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).) ...

Excerpt: ...ctively, 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 Bhakdi filed a cross-complaint (XC) against Cross-Defendants Sebastian Donovan and Arconex, alleging: (1) breach ...

Excerpt: ... or UCLA), alleging: (1) discrimination; (2) harassment; (3) retaliation; (4) failure to prevent discrimination, harassment, and retaliation; (5) failure to accommodate; (6) failure to engage in interactive process; and (7) whistleblower retaliation. Now, Defendant moves to compel Plaintiff to submit to an Independent Medical Examination (IME). Legal Standard CCP section 2032.210 provides: (a) If any party desires to obtain discovery by a physica...

Excerpt: ...Family Trust filed suit against Strong Wealth Management LLC and George G. Strong III, alleging: (1) fraud; (2) breach of fiduciary duty; (3) negligence; (4) breach of contract; and (5) financial elder abuse. Now, Defendants move for new trial, and set aside the judgment. Legal Standard A verdict may be vacated and any other decision may be modified or vacated, in whole or in part, and a new or further trial granted on all or part of the issues o...

Excerpt: ...Au (Plaintiff) filed suit against Enzo Zelocchi, Kenneth Childs (Childs), and David Do, alleging: (1) intentional infliction of emotional distress; (2) attempted extortion; (3) aiding and abetting attempted extortion; (4) false light; and (5) defamation per se. Now, Enzo Zelocchi (Defendant) moves for a judgment on the pleadings. Discussion Defendant argues that Plaintiff's claims against him are not factually supported, and are merely factual co...

Excerpt: ...iability; (2) breach of the implied warranty of merchantability; (3) breach of implied warranty of fitness; (4) negligence; and (5) property damage. Now, Defendant Costco (Defendant) demurs to the fourth cause of action. Defendant also moves to strike portions of Plaintiff's Complaint. Factual Background Plaintiff's claim arises out of a refrigerator that she allegedly purchased from Costco, and which was installed by Defendant Jose, LLC. The ref...

Excerpt: ...tive, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. This is an employment action. Plaintiff Kathleen Sullivan seeks to quash or modify a subpoena issued by Defendant Los Angeles Community College District to her labor union, LA College Faculty Guild Local 1521. Code of Civil Procedure § 1987.1 authorizes courts to quash a subpoena entirely, modify it, or direct compliance with it upo...

Excerpt: ...) 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, Defendant/Cross-Complainant All In Credit Union (AICU) moves for leave to file a First Amended Cross-...

Excerpt: ...oss-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, Defendant Connie Chung (Defendant) moves for summary judgment of Plaintiff's claims against her. Discussion Defendant argues that Plaintiff cannot establish a triable issue of material fact of liability as to Defendant because she neither owed nor breached any dut...

Excerpt: ...it against Ford Motor Company and Santa Monica Ford Lincoln, alleging violations of the Song-Beverly Act and negligent repair. Now, Plaintiff moves for attorney fees totally $21,878.00 and costs totaling $1,149.19. 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 Cal.App.3d 1, 16.) “Except as attorne...

Excerpt: ...egal malpractice; (2) breach of fiduciary duty; and (3) breach of contract. Now, Defendants Elizabeth T. Pierson and Elizabeth T. Pierson dba Gillpierson, LLP (collectively, Pierson Defendants) demur to Plaintiff's Complaint. The motion is unopposed. Factual Background Plaintiff alleges that it engaged Co-Defendant Joelle M. Drucker (Ms. Drucker) on or about June 17, 2022 for representation in connection with the underlying probate proceeding sty...

Excerpt: ...t stone Dean, LLP, Gregory E. Stone, Lesllie A Blozan, Kristi W. Dean (collectively, Defendants), alleging: (1) intentional interference with contract; (2) breach of fiduciary duty; (3) fraud; and (4) conversion. Now, Defendants demur to Plaintiff's Complaint. Factual Background On 2/26/2018, Steven Mazur was injured in a car vs. bicycle accident. He retained Plaintiff, who filed suit on his behalf on March 19, 2018, and tentatively settled the c...

Excerpt: ...eles, alleging: (1) disability discrimination; (2) age discrimination; (3) religion discrimination; (4) race discrimination; (5) harassment in violation of FEHA; (6) retaliation in violation of FEHA; (7) failure to prevent; (8) failure to accommodate; and (9) failure to engage in interactive process. Now, the City of Los Angeles (Defendant or the City) demurs to Plaintiff's first, second, third, fifth, sixth, seventh, eighth, and ninth causes of ...

Excerpt: ... trustee of the Hyung Shin Na Livign Trust U/A, dated 7/14/2017 (collectively, Plaintiffs) filed suit against Glenhurt Ventures, LLC (Defendant), alleging: (1) violations of building standards for original construction pursuant to California Civil Code section 896 and 897. Now, Defendant moves to compel Plaintiffs to arbitrate its Complaint, and stay this proceeding pending the completion of arbitration. Legal Standard Where the Court has determi...

Excerpt: ...ifford 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 Parkers, and Clifford E. Peter Allen (collectively, Defendants) move to bifurcate trial. Discussion Defendants seek the bifurcation of trial into two phases: a first phase focused on general medical causation of whether exposure to ...

Excerpt: ...gment/adjudication is MOOT as to Plaintiff. On 8/23/2021, Plaintiffs Grant Grigoryan and Gorbushka, LLC (collectively, Plaintiffs) filed suit against Stewart Title of California, Inc., Grand Pacific Financing Corporation c/o Beacon Default Management, Inc., and EBR Escrow (EBR), alleging: (1) fraud; (2) conversion; and (3) identity theft. On 11/3/2023, Defendant EBR Escrow filed a motion for summary judgment. On 1/5/2024, Plaintiff dismissed the ...

Excerpt: ...ligence; (2) strict liability—warning defect; (3) strict liability—design defect; (4) fraudulent concealment; (5) breach of implied warranties; and (6) loss of consortium. Now, Plaintiff moves for a reciprocal order for the preservation of evidence. Discussion Plaintiff argues that a reciprocal order for the preservation of evidence should be entered as to all product supply records, i.e., all records regarding the sale, distribution, supply,...

Excerpt: ... California, Los Angeles (Defendant or UCLA), alleging: (1) discrimination; (2) harassment; (3) retaliation; (4) failure to prevent discrimination, harassment, and retaliation; (5) failure to accommodate; (6) failure to engage in interactive process; and (7) whistleblower retaliation. Now, Defendant moves for summary judgment or, in the alternative, summary adjudication. Factual Background Plaintiff was a career food services worker at UCLA. He a...

Excerpt: ...nd Stephanie Griffith (collectively, Plaintiffs) filed suit against Jaguar Land Rover North America, LLC (Defendant), alleging violations of the Song-Beverly Act. Now, Plaintiffs move for $87,821.25 in attorney fees and costs totaling $1,535.53. 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 Cal.App....

Excerpt: ... motion is GRANTED, WITH 10 DAYS LEAVE TO AMEND, as to the allegations concerning the 2017 Complaint. - The motion is SUSTAINED, WITHOUT LEAVE TO AMEND, as to the punitive damages prayer against the City and the first, third, fourth, sixth, seventh, ninth, and tenth cause of action against Individual Defendants. On 6/7/2023, Plaintiff Adan Iman (Plaintiff) filed suit against the Bureau of Sanitation, City of Los Angeles, Rowena Lau, Eva Sung, Lis...

Excerpt: ...t; (2) common count—quantum meruit; (3) common count—account stated; (4) common count—open book account; and (5) foreclosure of mechanic's lien. Now, Defendant Santa Cerritos, Inc. (Defendant) moves for summary judgment, or in the alternative, summary adjudication of Plaintiff's Complaint. Factual Background Plaintiff alleges that it is owed for construction work it performed as a general contractor pursuant to a written contract with Defen...

Excerpt: .... Discussion Plaintiff claims $1,841.40 in costs. Defendant contends that $681.35 of these costs should be taxed. After review, the Court disagrees. There is no dispute that Plaintiff is the prevailing party, and thus is entitled to recover costs. (Civ. Code § 1794(d).) However, Defendant objects to the following costs: (1) $150.00 for “Jury Fees.” (2) $83.70 for “Witness List; Jury Instructions.” (3) $147.65 for “Preparation for Trial...

Excerpt: ... moves for a judgment on the pleadings. Discussion Defendant argues that Plaintiff's claims should be dismissed because they are legally impermissible as a violation of the California Constitution. More specifically, Defendant argues that AB 218—which extended the statute of limitations in child sexual abuse cases and relieved such plaintiffs from the government claim requirement—is unconstitutional, because it purports to retroactively exemp...

Excerpt: ...ttorneys fees and costs related to his arbitration. Now, Petitioner moves to compel Respondent to arbitrate and pay Petitioner's reasonable attorneys fees and costs related to his arbitration. Discussion Petitioner seeks to compel Respondent to participate in arbitration, and seeks attorney fees on the basis that MediaLab did not pay arbitration fees within 30 days of receipt of the invoice and thus is in material breach of the agreement to arbit...

Excerpt: ... 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. On 9/21/2023, PIH filed a first amended cross-complaint (FXC) alleging: (1) declaratory relief; (2) restitution/unjust enrichment; (3) mistaken receipt...