Excerpt: ...er against Wen Xie, Ravinder S. Grewal, Happy Day, Inc dba Baker Travel Plaza., and Glenwind Enterprises. On 1/30/2024, Michael A. Foster moved for an order to deposit stock certificates with the Court. Foster also seeks attorney fees and costs totaling $13,570.17. Factual Background Foster seeks to deposit stock certificates which are in his possession, and which are the subject of a dispute over ownership. That ownership dispute is the subject ...

Excerpt: ...ur laws— unpaid vacation; (3) violation of rest period law; (3) violation of meal period law; (5) violation of wage and hour laws —unpaid overtime wages; (6) failure to pay wages; (7) failure to provide accurate wage statement; (8) violation of Labor Code section 2810.5; (9) failure to provide COVID-19 paid sick leave; (10) violation of per diem rates; (11) waiting time penalties; (12) violation of Business and Professions Code section 17200;...

Excerpt: ...scrimination based on sex/gender; (2) failure to accommoda te; (3) failure to engage in timely and good faith interactive process; (4) retaliation; (5) harassment based on disability and sex/gender; (6) failure to prevent; (7) whistleblower retaliation; (8) violations of California Fair Pay Act; and (9) wrongful discharge in violation of Public Policy. On 1/22/2024, Defendants moved to compel Plaintiff to arbitrate her Complaint. Legal Standard W...

Excerpt: ...prevent discrimination; (5) disability discrimination; (6) failure to accommodate; and (7) failure to engage in the interactive process. On 12/14/2023, Plaintiff moved to file a Second Amended Complaint (SAC). Discussion Plaintiff seeks to leave to amend to delete his allegations regarding disability discrimination, and to add allegations of race/ethnic discrimination. The policy favoring leave to amend is so strong that it is an abuse of discret...

Excerpt: ...Health Sciences, Inc., Edward W. Withrow III, Calli Bucci, 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) failur...

Excerpt: ...mplaint. On 2/20/2024, Plaintiff opposed. Discussion Defendant argues that Plaintiff's Complaint must be dismissed on the following grounds: ( 1) The Plaintiff does not have standing or legal capacity to sue; (2) There is another action pending between the Plaintiff and Defendant on the same cause of action; (3) The court lacked subject matter jurisdiction over the unlawful detainer cause of action because the Defendant was not served with any of...

Excerpt: ...ing: (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. Discussion This action arises out of a Stipulated Judgment entered 2/6/2023, which struck, in part, a $75,000 ...

Excerpt: ..., alleging a violation of Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986. On 2/5/2024, Defendant moved for a judgment on the pleadings. On 2/16/2024, Plaintiff opposed. Discussion Defendant argues that it is entitled to a judgment on the pleadings because Plaintiff's Notice of Violation is defective, and Prop 65 requires strict compliance with pre-suit notice requirements. In support of the first contention (i.e, the No...

Excerpt: ...laintiff 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 contractual relations; and (4) unlawful business practices. On 2/1/2024, Plaintiff CBD filed a renewed motion to compel further responses to Defendants' s...

Excerpt: ...each of contract and declaratory judgment. On 8/2/2023, the Court granted CDE's motion for summary adjudication and motion in limine no. 1. On 1/25/2024, Plaintiff moved for an order lifting the stay of these consolidated civil actions and directing the clerk to enter judgment in BC705147 and 19STCV12595. Discussion On June 16, 2023, the Court held a hearing on the motion for summary adjudication and a related motion in limine. (Heyn Decl. ¶ 6.)...

Excerpt: ...d a first amended complaint (FAC), alleging the same causes of action. Now, Defendant demurs to Plaintiff's FAC. Discussion Defendant argues that Plaintiff has not alleged sufficient facts to support her claims. As a preliminary matter, Plaintiff filed an amended complaint. However, California law is clear that a party may only amend its pleading once without leave of Court. (CCP § 472.) Given that Plaintiff already filed a FAC without leave of ...

Excerpt: ...ornia. Plaintiff is sanctioned, jointly and severally with counsel, $1,100, payable within 20 days. On 6/24/2022, Plaintiff Alfredo Lopez (Plaintiff) filed suit against Martin L. Berman, Esq., Law Offices of Pflaster & Berman, and Edward J. Siegler, Esq., alleging: (1) legal malpractice; and (2) breach of fiduciary duty. On 2/9/2023, Defendants Martin L. Berman, Esq. and Law Offices of Pflaster & Berman moved to compel the deposition of Plaintiff...

Excerpt: ...on to compel further responses to its RFPs is GRANTED. Defendants are sanctioned, jointly and severally with counsel, $1,400. Responses are due within 10 days, sanctions payable within 30 days. Plaintiff's motion to compel further responses to its FROG No.17.1 is GRANTED. Defendants are sanctioned, jointly and severally with counsel, $1,400. Responses are due within 10 days, sanctions payable within 30 days. On 4/21/2022, Plaintiff CBD Franchisin...

Excerpt: ...) fraud. On 5/26/2020, Zhou Cai and Vita Selection, Inc. filed a cross -complaint against Miawa Investment, Maggie-Dawson, Inc., Juan Li, and Seven Bubble, Inc., alleging: (1) breach of contract; (2) common counts; (3) fraud; (4) intentional tort; and (5) general negligence. On 3/1/2022, Vista Selection, Inc. filed a cross-complaint against MKM Trading, LLC and Christie Ly (collectively, MKM Defendants), alleging: (1) breach of contract; and (2) ...

Excerpt: ...o reimburse business expenses, and violation of Business and Professions Code section 17200. On 11/7/2023, Plaintiff moved to quash Defendant Fountain of Wellbeing, Inc.'s deposition subpoena for production of business records issued to David Belasco. Factual Background This action pertains to a business dispute brought by the former CEO of a cannabis company. Discussion Plaintiff argues that Defendant's deposition subpoena must be quashed becaus...

Excerpt: ...r quod; (3) violation of the Unruh Act; (4) violation of the Ralph Act; (5) violation of the Bane Act; (6) assault; (7) negligence; and (8) intentional infliction of emotional distress. Now, Defendants move to strike portions of Plaintiff's Complaint. Legal Standard Motions to strike are used to reach defects or objections to pleadings that are not challengeable by demurrer, such as words, phrases, and prayers for damages. (See Code Civ Proc., §...

Excerpt: ...f of Graphic Research, Inc. dba Gtek/Bycan Systems filed a second amended complaint (SAC) against Prashant Vaghashia (Prashant), Graphic Research, Inc. dba Gtek/Bycan Systems (GRI), alleging: (1) involuntary dissolution; (2) breach of fiduciary duty; (3) accounting; and (4) violation of Corporations Code sections 1601 and 1602. On 2/1/2024, Prashant and Mita moved for an order enforcing the compliance of the Govind Parties with the terms of the S...

Excerpt: ...sing discrimination; (2) violation of Unruh Civil Rights Act; (3) general negligence; (4) negligent infliction of emotional distress; (5) 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. On 12/08/2023, Plaintiff moved for summary adjudi...

Excerpt: ... Act. On 11/9/2023, Plaintiff moved to compel the deposition of Defendant's PMK. Discussion Plaintiff argues that an order compelling Defendant to produce a PMK is necessary. Plaintiff argues that Defendant has failed to produce a witness to be deposed on the noticed categories, and has engaged in gamesmanship. In opposition, Defendant indicates that it agreed, and remains willing, to produce a PMQ on 9 of the 23 categories in Plaintiff's PMK dep...

Excerpt: ...the Sheriff's Department), and former Los Angeles County Sheriff Alex Villanueva (Villanu eva), in his official capacity (collectively, Defendants), alleging: (1) breach of contract; (2) services rendered/quantum meruit; (3) promissory estoppel; and (4) open book account. Now, Defendants demur to Plaintiff's Complaint. Factual Background This action arises out of fees allegedly owed to Plaintiff incurred during its representation of Villanueva in...

Excerpt: ...st Ai Ai Leung, Patrick Lau, and AP Development, LTD (collectively, Defendants), alleging: (1) housing discrimination; (2) violation of Unruh Civil Rights Act; (3) general negligence; ( 4) negligent infliction of emotional distress; (5) 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) b...

Excerpt: ... 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) reformat ion of contract. Now, Defendant moves for reconsideration of the Court's 10/18/2023 Order. Discussion Defendant seeks reconsideration of the Court's 10/18/2023 wherein the Court partially granted Plaintiff's request for an order of assignment, dire...

Excerpt: ...neral Motors, LLC (Defendant), alleging: (1) violation of Civil Code section 1793.2, subdivision (d); (2) violation of Civil Code section 1793.2, subdivision (b); (3) violation of Civil Code section 1793.2, subdivision (a)(3); (4) breach of express written warranty; (5) breach of implied warranty; and (6) fraud by omission. Now, Plaintiff moves for an award of attorney fees and costs totaling $44,995.58. Legal Standard The party claiming attorney...

Excerpt: ...it 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) toxic environmental mold tort; (11) violatio...

Excerpt: ...od Samaritan Hospital, Jonathan R. Saluta, M.D., Terrence J. Fitzgibbons, M.D., and Jigar Kadakia, M.D., alleging negligence and medical malpractice. Now, Plaintiff moves to tax costs. Discussion Plaintiff seeks to tax the following costs: - Item 8b: Expert Fees: $12,747.34 - Item 12: $1,222.20: Transcripts As to the expert fee costs, fees of experts not ordered by the court are not ordinarily recoverable as costs. (CCP § 1033.5, subd. (b)(1).) ...