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

Excerpt: ...Plaintiff filed a form complaint against Defendants Najim, Simon, and Enterprise, asserting claims for Motor Vehicle and General Negligence. On November 30, 2018, Enterprise demurred to the complaint on ground a rental car company is not liable for the actions of its customers under federal law. II. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal. App. 4th 740, 747.) Wh...