Excerpt: ...or: C/A 1: Discrimination (Age) C/A 2: Retaliation C/A 3: Discrimination (Sex) C/A 4: Violation of Ed. Code, §§ 44113, 44114 On October 2, 2019, Defendant filed this demurrer. On October 29, 2019, Plaintiff filed a Second Amended Complaint, which the court subsequently struck on November 6, 2019. On November 8, 2019, Plaintiff filed an opposition. Per the opposition, Plaintiff stipulates to striking the fourth cause of action's reference to Edu...

Excerpt: ...mination claims. Summary of Case Plaintiff Kearran Hayes is a member of multiple protected classes under FEHA—she is an African American female over the age of 40. Plaintiff has been employed by the City of Beverly Hills since January 2002. From 2011 until July 2017, Plaintiff was employed as a Parking Enforcement Supervisor. In 2016, the Parking Enforcement Division was moved from the City's Department of Public Works to the Traffic Division o...

Excerpt: ...LC, The Wonderful Company LLC, and Matthew Bohnert for: C/A 1: Against Suterra and TWC for Discrimination (Gender) C/A 2: Against all Defendants for Harassment (Gender) C/A 3: Against Suterra and TWC for Retaliation (Gender) C/A 4: Against Suterra and TWC for Discrimination (Disability) C/A 5: Against Suterra and TWC for Retaliation (Disability) C/A 6: Against all Defendants for Harassment (Disability) C/A 7: Against Suterra and TWC for Failure t...

Excerpt: ...ed as Brentwood Skilled Nursing Owned by Meridian Management) for claims arising out of the care and treatment rendered to decedent Richard H. Shepard (Plaintiff's father). The original complaint appears to allege claims for Professional Negligence and Anti-Trust. On February 15, 2019, the court granted Brentwood's motion to quash Plaintiff's summons and complaint. On April 18, 2019, Plaintiff filed a Second Amended Complaint against Brentwood, a...

Excerpt: ...is a partner at HW. In late January 2019, Defendants hired Plaintiff for an accountant position. Being aware of prejudice, Plaintiff did not tell HW that he was gay or HIV positive during the pre-hiring process or the first weeks of his employment. In March 2019, at height of tax season, Plaintiff worked late at night and put in between approximately 60-80 hours a week. During this time period, Plaintiff's friends insisted that he join them at a ...

Excerpt: ...ing Facts On February 12, 2012, Plaintiff was injured in an automobile accident while operating a bicycle. Per a letter dated June 13, 2014, Plaintiff's insurer, 21st Century, offered to compensate Plaintiff with a $50,000 liability insurance payment. This letter provides: “Based on the information presented, I have evaluated your claim at $50,000.00 (Fifty Thousand Dollars) and am prepared to resolve your Injury claim for this amount, inclusiv...

Excerpt: ...On December 31, 2018, Yin Yen filed this lawsuit against the following Defendants: Auto Palace LLC Robert Wolfenden (Wampanoag) Wampanoag Inc. Janet Wolfenden (Wampanoag) Flying Colors Group LP Nora McFadden (Auto Palace & Flying Colors) The complaint alleges Defendants utilized illegal employment practices that occurred when Plaintiff worked for Defendants from 2011 until September 2018. Plai...

Excerpt: ...gnity Health dba California Hospital Medical Center  California Neonatology Services Medical Group  Clinica de Los Angeles Medical Group Inc.  Grand Medical Associates  Scott A. Beasley, M.D., Inc. (formerly dba California Neonatology Services Medical Group)  Michelle D. Henry, M.D.  Keith A. Kolber, M.D.  Roy Silver, M.D.  David N. Steinberg, M.D.  Dr. Thomas J. Cachur, D.O. On April 9, 2010, Plaintiff was born at Dign...

Excerpt: ...reement. On June 15, 2016, Plaintiff and Defendant executed a consignment agreement, wherein the absolute title to all products shipped by Plaintiff to O My Sole would remain in Plaintiff until such product(s) were sold by O My Sole. Shortly after, Plaintiff commenced shipping goods to O My Sole and continued to do so until the third week of May 2018. At the end of May 2018, O My Sole breached the agreement by: (1) failing to make payments due to...

Excerpt: ...iff intends to file a surreply, such surreply must be filed and served within 5 court days of the continued hearing date. Summary of Case This is an employment law case. Plaintiff Bertha Gutierrez sues Mojave Foods Corporation, Alpha Staffing Services Inc., and Personnel Staffing Group LLC for claims arising out of her former employment. In 2007, Plaintiff began working for Defendants as a “packer” and “catcher” at the Mojave factory in C...

Excerpt: ...with a list of recalls applicable to Plaintiffs' vehicle so that Plaintiff can select the recalls they seek documents regarding. Plaintiffs' request for sanctions is DENIED. Summary of Case Plaintiffs Max Duran Sr. and Katherine Duran sue Defendant General Motors LLC for claims arising from their July 29, 2012 purchase of a new 2012 Chevrolet Cruz: C/A 1: Breach of Implied Warranty C/A 2: Violation of the Song-Beverly Act Section 1793.2 On July 9...

Excerpt: ...s motion to strike $4,672.68 in service of process fees is GRANTED. Expert Fees Defendant's motion to strike the $19,256.21 in expert witness fees is DENIED. “Other Costs” Defendant's motion to strike $247.31 in parking and mileage is GRANTED. Defendant's motion to strike $4,899.83 in hotel expenses is GRANTED. Defendant's motion to strike $127 for “staff overflow” is GRANTED. Defendant's motion to strike $302.70 for messenger fees is DEN...

Excerpt: ...rsola and Cynthia Mersola for residential lease of a rental unit located at the apartment complex commonly referred to as 7651 Vineland Avenue, Sun Valley, California 91352.. On March 11, 2019, Plaintiffs filed this action. On May 1, 2019, Plaintiffs filed a First Amended Complaint alleging: C/A 1: Breach of Warranty of Habitability C/A 2: Breach of the Covenant of Quiet Enjoyment C/A 3: Civil Code § 3479 (Nuisance) C/A 4: NIED C/A 5: Civil Code...

Excerpt: ...andy Manufacturing, LLC produces high quality hinges for the aircraft industry. Plaintiff employs 75 people and operates its business from three adjacent locations: 3400- 3420 N. San Fernando, Road (“San Fernando Property”), 3033 N. Avon St., and 3086 N. Avon Street (“Avon Property) (collectively referred to "Premises"), per to three separate leases set to expire on July 31, 2019. Defendants own the Premises. Specifically, Defendant Chao LL...

Excerpt: ... October 16, 2019. USC must produce Kyle Fujimoto on October 22, 2019 at 9:00 a.m. Requests for sanctions are DENIED. Summary of Case Plaintiff Ernest J. Franceschi, Jr. sues Defendant the University of Southern California for breaching its oral agreement that gave Plaintiff an irrevocable license and right to continue to renew USC football season tickets, commencing in 1986, as long as Plaintiff renewed every year and USC continued to play footb...

Excerpt: ...iff Maria Luz Alamares purchased a new 2016 Chevrolet Cruz. On February 5, 2019, Plaintiff filed this action against General Motors LLC for: C/A 1: Breach of Implied Warranty C/A 2: Breach of Express Warranty On September 9, 2019, Plaintiff filed this motion. On September 18, 2019, GM filed an opposition. On September 24, 2019, Plaintiff filed a reply. Summary of Issues Plaintiff moves to compel GM to produce a PMQ to appear for deposition and fo...

Excerpt: ...Defendant demurs to the two causes of action of the First Amended Complaint on the grounds that they fail to state facts sufficient to constitute a cause of action. DISCUSSION Defendant demurs to both causes of action on the grounds that the one year statute of limitations under CCP § 340.5 has expired. CCP § 340.5 provides that “[i]n an action for injury or death against a health care provider based upon such person's alleged professional ne...

Excerpt: ...h orthopedic surgeon, Robert C. Klapper, M.D., located at <00240003001c0013001300 17001b0011> Under CCP § 2032.220(a), “[i]n any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satisfied: (1) The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive. (2) The examinati...

Excerpt: ...oseph J. Roco, D.O. (“defendant”) requests that the court enter summary judgment in his favor and against plaintiff pursuant to CCP § 437c on the ground that defendant's medical care and treatment of plaintiff complied with the standard of care. The elements of medical malpractice are: “(1) the duty of the professional to use such skill, prudence, and diligence as other members of his profession commonly possess and exercise; (2) a breach ...

Excerpt: ...800 51004700440051005700560011[ Defendants request that the court set aside the default entered on June 25, 2018 and argues that they no longer occupied the address on the proof of service, thus substitute service was defective. Under CCP § 473(d), the court may set aside any void judgment or order upon motion of either party. The court does not acquire jurisdiction over a party unless the statutory requirements for service of summons are met. (...

Excerpt: ...Plaintiff when attacked by a student to whom Plaintiff had been assigned. Defendant, Plaintiff's employer, allegedly knew of the child's violent propensities, but failed to warn Plaintiff thereof. The First Amended Complaint (“FAC”) alleges two causes of action: (1) negligence, and (2) intentional infliction of emotional distress. REQUEST FOR RELIEF Defendant demurs to both causes of action the FAC on the grounds that plaintiff has failed to ...

Excerpt: ...dard in approving attorney's fees in a minor's compromise petition. (Cal. Rules of Court, rule 7.955(a).) Generally, 25% in attorney's fees for a minor's compromise petition is more than reasonable, unless a higher award can be justified. Counsel attempts to justify the higher award based on their office's experience and reputation, time and effort spent, preclusion of other employment, the risk involved, their typical contingency fee of 45%, and...

Excerpt: ...claratory relief. On April 23, 2018, plaintiff filed amendments designating RCS Construction as Doe 1, Larry J. Rodarte as Doe 2, Kristta L. George as Doe 3, Restaurant Construction Specialty, Inc. as <005800460057004c005200 00440056000300270052[e 6. On June 1, 2018, the persons named in Does 1 to 4 filed a cross-complaint against M.G.B. Construction, Inc. On November 9, 2018, the court granted defendants RCS Construction, Larry J. Rodarte, Krist...

Excerpt: ...ld be dislodged, knocked over or blown loose by the wind in and around their yard and loading dock. Plaintiff was struck by such an object and suffered catastrophic injuries. On May 25, 2017, plaintiff filed an amendment to the complaint designating CG Roxane, LLC as Doe 1. On December 14, 2018, plaintiff filed a first amended complaint. Trial is set for May 18, 2019. Defendant CG Roxane, LLC (“defendant”) moves the court to enforce a settlem...

Excerpt: ... over, and plaintiff sustained severe and permanent injuries to his legs. (Complaint, ¶ GN-1.) On December 14, 2017, defendant filed a cross-complaint against cross-defendant Gilbert Michael Burciaga (“Burciaga”) for equitable indemnity and declaratory relief. Plaintiff's evidentiary objections are OVERRULED. Plaintiff's request for judicial notice is GRANTED. (Evid. Code § 452.) Defendant requests that the court enter summary judgment, or ...

Excerpt: ...9. Defendant requests that the court quash plaintiffs' subpoenas for appearance and production of records to Mark De La Torre (“Torre”) and Anthony Castillo (“Castillo”). Torre and Castillo are employees of Mercury Insurance Company. Defendant objects to the subpoena on the ground that (1) the subpoena was not personally served as required by CCP § 1987, (2) there was no notice to consumer as required by CCP § 1985.3, (3) the subpoena o...

Excerpt: ...nce, strict liability, breach of warranty, and premises liability. The complaint alleges that on March 9, 2014, a heavy piece of metal broke off and/or was ejected from the rollercoaster ride called “Revolution” and was propelled toward plaintiffs. Plaintiffs were impacted by the metal piece and/or by pieces of one or more of the trees the metal piece landed on. Trial is set for July 19, 2019. Plaintiff Skylar Murphy, by and through her Guard...

Excerpt: ...l incident that occurred on June 12, 2015. Trial is set for April 2, 2019. Defendants request an order compelling Robins Cloud LLP (“Robins”) to produce documents in response to a subpoena issued on September 27, 2018. To require the production of any document or tangible thing for inspection and copying of a non-party deponent, the party seeking discovery must serve on that deponent a deposition subpoena, pursuant. (CCP §§ 2020.010(b), 202...

Excerpt: ...covery. CCP § 2024.050 states: “(a) On motion of any party, the court may grant leave to reopen discovery after a new trial date has been set. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. (b) In exercising its discretion to grant or deny this motion, the court shall take into consideration any matter relevant to the leave requested, including, but not limited to, the following: (1) The necessity and...

Excerpt: ...Defendant Hunter Wayne Lassos (“defendant”) moves to stay the instant civil proceedings until the resolution of defendant's related criminal proceeding, or in the alternative, to stay the discovery process as to defendant. “The Fifth Amendment of the United States Constitution includes a provision that ‘[no] person . . . shall be compelled in any criminal case to be a witness against himself, . . .' Although the specific reference is to c...

Excerpt: ...July 16, 2018, plaintiff filed a first amended complaint. On November 5, 2018, the court granted plaintiff's motion to strike, but gave plaintiff leave to file an amended complaint alleging a valid basis for punitive damages. On November 30, 2018, plaintiff filed a second amended complaint (“SAC”). Trial is set for September 9, 2019. Defendants move to strike punitive damages from the SAC. The court notes that counsel's declaration satisfies ...

Excerpt: ...ff filed a request for entry of default on November 14, 2018. Pursuant to CCP § 387(d)(1) or, in the alternative, 387(d)(2), Global Hawk Insurance Company (“Global”) requests leave to file an answer in intervention on behalf of its insured Poseidon Trucking Corp. (erroneously sued as Poseidon Trucking Corporation) (“Poseidon”). CCP § 387(d) states: “(1) The court shall, upon timely application, permit a nonparty to intervene in the ac...

Excerpt: ...Jinsung Moon (collectively “defendants”) move the court to enforce an oral settlement agreement between him and plaintiffs. CCP § 664.6 states: “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties,...

Excerpt: ...on the grounds that the current court is not proper, and the proper venue is Ventura County, California. Plaintiff's request for judicial notice is GRANTED. (Evid. Code § 452.) Plaintiff's evidentiary objection is SUSTAINED. “Venue, the county in which an action takes place, is statutorily governed by the type or form of the particular action. [Citation omitted.] ‘Venue is determined based on the complaint on file at the time the motion to c...

Excerpt: ...fendants on July 10, 2017; and a First-Amended Complaint on July 3, 2018. On August 28, 2018, Plaintiffs filed the operative Second-Amended Complaint (“SAC”) alleging Motor Vehicle Negligence as well a claim for Negligent Supervision and Hiring against Defendant Peco Foods, Inc. (“Peco.”) On December 6, 2018, Peco filed the instant Demurrer to the second cause of action on grounds that Plaintiff fails to plead facts to state a claim for N...

Excerpt: ...ral negligence. Defendant moves the court for an order requiring non-party witness Kenneth Bradley, M.D. to show cause why he should not be held in contempt of a Court Order to appear as a witness for a deposition pursuant to a duly served deposition subpoena. Additionally, defendant requests monetary sanctions for attorney fees and costs. Under CCP §1992, “[a] person failing to appear pursuant to subpoena or a court order also forfeits to the...

Excerpt: ...ruary 25, 2019. Defendant Jesus Gaytan (“defendant”) requests that the court impose a terminating sanction against plaintiff for plaintiff's failure to appear at three noticed depositions. If a party fails to comply with a court order compelling discovery responses or attendance at a deposition, the court may impose monetary, issue, evidence, or terminating sanctions. (CCP § 2025.450(h) [depositions]; § 2030.290(c) [interrogatories]; § 203...

Excerpt: ...g, supervision, and retention based on an incident that occurred on July 5, 2017. Trial is set for February 25, 2019. Defendants request that the court compel plaintiff to submit to a neurological examination before Jeffrey Allen Bounds, M.D., J.D., F.A.A.N. California Rules of Court, Rule 3.1345(a) requires a separate statement for motion for medical examination over objection. Plaintiff objected to defendant's demand for the examination. Defend...

Excerpt: ...dent that occurred on June 29, 2014. Defendant requests that the court compel plaintiff to serve verified responses without objections to defendant's third set of special interrogatories and demand for production of documents and things served on May 3, 2018. Responses were due by June 7, 2018. As of filing this motion, defendant has not received responses. The court finds that defendant properly served discovery requests and plaintiff failed to ...

Excerpt: ...tiffs. On May 17, 2018, BB Law Group filed an Association of Counsel for Plaintiffs. Defendant contends it has been attempting to depose Plaintiff for nine months. (Declaration of Glen H. Mertens, ¶ 3.) On November 29, 2018, the parties submitted a stipulation and proposed order that Plaintiff appear for deposition on December 12, 2018. (Mertens Decl., ¶ 7.) On December 11, 2018, BB Law Group advised defense counsel that due to a conflict of in...

Excerpt: ...d Defendant's vehicles in Los Angeles in December of 2015. Plaintiff attempted to personally serve Defendant with the Summons and Complaint at the address provided to Plaintiff at the time of the collision but was unsuccessful. Such service was attempted on seventeen separate occasions, but the process server could never gain access to the apartment in question and/or nobody answered the door. (Mot. for Ord. for Pub. Of Summons, Ex. A.) Service b...

Excerpt: ... negligence. Trial is set for March 26, 2019. Legal Standard The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4 th 826, 843.) “Code of Civil Procedure section 437c, subdivision (c), requ...

Excerpt: ...aintiff was walking on a sidewalk in front of 4703 McNab Avenue. (Undisputed Material Fact “UMF” Nos. 1, 2.) Plaintiff hit her right toe on a portion of uplifted sidewalk and fell. (UMF No. 1.) The sidewalk surface was dry, and there was no foreign debris on the sidewalk. (UMF No. 7.) The City moves for summary judgment on the ground the alleged defect is not a dangerous condition. II. LEGAL STANDARDS In reviewing a motion for summary judgmen...

Excerpt: ...e severely intoxicated so as to cause their vehicle to collide with the vehicle operated by Steven Duc Van, resulting in fatal injury to Steven Duc Van. On August 31, 2017, the court dismissed the case after finding there were no appearances at the trial. On May 15, 2018, the court granted Plaintiff's motion to set aside dismissal. On October 4, 2018, the court denied Defendant Lee's motion to quash service of process. On October 9, 2018, Defenda...

Excerpt: ...n November 28, 2018, St. Francis Medical Center filed a Notice of Bankruptcy Stay. On June 13, 2018, Defendant served Set One of Special Interrogatories and Request for Production of Documents on Plaintiff. (Declaration of Bryan C. Misshore, ¶ 4.) On July 27, 2018, Defendant granted an extension to August 16, 2018. (Misshore Decl., ¶ 6.) On November 6, 2018, Defendant sent a letter to Plaintiff seeking responses. (Misshore Decl., ¶ 8.) To date...

Excerpt: ...ories, and Demand for Production of Documents on Plaintiff. (Declaration of Allyson M. Welden, ¶¶ 2-5.) Defense counsel granted an extension to June 29, 2018. (Weldon Decl., ¶ 6.) On October 1, 2018, Plaintiff's counsel requested another extension while he attempted to locate Plaintiff, with whom he had lost contact. (Weldon Decl., ¶ 7.) Defendant moves to dismiss this action based on Plaintiff's apparent abandonment of this action and failur...

Excerpt: ...iff's healthcare providers. (Declaration of Kaitlyn J. Diamond, ¶ 5.) Plaintiff's counsel complained the subpoenas were overbroad and suggested they be limited to the past ten years and the parts of the body at issue. (Diamond Decl., ¶ 6.) Defense counsel agreed to limit the subpoenas to the past five years and to exclude all mental and psychological records. However, defense counsel would not limit the medical subpoenas to the body parts at is...

Excerpt: ... for (1) negligence, (2) negligent entrustment, and (3) negligence per se, based on a motorcycle accident that occurred on January 5, 2016, which caused the death of Andres Angon Chavez. On November 3, 2017, plaintiffs filed a peremptory challenge to Department 98, where the case was originally assigned. On November 16, 2017, the case was assigned to Department 93. Thereafter, Department 93 of the Stanley Mosk courthouse became Department 4 of th...

Excerpt: ...ert Hastings, and Zachary Hastings (“the Hastings Defendants”) for an August 19, 2016 automobile accident in San Bernardino, California. Briones-Cummings filed this Motion to transfer venue to San Bernardino County and to sever the slip and fall claims from the automobile accident claims. Bubba Gump filed a joinder to the motion to sever. Venue Bubba Gump resides in Los Angeles County and Briones-Cummings resides in Los Angeles County. (Compl...

Excerpt: ...s discretion and after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading, including adding or striking out the name of any party, or correcting a mistake in the name of a party, or a mistake in any other <000c000b0014000c001100 00030047004c00560046[retion should be exercised liberally in favor of amendments, for judicial policy favors resolution of all disputed matters in the same lawsuit.” (Kittred...