged sufficient facts to state a claim. In determining whether a cause of action is sufficient, the ...

Excerpt: ... Defendants). On 5/11/2021, Plaintiff filed a first amended complaint (FAC) alleging: (1) sexual harassment; (2) sexual discrimination; (3) failure to take all reasonable steps to prevent harassment and discrimination; (4) retaliation; (5) intentional infliction of emotional distress (IIED); (6) negligent hiring, supervision, and/or retention; (7) failure to provide meal periods; (8) failure to authorize and permit rest periods; (9) failure to pa...

Excerpt: ...o lists a motion to strike, no such motion was included in the moving papers, and thus is not considered here. Discussion Defendant argues that Plaintiff has failed to state a claim because: (1) the person who filed the pleading does not have the capacity to sue; (2) the Complaint lacks sufficient facts to state a claim; and (3) the pleadings are uncertain, ambiguous, and or unintelligible. As a preliminary matter, Defendant's memorandum of point...

Excerpt: ...igent misrepresentation; (3) Business and Professions Code section 17200; (4) breach of express warranty; (5) breach of implied warranty; (6) Song- Beverly Consumer Warranty Act Civil Code section 1793.2(b). Now, GM demurs to the first, second, and third causes of action of the FAC. GM also moves to strike Plaintiff's prayer for punitive damages. Discussion GM argues that Plaintiff has not alleged any facts which could support the claims sounding...

Excerpt: ...t agaist Christophe Schatteman, Danielle Schatteman, Christophe and Danielle Schatteman as Trustees of the Christophe and Danielle Schatteman Living Trust 2006, Hair Fashion, Inc., teaming Up, Inc., CS & Associates, Inc., Cristophe Levyn Ownership Group, Inc. and Christophe-Levyn, LLC, alleging: (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; (3) account stated; and (4) accounting. Now, Defendants Christophe...

Excerpt: ...d rest period premiums; (5) waiting time penalties; (6) non-compliant wage statements; (7) failure to reimburse business expenses; and (8) violation of Business and Professions Code section 17200. Now, Plaintiff moves for summary judgment of the Complaint. The motion is unopposed. Discussion Plaintiff argues that she is entitled to summary judgment because Defendant has admitted to the following: - Plaintiff was employed by Defendant from July 7,...

Excerpt: ...ent of Plaintiffs' Complaint. Discussion Defendant argues that it is entitled to judgment in its favor as a matter of law because Plaintiffs, who bought the vehicle at issue “used,” cannot pursue Song-Beverly claims for breach of implied warranty or breach of express warranty against GM concerning a vehicle that they did not buy as a “new motor vehicle.” In support, Defendant cites Nunez v. FCA US LLC (2021) 61 Cal. App. 5th 385, 399 as t...

Excerpt: ...en Associates, alleging: (1) negligence; (2) constructive eviction; and (3) breach of LAMC section 45.33. Now, Defendant Cedros Garden Associates (Defendant) demurs to Plaintiffs' Complaint. Discussion Defendant argues that Plaintiff's claims are insufficiently pled. After review, the Court disagrees. As for the first cause of action, Defendant argues that Plaintiffs have not alleged sufficient facts to state a claim for negligence because “Pla...

Excerpt: ...the agreement. On 12/5/2022, Plaintiff Sylvia Gates Carlisle (Plaintiff) filed suit against Beaver Medical Group, P.C., Optum, Inc., UnitedHealth Group, Inc., Epic Management Services, LLC, and Raymond Chan (collectively Defendants), alleging: (1) whistleblower retaliation; (2) race discrimination; (3) gender discrimination; (4) failure to prevent and/or remedy harassment, discrimination, or retaliation; (5) retaliation; (6) defamation; and (7) a...

Excerpt: ...r retaliation; (2) wrongful termination; (3) non-payment of earned wages; (4) failure to reimburse business expenses; (5) failure to pay overtime wages; (6) failure to provide duty-free meal periods; (7) failure to provide duty free rest periods; (8) failure to provide accurate itemized wage statements; (9) deficient pay penalties; and (10) waiting time penalties. Now, Defendant Yassine Amalla (Defendant) moves for summary judgment of Plaintiff's...

Excerpt: ...fy the law firm of Munger, Tolles & Olson LLP (MTO) as counsel for the Defendant. Discussion Plaintiff argues that MTO must be disqualified as Defendant's counsel because MTO is representing Defendant in a matter substantially related to MTO's previous representation of Plaintiff. In this case, Plaintiff has brought a claim for legal malpractice against Defendant for negligently drafting board consents to implement critical corporate governance c...

Excerpt: ...gainst Southern Motion, Inc. (SM 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 imp...

Excerpt: ... (Plaintiff) filed suit against the Estate of Reynold F. Paris, trustee of the Paris Family Trust, alleging: (1) rescission; (2) complaint in equity to set aside; (3) fraud; (4) fraud; (5) common counts; (6) common counts; (7) constructive trust; and (8) negligent infliction of emotional distress. Now, Chabad of Ojai Valley (COV) moves to set aside judgment and dismiss this case for lack of jurisdiction over the internal affairs of trusts. Discus...

Excerpt: ...) moves for a protective order providing that John Doe's 3 personal identifying information or likeness, including but not limited to a videotape of John Doe's deposition, (1) not be disclosed to anyone other than the attorneys in this matter, and (2) not be disclosed by the attorneys publicly. Discussion Plaintiff seeks a protective order on behalf of “John Doe”, an employee of Bigg Time Entertainment, Inc. Plaintiff argues that John Does is...

Excerpt: ...ted, in whole or in part, and a new or further trial granted on all or part of the issues on the application of the party aggrieved, for any of the following causes, materially affecting the substantial rights of such party:¿ ¿ (1)¿Irregularity in the proceedings of the court, jury¿or adverse party, or any order of the court or abuse of discretion by which either party was prevented from having a fair trial;¿ ¿ (2)¿Misconduct of the jury;�...

Excerpt: ...ors Trust (Vitar), seeking reimbursement. On 7/18/2023, Vitar filed a cross-complaint against Crusader, alleging: (1) breach of written contract; (2) insurance bad faith; (3) intentional misrepresentation; (4) elder abuse; and (5) declaratory relief. Now, Crusader moves to specially strike Vitar's cross-complaint. Legal Standard On a special motion to strike pursuant to Code of Civil Procedure (CCP) section 425.16, also known as an anti-SLAPP mot...

Excerpt: ...h Defendant is sanctioned, jointly and severally with counsel, $1,750, due within 20 days of entry of this judgment. On 1/28/2022, Plaintiff Fifth Street Funding, Inc. and Mideb Nominees, Inc. (collectively, Plaintiffs) filed suit against Clayton's Public House, LP, EPG Development, Inc. dba Clayton's Construction, Elizabeth Peterson Group, Inc., Tony Gower Pubs, LLC, Elizabeth Peterson, Tony Gower, and Annette Zilinskas, alleging: (1) breach of ...

Excerpt: ...1; (2) breach of implied covenant; (3) misrepresentations; and (4) negligence. Now, Defendants move to transfer this action to the Superior Court of the State of California for the County of San Mateo. Factual Background Each of Plaintiff's claims arise from her Instagram account—specifically, Meta's purported response to Plaintiff's Instagram account being hacked by an unknown third party. Discussion Defendants argue that this action is approp...

Excerpt: ...nc., Timothy James Parker, Clifford E. Peter Allen, St. James Oil Corporation, and the Archdiocese of Los Angeles, alleging: (1) negligence; and (2) strict liability for ultrahazardous activity. Now, Defendant Archdiocese of Los Angeles (Defendant) moves for summary judgment of Plaintiff's Complaint. Discussion Defendant argues that summary judgment is appropriate here because Plaintiff cannot show that it owes a duty to protect Plaintiff from al...

Excerpt: ..., LLC, filed suit against SNF Manager, Inc. and Mecebar, LLC, alleging: (1) securities fraud violation of California Blue Sky Laws (collectively, Defendants); (2) common law fraud; and (3) breach of fiduciary duty. Now, Defendant moves to compel arbitration of Plaintiff's Complaint, and to stay all further proceedings in this case until the completion of arbitration. There is a substantially similar motion to compel arbitration pending in Case No...

Excerpt: ..., LLC, filed suit against SNF Manager, Inc. and Mecebar, LLC, alleging: (1) securities fraud violation of California Blue Sky Laws (collectively, Defendants); (2) common law fraud; and (3) breach of fiduciary duty. Now, Defendant moves to compel arbitration of Plaintiff's Complaint, and to stay all further proceedings in this case until the completion of arbitration. There is a substantially similar motion to compel arbitration pending in Case No...

Excerpt: ...aurant and Bar, alleging: (1) failure to pay wages; (2) failure to pay minimum wages; (3) failure to pay overtime; (4) failure to provide meal and rest periods; (5) failure to provide itemized wage statements; (6) waiting time penalties; (7) failure to indemnify; (8) unfair competition; and (9) failure to permit inspection of personnel and payroll records. Now, Defendant moves to compel arbitration of Plaintiff's Complaint. Legal Standard Where t...

Excerpt: ...nce J. Fitzgibbons, M.D., and Jigar Kadakia, M.D., alleging negligence and medical malpractice. Now, Good Samaritan Hospital (Defendant) moves for summary judgment. Factual Background Plaintiff, who was 23 years old at the time, alleges failure to properly diagnose a compartment syndrome during his hospitalization at co-defendant Good Samaritan Hospital from January 24, 2020 until February 13, 2020. This failure allegedly resulted in the need for...

Excerpt: ...lifford E. Peter Allen, St. James Oil Corporation, and the Archdiocese of Los Angeles, alleging: (1) negligence; and (2) strict liability for ultrahazardous activity. Now, Plaintiff moves to compel Defendant Clifford E. Peter Alllen's deposition. Plaintiff seeks monetary sanctions totaling $1,985.00. Discussion Plaintiff argues that Defendants have refused to provide deposition dates for Defendant Allen. However, as noted by Defendants, at the ti...

Excerpt: ..., Mount Vernon Fire Insurance Company, Snapp & Associates Insurance Services, LLC (SNAPP), Alkeme Insurance Services, Inc., and Robin Niehaus (collectively, Defendants), alleging: (1) breach of fiduciary duty; (2) negligence; (3) negligent misrepresentation; (4) intentional misrepresentation; (5) breach of contract; (6) tortious breach of the implied covenant of good faith and fair dealing; and (7) declaratory relief. Now, Defendant Alkeme Insura...

Excerpt: ...plaint against Defendant Mansour Hashem. On September 1, 2020, Plaintiff filed a second amended complaint (SAC) alleging: (1) breach of written contract; (2) money had and received; (3) common counts; (4) open book account; (5) account stated; (6) failure to honor checks; (7) fraud; (8) negligence; (9) unjust enrichment; (10) judiciary foreclosure; and (11) reformation of contract. Now, Plaintiff seeks an order of assignment and restraining order...

Excerpt: ...D (collectively, Defendants), alleging: (1) housing discrimination; (2) violation of Unruh Civil Rights Act; (3) general negligence; (4) intentional infliction of emotional distress; (6) violation of privacy; (7) unlawful entry into dwelling; (8) unlawful termination of utility by landlord; (9) unlawful obstruction of access to property; and (10) breach of the implied covenant of quiet enjoyment. Now, Defendants move to compel responses to their ...

Excerpt: ...nt action; (3) unfair business practices; and (4) negligence. Now, Plaintiff moves to enforce settlement. The motion is unopposed. Discussion Plaintiff seeks an order of entry of judgment and liquidated damages in the amount of $10,000 against Defendants Venice Development, Inc. and Sris Sinnathamby, pursuant to the terms of the Settlement Agreement entered into between the parties on 2/21/2023. Per the terms of the Settlement Agreement, Defendan...

Excerpt: ...s, alleging negligence. On 7/11/2023, Plaintiff was granted leave to amend to file a Second Amended Complaint (SAC). Now, Defendant Turner Construction Company and Silverado Contractors, Inc. (Defendants) demur to Plaintiff's negligence cause of action. Discussion Defendants argue that the new allegations against them in the SAC do not relate back to the original Complaint's allegations, and thus are barred by the applicable three- year statute o...

Excerpt: ...aintiff Applied Plant Science, Inc. filed suit against Jose L. Nazar and Land of the Free, L.P., alleging: (1) breach of contract; (2) promissory estoppel; (3) conversion; (4) failure to return security deposit in violation of Civil Code section 1950(G); and (5) unfair competition in violation of Business and Professions Code section 17200. Now, Plaintiff moves to compel Nazar and LOTR to appear for depositions, and seeks a protective order. Plai...

Excerpt: ... Plaintiff Timothy Kinman (Plaintiff) filed suit against 12 distinct Defendants alleging: (1) violation of Civil Code section 1942.4; (2) tortious breach of the warranty of habitability; (3) private nuisance; (4) business and professions Code section 17200; (5) negligence; (6) breach of the covenant of quiet enjoyment; (7) intentional infliction of emotional distress; (8) negligence per se; (9) violation of Consumer Legal Remedies Act (CLRA); (10...

Excerpt: ...izade. On 6/20/023, Plaintiff filed a third amended complaint (TAC) alleging: (1) professional negligence—wrongful death; and (2) fraud. Now, Defendant LA Peer Surgery Center (Defendant) demurs to Plaintiff's TAC. Discussion Defendant argues that Plaintiff has not alleged sufficient facts to state a claim for either cause of action. After review, the Court agrees. As for the first cause of action, Plaintiff's claim is not procedurally or substa...

Excerpt: ... mandate; (2) violation of California unfair competition law; (3) waste; and (4) private nuisance. Now, Outfront Media, LLC (Defendant) specially moves to strike Plaintiffs' second and third causes of action. Legal Standard On a special motion to strike pursuant to Code of Civil Procedure (CCP) section 425.16, also known as an anti-SLAPP motion, moving parties have the initial burden to demonstrate that a cause of action is subject to a special m...

Excerpt: ... On 8/2/2023, the Court granted CDE's motion for summary adjudication and Motion in Limine no. 1. Now, the Parkers move for reconsideration of those rulings. Discussion The Parkers argue that they are entitled to reconsideration of the Court's rulings on CDE's motion for summary adjudication and motion in limine no. 1 based on new case law concerning when the statute of limitation starts to run where there is an administrative remedy, and because...

Excerpt: ...seek civil penalties pursuant to the Private Attorney General Act (PAGA), and Labor Code section 2698, et seq. On 7/13/2023, this Court granted preliminary approval of the Class Action and PAGA settlement. Now, Plaintiffs move for final approval of the class action settlement. The motion is unopposed. Discussion The Class Action and PAGA Settlement Agreement and Class Action Notice (Settlement Agreement) provide for the following: (1) A non-rever...

Excerpt: ..., M.D., and Del Carmen Medical Center (collectively, Defendants). On 5/23/2023, Plaintiffs filed a first amended complaint (FAC), alleging: (1) fraud and deceit by intentional misrepresentation; (2) fraud and deceit by negligent misrepresentation; (3) fraud and deceit by suppression of facts; (4) constructive fraud; (5) breach of duty of loyalty/violation of California Labor code section 2863; (6) breach of assert purchase agreement; (7) conversi...

Excerpt: ...alleging defamation. Now, Defendant Mehran Abshah (Defendant) specially moves to strike Plaintiff's Complaint. Legal Standard On a special motion to strike pursuant to Code of Civil Procedure (CCP) section 425.16, also known as an anti-SLAPP motion, moving parties have the initial burden to demonstrate that a cause of action is subject to a special motion to strike. (Martinez v. Metabolife Inter. Ins. (2003) 113 Cal.App.4th 181, 186; Fox Searchli...

Excerpt: ...compel arbitration. Now, Plaintiff moves for reconsideration of that ruling based on a change in law. Discussion Plaintiff seeks reconsideration of the Court's 7/26/2022 ruling based on the recently published decision Martha Ochoa v. Ford Motor Company (2023) Cal.Ct.App. The Court agrees reconsideration is warranted. Typically, a motion for reconsideration must be brought within 10 days of entry of the order. However, CCP section 1008, subdivisio...

Excerpt: ...zar, Land of the Free, L.P., the Telco, Ring Pros , Lc, Champion Communications, Inc., Champion Communications, LTCD, Lead Capital, LLC, and 800.com, LLC, alleging: (1) specific performance of a contract; (2) declaratory relief; (3) declaratory relief; (4) declaratory relief; (5) declaratory relief; and (6) unfair business practices. Now, Defendants Lead Capital, LLC, 800.com, LLC, Joe Luis Nazar, and Land of the Free, L.P. (collectively, “Defe...

Excerpt: ... Retirement Center (Defendant), alleging: (1) dependent adult abuse/neglect; and (2) negligence. Now, Defendant moves to quash two subpoenas for Community Care Licensing Division (CCLD) records. Factual Background Plaintiff was in the care of Defendant. Plaintiff alleges that on 2/26/2022, he—who is paraplegic and could not feel the temperature of the water on his lower limbs—was scalded by hot water after he entered the bathtub. Plaintiff al...

Excerpt: ...3) failure to provide meal periods and pay period wages; (4) failure to provide rest periods and pay rest period wages; and (5) failure to furnish accurate itemized wage statements. Now, Plaintiff moves for leave to amend to file a first amended complaint (FAC). Discussion Plaintiff seeks leave to amend to add: (1) a sixth cause of action for failure to pay earned wages at termination in violation of Labor Code sections 201-203 based on Defendant...

Excerpt: ...30 causes of action. On 10/10/2022, Plaintiffs filed an 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 t...

Excerpt: ...efendants) alleging: (1) discrimination; (2) retaliation; (3) failure to investigate and prevent violations of FEHA; and (4) Labor Code section 1102.5. Now, Defendants move to dismiss, or in the alternative, stay this action, based on forum non conveniens. Discussion Defendants argue that this case should be heard in Virginia, given that this case has only a tenuous connection to California. In support, Defendants submitted evidence that: - None ...

Excerpt: ...ies, L.P. filed suit against Manatt, Phelps & Phillips, LLP and Benjamin G. Shatz (collectively, Defendants), alleging: (1) professional negligence; (2) breach of implied contract; and (3) common counts. On 7/5/2023, Cross-Complainant Manatt, Phelps & Phillips, LLP filed a cross- complaint (XC) against Waring Plaza Properties, L.P., alleging: (1) breach of written contract; (2) open book account; and (3) quantum meruit; and (4) breach of implied-...

Excerpt: ... James Parker, Clifford E. Peter Allen, St. James Oil Corporation, and the Archdiocese of Los Angeles, alleging: (1) negligence; and (2) strict liability for ultrahazardous activity. Now, Defendants Allenco Energy, Inc., Timothy James Parker, and Clifford E. Peter Allen (collectively, Moving Defendants) move for a stay of proceedings, pending the outcome of the ongoing parallel criminal matter. Factual Background On August 3, 2020, the Los Angele...

Excerpt: ...4 Detroit LLC, alleging: (1) tenant harassment; (2) violation of FEHA; (3) violation of the California Disabled Persons Act; (4) wrongful/retaliatory eviction; and (5) breach of contract. Now, Defendants demur to Plaintiff's Complaint. Discussion Defendant argues that Plaintiff's Complaint is uncertain and fails to allege causes of action with particularity. After review, the Court disagrees. As to the first cause of action, Plaintiff's Complaint...

Excerpt: ... 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 implied warranty of fitness for particular purpose; 5) breach of contract; and 6) violation of...

Excerpt: ...t granted Defendant's motion to compel arbitration. Now, Plaintiff moves for reconsideration of that ruling based on a change in law. Discussion Plaintiff seeks reconsideration of the Court's 6/9/2023 ruling based on the recently published decision Martha Ochoa v. Ford Motor Company (2023) Cal.Ct.App. The Court agrees reconsideration is warranted. Typically, a motion for reconsideration must be brought within 10 days of entry of the order. Howeve...

Excerpt: ...rranty; (3) breach of Song-Beverly Act section 1793.2; and (4) fraudulent inducement-concealment. On 6/7/2022, the Court granted Defendant's motion to compel arbitration. Now, Plaintiff moves for reconsideration of that ruling based on a change in law. Discussion Plaintiff seeks reconsideration of the Court's 6/7/2022 ruling based on the recently published decision Martha Ochoa v. Ford Motor Company (2023) Cal.Ct.App. The Court agrees reconsidera...

Excerpt: ... alleging: (1) breach of express warranty; (2) breach of implied warranty; and (3) negligent repair. Now, Plaintiff moves for attorney fees totaling $116,244.75. This is based on $77,496.50 in attorney fees, plus a 1.5 lodestar multiplier. Plaintiff also seeks costs totaling $9,047.26. Legal Standard The party claiming attorneys' fees must establish entitlement to such fees and the reasonableness of the fees claimed. (Civic Western Corporation v....

Excerpt: ...ood Medical Center, L.P., and Crystal Anderson, alleging: (1) intentional interference with prospective economic advantage; and (2) negligent interference with prospective economic advantage. Now, Crystal Anderson (Defendant) specially moves to strike Plaintiff's Complaint. The motion is unopposed. Legal Standard On a special motion to strike pursuant to Code of Civil Procedure (CCP) section 425.16, also known as an anti-SLAPP motion, moving part...

Excerpt: ...yn Lowd Daniels and Bleaker Daniels (collectively, the Daniels). The complaint is for 1) breach of contract; 2) common count; 3) violation of civil code § 8800; and 4) foreclosure of mechanic lien. On 11/17/2017, Cross-Complainants the Daniels filed a Cross-Complaint. On January 26, 2018, Cross-Complainants filed a First Amended Cross-Complaint against ATI, Clinton Monfort, Jehovany Berraza, TBG Construction Company (TBG), Tiara Imperial Homeown...

Excerpt: ...t Baggett and Preston Sertich filed suit against David Rojas and the City of Los Angeles (COLA), alleging (1) invasion of privacy; (2) intentional infliction of emotional distress; (3) negligence; (4) mishandling of human remains; (5) violation of human remains; (5) violation of Civil Code section 1708.85; (6) intrusion into private affairs; and (7) violation of mandatory statutory duties. Now, Defendant moves to bifurcate the damages phase from ...

Excerpt: ...1) defamation-libel; (2) defamation-slander; (3) intentional infliction of emotional distress; (4) negligent infliction of emotional distress; (5) malicious prosecution; (6) abuse of process; and (7) injunctive relief. Now, Defendant moves to tax costs. Discussion Defendant seeks an order taxing the following cots: - Item 1: Filing fees totaling $5,007.88. Defendant argues that these should be reduced to $850, and should be equitably reduced furt...

Excerpt: ...aining causes of action. Defendant's motion to strike is GRANTED. Defendant's motion is GRANTED, WITH 10 DAYS LEAVE TO AMEND, as to the special damages claim. The motion is GRANTED, WITHOUT LEAVE TO AMEND, as to the remaining requests. On 6/1/2021, Plaintiff Eian Beron, Jr. (Plaintiff) filed suit against Gas Media Group, LLA, Keaton Keller, and Oombrella Enterprises (collectively, Defendants). On 7/18/2023, Plaintiff filed a second amended compla...

Excerpt: ...unitive damages and the conspiracy allegations. On 9/20/2022, Plaintiff Gagnon filed suit as an individual and in a directive capacity on behalf of Geminon Properties, LLC (Plaintiff) against Arsalan Hamidi (Defendant). On 6/5/2023, Plaintiff filed a first amended complaint (FAC) alleging: (1) breach of operating agreement; (2) breach of fiduciary duties; (3) constructive fraud; (4) constructive trust; (5) conversion; (6) cessation; and (7) decla...

Excerpt: ...n Sunset, Inc. and Joe's Pizza on Sunset, LLC, alleging: (1) failure to pay minimum wages and overtime wages; (2) failure to provide rest periods and meal periods; (3) failure to pay wages due at time of termination; (4) failure to pay wages due at time of termination; (4) failure to reimburse for business expenses; and (5) unfair business practices. Now, the Court considers whether or not Defendant can be compelled to participate in an ORAP pend...

Excerpt: ...V Mutual Group, Inc., and Sevan Toroussian, alleging: (1) whistleblower violations; (2) unsafe workplace violations; (3) failure to provide meal and rest periods; (4) failure to pay wages in violation of California Labor Code section 201; (5) failure to furnish compliant wage statements; (6) waiting time penalties; (7) violation of California Business and Professions Code section 17200; (8) retaliation and wrongful termination; and (9) failure to...

Excerpt: ...tes (collectively, Plaintiffs) filed suit against General Motors, LLC, alleging violations of the Song-Beverly Act. Now, Plaintiffs moves for an award of attorney fees and expenses totaling $75,696.65. This amount consists of: (1) $52,115.00 in attorneys fees; (2) $1,841.40 in costs; and (3) $3,500.00 for Plaintiffs' counsel to review Defendant's opposition, draft the reply, and attend the hearing on this motion. Legal Standard The party claiming...

Excerpt: ...gainst PIH Health Whittier Hospital (Defendant or PIH), alleging: (1) quantum meruit; (2) defamation per se; (3) defamation; (4) intentional interference with contractual relations; (5) intentional interference with prospective economic advantage; and (6) inducing breach of contract. On 4/28/2023, PIH filed a cross-complaint (XC) against IAS, alleging: (1) declaratory relief; (2) restitution/unjust enrichment; (3) mistaken receipt; and (4) violat...

Excerpt: ...a), Lexington Insurance Company, Great American Assurance company, and National Fire & Marine Insurance Company, alleging: (1) breach of contract; (2) tortious breach of contract; and (3) unfair competition. Now, Plaintiff moves for summary adjudication against Defendants Scottsdale Insurance Company (Scottsdale) and Columbia Casualty Company (Columbia) (collectively, Defendants) as to Defendant's duties under Plaintiff's first cause of action. F...

Excerpt: ...y, Plaintiffs) filed suit against David Frandzel, an individual and as trustee of the D Lifetime Heritage T Frandzel and Blum M Lifetime Heritage Trust (collectively, Defendant). On 4/14/2023, Plaintiffs filed a first amended complaint (FAC), alleging: (1) breach of implied warranty of habitability; (2) tortious breach of implied warranty of habitability; (3) negligence; (4) intentional infliction of emotional distress (IIED); (5) violation of Un...

Excerpt: ...inst NW Investment Co., Inc. (Respondent) seeking to vacate the arbitration agreement. Now, Respondent NW Investment moves to confirm the arbitration award. Petitioner moves to deny the petition to vacate. For ease, the Court has consolidated its analysis into a single ruling. 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...

Excerpt: ...ees filed suit against J&J Snack Foods Corp. of California (Defendant), seeing civil penalties pursuant to the Private Attorney General Act (PAGA), and Labor Code section 2698, et seq. Now, Plaintiff moves for final approval of the Class Action and PAGA settlement. The motion is unopposed. Discussion The Class Action and PAGA Settlement Agreement and Class Action Notice (Settlement Agreement) provides for: …a Gross Settlement Amount (“GSA”)...

Excerpt: ...ailure to provide medical care allegations supporting the fourth cause of action. On 10/15/2020, Plaintiff Whitney Rolland Reed II (Plaintiff or Mr. Reed) filed suit against the County of Los Angeles, Los Angeles County Sherriff's Department, Sheriff Alex Villanueva, Sergeant Rodriguez, Sergeant L. Raymond, Deputy D. Auner, Deputy Hussainian, Deputy M. Salomon, and Deputy J. Stern (collectively, Defendants) . On 5/26/2023, Plaintiff filed a secon...

Excerpt: ...S&EE, LLC (Plaintiff) filed suit against Fastener USA Systems, Inc. (Defendant) alleging a violation of Health and Safety Code section 25249.5 et seq. Plaintiff now submits the parties' Consent Judgment to this Court for approval. Legal Standard Pursuant to Proposition 65, any business that exposes individuals to chemicals known to the State of California to cause cancer or reproductive harm must provide those individuals with a clear and reasona...

Excerpt: ...efendant Robert Lester (Defendant or Mr. Lester) demurs to Plaintiffs' second amended complaint (SAC). Requests for Judicial Notice The Court acknowledges the existence of the documents submitted for judicial notice, but declines to notice the truth of any of those documents. The Court's ruling did not rely on any of the documents contained within the 424-page request for judicial notice. Discussion As a preliminary matter, the Court notes that, ...

Excerpt: ...ief 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 implied warranty of fitness for particular purpose; 5) breach of contract; and 6) violation of Bus...

Excerpt: ...ngly, Defendants' motion to strike is MOOT. On 3/10/2023, Plaintiffs Marvin Pietruszka M.D., Compremed Medical Group, Inc., and Bridgetone Holdings, LLC filed suit against Koruon Daldalyan, M.D., and Del Carmen Medical Center (collectively, Defendants). On 5/23/2023, Plaintiffs filed a first amended complaint (FAC), alleging: (1) fraud and deceit by intentional misrepresentation; (2) fraud and deceit by negligent misrepresentation; (3) fraud and ...

Excerpt: ...mplaint (TAC) alleging: (1) breach of contract; (2) construction defects; (3) construction defects; (4) negligence; (5) negligence; (6) negligent infliction of emotional distress; and (7) negligent infliction of emotional distress. Now, Plaintiff seeks leave to amend to file a third amended complaint (TAC). Discussion On 6/30/2023, the Court sustained in part Defendant's demurrer, based on a determination that Plaintiff had improperly added cause...

Excerpt: ...d suit against 80 Defendants alleging 15 causes of action related to COVID-19 mandates. Now, Defendants California Department of Corrections and Rehabilitation, R. Franklin, J. Macomber, K. Allison, and G. Pratt (collectively, Defendants) demur to Plaintiffs' second amended complaint (SAC). Discussion Defendants argue that Plaintiff's SAC is uncertain and cannot state a claim. After review, the Court agrees for a number of reasons. First, Plainti...

Excerpt: ... LLC (collectively, Defendants), alleging: (1) failure to pay wages due; (2) failure to pay minimum wages; (3) failure to pay overtime compensation; (4) failure to provide meal and rest periods; (5) failure to provide itemized wage and hour statements; (6) waiting time penalties; and (7) unfair competition. Now, Defendants move to compel Plaintiff to submit her claims to binding arbitration and to dismiss this Complaint. Legal Standard Where the ...

Excerpt: ...t a Cross-Complaint for: (1) Breach of Lease; and (2) Detrimental Reliance. Now, Plaintiff/Cross-Defendant (Plaintiff) moves for summary adjudication of the issue of reformation, and Defendants/Cross-Complainants (Defendants) claim for detrimental reliance. Factual Background This action involves two companion leases (the Leases) in a brand new mixed-use property located at 219 Avenue I, Redondo Beach, CA 90277, called “The Oshens” (hereinaft...

Excerpt: ..., 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 wage statements; and (10) harassment. Now, Plaintiff moves for attor...

Excerpt: ... Martinez. On 5/19/2023, Plaintiff filed a first amended complaint (FAC) alleging: (1) retaliation (FEHA); (2) retaliation (Labor Code section 1102.5); (3) harassment (FEHA); (4) discrimination based on religion (FEHA); (5) age discrimination (FEHA); (6) disability discrimination (FEHA); (7) failure to engage in the interactive process (FEHA); (8) failure to prevent harassment and discrimination (FEHA); (9) wrongful discharge in violation of publ...

Excerpt: ...) fraudulent concealment; (5) breach of implied warranties; and (6) loss of consortium. Now, the Dow Company moves to quash Plaintiffs' notice of deposition of Miller and Axline. Discussion On 6/20/2023, and again on 6/23/2023, Plaintiffs served a deposition subpoena on non-party law firm Miller & Axline, counsel of record for the City of Modesto in litigation pending against Dow related to alleged groundwater contamination, City of Modesto, et a...

Excerpt: ...videntiary Objections CCP section 437c, subdivision (q) provides: In granting or denying a motion for summary judgment or summary adjudication, the court need rule only on those objections to evidence that it deems material to its disposition of the motion. Objections to evidence that are not ruled on for purposes of the motion shall be preserved for appellate review. In light of CCP section 437c, subd. (q), the Court declines to rule on the subm...

Excerpt: ...ion of the Song-Beverly Act section 1793.2. On 1/17/2023, Plaintiff moves for reconsideration of that ruling based on a change in law. Discussion Plaintiff seeks reconsideration of the Court's 3/20/2023 ruling based on the recently published decision Martha Ochoa v. Ford Motor Company (2023) Cal.Ct.App. The Court agrees reconsideration is warranted. Typically, a motion for reconsideration must be brought within 10 days of entry of the order. Howe...

Excerpt: ... alleging: (1) discrimination in violation of FEHA; (2) failure to prevent discrimination (FEHA); (3) failure to engage in a timely good faith interactive process in violation of FEHA; (4) failure to provide reasonable accommodation; (5) retaliation in violation of FEHA; (6) harassment in violation of FEHA; (7) failure to prevent harassment in violation of FEHA; (8) Labor Code section 1102.5; (9) Labor Code section 6310, 6311; (10) failure to pay...

Excerpt: ...tration. Now, Plaintiff moves for reconsideration of that ruling based on a change in law. Discussion Plaintiff seeks reconsideration of the Court's 3/20/2023 ruling based on the recently published decision Martha Ochoa v. Ford Motor Company (2023) Cal.Ct.App. The Court agrees reconsideration is warranted. Typically, a motion for reconsideration must be brought within 10 days of entry of the order. However, CCP section 1008, subdivision (c), prov...

Excerpt: ...Durant family Trust, and South Main Street Properties, LLC (collectively, Plaintiffs) initiated this action. On 1/19/2023, Plaintiffs filed a verified first amended complaint (FAC) against the Harb Family Trust dated 11/1/1996, the Irrevocable Trust of chou Bo Chan Chiu (1997) for the benefit of Samson Chiu, and Fusion Investments, LLC (Fusion) alleging: (1) declaratory relief; (2) quiet title and injunctive relief; (3) abandonment of easement; (...