Excerpt: ...s, alleging negligence. On 7/11/2023, Plaintiff was granted leave to amend to file a Second Amended Complaint (SAC). Now, Defendant Turner Construction Company and Silverado Contractors, Inc. (Defendants) demur to Plaintiff's negligence cause of action. Discussion Defendants argue that the new allegations against them in the SAC do not relate back to the original Complaint's allegations, and thus are barred by the applicable three- year statute o...

Excerpt: ...aintiff Applied Plant Science, Inc. filed suit against Jose L. Nazar and Land of the Free, L.P., alleging: (1) breach of contract; (2) promissory estoppel; (3) conversion; (4) failure to return security deposit in violation of Civil Code section 1950(G); and (5) unfair competition in violation of Business and Professions Code section 17200. Now, Plaintiff moves to compel Nazar and LOTR to appear for depositions, and seeks a protective order. Plai...

Excerpt: ... Plaintiff Timothy Kinman (Plaintiff) filed suit against 12 distinct Defendants alleging: (1) violation of Civil Code section 1942.4; (2) tortious breach of the warranty of habitability; (3) private nuisance; (4) business and professions Code section 17200; (5) negligence; (6) breach of the covenant of quiet enjoyment; (7) intentional infliction of emotional distress; (8) negligence per se; (9) violation of Consumer Legal Remedies Act (CLRA); (10...

Excerpt: ...izade. On 6/20/023, Plaintiff filed a third amended complaint (TAC) alleging: (1) professional negligence—wrongful death; and (2) fraud. Now, Defendant LA Peer Surgery Center (Defendant) demurs to Plaintiff's TAC. Discussion Defendant argues that Plaintiff has not alleged sufficient facts to state a claim for either cause of action. After review, the Court agrees. As for the first cause of action, Plaintiff's claim is not procedurally or substa...

Excerpt: ... mandate; (2) violation of California unfair competition law; (3) waste; and (4) private nuisance. Now, Outfront Media, LLC (Defendant) specially moves to strike Plaintiffs' second and third causes of action. 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 m...

Excerpt: ... On 8/2/2023, the Court granted CDE's motion for summary adjudication and Motion in Limine no. 1. Now, the Parkers move for reconsideration of those rulings. Discussion The Parkers argue that they are entitled to reconsideration of the Court's rulings on CDE's motion for summary adjudication and motion in limine no. 1 based on new case law concerning when the statute of limitation starts to run where there is an administrative remedy, and because...

Excerpt: ...seek civil penalties pursuant to the Private Attorney General Act (PAGA), and Labor Code section 2698, et seq. On 7/13/2023, this Court granted preliminary approval of the Class Action and PAGA settlement. Now, Plaintiffs move for final approval of the class action settlement. The motion is unopposed. Discussion The Class Action and PAGA Settlement Agreement and Class Action Notice (Settlement Agreement) provide for the following: (1) A non-rever...

Excerpt: ..., M.D., and Del Carmen Medical Center (collectively, Defendants). On 5/23/2023, Plaintiffs filed a first amended complaint (FAC), 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 purchase agreement; (7) conversi...

Excerpt: ...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 181, 186; Fox Searchli...

Excerpt: ...compel arbitration. Now, Plaintiff moves for reconsideration of that ruling based on a change in law. Discussion Plaintiff seeks reconsideration of the Court's 7/26/2022 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, subdivisio...

Excerpt: ...zar, Land of the Free, L.P., the Telco, Ring Pros , Lc, Champion Communications, Inc., Champion Communications, LTCD, Lead Capital, LLC, and 800.com, LLC, alleging: (1) specific performance of a contract; (2) declaratory relief; (3) declaratory relief; (4) declaratory relief; (5) declaratory relief; and (6) unfair business practices. Now, Defendants Lead Capital, LLC, 800.com, LLC, Joe Luis Nazar, and Land of the Free, L.P. (collectively, “Defe...

Excerpt: ... Retirement Center (Defendant), alleging: (1) dependent adult abuse/neglect; and (2) negligence. Now, Defendant moves to quash two subpoenas for Community Care Licensing Division (CCLD) records. Factual Background Plaintiff was in the care of Defendant. Plaintiff alleges that on 2/26/2022, he—who is paraplegic and could not feel the temperature of the water on his lower limbs—was scalded by hot water after he entered the bathtub. Plaintiff al...

Excerpt: ...3) failure to provide meal periods and pay period wages; (4) failure to provide rest periods and pay rest period wages; and (5) failure to furnish accurate itemized wage statements. Now, Plaintiff moves for leave to amend to file a first amended complaint (FAC). Discussion Plaintiff seeks leave to amend to add: (1) a sixth cause of action for failure to pay earned wages at termination in violation of Labor Code sections 201-203 based on Defendant...

Excerpt: ...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 action; (12) elder abuse; (13) public entity's liability; and (14) civil conspiracy t...

Excerpt: ...efendants) alleging: (1) discrimination; (2) retaliation; (3) failure to investigate and prevent violations of FEHA; and (4) Labor Code section 1102.5. Now, Defendants move to dismiss, or in the alternative, stay this action, based on forum non conveniens. Discussion Defendants argue that this case should be heard in Virginia, given that this case has only a tenuous connection to California. In support, Defendants submitted evidence that: - None ...

Excerpt: ... James Parker, Clifford 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 Parker, and Clifford E. Peter Allen (collectively, Moving Defendants) move for a stay of proceedings, pending the outcome of the ongoing parallel criminal matter. Factual Background On August 3, 2020, the Los Angele...

Excerpt: ...ies, L.P. filed suit against Manatt, Phelps & Phillips, LLP and Benjamin G. Shatz (collectively, Defendants), alleging: (1) professional negligence; (2) breach of implied contract; and (3) common counts. On 7/5/2023, Cross-Complainant Manatt, Phelps & Phillips, LLP filed a cross- complaint (XC) against Waring Plaza Properties, L.P., alleging: (1) breach of written contract; (2) open book account; and (3) quantum meruit; and (4) breach of implied-...

Excerpt: ...4 Detroit LLC, alleging: (1) tenant harassment; (2) violation of FEHA; (3) violation of the California Disabled Persons Act; (4) wrongful/retaliatory eviction; and (5) breach of contract. Now, Defendants demur to Plaintiff's Complaint. Discussion Defendant argues that Plaintiff's Complaint is uncertain and fails to allege causes of action with particularity. After review, the Court disagrees. As to the first cause of action, Plaintiff's Complaint...

Excerpt: ... 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 implied warranty of fitness for particular purpose; 5) breach of contract; and 6) violation of...

Excerpt: ...t granted Defendant's motion to compel arbitration. Now, Plaintiff moves for reconsideration of that ruling based on a change in law. Discussion Plaintiff seeks reconsideration of the Court's 6/9/2023 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. Howeve...

Excerpt: ...rranty; (3) breach of Song-Beverly Act section 1793.2; and (4) fraudulent inducement-concealment. On 6/7/2022, the Court granted Defendant's motion to compel arbitration. Now, Plaintiff moves for reconsideration of that ruling based on a change in law. Discussion Plaintiff seeks reconsideration of the Court's 6/7/2022 ruling based on the recently published decision Martha Ochoa v. Ford Motor Company (2023) Cal.Ct.App. The Court agrees reconsidera...

Excerpt: ... alleging: (1) breach of express warranty; (2) breach of implied warranty; and (3) negligent repair. Now, Plaintiff moves for attorney fees totaling $116,244.75. This is based on $77,496.50 in attorney fees, plus a 1.5 lodestar multiplier. Plaintiff also seeks costs totaling $9,047.26. Legal Standard The party claiming attorneys' fees must establish entitlement to such fees and the reasonableness of the fees claimed. (Civic Western Corporation v....

Excerpt: ...ood Medical Center, L.P., and Crystal Anderson, alleging: (1) intentional interference with prospective economic advantage; and (2) negligent interference with prospective economic advantage. Now, Crystal Anderson (Defendant) specially moves to strike Plaintiff's Complaint. The motion is unopposed. 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 part...

Excerpt: ...yn Lowd Daniels and Bleaker Daniels (collectively, the Daniels). The complaint is for 1) breach of contract; 2) common count; 3) violation of civil code § 8800; and 4) foreclosure of mechanic lien. On 11/17/2017, Cross-Complainants the Daniels filed a Cross-Complaint. On January 26, 2018, Cross-Complainants filed a First Amended Cross-Complaint against ATI, Clinton Monfort, Jehovany Berraza, TBG Construction Company (TBG), Tiara Imperial Homeown...

Excerpt: ...t 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 moves to bifurcate the damages phase from ...