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; (...

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: ...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: ... 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: .../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: ...; (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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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...