Excerpt: ...) aiding and abetting attempted extortion; (4) false light; and (5) defamation per se. Now, Defendant Childs (Defendant) moves for a judgment on the pleadings as to the three causes of action asserted against him. Discussion Defendant argues that Plaintiff cannot state a claim for the three causes of action asserted against him—IIED, attempted extortion, and aiding and abetting extortion— because Plaintiff has not alleged sufficient facts to ...

Excerpt: ...led a first amended complaint (FAC) alleging: (1) declaratory relief; (2) trespass; and (3) private nuisance. Now, Plaintiff moves to compel Defendant's compliance with the subpoena for business records served on M&G Civil Engineering & Land Surveying (M&G). Discussion Plaintiff served a subpoena for business records on M&G on October 5, 2021. M&G's deposition was conducted on May 24, 2023. M&G produced documents on June 12, 2023. (Erigero Decl. ...

Excerpt: ...Plaintiff to arbitrate her Complaint and stay the action pending the completion of arbitration proceedings. 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...

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