Excerpt: ... Health Center's demurrer to the Second Amended Complaint is OVERRULED as to the eighth cause of action. Plaintiff is to answer the Second Amended Complaint within 10 days. ANALYSIS Demurrer Meet and Confer The Declaration of Andrew K. Whitman reflects that Defendant's counsel satisfied the meet and confer requirement set forth in CCP § 430.41. Discussion Defendant Gateways Hospital and Mental Health Center demurs to the Second Amended Complaint...

Excerpt: ...her son, co-Defendant J. Park. Defendant Hyun Myung Park demurs to the Complaint. TENTATIVE RULING Defendant Hyun Myung Park's demurrer to the first through eighth causes of action is SUSTAINED with leave to amend. Plaintiff is given 30 days' leave to amend. ANALYSIS: Demurrer Meet and Confer The form Declaration of Jamie Kim reflects that Defendant's counsel satisfied the meet and confer requirement set forth in CCP § 430.41. Discussion 1. Firs...

Excerpt: ...Defendant Adriano Lecaros' anti-SLAPP special motion to strike is GRANTED as to the first and third causes of action. Defendant may bring a noticed motion for attorney's fees and costs. ANALYSIS Anti‐SLAPP Special Motion To Strike Plaintiffs' request that the Court take judicial notice of court documents regarding the requests for temporary restraining orders is GRANTED per Evid. Code § 452(d) (court records). Discussion Defendant Adriano Leca...

Excerpt: ...nd Carmina Arreguin aka Carmina Estrada Arreguin moves to compel the deposition of Defendant's person most knowledgeable and custodian of records is GRANTED. However, no order compelling production of documents will issue. Nonetheless, Defendant is expected to cooperate with Plaintiff's deposition requests and produce responsive documents. Plaintiffs' request for sanctions against Defendant and its counsel of record, SJL Law LLP, is GRANTED in th...

Excerpt: ...mmary adjudication is GRANTED as to Issue No. 1 re: the first cause of action and Issue No. 2 re: the third cause of action. ANALYSIS Request For Judicial Notice Defendant requests that the Court take judicial notice of the following: (1) The plaintiffs' July 10, 2018, complaint filed in this action; (2) The fact that the City of The City of Los Angeles is governed by the 15-member Los Angeles City Council; (3) The fact that in August 2017, the L...

Excerpt: ...nterest and company records. Defendants also claim that Plaintiff will have forfeited his ownership interest in the LLC if he prevails in his arbitration against Defendants for unpaid wages and other employment claims related to Plaintiff's past employment with Advisors LLP. Plaintiff seeks to dissolve the LLC and brings related causes of action to ascertain the scope of investments made by the LLC, cash on hand, the overall value of Plaintiff's ...

Excerpt: ...fter discovery cut-off and before trial resumes for the sole purpose of compelling the depositions of trial witnesses that were not disclosed by Cross-Defendants through written discovery. TENTATIVE RULING Defendant/Cross‐Complainant 611 Catalina Building, LLC's motion to reopen discovery is DENIED. Plaintiffs/Cross‐Defendants' request for sanctions against Defendant/Cross‐Complainant and its counsel is GRANTED in the reduced amount of $1,8...

Excerpt: ...ntend that Defendant is stealing thousands of gallons of water a day from Plaintiffs and has seriously damaged and diminished the value of Plaintiffs' property. Defendant allegedly managed and controlled the development and construction of the lagoon and spillway from California. Defendant Johnson Q. Ong moves to quash the service of summons. TENTATIVE RULING Defendant Johnson Q. Ong's motion to quash the service of summons on Johnson Q. Ong is G...

Excerpt: ...4.) ANALYSIS Motion To Compel Arbitration and Stay Action Defendant Hyundai Motor America moves 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) 93 Cal.App.4th 728, 741 overruled on other grounds by Le Francois v. Goel (2005) 35 Cal.4 th 1094.) A party pe...

Excerpt: ... the Court whether the lodged record is to be filed unsealed, otherwise, the lodged record will be returned to Plaintiff. ANALYSIS Motion To Seal Plaintiff moves to seal the following documents filed in support of the motion for summary judgment: (1) page 3, lines 12-15, page 6, lines 16-25, page 7, lines 9-10, and page 11, line 22 through page 12, line 3 of the Memorandum of Points and Authorities; (2) ¿ 15 and the second sentence of ¿17 of th...

Excerpt: ...s such, the motion for summary judgment is GRANTED. Motion For Summary Adjudication 1. ISSUE NO. 1‐ Plaintiff Has Established a Cause of Action for Open Book. Account (p) For purposes of motions for summary judgment and summary adjudication: (1) A plaintiff or cross-complainant has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to ju...

Excerpt: ... Plaintiff/Cross‐Defendant's demurrer to the Cross‐Complaint is SUSTAINED with leave to amend as to the first, third and fourth causes of action, and OVERRULED as to the second cause of action. Cross‐Defendant's request for sanctions in the amount of $3,600 pursuant to CCP 128.7 is DENIED. Cross‐Complainant is given 30 days' leave to amend. However, Defendant Shemtoub must bring a noticed‐motion for leave to file a cross‐complaint, as...

Excerpt: ...erein as The Standard Oil Investment Group demur to the First Amended Complaint. TENTATIVE RULING Defendant Edenrock/444 Ocean, LLC's demurrer to the First Amended Complaint is OVERRULED as to the fourth through seventh causes of action, and the motion to strike is DENIED in its entirety. Defendants GC & Management, Inc., erroneously sued herein as The Standard Oil Realty, and Prime Management and Development, LLC, erroneously sued herein as The ...

Excerpt: ...Complaint. The Court continued the hearing on this motion for supplemental briefing. TENTATIVE RULING Defendant Dr. Donald Davidson's anti‐SLAPP special motion to strike is GRANTED without leave to amend as to the twelfth cause of action to the extent it is based on paragraphs 61.a, b, c, e, n, q, and paragraphs 63 t, u, v, w, z, gg, and ii The special motion to strike is DENIED as to the thirteenth cause of action in its entirety. The special ...

Excerpt: ...and the requested amount of $291.79 in costs. ANALYSIS Motion For Attorneys' Fees and Costs The parties settled this lawsuit. The Court denied Plaintiff's motion for attorney's fees and costs as untimely. Defendant now moves for attorney's fees and costs pursuant to the terms contained in section J of the Confidential Settlement Agreement entered into by Plaintiffs and BMW NA, Code and CCP § 664.6. Defendant argues that, by virtue of this Court'...

Excerpt: ..., LLC's motion to sever and bifurcate is GRANTED IN PART. The Bus. & Prof. Code § 17200 claim will be tried by the Court after the jury reaches its verdict on the other causes of action. ANALYSIS Motion To Bifurcate Plaintiff moves for an order severing/bifurcating Plaintiff's third cause of action for violation of Business & Professions Code § 17200 claim first, before the remaining causes of action are presented to a jury. The Court has the d...

Excerpt: ...efendant's motion to strike ¶ 94, Page 20 is MOOT given the ruling on the demurrer. Defendant's motion to strike Page 24, line 19, Prayer h (punitive damages) is GRANTED with leave to amend. Plaintiffs are given 30 days' leave to amend. ANALYSIS: Demurrer Meet and Confer The Declaration of Michael Chung reflects that Defendant's counsel satisfied the meet and confer requirement set forth in CCP § 430.41. Discussion 1. Third Cause of Action (Vio...

Excerpt: ...tervene. TENTATIVE RULING Prospective Intervenor Employee Justice Legal Group PC's motion for leave to intervene is GRANTED. The Proposed Complaint In Intervention is deemed to be filed and served as of the date of this order. Motion For Leave To Intervene Plaintiff's former attorneys Prospective Intervenor Employee Justice Legal Group PC move for leave to intervene to bring a motion to collect attorneys' fees and costs from Defendant based upon ...

Excerpt: ... OVERRULED as to the third and fourth causes of action. The motion to strike ¶ 40 and Prayer, ¶ 3 re: punitive damages is DENIED. Given the ruling on the demurrer, there are sufficient facts pled against moving Defendant to constitute fraud, as that terms is defined in Civil Code § 3294(c)(3). The motion to strike the attorney's fees allegations at ¶ 10 and Prayer, ¶ 5 is GRANTED without leave to amend. Defendant is ordered to answer the rem...

Excerpt: ...this action pending arbitration. 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) 93 Cal.App.4th 728, 741 overruled on other grounds by Le Francois v. Goel (2005) 35 Cal.4 th 1094.) A party petitioning to compel arbitration has the burden of establishing the existence of a valid agreement to arbitrate...

Excerpt: ...Plaintiff is given 30 days leave to amend. This will be Plaintiff's final opportunity to amend. Motion To Strike Meet and Confer The Declaration of Lauren H. Geiser reflects that Defendant's counsel satisfied the meet and confer requirement set forth in CCP § 435.5. Discussion The Court addresses the motion to strike first. Defendant moves to strike the entire Second Amended Complaint as untimely filed. The basis for this motion is that, followi...

Excerpt: ...that Plaintiff Herscu created a nuisance by interfering with development and sale of WPG's property and trespassed upon WPG's property via construction and failure to maintain vines. Defendant Dean Hallo General Contractor, Inc. filed a Cross-Complaint for indemnity against WPG. Plaintiff/Cross-Defendant Robert Herscu, as Trustee of the Herscu Administrative Trust Dated March 12, 2014 moves for an order requesting that the Los Angeles Department ...

Excerpt: ...the Prayer, Paragraph E, Page 22:15 (punitive damages) is GRANTED without leave to amend. Defendant is to answer the remaining allegations of the Second Amended Complaint within 10 days. 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. Discussion 1. Third Cause of Action (Fraudulent Inducement—Concealment). A. Re: Failure...

Excerpt: ...ved as CGI Strategies) demur to the First Amended Complaint and move to strike portions thereof. TENTATIVE RULING Defendants Los Feliz Bliss, LLC, Gidi Cohen Enterprises dba GC Enterprises (erroneously sued and served as Gidi Cohen Enterprises Inc.), Gidi Cohen, and CG Investments, LLC dba CGI Strategies In Real Estate (erroneously sued and served as CGI Strategies)'s demurrer to the First Amended Complaint is OVERRULED as to the second cause of ...

Excerpt: ...on (Failure to Pay Wages Due—Labor Dode §§ 201, 1182.12, 1194, 1194.2); Second Cause of Action (Failure To Provide Rest Breaks—Labor Code § 226.7); Third Cause of Action (Failure To Provide Itemized Wage and Hour Statements—Labor Code §§ 226 et seq.); Fourth Cause of Action (Waiting Time Penalties—Labor Code §§ 201-203); Fifth Cause of Action (Unfair Competition— Business and Professions Code §§ 17200, et seq.) Defendant Sincer...

Excerpt: ...ction is GRANTED. ANALYSIS Motion To Compel Arbitration and Stay Action Discussion Existence of Arbitration Agreement Defendants Cook Collision and Cooks Collision, Inc. move to compel arbitration and to stay the action pending completion of arbitration. California favors arbitration. (Haworth v. Superior Court (2010) 50 Cal.4 th 372, 380.) CCP §1281.2 provides: On petition of a party to an arbitration agreement alleging the existence of a writt...

Excerpt: ...iled a Cross- Complaint alleging that a third party—Cross-Defendant Meditab, an electronic medical records (“EMR”) software maker—whom Cross-Complainant Rose hired to provide administrative services, allegedly diverted Rose's patients and misappropriated his ownership and/or beneficial interest in the Plaintiff entities. Rose alleges that Cross-Defendants falsely told him that if he turned over control of his exclusive health insurance co...

Excerpt: ...strative fees and loaner fees in excess of $2,000 a month, which Plaintiff has paid out-of-pocket. Defendant Farmers Insurance Exchange (erroneously sued as Farmers Insurance) demurs to the Complaint and moves to strike portions thereof. TENTATIVE RULING Defendant Farmers Insurance Exchange's demurrer to the Complaint is SUSTAINED without leave to amend as to the first and fifth causes of action, OVERRULED as to the second cause of action, and SU...

Excerpt: ...Donovan demur to the First Amended Complaint. TENTATIVE RULING Defendants City of El Segundo and Fire Chief Chris Donovan's demurrer to the First Amended Complaint is OVERRULED in the first, third and fourth causes of action and SUSTAINED without leave to amend as to the second cause of action, Defendants City of El Segundo and Fire Chief Chris Donovan are ordered to answer the remaining allegations in the First Amended Complaint within 10 days. ...

Excerpt: ...LLC (formerly known as Miller Coors USA LLC); Cullen Jordan and Tamara Orozco demur to the First Amended Complaint and move to strike portions thereof. Specially-appearing Defendant Molson Coors Beverage Company filed a notice of joinder in the demurrer and motion to strike. TENTATIVE RULING The hearing on Defendant Molson Coors Beverage Company's motion to quash service of summons for lack of personal jurisdiction is CONTINUED to October 21, 202...

Excerpt: ...plaint. Plaintiff moves for summary adjudication as to the Third Amended Complaint TENTATIVE RULING Defendants Action Sales and Metal Company, Inc. and Bruce Falk's motion for summary adjudication as to Issue No. 1 re: the eighth cause of action, first sub‐cause of action, for PAGA penalties under Labor Code § 210 for violation of Labor Code § 204 is GRANTED. Defendants' motion for summary as to Issue No. 2 re: the eighth cause of action, sec...

Excerpt: ...dings pending the conclusion of any criminal proceedings against Duong, or the expiration of the relevant statute of limitations is DENIED. DISCUSSION: Motion To Stay Proceedings Request For Judicial Notice Defendants request that the Court take judicial notice of the following: California Bureau of Cannabis Control Search Warrant, Notice of Service, issued on May 14, 2021 by Hon. Judge Wagner of the Superior Court of California, County of Orange...

Excerpt: ...o amend as to the eighth cause of action. Defendant's motion to strike ¶ 60 is MOOT due to the ruling on the demurrer. The motion to strike the punitive damage allegations at ¶ 52 and Prayer, ¶ 5 is GRANTED with leave to amend. Plaintiff is given 30 days leave to amend. ANALYSIS Demurrer Meet and Confer The Declaration of Steven R. Yee reflects that Plaintiff's counsel did not respond to meet and confer efforts. This satisfies CCP § 430.41(a)...

Excerpt: ...ich judgment was entered, but which has not been paid. Plaintiff now brings this action against Defendant Imperial Capital for intentional interference with contractual relations. Defendant demurs to the First Amended Complaint. TENTATIVE RULING Defendant Imperial Capital, LLC's demurrer to the First Amended Complaint is OVERRULED as to the first through third causes of action. Defendant is ordered to answer the First Amended Complaint within 10 ...

Excerpt: ...uiet enjoyment of Palazzo East. Defendant Meir Gabsu moves for summary judgment. TENTATIVE RULING Defendant Meir Gabsu's motion for summary judgment is DENIED. ANALYSIS Plaintiff's Evidentiary Objections Pursuant to CCP § 437c(q), the Court only rules upon the following objections to evidence which the Court deems to be material to the disposition of this motion: Defendant's Exhibits Nos. 6 – 17, 19, 20, 22, 24, 26 – 38: OVERRULED. The lack ...

Excerpt: ...ruction and defective workmanship regarding fire damage renovation, repairs and improvement at Cross-Complainant's property. Cross-Complainant also alleges misrepresentations made during solicitation of the contract regarding the completion time and costs and permits for the work. Plaintiff/Cross-Defendant seeks leave to file a Cross-Complaint against the implicated subcontractors that performed the work at the property. TENTATIVE RULING Cross‐...

Excerpt: ...ED with leave to the seventh, sixteenth, twenty‐first, twenty‐fourth, and twenty‐seventh affirmative defenses and SUSTAINED without leave to amend as to the eighth, ninth, fifteenth, twenty‐second, and twenty‐ eighth affirmative defenses. Where granted, Defendant is given 30 days leave to amend. ANALYSIS Demurrer To Answer Meet and Confer The Declaration of John L. Schwab reflects that Plaintiff complied with the meet and confer require...

Excerpt: ...da Motor Co., Inc.'s y, the demurrer to the sixth cause of action is SUSTAINED without leave to amend. The motion to strike the allegations at Page 17, lines 23-24, Page 18, lines 13-15, Page 18, lines 16- 17, and Page 18, lines 22-23 is MOOT by virtue of the ruling on the demurrer. The motion to strike Page 2, lines 8‐9: “Defendant's and/or” is DENIED. The motion to strike Page 2, lines 25, footnote 1: “Defendant had a duty to disclose t...

Excerpt: ...at Plaintiff Herscu created a nuisance by interfering with development and sale of WPG's property and trespassed upon WPG's property via construction and failure to maintain vines. Defendant Dean Hallo General Contractor, Inc. filed a Cross-Complaint for indemnity against WPG. Plaintiff/Cross-Defendant Robert Herscu, as Trustee of the Herscu Administrative Trust Dated March 12, 2014 moves for an order requesting that the Los Angeles Department of...

Excerpt: ...iff must pay an additional $420 in filing fees (7 x $60) as this should have been brought as 8 separate motions. Plaintiff Joseph Martin Fredrics, by and through his Successor In Interest, Sheila Fredrics's motion to quash is GRANTED in its entirety. Defendants may serve revised business record subpoenas which narrow the scope of the documents requested in accordance with the foregoing discussion. Moving party did not request sanctions. ANALYSIS ...

Excerpt: ... Plaintiffs' counter‐request for sanctions is DENIED. ANALYSIS Motion For Protective Order Request For Judicial Notice Defendants request that the Court take judicial notice of the following: (1) Court's November 13, 2020 Order; (2) Complaint; (3) First Amended Complaint; (4) Plaintiffs' PAGA letter, Exh. A of Plaintiffs' Opposition to CCO's demurrer to the First Amended Complaint; (5) Exhs. 4-10, attached to CCO's demurrer of 10/12/20. Request...

Excerpt: ...uld develop real properties. Plaintiff/Cross-Defendant Monrovia Villas, LLC and Cross-Defendant David Zaslow moves for an order compelling non-party Fundrise Lending, LLC to produce materials pursuant to the deposition subpoena for business records. TENTATIVE RULING Plaintiff/Cross‐Defendant Monrovia Villas, LLC and Cross‐Defendant David Zaslow's hearing on the motion to compel compliance with the business records deposition subpoena is CONTI...

Excerpt: ...hird cause of action. Defendant is ordered to answer the First Amended Complaint within 10 days. ANALYSIS Demurrer Meet and Confer The Declaration of Bruce T. Smyth reflects that Defendant's counsel satisfied the meet and confer requirement set forth in CCP § 430.41. Discussion Defendant Murray Gardner Insurance Agency, Inc. dba BMR Insurance Agency (hereinafter, “BMR”) demurs to the First Amended Complaint on the following grounds. 1. Third...

Excerpt: ...aintiff for Defendant's management of Plaintiff's real property. Further, Defendant has opened up credit card accounts in Plaintiff's name with Plaintiff's consent for use exclusively with partnership business, but instead Defendant charged items to his personal use, but has refused to pay Plaintiff for these expenses. Defendant has also opened upon a credit account and lines of credit in Plaintiff's name without Plaintiff's authorization and mad...

Excerpt: ... Management Group, Daniel Sloan, Gonzalo Olmedo d/b/a Olmedo's Construction, Business Alliance Insurance Company move for a protective order. TENTATIVE RULING The parties are ordered to engage in further meet and confer efforts. The parties are to identify the issues to be litigated in this litigation, both by way of summary judgment and at trial, and how the discovery propounded by Plaintiffs is or is not duplicative in light of responses alread...

Excerpt: ... 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 Exclusive Insurance Services, Inc. retaliated against Newfront for hiring Cabir after she was terminated by Plaintiff by inducing carriers to breach their existing contracts with Newfront, and inducing other carriers to refuse Broker of Record let...

Excerpt: ...TIVE RULING Defendants New Line Productions, Inc., Paramount Pictures Corporation, and Warner Bros. Pictures, a Division of WB Studio Enterprise Inc.'s demurrer to the Complaint is SUSTAINED with leave to amend as to the third cause of action and OVERRULED as to the fourth cause of action. Plaintiffs are given 30 days leave to amend. ANALYSIS Demurrer Meet and Confer The Declaration of David L. Burg reflects that Defendant's counsel satisfied the...

Excerpt: ...dice. Plaintiff Sasha Yadidi's request for entry of judgment against Defendant Michael Shemtoub is DENIED without prejudice. The First Amended Complaint did not set forth the principal amount demanded. Accordingly, the Court cannot award any damages to Plaintiff. Plaintiff must either (1) seek leave to file a Second Amended Complaint which sets forth the principal amount of damages to be awarded and obtain entry of default as to the Second Amende...

Excerpt: ... of the discovery process and continuing failure to abide by the Court's discovery orders. TENTATIVE RULING Defendant The Platinum Associates, LLC's motion for terminating sanctions is GRANTED. Plaintiff Taylor Amanda Thomas' Complaint is dismissed with prejudice as against Defendant The Platinum Associates, LLC. Defendant's request for sanctions against Defendant Taylor Amanda Thomas is GRANTED in the reduced amount of $200. Sanctions are to be ...

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: ...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: ... (“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: ...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...

Excerpt: ...action and OVERRULED as to the eighth cause of action. Defendant is ordered to answer the remaining allegations of the Complaint within 10 days. ANALYSIS: Demurrer Meet and Confer The form Declaration of Robert S. Oh 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 of Action (Breach of Implied Warranty of Merchantability—Civil Code §§ 1791.1, 1794.) ...