Excerpt: ...aining causes of action. Defendant's motion to strike is GRANTED. Defendant's motion is GRANTED, WITH 10 DAYS LEAVE TO AMEND, as to the special damages claim. The motion is GRANTED, WITHOUT LEAVE TO AMEND, as to the remaining requests. On 6/1/2021, Plaintiff Eian Beron, Jr. (Plaintiff) filed suit against Gas Media Group, LLA, Keaton Keller, and Oombrella Enterprises (collectively, Defendants). On 7/18/2023, Plaintiff filed a second amended compla...

Excerpt: ...unitive damages and the conspiracy allegations. On 9/20/2022, Plaintiff Gagnon filed suit as an individual and in a directive capacity on behalf of Geminon Properties, LLC (Plaintiff) against Arsalan Hamidi (Defendant). On 6/5/2023, Plaintiff filed a first amended complaint (FAC) alleging: (1) breach of operating agreement; (2) breach of fiduciary duties; (3) constructive fraud; (4) constructive trust; (5) conversion; (6) cessation; and (7) decla...

Excerpt: ...n Sunset, Inc. and Joe's Pizza on Sunset, LLC, alleging: (1) failure to pay minimum wages and overtime wages; (2) failure to provide rest periods and meal periods; (3) failure to pay wages due at time of termination; (4) failure to pay wages due at time of termination; (4) failure to reimburse for business expenses; and (5) unfair business practices. Now, the Court considers whether or not Defendant can be compelled to participate in an ORAP pend...

Excerpt: ...V Mutual Group, Inc., and Sevan Toroussian, alleging: (1) whistleblower violations; (2) unsafe workplace violations; (3) failure to provide meal and rest periods; (4) failure to pay wages in violation of California Labor Code section 201; (5) failure to furnish compliant wage statements; (6) waiting time penalties; (7) violation of California Business and Professions Code section 17200; (8) retaliation and wrongful termination; and (9) failure to...

Excerpt: ...tes (collectively, Plaintiffs) filed suit against General Motors, LLC, alleging violations of the Song-Beverly Act. Now, Plaintiffs moves for an award of attorney fees and expenses totaling $75,696.65. This amount consists of: (1) $52,115.00 in attorneys fees; (2) $1,841.40 in costs; and (3) $3,500.00 for Plaintiffs' counsel to review Defendant's opposition, draft the reply, and attend the hearing on this motion. Legal Standard The party claiming...

Excerpt: ...gainst PIH Health Whittier Hospital (Defendant 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, alleging: (1) declaratory relief; (2) restitution/unjust enrichment; (3) mistaken receipt; and (4) violat...

Excerpt: ...a), Lexington Insurance Company, Great American Assurance company, and National Fire & Marine Insurance Company, alleging: (1) breach of contract; (2) tortious breach of contract; and (3) unfair competition. Now, Plaintiff moves for summary adjudication against Defendants Scottsdale Insurance Company (Scottsdale) and Columbia Casualty Company (Columbia) (collectively, Defendants) as to Defendant's duties under Plaintiff's first cause of action. F...

Excerpt: ...y, Plaintiffs) filed suit against David Frandzel, an individual and as trustee of the D Lifetime Heritage T Frandzel and Blum M Lifetime Heritage Trust (collectively, Defendant). On 4/14/2023, Plaintiffs filed a first amended complaint (FAC), alleging: (1) breach of implied warranty of habitability; (2) tortious breach of implied warranty of habitability; (3) negligence; (4) intentional infliction of emotional distress (IIED); (5) violation of Un...

Excerpt: ...inst NW Investment Co., Inc. (Respondent) seeking to vacate the arbitration agreement. Now, Respondent NW Investment moves to confirm the arbitration award. Petitioner moves to deny the petition to vacate. For ease, the Court has consolidated its analysis into a single ruling. 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...

Excerpt: ...ees filed suit against J&J Snack Foods Corp. of California (Defendant), seeing civil penalties pursuant to the Private Attorney General Act (PAGA), and Labor Code section 2698, et seq. Now, Plaintiff moves for final 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 Agreement) provides for: …a Gross Settlement Amount (“GSA”)...

Excerpt: ...ailure to provide medical care allegations supporting the fourth cause of action. 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, Deputy D. Auner, Deputy Hussainian, Deputy M. Salomon, and Deputy J. Stern (collectively, Defendants) . On 5/26/2023, Plaintiff filed a secon...

Excerpt: ...efendant Robert Lester (Defendant or Mr. Lester) demurs to Plaintiffs' second amended complaint (SAC). Requests for Judicial Notice The Court acknowledges the existence of the documents submitted for judicial notice, but declines to notice the truth of any of those documents. The Court's ruling did not rely on any of the documents contained within the 424-page request for judicial notice. Discussion As a preliminary matter, the Court notes that, ...

Excerpt: ...S&EE, LLC (Plaintiff) filed suit against Fastener USA Systems, Inc. (Defendant) alleging a violation of Health and Safety Code section 25249.5 et seq. Plaintiff now submits the parties' Consent Judgment to this Court for approval. Legal Standard Pursuant to Proposition 65, any business that exposes individuals to chemicals known to the State of California to cause cancer or reproductive harm must provide those individuals with a clear and reasona...

Excerpt: ...ief 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 Bus...

Excerpt: ...ngly, Defendants' motion to strike is MOOT. On 3/10/2023, Plaintiffs Marvin Pietruszka M.D., Compremed Medical Group, Inc., and Bridgetone Holdings, LLC filed suit against Koruon Daldalyan, 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 ...

Excerpt: ...mplaint (TAC) alleging: (1) breach of contract; (2) construction defects; (3) construction defects; (4) negligence; (5) negligence; (6) negligent infliction of emotional distress; and (7) negligent infliction of emotional distress. Now, Plaintiff seeks leave to amend to file a third amended complaint (TAC). Discussion On 6/30/2023, the Court sustained in part Defendant's demurrer, based on a determination that Plaintiff had improperly added cause...

Excerpt: ...d suit against 80 Defendants alleging 15 causes of action related to COVID-19 mandates. Now, Defendants California Department of Corrections and Rehabilitation, R. Franklin, J. Macomber, K. Allison, and G. Pratt (collectively, Defendants) demur to Plaintiffs' second amended complaint (SAC). Discussion Defendants argue that Plaintiff's SAC is uncertain and cannot state a claim. After review, the Court agrees for a number of reasons. First, Plainti...

Excerpt: ... LLC (collectively, Defendants), alleging: (1) failure to pay wages due; (2) failure to pay minimum wages; (3) failure to pay overtime compensation; (4) failure to provide meal and rest periods; (5) failure to provide itemized wage and hour statements; (6) waiting time penalties; and (7) unfair competition. Now, Defendants move to compel Plaintiff to submit her claims to binding arbitration and to dismiss this Complaint. Legal Standard Where the ...

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...