Excerpt: ...ached the agreements in a series of ways, including diverting funds to other accounts. 2. Matter on Calendar Today Plaintiff moves for summary judgment on its complaint. Alternatively, as will be discussed further below, it moves for summary adjudication of unspecified issues. 3. Motion for Summary Judgment a. Burdens on Summary Judgment Summary judgment is proper “if all the papers submitted show that there is no triable issue as to any materi...

Excerpt: ...heir money in a pooled investment to obtain a higher rate of return, and actually investing no money but instead using the clients' money to pay out old clients and for personal expenses. Plaintiffs' operative complaint against Defendants is their First Amended Complaint, which they filed on 12/20/19. It includes causes of action for aiding and abetting fraud, aiding and abetting breach of fiduciary duty, violation of Penal Code §496(a), financi...

Excerpt: ...emurrer A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party's pleading. It is not the function of the demurrer to challenge the truthfulness of the complaint; and for purpose of the ruling on the demurrer, all facts pleaded in the complaint are assumed to be true, however improbable they may be. A demurrer can be used only to challen...

Excerpt: ...gangway, plank, or other safe means of access. Plaintiff, employed by Defendant, had just assisted a co-worker in lowering the Latham B into the water using a boom and hook, when he then tried to board the vessel from a dock directly onto an uneven, slippery, and sloped surface at the bow of the vessel without means of maintaining balance and stability. Plaintiff fell and sustained serious injuries. Defendant and Plaintiff met and conferred in an...

Excerpt: ...ing the motions. At the conclusion of the hearing, the Court took the matter under submission. The following day, the Court issued a final ruling granting the motions. The Court found Plaintiffs' expert doctor, a urologist, did not qualify as an expert concerning general surgery or hematology/oncology, and therefore could not raise a triable issue of material fact concerning breach of the standard of care by physicians in those practice areas. Of...

Excerpt: ...eral Act (“PAGA”) on behalf of themselves and all other similarly situated employees. 2. Matters on Calendar Today There are two motions to compel further responses on calendar today, one by Plaintiff Jose Jesus Garcia and the other by Plaintiff Juan Carlos Castillo. Each of the two motions seeks the same discovery: a further response to special interrogatory 1, which seeks to have Defendant provide contact information for each and every indi...

Excerpt: ...with Plaintiff, as well as to use techniques that were inappropriate for inexperienced students, including Plaintiff and Nadow. 2. Discovery at Issue On 3/26/20, Plaintiff propounded demands for electronically stored information on Kevin and Haley Howell. The demands seek to permit Plaintiff to conduct a First Pass Forensic Analysis on Defendants' computers, cell phones, and devices. The analysis will search for ESI pertaining to the creation of ...

Excerpt: ... proper cause per the parties' agreement, prematurely. 2. Matter on Calendar Today Defendant demurs to the third cause of action for violation of due process only. Additionally, there is a Case Management Conference on calendar. 3. Demurrer a. Standard on Demurrer A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party's pleading. It is ...

Excerpt: ...r sale. Plaintiff alleges its members include Hien Van Pham, Trung Q. Nguyen, Tung Vo, and Defendants. Defendants are husband and wife. On 7/24/19, the five members of HTD held a meeting. The non- defendant members of HTD accused Defendant, Nguyen of making unauthorized expenditures and reimbursements of Plaintiffs' funds to Defendant, Nguyen. Therefore, the non-defendant members removed Nguyen as a manager effective 8/01/19. Plaintiff alleges th...

Excerpt: ... building. Plaintiffs allege the building suffers from various habitability breaches, including cockroaches, fleas, mites, bedbugs, and other vermin, cracks and crevices, lack of appropriate screening, corroded bathrooms, water damaged kitchens, insufficient common area lighting, lack of smoke detectors/broken smoke detectors, etc. 2. Matter on Calendar Today Defendant moves for summary adjudication of two issues. Specifically, it contends it is ...

Excerpt: ...he RV was defective in numerous respects. On 4/03/19, Plaintiffs named LA Discount TV Rental as Doe 1, Stuart Silver as Doe 2, and Wendy Everett as Doe 3. On 4/17/19, Plaintiffs named Isaiah Earl Boatwright as Doe 4 and Isaiah Earl Boatwright, Jr. as Doe 5. 2. Demurrer to Original Complaint On 5/20/19, Silver filed a demurrer to the complaint. Stuart contended the entire complaint against him was vague, uncertain, and failed to state a cause of a...

Excerpt: ...ccounting;  Violation of BPC §17200, et seq.;  Wrongful Foreclosure;  Quite Title and Injunctive Relief. The crux of Plaintiffs' complaint is that Plaintiffs own a condo unit in Harbour Walk. Harbour Walk sent Plaintiffs billing notices, and Plaintiffs paid all amounts due. S.B.S. Services subsequently sent Plaintiffs a notice of default and notice of delinquent payment and demanded Plaintiffs pay the amount due, but the amount was wron...

Excerpt: ...ive, Inc., and HTL Automotive, Inc. 2. 9/15/20 Hearing on Motion to Compel The Court was originally scheduled to hear this motion on 9/15/20. Prior to the hearing, the Court issued a tentative ruling that provided, in pertinent part, as follows: On 6/12/20, Plaintiff filed this motion to compel Hooman Michael Nissani and the PMK of Defendants, HNL Automotive, Inc., R&H Automotive Group, Inc., Hooman Hyundai of Culver City, HC Automotive, and HTL ...

Excerpt: ... included a premises liability attachment to his form complaint. The crux of the complaint is not entirely clear, but appears to be that Defendants used forged documents to evict Plaintiff from his deceased wife's home. 2. Matter on Calendar Today Defendants, Eugene J. Fay and Solange Rutledge demur to the complaint. 3. Demurrer a. Standard on Demurrer A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issue...

Excerpt: ...E. Hill, M.D. Notice: OK 1. Background Facts Plaintiff, Serena Young filed this action against Defendants, Philip E. Hill, Philip E. Hill, M.D., Inc., Long Beach Advanced Orthopedic Medical Center, Inc., and Orthoworks of Southern California, LLC for breach of contract, breach of implied-in-fact contract, fraud by concealment, breach of fiduciary duty, involuntary dissolution of corporation accounting, and conspiracy. The crux of the complaint, w...

Excerpt: ...Notice: OK 1. Background Facts Plaintiffs, Kristin Hirai (individually and as successor-in-interest to Toshio Hirai), Takeo Hirai, Isao Hirai, and Brigitta Hirai filed this action against Defendants, Skating Edge Ice Arena, et al. for damages arising out of an automobile v. motorcycle accident. The accident killed Decedent, Toshio Hirai. The complaint includes causes of action for:  Premises Liability (Skating Edge and Heindl);  Dangerous C...

Excerpt: ...ong Notice: OK 1. Background Facts Plaintiff, Martina Capulong, by and through her successor in interest, Wally Capulong, filed this action against Defendants, Vermont Healthcare Center, LLC, et al. for damages arising out of elder abuse. Plaintiff's complaint includes the following substantive allegations against Defendants:  Defendants' conduct was part of a pattern and practice arising out of Defendants' failure to ensure adequate staffing;...

Excerpt: ...tious name Sunnyside Nursing Center (this defendant is referred to as “Sunnyside” hereafter);  Defendant, Quality Health Service Group provided management services for Sunnyside (this defendant is referred to as “QHSG” hereafter);  Sunnyside and QHSG received prior administrative deficiencies for failure to provide adequate care from the State of California's Department of Public Health;  Sunnyside and QHSG had financial and cont...

Excerpt: ... a minor and appearing in the action by and through his mother and GAL, Sarah; Sawyer suffered only very minor injuries as a result of the accident, and sues largely for emotional distress suffered as a result of his father's serious injuries. 2. Matters on Calendar Today There are four matters on calendar today. Primarily, there is a petition to approve the compromise between Sawyer (the minor plaintiff) and all General Motors entities, Enterpri...

Excerpt: ...onded to the complaint by demurrer; concurrently, Unite Here Local 11 filed an unopposed motion for leave to intervene in the action. On 5/07/19, the Court granted the motion for leave to intervene. On 6/27/19, the Court overruled the City's demurrer. On 8/29/19, the Court signed the parties' joint stipulation regarding summary judgment briefing schedule. Thereafter, each of the three parties to the action (Plaintiff, Defendant, and Intervener) f...

Excerpt: ...nty of Habitability. Plaintiff's complaint includes a prayer for punitive damages, which is premised on the allegations that Defendants ignored Plaintiff's written and oral requests regarding various defects on the property, violated various municipal codes, and collected rent despite failing to timely make repairs. 1. Demurrer Defendants demur to the second cause of action in the complaint, which is for negligence. Defendants, in their points an...

Excerpt: ...e. During the interview, Plaintiff indicated he was not comfortable talking about his Christian education, as it was a long time ago and he was a different person now. Defendants hired Plaintiff for the position in May of 2015. Defendant Hoang was Plaintiff's “two-step supervisor.” During Plaintiff's first few months with CSULB, Hoang routinely praised Plaintiff and his work. However, on 9/22/15, Plaintiff and Hoang rode back from a photo sho...

Excerpt: ..., ultimately convinced him to leave the treatment center and move in with her, abused drugs and alcohol herself, and engaged in egregious conduct when Plaintiff attempted to leave the relationship and Defendant's home. Plaintiff's operative complaint is his First Amended Complaint, which he filed on 12/06/19. It includes causes of action for:  General and Professional Negligence (all defendants);  IIED (all defendants);  Battery (all def...

Excerpt: ...ction with the same property. The parties' agreement obligated Hong Wash to remove all of its inventory in a manner that did not cause damage to the fixtures on the property. Hong was required, under the lease, to repair any damage caused to the fixtures. In breach of the agreement, agents and/or employees of Hong Wash damaged the utilities and failed to repair the damage. 2. Notice of Settlement with Benny Hong On 3/04/20, Plaintiff filed a Noti...

Excerpt: ...nsurance plan and then improperly refused to pay for Plaintiff's Serostim prescription. On 1/16/20, the Court sustained a demurrer to the IIED and NIED causes of action, leaving only the contract and good faith claims at issue in the lawsuit. 2. Motion to Compel Further Responses a. History of Discovery Dispute Plaintiff has admitted, during litigation, that he has other health insurance coverage (through his employer), and that the other insurer...