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: ...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...