Excerpt: ...d Wendy L. O'Rourke Service = ? – motion hearing set by court on September 9, 2019 On September 9, 2019, Defendants Nayyer Z. Ali, M.D. and Nayyer Ali, M.D., Inc. filed an ex parte application for an order regarding the designation of their expert cardiologist, C. Alan Brown, M.D. Defendants requested the court grant the ex parte application and issue an order that Dr. Brown is a properly designated witness who can testify at trial on the issue...

Excerpt: ... is inclined to permit its filing, with the exception that the first cause of action for attorney-client conspiracy be struck. INTRODUCTION This action arises out an agreement to purchase NK Financing Corporation. Plaintiff Mohammad Nasri sold NK to Defendants Juan Lopez, Direct Automotive Corporation, and Car Credit Auto Sales Coporation. The complaint, filed on March 11, 2019, asserts causes of action for: (1) BREACH OF WRITTEN CONTRACT (2) BRE...

Excerpt: ...t, false, or improper matter inserted in any pleading. (Code Civ. Proc., § 436(a).) The court may also strike all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (Id., § 436(b).) The grounds for a motion to strike are that the pleading has irrelevant, false or improper matter, or has not been drawn or filed in conformity with laws. (Id. § 436.) The grounds for mo...

Excerpt: ...her special interrogatories that is scheduled for a hearing on September 24, 2019.) Plaintiff also moves for an order to deem the matters admitted in Plaintiff's Request for Admissions, Set One. Plaintiff seeks monetary sanctions in the amount of $2,160 for each motion. Plaintiff served these sets of discovery via mail on July 11, 2019. Plaintiff via a meet and confer letter unilaterally extended the time for Defendant to provide the subject disc...

Excerpt: ...18. Negligent Hiring 19. Misappropriation of Likeness 20. IIED AND NIED 21. “Oppression” 22. Civil Rico On June 13, 2019 the court sustained a demurrer by Defendant Carolyn Olson, an employee of Pacific Coast University (“PCU”) to the entire complaint with leave to amend certain causes of action and without leave to amend as to others. On June 25, 2019 the court sustained the demurrers of other PCU employees mostly without leave to amend,...

Excerpt: ...2) Negligence. On June 20, 2019, defendant Visal NGA, D.O., filed an answer to plaintiff's Complaint. The defendant filed a motion for summary judgment to argue that the Plaintiff's Complaint is barred by the affirmative defense of the statute of limitations and that the Plaintiff cannot establish that his treatment was below the standard of care or that it caused the Plaintiff's claimed injuries. Under CCP section 340.5, the plaintiff had one ye...

Excerpt: ...19, Plaintiff filed a first amended complaint against Defendants, asserting causes of action for physical disability discrimination in violation of the FEHA, failure to accommodate disability in violation of the FEHA, failure to engage in a good faith interactive process in violation of the FEHA, retaliation in violation of the FEHA, failure to prevent retaliation from occurring in violation of the FEHA, wrongful termination in violation of publi...

Excerpt: ...AC”) asserting seven causes of action for: (1) Violation of Education Code sections 44112-44113; (2) Violation of Labor Code section 1102.5; (3) Violation of Government Code section 12940(h); (4) Violation of Government Code section 12940(j); (5) Constructive Discharge; (6) Intentional Infliction of Emotional Distress; and (7) Negligent Infliction of Emotional Distress. Defendant LAUSD now seeks an order awarding defendant LAUSD sanctions in th...

Excerpt: ...te Dissolution; and 5. Accounting and Declaratory Relief. Defendants Jay Palomo (“Jay”) and Saul Palomo (“Saul”) (collectively, “demurring defendants”) demur to the second and third causes of action on the grounds plaintiff has failed to state sufficient facts to constitute a cause of action. (See C.C.P. § 430.10(e).) Demurring defendants concurrently move to strike plaintiff's claims for exemplary/punitive damages and plaintiff's cl...

Excerpt: ...sts provision in the contract upon which this action was founded. (Chaney Decl., Exh. B.) The provision provides that the prevailing party in any legal proceeding related to the agreement is entitled to reasonable attorney's fees and costs, and Plaintiffs assert they are the prevailing parties. “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, ...

Excerpt: ...�Cruz”), a behavior specialist who was assigned as a one-on-one aid for Doe on December 14, 2016, engaged in sexual assault and molestation of Doe during school hours while on school property. SUMMARY JUDGMENT 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 ...

Excerpt: ...ion of emotional distress. At times relevant to the complaint, Plaintiff Elakabawi worked as a certified registered nurse anesthetist for Defendant Southern California Permanente Medical Group, Inc. (“Permanente”). On April 14, 2016, plaintiff received a call to respond to a newborn infant resuscitation emergency. Plaintiff proceeded with urgency to his destination, and swiped his access card against the electronic sensor on door number 17110...

Excerpt: ...aint, Erlandson sued Eversoft for: 1. Failure to pay wages; 2. Violation of California Labor Code § 226; 3. Violation of California Labor Code § 2802; and 4. Unfair competition and violation of Business and Professions Code § 17200 et seq. SUMMARY JUDGMENT 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 wheth...

Excerpt: ...fendant City of Avalon. Under a second, distinct contract, Plaintiffs also contracted with Carnival Cruise Lines to provide cruise ship passengers transportation from their cruise ships to Avalon Harbor. Plaintiffs allege improper secret contract negotiations between Carnival Cruises and Defendant City Attorney Campbell and Defendant Bray, and allege that Defendant City of Avalon awarded Catalina Classic Cruises the cruise ship tender contracts i...

Excerpt: .... The vessel crashed into the shoreline, injuring Plaintiffs. Connor Romero is facing criminal charges arising from this incident. The court previously appointed a discovery referee in this case, but it is proper for the court to hear this motion part of which is outside the scope of the reference. This motion was originally set for April 4 prior to the transfer of this matter to this Department. At the time the motion was filed, Connor's crimina...

Excerpt: ...ecessary and proper; (3) When the facts giving rise to the amended allegations were discovered; and (4) The reasons why the request for amendment was not made earlier.” Only a little of this information is ascertainable. Plaintiffs describe how they agreed to set aside a default. Apparently some attorneys advised Plaintiff's counsel they represented the HOA but that was not true. A default was taken. A different attorney contacted Plaintiffs an...

Excerpt: ...aintiff in the underlying complaint is Guarantee Trust Life Insurance Company which issued a policy covering Raul Carvajal. Samantha and Olivia Carvajal are Raul's daughters by Carol Carvajal, but they are not named as beneficiaries of the policy. Carol Carvajal was Raul's wife and the primary beneficiary of the policy. Cross-Defendant and moving party Georgina Negrete is Carol's mother and the grandmother of Samantha and Sophia. She is also the ...

Excerpt: ...ght or Plaintiff's vehicle in time to prevent the collision due to multiple distractions and other factors. Plaintiff alleges Defendant was operating at a high rate of speed above the posted limit, that Defendant was under the influence of alcohol, that Defendant was texting on her cell phone, and that she had a loose dog in the car. DISCUSSION Defendant contends that the allegations outlined above do not establish entitlement to punitive damages...

Excerpt: ...ion of Emotional Distress 6. Breach of Fiduciary Duty 7. Violation of Gov't Code §12955.7 8. Trespass 9. Private Nuisance 10. Invasion of Privacy Defendants concurrently move to strike the claim for punitive damages in the 4 th cause of action, claims for non-economic damages or general damages “in an amount no less than $150,000” and special damages. OBJECTION AND MOTION TO STRIKE Plaintiff moves to strike the demurrer and motion to strike ...

Excerpt: ...ust. Defendants also move to strike the 2 nd cause of action. THE COMPLAINT Plaintiff Atiz Ltd. alleges it was formed in Bangkok, Thailand. It is in the business of manufacturing and distributing book digitization scanners and software and sells these products internationally, including in California. Defendant Warnock formed Atiz Inc. in 2006and registered the company in California. He is allegedly the sole owner of the company. Plaintiff agreed...

Excerpt: ...ion is deemed timely. Both interrogatories present similar issues for which Defendant seeks clarification or a further response: Form Interrogatory 6.1 asked if Plaintiff attributed any physical, mental, or emotional injury to “the incident.” Although the complaint is sparse on facts, there is enough to indicate Plaintiff was injured by a defective product identified as an “above-ground pool” manufactured by Intex. Form Interrogatory 6.3 ...

Excerpt: ... to enhanced remedies. 2nd Amended Complaint: 1. Wrongful Death 2. Negligence 3. Elder Abuse (against all defendants) 4. Fraud 5. Fraudulent Concealment 6. Fraud – “licensure” 7. Constructive Fraud 8. “Violation of Rights” (Health & Safety Code §1430(b)) 9. “Violation of Rights” (Health & Safety Code §1430(b)) ALLEGATIONS Plaintiff's decedent, Bessie McElroy, was an “elder” within the meaning of the Welfare & Institutions Code...

Excerpt: ...rivate Nuisance 6. Negligence 7. Intentional Infliction of Emotional Distress (“IIED”) 8. Unfair Business Practices Defendants concurrently move to strike allegations and prayers pertaining to attorney fees and punitive damages. THE COMPLAINT Plaintiff was a tenant in the property at 1056 ½ Broadway, Long Beach, California from October 2015 through September 2018 when he was “forced” to move out in retaliation for his complaints about un...

Excerpt: ...dated as well – where a court grants or denies a particular item the ruling pertains to both Defendants. Plaintiff requests $5,925 in monetary sanctions for each motion. TIMELINESS The form interrogatories were served by mail on January 9, 2019. Responses were due 35 days later on February 13, 2019. Defendant requested an extension to respond. Plaintiff agreed the responses could be served on March 15, 2019. Plaintiff granted a second extension...

Excerpt: ...y as “Island Enterprises” unless context requires reference to a particular Plaintiff). Defendant City of Avalon is a municipality on Catalina Island. Defendant Scott Campbell is City Attorney for Avalon. Brian Bray was formerly Harbor Master for the City of Avalon from 1998 – 2017. J.J. Poindexter is the current Harbor Master who succeeded Bray as the Harbor Master in 207. Cheryl Allison is an Administrative Assistant employed by the City ...