Excerpt: ...bdeshah, and IPN TV, 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 1...

Excerpt: ...a, M.D., Terrence J. Fitzgibbons, M.D., and Jigar Kadakia, M.D., alleging negligence and medical malpractice. Now, Plaintiff moves for leave to file an amended opposition. Discussion Plaintiff argues that he is entitled to file an amended opposition, citing the mandatory language of CCP section 437(c) and cases including Bahl v. Bank of America (2001) 89 Cal.App.4th 389, 395. For the following reasons, the Court concludes leave to amend is not wa...

Excerpt: ... liability—design defect; (4) fraudulent concealment; (5) breach of implied warranties; and (6) loss of consortium. Now, Matea Corporation (Matea) moves for a determination of good faith settlement. The motion is unopposed. Legal Standard ¿ In an action where it is alleged that two or more parties are joint tortfeasors, “a¿settling party may give notice of settlement to all parties and to the court, together with an application for determin...

Excerpt: ...iamizade. On 6/20/023, Plaintiff filed a first amended complaint (FAC) alleging: (1) professional negligence—wrongful death; and (2) fraud. Now, Defendants Steven Meier, M.D.., and Steven W. Meier M.D. d/b/a Meier Orthopedic Sports Medicine (collectively, Defendants) demur to Plaintiff's FAC. Discussion Defendants argue that Plaintiff has not alleged sufficient facts to state a claim for either cause of action. After review, the Court agrees. A...

Excerpt: .../1/2023, Plaintiff Jason Diaz (Plaintiff) filed suit against Huntington Reproductive Center Medical Group, Bradford A. Kolb, and Flor Parada, alleging: (1) fraudulent concealment; (2) violation of unfair competition law. Now, Defendants move to compel arbitration of Plaintiff's Complaint, and request a stay of this action pending completion of arbitration proceedings. Given the substantial similarities between this motion, and the motion to compe...

Excerpt: ...laintiff's Complaint. Now, Plaintiff moves for reconsideration of the Court's 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, s...

Excerpt: ...bitability; (2) tortious breach of implied warranty of habitability; (3) negligence; (4) intentional infliction of emotional distress (IIED); (5) private nuisance; and (6) violation of Business and Professions Code section 17200. Discussion Defendant moves to strike all of Plaintiff's allegations related to its claim for punitive damages. The adequacy of a claim for punitive damages is properly tested by a motion to strike. (Grieves v. Superior C...

Excerpt: ...a You, alleging: (1) failure to pay overtime compensation; (2) failure to pay wages; (3) failure to pay wages in a timely manner; (4) failure to pay meal and rest period compensation; (5) failure to furnish complaint wage statements; (6) waiting time penalties; (7) failure to produce employment file; (8) failure to produce wage records; (9) wrongful discharge in violation of public policy; (10) defamation per se; (11) retaliation; (12) hostile wo...

Excerpt: ...defamation; (2) violation of due process; (3) wrongful termination; (4) racial discrimination; and (5) failure to take all reasonable steps to prevent discrimination. Now, Defendant moves for summary judgment, or, in the alternative, summary adjudication, of Plaintiff's Complaint. The motion is unopposed. Discussion As a preliminary matter, the Court granted Defendant's special motion to strike the first cause of action. As such, the Court has al...

Excerpt: ...remed Medical Group, Inc., and Bridgetone Holdings, LLC filed suit against Koruon Daldalyan, M.D., and Del Carmen Medical Center (collectively, Defendants), 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 purch...

Excerpt: ...ence; and (3) breach of fiduciary duty. Now, Defendant PLC (Defendant) demurs to Plaintiff's Complaint. Defendant also moves to strike portions of Plaintiff's Complaint. Factual Background This action arises out of legal work performed by Defendants here on behalf of Plaintiff. Plaintiff alleges that Defendants' representation of him in the underlying lawsuit Jiae Lee v. Dong Yeoung Lee aka Damon Lee, et al. constituted legal malpractice, fell be...

Excerpt: ...ed complaint (FAC) for equitable subrogation, equitable contribution, and indemnity. On 4/1/2021, Liberty filed a cross-complaint against Lexington. On 8/16/2022, Liberty dismissed its cross-complaint. Now, Liberty moves to compel compliance with subpoenas served on the City of Long Beach and the Port of Long Beach. Discussion Liberty's motion concerns three subpoenas: - The first subpoena seeks testimony regarding: 1) the placement of the Port's...

Excerpt: ...DAYS LEAVE TO AMEND, as to all other claims. Defendant's motion to strike is GRANTED IN PART, DENIED IN PART: - Defendant's motion is GRANTED as to the allegations related to Plaintiff's status as a convicted felon, - Defendant's motion to strike is DENIED as to Plaintiff's prayer for punitive damages. On 10/20/2022, Plaintiff Rayceanne Rocha (Plaintiff) filed suit against Epidaurus d/b/a Amity Foundation (Defendant), alleging: (1) discrimination...

Excerpt: ... and (4) breach of personal guarantees. Now, Plaintiff moves for a protective order staying all post-judgment discovery. The motion is unopposed. Discussion Plaintiff seeks a protective order: (1) staying all post-judgment discovery, including all pending post-judgment written discovery and the debtor's examination currently set for 6/13/2023; (2) that said stay be imposed for 30 days pending payment by Chung of any outstanding attorney's fees an...

Excerpt: ...Family Trust dated 3/15/2018, filed suit against Macerich Holdings, LLC, Macerich Crossroads Plaza Holdings, LLC, Macerich Crossroads Plaza Holdings, LP, and the Macerich Company (collectively, Defendants), alleging: (1) breach of written contract; (2) breach of the covenant of good faith and fair dealing; (3) conspiracy to defraud; and (4) unjust enrichment. Now, Plaintiffs move for an order bifurcating trial. Separately, Defendants also move fo...

Excerpt: ...sanctioned, jointly and severally with counsel, $700.00. On 8/11/2020, Plaintiff Janet Baggett, Preston Sertich by and through his guardian ad litem Michael Sertich, Jr., Michael Sertich, Jr. and Estate of Elizabeth Baggett, by and through representatives 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) negli...

Excerpt: ...; (4) breach of fiduciary duty; (5) declaration of resulting trust; and (6) imposition of a constructive trust. Now, Defendant moves to bifurcate trial. Discussion Defendant argues that bifurcation is appropriate here such that the equitable issues are tried first to the Court in a bench trial, before any of the legal claims are tried to a jury. “It is well established that, in a case involving both legal and equitable issues, the trial court m...

Excerpt: ...ce with prospective economic advantage; and (2) negligent interference with prospective economic advantage. On 4/13/2023, default was entered against Crystal Anderson. Now, Defendant Crystal Anderson (Defendant) moves to set aside the entry of default. The motion is unopposed. Discussion Defendant argues that default should be set aside because Defendant did not receive actual notice of the proceedings. Alternatively, Defendant seeks relief on th...

Excerpt: ..., LLC, Sonic Calabasas M, Inc d/b/a Mercedes Benz of Calabasas, alleging breaches of the Song Beverly Consumer Warranty Act. Now, Plaintiff moves for attorney fees totaling $37,290.00 and costs totaling $1,506.02. Plaintiff also requests a 1.1 lodestar multiplier bringing the total amount requested to $42,525.02. Legal Standard The party claiming attorneys' fees must establish entitlement to such fees and the reasonableness of the fees claimed. (...

Excerpt: ... 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) adverse actions in violation of public policy. Now, Defendants move to compel arbitration of Plaintiff's Complaint, and request...

Excerpt: ...moves to compel arbitration of Plaintiff's Complaint. 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 controversy …unless it determines that… grounds exist for rescission of the agreement.” (Code Civ. Proc., § 1281.2.) Among the grounds which can support rescission are fraud, duress, and unconscionability. (Tiri v. Lu...

Excerpt: ...suit against Defendants W&B Automotive, Inc dba Bravo Chrysler Dodge Keep Ram of Alhambra and FCA US, LLC (collectively, Defendants), alleging: (1) breach of express warranty; (2) breach of implied warranty; and (3) negligent repair. Now, Defendant moves for a judgment on the pleadings. Discussion Defendant argues that a judgment on the pleadings is warranted because: (1) Plaintiff Shira Golfeiz Panahi does not have standing to pursue this action...

Excerpt: ...gs, LLC, alleging: (1) breach of written contract; (2) breach of covenant of good faith and fair dealing; (3) quantum meruit; (4) intentional misrepresentation; (5) negligent misrepresentation; (6) conversion; (7) misappropriation under Uniform Trade Secrets Act; (8) violation of California Labor Code section 2870-2872; (9) breach of fiduciary duty; (10) unfair competition; (11) wrongful termination; (12) negligence; (13) intentional interference...

Excerpt: ...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, Plaintiffs move to bifurcate trial in this action to try the Cross...

Excerpt: ...ing: (1) expense reimbursement; (2) commission forfeiture; (3) unpaid overtime wages; (4) unpaid wages and civil penalties; (5) waiting time penalties; (6) unfair business practices; (7) employment discrimination on the basis of disability; and (8) retaliation. Now, Defendant moves to compel Plaintiffs to individually arbitrate all of their claims against Defendant. Legal Standard Where the Court has determined that an agreement to arbitrate a co...

Excerpt: ...llectively, Plaintiffs) initiated this action. On 4/28/2020, Cross-Complainant Los Angeles Centers for Alcohol and Drug Abuse, Inc. (LA CADA) filed a cross-complaint against Katherine Sang Eun Koo and Susan Ho (collectively, Cross-Defendants). Now, Plaintiff moves for the Court to issue an order to show cause as to why nonparty witness, Jonathan Brand, should not be held in contempt of this court for the disobedience of a subpoena duly served. Th...

Excerpt: ...ction. 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 quash subpoenas served by Defendants. Discuss...

Excerpt: ...y, Plaintiffs) filed suit against Cedars-Sinai Medical Center, and California Rehabilitation Institute, LLC, alleging: (1) elder/dependent adult abuse/neglect; (2) negligence/professional negligence; and (3) loss of consortium. Now, Plaintiff David Rodriguez (Plaintiff) moves to compel further production from Defendant to his Request for Production (RFP) No. 3. Discussion Defendant argues that good cause exists to compel a response to RFP No. 3 b...

Excerpt: ...sions 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 moves for a judgment on the pleadings as to the first, second, and third causes of action. 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 in fraud (i.e., the first...

Excerpt: ...t against Full Circle Real Estate Solutions, Inc. (Full Circle), the Mum Group, Marvin U. Mangabat, and Erik Lederman. Plaintiff filed a second amended complaint (FAC), alleging: (1) intentional misrepresentation; (2) concealment; (3) negligent misrepresentation; (4) conversion; (5) rescission of contract; (6) cancellation of written instrument; (7) quiet title; (8) violation of Civil Code sections 2945, et seq.; (9) financial elder abuse; and (1...

Excerpt: ... Kahen, and Abraham Shofet, alleging: (1) declaratory relief; (2) injunctive relief; and (3) intentional interference with contractual relations. On 10/24/2022, leave to amend was granted to allow Plaintiff to add a cause of action for malicious prosecution, and to add two new defendants (the 9418 Action Plaintiffs Ben Naim and Joseph Cohen). Now, Defendants Cohen, Pourbaba, and Naim specially move to strike Plaintiff's malicious prosecution caus...

Excerpt: ...(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. On September 9, 2019, Defendant filed a XC against Plaintiff, setting forth claims for (1) fraud, (2) breach of fiduciary duty, and (3) declaratory relief. Now, Plaintiff moves for an ord...

Excerpt: .../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 contractual relations; and (4) unlawful business practices. Now, Defendant One Day moves to compel further respon...

Excerpt: ...tal declaration. On June 7, 2019, Plaintiff Jacob Reich filed a Complaint 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...

Excerpt: ...ertime compensation; (3) failure to provide meal and rest periods; (4) failure to provide itemized wage and hour statements; (5) waiting time penalties; (6) Private Attorney General Act (PAGA); (7) failure to permit inspection of personnel and payroll records; and (8) unfair competition. Now, Plaintiff and Defendant (collectively, the Parties) jointly more for an order approving the PAGA settlement. Discussion The Settlement Agreement provides fo...

Excerpt: ...t claim. On 2/22/2021, Plaintiff Jesse Janto (Plaintiff) filed suit against Los Angeles County, Los Angeles County Sheriff, and Los Angeles County Correctional Health Services, alleging: (1) general negligence; (2) intentional tort; and (3) medical negligence/malpractice. Now, Defendant County of Los Angeles (Defendant) moves for summary judgment, or in the alternative, summary adjudication of Plaintiff's Complaint. Factual Background This lawsui...

Excerpt: ...sustained, with 15 days leave to amend, as to the seventh cause of action. Defendant's motion to strike is granted. Plaintiff 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) ...

Excerpt: ... an individual and as assignee of Pieces of Eight #1, LLC, Benzion Weiss, and Channah Weiss, filed suit against SNF manager, Inc., Ira Smedra, and Jacob Wintner as Defendants, and Wire Oak SNF, LLC, Long Star SNF Holdings, LLC, Lone Star SNF Holdings II, LLC, and Lone Star SNF Holdings III, LLC, alleging: (1) fraudulent misrepresentation; (2) breach of fiduciary duty; (3) fraudulent misrepresentation; (4) breach of fiduciary duty; (5) breach of c...

Excerpt: ...ainst Good Samaritan Hospital, Jonathan R. Saluta, M.D., Terrence J. Fitzgibbons, M.D., and Jigar Kadakia, M.D., alleging negligence and medical malpractice. Now, Terrence J. Fitzgibbons, M.D (Dr. Fitzgibbons) and Jonathan R. Saluta, M.D (Dr. Saluta) separately move for summary judgment. For ease, the Court has consolidated its ruling into a single analysis. Factual Background Plaintiff, who was 23-years-old at the time, alleges failure to proper...

Excerpt: ...nity Company, alleging: (1) violation of the Consumer Legal Remedies Act; (2) violation of Business and Professions Code section 17200; (3) failure of consideration; (4) violation of the Song-Beverly Act; (5) breach of the implied warranty of merchantability; (6) breach of implied warranty of fitness; and (7) violation of Business and Professions Code section 7071.5. Now, Plaintiff moves for an order to serve the Summons and Complaint on Defendan...

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: ...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: ...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: ...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: ...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: ...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...

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 Pl...

Excerpt: ...e Services, LLC, alleging: (1) expense reimbursement; (2) commission forfeiture, (3) unpaid overtime wages; (4) unpaid wages and civil penalties; (5) waiting time penalties, (6) unfair business practices, (7) employment discrimination on the basis of disability; and (8) retaliation Now, Defendant moves to compel Plaintiffs to individually arbitrate all of their claims against Defendant. Legal Standard Where the Court has determined that an agreem...

Excerpt: ...f express warranty; and (3) fraudulent inducement—concealment On 9/22/2021 , the Court granted Defendant's motion for judgment on the pleadings, without leave to amend, as to the third cause of action. Now, Defendant moves for summary judgment of Plaintiffs Complaint The motion IS unopposed Discussion Defendant argues that Plaintiffs' claim fails because the Subject Vehicle was used, and the Song-Beverly Act does not apply to used vehicles. Her...

Excerpt: ...mplied warranty; and (3) negligent repair. Now, Plaintiff moves for an award of attorney fees totaling $89,817 _OO_ Legal Standard The party claiming attorneys' fees must establish entitlement to such fees and the reasonableness of the fees claimed. (Civic Western Corporation v. Zila Industries, Inc. (1977) 66 CalApp_3d 1 , 16 ) "Except as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys ...

Excerpt: ...discrimination and retaliation; (4) declaratory judgment; and (5) wrongful termination Now, Defendant moves to compel arbitration of Plaintiffs Complaint, and to stay these proceedings. Legal Standard Where the Court has determined that an agreement to arbitrate a controversy exists, the Coult shall order the petitioner and the respondent to arbitrate the controversy _ unless it determines that___ grounds exist for rescission of the agreement." (...

Excerpt: ...ntract; (3) conversion; and (4) fraud in the inducement. On 4/1 2021, Plaintiff filed a first amended complaint (FAXC) alleging: (1) fraud; and (2) intentional tort. Cross-Complainants move for leave to file a second amended cross-complaint (SAXC) and to continue trial. Discussion Cross-Complainants argue that a trial continuance and leave to amend is warranted because on the eve of trial XDEF produced over 370 pages of never-before-seen discover...

Excerpt: ...f S2,810.OO previously sought against Niko Home Builders in that motion. On 7/29/2021, Plaintiff Niko Home Builders, Inc (NHB) filed suit against Charles Leatherbury, an individual and co-Trustee of Leatherbury Family Trust (10/30/01), Ann L. Leatherbury, an individual and co-Trustee of Leatherbury Family Trust (10/30/01), and the Leatherbury Family Trust under Declaration of Trust Dates October 30, 2021, alleging: (1) foreclosure of mechanic's l...

Excerpt: ...l penalties based on Health and Safty Code section 42402 and South Coast AQMD Rule 1403 from Carey Hellman and the Carey Hellman 2017 Family Trust (collectively, Defendants). Now, Defendants move for a judgment on the pleadings. F actual Background This action arises out of alleged asbestos exposure at apartment 832 h S. Mansfield Avenue, located in the City of Los Angeles, California 90036 (Subject Property) owned by Defendants. Discussion Defen...

Excerpt: ...etary sanction of S2,810.OO previously sought against Niko Home Builders in that motion. On 7/29/2021, Plaintiff Niko Home Builders, Inc (NHB) filed suit against Charles Leatherbury, an individual and co-Trustee of Leatherbury Family Trust (10/30/01), Ann L. Leatherbury, an individual and co-Trustee of Leatherbury Family Trust (10/30/01), and the Leatherbury Family Trust under Declaration of Trust Dates October 30, 2021, alleging: (1) foreclosure...

Excerpt: ...moves to compel further deposition of Defendant's PMK Discussion Plaintiff argues that an order compelling further deposition of Defendant's PMK is necessary because Defendant refuses to produce a PMK witness that is competent to testify on all categories relating to the alleged electrical defects with the vehicle, and that such discovery "would provide insight into AHMC's knowledge of the defects, [and] could help Plaintiff understand the circum...

Excerpt: ...t amended complaint (F AC) alleging: (1) violation of Georgia Code section 14-11-313; (2) fraud; (3) negligent misrepresentation; (4) breach of operating agreement; (5) breach of operating agreement; (6) breach of fiduciary' duties; (7) constructive fraud; (8) unjust enrichment; (9) conversion; (10) cessation/withdrawal of memberships and management, and (11) cancellation of written instruments. Now, Defendant Brett Gagnon (Defendant) moves to qu...

Excerpt: ...nd Tally Lippman, alleging: (1) breach of warranty of habitability, (2) tortious breach of implied warranty of habitability; (3) negligence, (4) breach of contract, (5) nuisance; (6) constructive eviction; (7) violation of the Los Angeles Rent Stabilization Ordinance, (8) breach of covenant of quiet enjoyment; (9) breach of the implied covenant of good faith and fair dealing, (10) intentional infliction of emotional distress; (11) violation of th...

Excerpt: ...uccessor-in-interest Brian Matsuda and William Picknell filed suit against Pomona Vista Care Center, MJB Partners, 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, Plaintiffs move to compel further responses to move to compel further responses to t...

Excerpt: ...ould be limited to the profits actually received from Citibank. The Court also finds that the proper remedy for Plaintiffs trespass is removal of the sign. Plaintiffs motion for new trial is denied in all other respects. On March 12, 2020, Plaintiff M&H Capital, Inc. filed suit against Yi Mei Investment, LLC, Citigroup, Inc., June-Chih Jesse Liu Md, Inc, Green Grace USA, and Time Education Center, Inc. (collectively, Defendants), alleging: (1) tr...

Excerpt: ... the City of Los Angeles and Barbara Romero (collectively, Defendants) demur to Plaintiffs SAC Discussion Defendants argue that the SAC remains fatally uncertain, fails to comply with filing prerequisites, and improperly joins parties. The Court agrees. Plaintiffs' SAC runs at 775 pages long, and combines 51 causes of action asserted by thousands of plaintiffs against multiple defendants. The allegations are so sprawling and so uncertain that it ...

Excerpt: ...inst Ted Jones Ford, Inc. dba Ken Grody Ford Corporations and Ford Motor Company, alleging: (1) breach of express warranty; (3) breach of implied warranty, (3) violation of Beverly Act section 1793.2; and (4) negligent repair. Now, Ted Jones Ford, Inc. dba Ken Grody Ford (Defendant) moves for summary judgment of Plaintiff's negligent repair cause of action Discussion Defendant argues that Plaintiff cannot state a claim for negligent repair becaus...

Excerpt: ...ied School District (LAUSD), LAUSD's individual Board Members (Kelly Gonez, George Mckenna, Monica Garcia, Scott Schmerelson, Nick Melvoi, Tonya Ortiz, and Franklin and Jackie Goldberg), and Superintendent (Megan Reilly in her official capacity as Superintendent of LAUSD) (collectively, Defendants) demur to Plaintiffs SAC. Discussion Defendants argue that the same deficiencies identified in Plaintiffs previous Complaints remain, i_e_, the SAC con...

Excerpt: ...; (3) wrongful termination; (4) racial discrimination; (5) failure to take all reasonable steps to prevent discrimination; (6) intentional interference with prospective economic advantage; and (7) negligent interference with prospective economic advantage _ Now, Defendant moves to specially strike the first cause of action for defamation. Factual Background Plaintiffs first cause of action arises from a student-written article published in Defend...

Excerpt: ..._ 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) failure to produce employee file; (9) ...

Excerpt: ...LC, Caruso Management Company, Ltd., Americana Housing L_P_, Americana Homes, LLC, Americana Homes II, LLC, and the Americana at Brand, LLC (collectively, Plaintiffs), filed suit against Allied World Assurance Company (U Inc., (AWAC) Endurance American Specialty Insurance Company, Endurance Assurance Corporation, Arthur J. Gallagher & Co Insurance Brokers of California (Gallagher). On 1/10/2023, Plaintiffs filed a first amended complaint (FAC) al...

Excerpt: ...the 8 10th 11th 14th 15th 22nd, and 26th causes of action. Plaintiffs demurrer is overruled as to the 3rd Sth 7th 9th 20th, 218t and 25th causes of action. On 2/18/2022, Plaintiff Pam Krebs (Plaintiff) filed suit against Dorothy St Homeowners Association (Defendant), alleging: (1) breach of governing documents; (2) breach of fiduciary duties, (3) breach of fiduciary duties, (4) nuisance; (5) negligence; (6) trespass; (7) violation of the Davis-St...

Excerpt: ...nzoneri v. Superior Court (2010) 47 Cal.4th 1233, 1250, footnote 10. Defendants' motion to compel arbitration is GRANTED as to all causes of action but the eleventh cause of action. Defendants' motion to compel arbitration is DENIED as to the eleventh cause of action. This matter is order stayed pending the completion of arbitration proceedings. On 4/20/2022, Plaintiff S E. filed suit against University of Southem Califorma, Keck Medicine of USC,...

Excerpt: ...aware corporation, Brinker International Payroll Co. LP, a Delaware limited partnership, and Brinker Restaurant Corporation, a Virgima corporation (collectively, "Brinker") for over thirty years until her termination in July 2022. Defendant Paul Aoun ("Aoun") was Plaintiffs supervisor. Plaintiff filed this action on November 1 , 2022 against Brinker and Aoun (both of whom may be collectively referred to herein as "Defendants"), alleging causes of...

Excerpt: ...aware corporation, Brinker International Payroll Co. LP, a Delaware limited partnership, and Brinker Restaurant Corporation, a Virgima corporation (collectively, "Brinker") for over thirty years until her termination in July 2022. Defendant Paul Aoun ("Aoun") was Plaintiffs supervisor. Plaintiff filed this action on November 1 , 2022 against Brinker and Aoun (both of whom may be collectively referred to herein as "Defendants"), alleging causes of...

Excerpt: ... against J&J Snack Foods Corp. of California (Defendant), seeking civil penalties pursuant to the Private Attorney General Act (PAGA), and Labor Code section 2698, et seq. Now, Plaintiff moves for preliminary 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 Agræment) provides for: _ _a Gross Settlement Amount ("GSA") of $150,000...

Excerpt: ...er. On 7/29/2021, Plaintiff Niko Home Builders, Inc (NHB) filed suit against Charles Leatherbury, an individual and co-Trustee of Leatherbury Family Trust (10/30/01), Ann L. Leatherbury, an individual and co-Trustee of Leatherbury Family Trust (10/30/01), and the Leatherbury Family Trust under Declaration of Trust Dates October 30, 2021, alleging: (1) foreclosure of mechanic's lien; (2) breach of contract; (3) common count for work, labor, and se...

Excerpt: ... SUSTAINED, WITH 15 DAYS LEAVE TO AMEND as to the fourth cause of action. Defendant's demurrer is SUSTAINED, WITHOUT LEAVE TO AMEND as to the fourth and fifth causes of action. Defendant's motion to strike is GRANTED. 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, Deput...

Excerpt: ...nees, 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 ofu•ritten lease; (2) breach ofu•ritten lease; (3) fraud, (4) quantum meruit; (5) open book account; (6) declaratory relief; (7) declaratory relief; and (8) breach of written guarant...

Excerpt: ... 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 violation of the Califorma Family Rights Act (CFRA); and (8) wrongful termination. Now, Defendant s...

Excerpt: ... civil penalties pursuant to the Private Attorney General Act (PAGA), and Labor Code section 2698, et seq. Now, Plaintiff moves for preliminary approval of the Class Action and PAGA settlement. The motion IS unopposed Discussion The basic terms of the Class Action and PAGA Settlement Agreement and Class Action Notice (Settlement Agræment) provide for the following: (1) A non-reversionary Gross Settlement Amount of allocated to approximately 2,38...

Excerpt: ...ngeles Regional Center for the Developmentally Disabled, Inc (Defendant), alleging: (1) disability and perceived disability discrimination; (2) retaliation; (3) failure to prevent and/or investigate; (4) failure to provide accommodation; (5) failure to engage in the interactive process; (6) Pregnancy Disability Leave Act; (7) interference with and failure to provide leave (CFRA), (8) wrongftl termination; and (9) declaratory and injunctive relief...

Excerpt: ..., Defendant demurs to Plaintiffs Complaint Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action_i (Hahn v. Mirda (2007) 147 CalApp_4th 740, 747 (Hahn)) i When considering demurrers, courts read the allegations liberally and in context_i (Taylor v. City of Los Angeles Dept. of Water and Poweri(2006) 144 Cal App 4th 1216, 1228 In a demurrer proceeding, the defects must be apparent on the face of the pleadin...

Excerpt: ...erest Najila K. Brent and Najila K. Brent individually filed this action asserting 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 ac...

Excerpt: .... Now, Defendant demurs to Plaintiff's Complaint. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action.¿ (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747 (Hahn).) ¿When considering demurrers, courts read the allegations liberally and in context.¿ (Taylor v. City of Los Angeles Dept. of Water and Power¿(2006) 144 Cal.App.4th 1216, 1228.)¿ In a demurrer proceeding, the defects must be apparent on the fac...

Excerpt: ...ons payment within 15 days of entry of this order. On 11/20/2020, Plaintiff Reyna Villegas (Plaintiff) filed suit against Express Source, Inc. dba Parkers PJ Jeans dba WOW, Lookz dba Dematurelized Zone, and Juan Villalobos, alleging: (1) wrongful termination against public policy; (2) wrongful termination against implied employment agreement; (3) racial discrimination; (4) gender discrimination; (5) workplace harassment; (6) retaliation; (7) fail...