Excerpt: ...RULING Defendants GC & Management, Inc., erroneously sued herein as The Standard Oil Realty, and Prime Management and Development, LLC, erroneously sued herein as The Standard Oil Investment Group's demurrer to the Complaint is OVERRULED as to the first, second, third, eighth and ninth causes of action, and SUSTAINED with leave to amend as to the fourth through seventh causes of action. The motion to strike Page 5:1‐10, ¶ 18 is GRANTED without...

Excerpt: ...operative complaint alleges selected portions of the contract. (See Marina Tenants Assn. v. Deauville Marina Development Co.(1986) 181 Cal.App.3d 122, 130; Align Technology, Inc. v. Tran (2009) 179 Cal. App. 4th 949, 955-956 n.6.) Indeed, the commercial lease was attached to the original Complaint but has been omitted from subsequent versions of the Complaint. Meet and Confer The Declaration of Samuel H. Allen reflects that Plaintiff's counsel di...

Excerpt: ... objections to evidence which the Court deems to be material to the disposition of this motion: Declaration of Rosanne Sanchez P. 3, ¶ 10, ln. 1-4: OVERRULED. Not hearsay, not being offered for truth of matter asserted, but rather whether counsel rendered legal advice; sufficient foundation; relevant. P. 3, ¶ 11, ln. 13-15: OVERRULED. Not hearsay, not being offered for truth of matter asserted, but rather whether counsel rendered legal advice; ...

Excerpt: ...tinez's motion for a protective order is CONTINUED to July 13, 2021 at 8:30 AM. The parties are ordered to meet and confer and to submit a joint separate statement addressing good cause, or the lack thereof, and the relevance versus the burden as to the depositions of Jessica Diaz, Kim Lorenzi, Raquel Soriano, Julie Werner, Jed David, Hiral Alch, Jennifer Loiselle, Yvette Brewer, Amber Richards, Jill Blitz, and Susan Knight. Joint separate statem...

Excerpt: ...es is GRANTED. DISCUSSION: Motion For Order Of Prejudgment Possession Plaintiff moves for an order of prejudgment possession and order for certification of taxes. A noticed motion for an order for prejudgment possession may be brought by the public entity at any time prior to the entry of judgment. (Code Civ. Proc., § 1255.410(a).) The Court finds that notice was properly served by personal service on the record owners of the property to be cond...

Excerpt: ...ourt finds that the terms of the settlement as set forth in the judgment have been satisfied, the Court will dismiss the action at that time. ANALYSIS Motion For Final Approval of Class Settlement “The trial court must determine whether a class action settlement is fair and reasonable, and has broad discretion to do so.” (Clark v. American Residential Services LLC (2009) 175 Cal.App.4th 785, 791.) Here, in conditionally certifying the settlem...

Excerpt: ...wer the First Amended Complaint within 10 days. ANALYSIS Demurrer Meet and Confer The Declaration of Tracy L. Anielski reflects that the meet and confer requirement set forth in CCP § 430.41 was satisfied. The Court does not consider the hearsay blog article attached as Exhibit A to the Anielski Declaration because Defendants did not request that the Court take judicial notice thereof, and also because it is not the proper subject of judicial no...

Excerpt: ...ction is OVERRULED as to Defendant Bank of Hope. The demurrer to the tenth cause of action is MOOT. Defendants are ordered to answer the remaining allegations of the Second Amended Complaint within 10 days. ANALYSIS: Demurrer Meet and Confer The Declaration of Jessie Y. Kim [1] reflects that Defendant's counsel satisfied the meet and confer requirement set forth in CCP § 430.41. Discussion Timeliness Plaintiffs argue that the demurrer is untimel...

Excerpt: ... action, Issue No. 4 re: the fourth cause of action, Issue No. 5 re: the fifth cause of action, and Issue No. 6 re: the sixth cause of action. ANALYSIS Defendant Kaiser Foundation Hospitals (“KFH”) moves for summary judgment or, in the alternative, summary adjudication. Plaintiff's Evidentiary Objections No. 1: SUSTAINED. Medical Review Officer Report is hearsay, not subject to any exception. No. 2: OVERRULED. Goes to weight of evidence. Defe...

Excerpt: ...biting use outside a given case. (Citations omitted.)” (Williams v. Superior Court (2017) 3 Cal.5th 531, 549.) Regarding motions for protective orders as to requests for production of documents, CCP § 2031.060 provides in pertinent part: (a) When an inspection, copying, testing, or sampling of documents, tangible things, places, or electronically stored information has been demanded, the party to whom the demand has been directed, and any othe...

Excerpt: ...ANTED. The Court may take judicial notice of a business' entity's corporate status as reflected in the Secretary of State's records. (Gamet v. Blanchard (2001) 91 Cal.App.4th 1276, 1286; Pedus Bldg. Servs. v. Allen (2002) 96 Cal.App.4th 152, 156 n.2.) Meet and Confer The Declaration of Bruce J. Althshuler reflects that Plaintiff's counsel did not respond to meet and confer efforts. This satisfies CCP § 430.41(a)(3)(B). Discussion 1. Fifth Cause ...

Excerpt: ...Associates, LLC moves for terminating sanctions against Plaintiff Taylor Amanda Thomas due to her misuse of the discovery process and continuing failure to abide by the Court's discovery orders. The court has the authority to impose sanctions against a party that engages in the misuse of the discovery process. (Code Civ. Proc., § 2023.030.) This includes failing to respond to an authorized method of discovery and disobeying a court order to prov...

Excerpt: ... failure to abide by the Court's discovery orders. TENTATIVE RULING Defendant The Platinum Associates, LLC's motion for terminating sanctions is GRANTED. Plaintiff Lemuel Thomas' Complaint is dismissed with prejudice as against Defendant The Platinum Associates, LLC. Defendant's request for sanctions against Defendant Lemuel Thomas is GRANTED in the reduced amount of $200. Sanctions are to be paid to Plaintiff's counsel within 20 days. Motion For...

Excerpt: ...d court costs, jointly and severally, against Plaintiffs Maria Magana, Brian Magana and John Magana, and Plaintiffs' counsel, Jessica Ponce. RULING Defendant Coleen O'Hara's motion for sanctions pursuant to CCP § 128.7 is DENIED. Plaintiffs' counter‐request for sanctions pursuant to CCP § 128.7(h) is DENIED. ANALYSIS Motion For Sanctions Request For Judicial Notice Defendant's request that the Court take judicial notice of documents filed in ...

Excerpt: ... Plaintiffs. ANALYSIS Motion For Judgment On The Pleadings Requests For Judicial Notice Defendant requests that the Court take judicial notice of the following: (1) The January 30, 2017 Office of the Assessor Memorandum regarding organizational changes and notice of promotions and transfers; (2) The March 4, 2019 letter to Scott Woods informing him that he was been reassigned from Legal Services to Ownership Services; (3) The March 4, 2019 letter...

Excerpt: ...g Saghedijian, and Defendant's counsel of record Isaac H. Braddock, Esq. and Neil C. Newson, Esq., and Neil C. Newsom & Associates, jointly and severally, in the reduced amount of $3,582.26. Sanctions are to be paid to Plaintiff's counsel within 10 days. DISCUSSION: Motion To Compel Deposition Plaintiff moves to compel the deposition of Defendant Specialty Car Craft Motorgroup, LLC's person most qualified, and for sanctions. CCP § 2025.450 provi...

Excerpt: ...E RULING Plaintiffs Pamela Carter, et al.'s motion for summary adjudication as to the seventh cause of action in the Third Amended Complaint is DENIED. Motion For Summary Adjudication Plaintiffs Pamela Carter, et al. move for summary adjudication as to the seventh cause of action for declaratory relief in the Third Amended Complaint. The interpretation of a contract is clearly a proper subject of declaratory relief. Section 1060 provides “[a]ny...

Excerpt: .../Cross-Complainant in her individual name, and Cross-Complainant added Cross-Defendant back on title. Cross-Complainant alleges that she took a loan out on the property for which she was the only responsible borrower. Later, Cross-Defendant allegedly agreed that the property only be in Cross-Complainant's name. However, after Eugene passed away Cross-Defendant claim for the first time that the property was hers. Plaintiff/Cross-Defendant Anat Kri...

Excerpt: ... Properties, LLC and Warren Properties, Inc.'s demurer to the First Amended Complaint is SUSTAINED with leave to amend as to the first cause of action. As to the second, third and sixth causes of action, the demurrer is SUSTAINED with leave to amend as to Defendants Inglewood Properties II, LLC, Warren Family Limited Partnership, and J&J Cohen Properties, LLC and OVERRULED as to Defendant Warren Properties, Inc. Defendants' motion to strike is DE...

Excerpt: ...0:9 (punitive damages) is GRANTED with leave to amend. Plaintiff is given 30 days leave to amend. DISCUSSION: Demurrer Meet and Confer The Declaration of Cameron Major reflects that Defendant's counsel satisfied the meet and confer requirement set forth in CCP § 430.41. Demurrer Discussion 1. Third Cause of Action (Fraudulent Inducement—Concealment). A. Re: Failure To Plead Fraud With Specificity. Fraud causes of action must be pled with speci...

Excerpt: ... Plaintiff's location. There has been no way for Plaintiff to receive a refund on the cancellation fee, and Plaintiff alleges that Lyft is running a scam whereby drivers use this tactic to boost their pay. Defendant Lyft, Inc. demurs to the Complaint and moves to strike portions thereof. TENTATIVE RULING Defendant Lyft, Inc.'s demurrer to the Complaint is SUSTAINED with leave to amend as to the first and third causes of action without leave to am...

Excerpt: ...efendant allegedly breached the terms of the settlement agreement. On August 6, 2020, the Court ordered the case dismissed without prejudice. Plaintiff moves for discretionary relief pursuant to CCP § 473(b) from the dismissal filed August 6, 2020, the order for attorney's fees and costs filed November 12, 2020, notice of entry of judgment filed November 13, 2020, and abstract of judgment issued December 4, 2020. TENTATIVE RULING Plaintiff Andre...

Excerpt: ... regarding approval of the proposed notice to the aggrieved employees. Proposed notice to be filed by April 26, 2021. ANALYSIS Motion To Approve PAGA Settlement The parties entered into a settlement agreement. Plaintiff seeks an order permitting settlement of this representative PAGA action. The Court continued the hearing on this matter for supplemental briefing. The State is the real party in interest as to a PAGA claim. (Tanguilig v. Bloomingd...

Excerpt: ...Natan Trust dated March 15, 2005's motion for judgment on the pleadings is DENIED as to the first cause of action and GRANTED with leave to amend as to the second cause of action. Plaintiffs are given 30 days leave to amend. Analysis Motion For Judgment On The Pleadings Meet and Confer The Declaration of Nathan Talei reflects that Defendant complied with the meet and confer requirement set forth in CCP § 439. Discussion Plaintiffs Edward Natan a...

Excerpt: ...ould develop real properties. Cross-Defendants Monrovia Villas, LLC and David Zaslow demur to the First Amended Cross- Complaint. TENTATIVE RULING Cross‐Defendants Monrovia Villas, LLC and David Zaslow's demurrer to the First Amended Cross‐Complaint is OVERRULED as to the first cause of action and SUSTAINED without leave to amend as to the third cause of action. Cross‐Defendants are ordered to answer the First Amended Cross‐Complaint with...

Excerpt: ... (“CTC”) in connection with the revocation of Jesus Cervantes' teaching credentials related to his sexual abuse of Plaintiff. TENTATIVE RULING Defendant LAUSD's notice of joinder in Plaintiff's motion to compel compliance with the subpoena on teacher credentialing is GRANTED as timely. Plaintiff Jane Doe's motion to compel compliance with subpoena issued to Commission on Teacher Credentialing is GRANTED IN PART as to the following in the CTC ...

Excerpt: ...n D. Gross filed a Cross-Complaint alleging that Plaintiffs John Miller and Chlolique Escobar-Miller failed to pay legal fees. Defendant Law Offices of Martin D. Gross, a Professional Corporation (erroneously sued and served as Martin D. Gross dba Law Offices of Martin D. Gross) for an order imposing evidentiary, issue and/or terminating sanctions against Plaintiff, a contempt finding, and the imposition of monetary sanctions. TENTATIVE RULING De...

Excerpt: ...hicle despite Plaintiff's demands for its return. Defendants City of Los Angeles and Juan Topete move for judgment on the pleadings as to the Complaint. TENTATIVE RULING Defendants City of Los Angeles and Juan Topete's motion for judgment on the pleadings is GRANTED without leave to amend as to the eighth, ninth, tenth, eleventh, and twelfth causes of action. Analysis Motion For Judgment On The Pleadings Meet and Confer The Declaration of Matthew...

Excerpt: ... seeks an award of attorney's fees in the amount of $15,750.00 and costs in the amount of $1,619.02. The Court finds to be persuasive Defendant's argument that this attorney fee motion is untimely. Plaintiffs filed a dismissal with prejudice as to the entire action on September 15, 2020, which was entered on September 17, 2020. The September 17, 2020 minute order recites that the request for dismissal electronically received on September 15, 2020...

Excerpt: ...Motor Co., Inc.'s, the demurrer to the sixth cause of action is SUSTAINED with leave to amend. The motion to strike the allegations at Page 2, lines 24-26 regarding duty to disclose is GRANTED with leave to amend. The motion to strike the prayer for punitive damages at Page 18, line 10 is GRANTED with leave to amend. The motion to strike the allegations at Page 16, lines -12, 16-18, 19-20 and Page 17, lines 1-2 is MOOT by virtue of the ruling on ...

Excerpt: ... Request For Judicial Notice Plaintiffs' request that the Court take judicial notice of the date this action was filed and the claims included in the Complaint is GRANTED per Evid. Code § 452(d)(court records). Plaintiffs' Evidentiary Objections No. 1 : OVERRULED. Goes to weight. The lack of authentication or foundation may be remedied before trial. (Sweetwater Union High School Dist. v. Gilbane Building Co. (2019) 6 Cal.5th 931, 947-49.) No. 2:...

Excerpt: ...ayer, Paragraph E, Page 20:9 (punitive damages) is GRANTED with leave to amend. Plaintiff will only be given one more opportunity to amend. Plaintiff is given 30 days leave to amend. DISCUSSION: Demurrer Meet and Confer On December 21, 2020, counsel for Defendant's counsel filed a declaration indicating that he sent a meet and confer letter to Plaintiff's counsel on December 14, 2020, but no meet and confer had occurred as of the date of the Decl...

Excerpt: ... deed in lieu of foreclosure, conveying the property back to Plaintiff. However, the property was encumbered by the PACE liens, and when Plaintiff sold the property, it had to pay the PACE debt in full through the escrow proceeds. Defendant FortiFi Financial, Inc. f/k/a Energy Efficiency Equity, Inc. demurs to the Complaint and moves to strike portions thereof. TENTATIVE RULING Defendant FortiFi Financial, Inc. f/k/a Energy Efficiency Equity, Inc...

Excerpt: ...addressing the issues indicated below, no later than March 29, 2021. ANALYSIS Motion To Approve PAGA Settlement Plaintiff seeks an order permitting settlement of this representative PAGA action seeking to recover civil penalties for wage and hour violations. The State is the real party in interest as to a PAGA claim. (Tanguilig v. Bloomingdale's, Inc. (2016) 5 Cal.App.5th 665, 680.) Pursuant to Labor Code § 2699(l)(2) & (4), on February 19, 2021...

Excerpt: ...ing (“CTC”) in connection with the revocation of Jesus Cervantes' teaching credentials related to his sexual abuse of Plaintiff. TENTATIVE RULING Defendant LAUSD's notice of joinder in Plaintiff's motion to compel compliance with the subpoena on teacher credentialing is GRANTED as timely. Plaintiff Jane Doe's motion to compel compliance with subpoena issued to Commission on Teacher Credentialing is DENIED without prejudice. ANALYSIS Notice of...

Excerpt: ...aintiff, taking pictures of her at a distance. Defendant Coldwell Banker Residential Brokerage Company demurs to the First Amended Complaint and moves to strike portions thereof. TENTATIVE RULING Defendant Coldwell Banker Residential Brokerage Company's demurrer to the First Amended Complaint is OVERRULED as to the tenth and eleventh causes of action. Defendant's motion to strike the punitive damage allegations is DENIED in its entirety as to the...

Excerpt: ...the fifth cause of action. Plaintiff is given 30 days leave to amend. ANALYSIS Demurrer Meet and Confer The Declaration of Tracy L. Anielski reflects that the meet and confer requirement set forth in CCP § 430.41 was satisfied. Discussion 1. First Cause of Action (Discrimination Based On Disability In Violation of FEHA). A. Re: Failure To Allege Five Or More Employees. Plaintiff does not allege that Defendants are “employers” within the mean...

Excerpt: ...laint. TENTATIVE RULING Defendant Wells Fargo Bank, N.A., individually, as trustee of the Marion Janet Coyle Trust U/A, and on behalf of the Marion Janet Coyle Trust U/A's demurrer to the Complaint is SUSTAINED with leave to amend as to Defendant Wells Fargo Bank, N.A as Trustee of the Marion Janet Coyle Trust only and without leave to amend as to Defendant Wells Fargo in individual capacity and as to the three individual Plaintiffs Frank McMurra...

Excerpt: ...Engineering, Bank of Hope, JC Yeh and Steven Lee demur to the First Amended Complaint and move to strike portions thereof. TENTATIVE RULING Defendants IE Storm Tech Leasing, LLC, Innerline Engineering, Bank of Hope, JC Yeh and Steven Lee's demurrer to the First Amended Complaint is SUSTAINED without leave to amend as to the second cause of action as to Yeh, SUSTAINED with leave to amend as to the third and fourth causes of action as to Storm Tech...

Excerpt: ...ion in retaliation for her complaints about being misclassified, and interference with contractual relations. Defendant Newfront Insurance Services filed a Cross-Complaint alleging that Plaintiff Paramount pressured, induced and exploited third-party insurance carriers and insurance service providers to boycott Newfront either by terminating Newfront's appointment or relationship based on falsehoods or to refuse Broker of Record letters signed by...

Excerpt: ... pending arbitration. (Code Civ. Proc., § 1281.4.) ANALYSIS Motion To Compel Arbitration and Stay Action Defendants FCA US, LLC and BPSN II LLC dba Russell Westbrook Alfa Romeo Maserati Fiat jointly move to compel arbitration and to stay this action. Under California law, arbitration agreements are valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. (Blake v. Ecker (2001) 9...

Excerpt: ...NTED with leave to amend. Plaintiff is given 30 days leave to amend. DISCUSSION: Demurrer Meet and Confer The Declaration of Roger Bracken reflects that Defendant's counsel attempted to meet and confer, but the parties were not able to schedule a telephonic meet and confer. (Bracken Decl., ¶¶ 2 -4; Exh. A.) Given that the issues presented repeatedly occur, the Court will deem the meet and confer attempt to have satisfied CCP § 430.41, and will...

Excerpt: ...o amend as to the second, third, fourth, and sixth causes of action. Defendants' motion to strike is MOOT as to ¶¶ 43, 51, 60, 78 and 79 in light of the ruling on the demurrer. The motion to strike the punitive damage allegations at ¶¶ 35 (re: age discrimination), 69 (re: Labor Code § 6310 retaliation), 87 (re: Labor Code § 233 failure to provide sick leave), 96 (re: Labor Code § 98.6 retaliation), 104 (re: wrongful termination in violatio...

Excerpt: ...e is GRANTED as to Deposition Categories 1 – 20, subject to the Court's rulings on the objections as set forth below. Plaintiff's separate statement did not address good cause for production of documents identified in the deposition notice, as required by CCP § 2025.450(b)(1). As such, no order compelling production of documents will issue, although Defendant is expected to produce responsive documents consistent with the deposition topics to ...

Excerpt: ..., the unapproved, experimental device components involved. The Kaiser Defendants allegedly chose the devices the surgeons used, instead of the surgeons. Allegedly, the approval process utilized in selecting the device at issue did not recognize it was not approved by the FDA for total hip arthroplasties, even though the Kaiser Defendants had the information and opportunity to learn this. In fact, the Kaiser Defendants allegedly knew the product e...

Excerpt: ...served as of the date of this Order. Defendant is to respond to the Second Amended Complaint within 30 days. ANALYSIS Motion For Leave To Amend First Amended Complaint Plaintiff moves for leave to amend the First Amended Complaint to attach Attachment A and Exhibits B – D referred to in the First Amended Complaint that were accidentally not attached. Plaintiff also seeks leave to add additional exhibits: Amended Notice pursuant to PAGA (Exh. E)...

Excerpt: ...icle despite Plaintiff's demands for its return. Defendants City of Los Angeles and Juan Topete move for judgment on the pleadings. TENTATIVE RULING Defendants City of Los Angeles and Juan Topete's motion for judgment on the pleadings is GRANTED without leave to amend as to the eighth, ninth, tenth, eleventh, and twelfth causes of action. Analysis Motion For Judgment On The Pleadings Meet and Confer The Declaration of Matthew W. McAleer indicates...

Excerpt: ...Campbell, Kathlyn Bonmon, Jon Rozier, Angela Luke, Deante Melancon, Ashley Melancon, Dexter Melancon, Isaiah Easley, Levi Roberson, Shateira McCoy, Marcus Mitchell, Raiyden Mitchell, Isaac Peart, O'Breasha Peart, Tamauri Peart, Tamri Peart, Terrion Peart, Brandy McClinton, Warrant Brooks, Tanya Sanders, Pamela Carter Earl Davis Emile Raby, Maria Ibanez, Gabriel Martinez, Kenneth McCrow, De'Antiera McKnight, Perla Solorzono, Shamair Williams, Shau...

Excerpt: ... would develop real properties. Cross-Defendants Monrovia Villas, LLC and David Zaslow demur to the Cross-Complaint. TENTATIVE RULING Cross‐Defendants Monrovia Villas, LLC and David Zaslow's demurrer to the Cross‐ Complaint is SUSTAINED with leave to amend as to the first and third causes of action. Cross‐Complainants are given 30 days leave to amend. ANALYSIS: Demurrer Meet and Confer The form Declaration of Joshua M. Kimura reflects that ...

Excerpt: ... HOA Funds were used to repair the damage, instead of being paid out of Ahn's own pocket. The WF HOA Board approved renovation plans of the development's common-interest areas, collecting $15,000 from each residential unit, but promised Defendant Metropolitan Architecture by Suh, Inc. (“MAS”) and Suh that MAS would be the exclusive contractors for the renovation plans, despite the CC&Rs requiring that the Board obtain at least two estimates f...