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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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...