Excerpt: ...e to Pay Earned Wages Upon Separation 8. Failure to provide Accurate Wage Statements 9. Unfair Business Practices 10. PAGA claim 11. PAGA claim The motion is joined by Defendants Hepta Run and Ed Tseng. These Defendants provide their own separate statement and evidence, but no memorandum of points and authorities. They incorporate Hart's memorandum and assert her arguments are equally applicable. That appears to be true and the court accepts the ...

Excerpt: ...rings a motion to deem Requests for Admission (“RFAs”) propounded to Plaintiff admitted. This motion requests $2,460 in monetary damages against Plaintiff and her attorneys of record, jointly and severally. ALLEGATIONS Plaintiff was a tenant at 242 Glendora Ave., #2, Long Beach. William Byron is alleged to own the property. Plaintiff alleges a written lease executed on June 24, 2013 by co- Defendant Action management, Byron's property manager...

Excerpt: ... State on May 16, 2018. The request is granted. ALLEGATIONS Plaintiff alleges she was employed by “defendant” and the court assumes she means Aegis. She was employed from June, 2017 until her resignation on December 4, 2018. Plaintiff alleges Aegis is “an internet marketing company specializing in search engine optimization, social media management, and website design” (Paragraph 2). Initially she was paid “strictly commission of 20% of...

Excerpt: ...se of his employment, made a left turn in front of Plaintiff Eddie Jones resulting in a collision. Michelle Jones is Eddie Jones' wife. She was driving a vehicle about 30 feet behind her husband. There were two vehicles between her and her husband's motorcycle. She claims NIED as a witness to her husband's injuries. DISCUSSION Plaintiffs have lodged objections to the moving evidence. The objections are all overruled. NIED is simply a form of ordi...

Excerpt: ...ack of standing.” THE COMPLAINT The complaint filed on May 143, 2018 contains the following causes of action: 1. Cancellation of Deed& Quiet Title 2. “Undue Influence” 3. Rescission 4. Elder Abuse 5. Conversion 6. Injunctive Relief 7. Declaratory Relief Because these motions do not concern the sufficiency of the allegations to constitute causes of action, only a brief summary of the allegations is necessary. Plaintiff owned real property at...

Excerpt: ...nt in the federal case of Patel v. City. The court does not take judicial notice of the truth of the contents of an exhibit except for orders, judgments, and the language of a statute or ordinance. “Although the existence of a document may be judicially noticeable, the truth of statements contained in the document and its proper interpretation are not subject to judicial notice if those matters are reasonably disputable. [Citation.]” (Unruh-H...

Excerpt: ...s GRANTED. Plaintiff Brian Abelar is ordered to serve responses, without objection, and to permit inspection and copying, within ten days. Because no reply brief was prepared or filed, monetary sanctions in the amount of $818.50 are awarded against plaintiff Brian Abelar and plaintiff's counsel of record, jointly and severally, payable within 30 days. (CCP §§ 2031.300(c), 2023.010(d), 2023.030(a), and CRC Rule 3.1030(a).) Motion of Defendant Pr...

Excerpt: ...ther, the meet and confer declaration submitted with the moving papers indicates the parties last met and conferred on March 6, 2019 (Wright Decl. ¶ 9 & Ex. E), whereas the FAC was filed on April 12, 2019. Indeed, the substance of the March 6meet and confer was directly entirely to a different pleading and causes of action not at issue in the instant demurrer and motion to strike. The parties are ordered to meet and confer in full compliance wit...

Excerpt: ... action for contribution. The Demurrer is otherwise OVERRULED.  The first cause of action sufficiently states a cause of action for fraud in that it alleges defendant falsely promised to procure insurance with no intent to do so and made false statements to conceal the fact that no insurance had been procured. (SAC ¶¶ 45-60.)  The second cause of action adequately states a cause of action for breach of contract in that the SAC expressly a...

Excerpt: ...unity as Vice President from October 11, 2016 through June 5, 2017. On June 6, 2017 he was promoted to CEO and a new employment agreement was executed which appears as Exhibit A to the complaint. Plaintiff alleges he was instrumental in “growing and expanding the business” and was entitled to a contractual bonus and other benefits which were unpaid. He alleges he was terminated on October 3, 2018 on false charges that he engaged in racist, di...

Excerpt: ...ed to differentiate it from previous pleadings or amendments; (2) State what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located; and (3) State what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located. (Subd (a) amended effective January 1...

Excerpt: ...dually and on behalf of Socal. Exhibits A and B are “declarations of service” executed by Darrell Moore. He state that on April 23, 2018 at 8:15 a.m., he went to 1115 ½ South Yale Avenue in Santa Monica to effect service of the summons, complaint and other documents. When he arrived he “surmised” the address of 1115 ½ S. Yale Avenue would be in the rear of the property at 1115 S. Yale Avenue. As he passed the front house he saw a man in...

Excerpt: ....16(f), the instant motion to strike was to be filed within 60 days of service of the operative complaint, unless the Court, in its discretion were to provide an extension. The operative First Amended Complaint (“FAC”) was personally served on Chtivelman on December 13, 2018. The FAC was served by substituted service on Lyubovny on December 14, 2018, with follow up mailing on December <0045005200590051005c00 00550048004900520055[e completed o...

Excerpt: ...ve responses, without objection, within ten days. Monetary sanctions in the requested amount of $1,022 are awarded against plaintiff Brian Abelar and his counsel of record, jointly and severally, payable within 30 days. (CCP §§ 2030.290(c), 2023.010(d), 2023.030(a), and CRC Rule 3.1030(a).) Motion of Defendant Providence Health System—Southern California dba Providence Saint Joseph Medical Center for an Order Compelling Plaintiff Dee Ann Abel...

Excerpt: ...ordon Payne actually had in effect a life insurance policy prior to defendants advising plaintiff to execute the premarital agreement. This also includes the duties set forth by an expert in the practice of family law with respect to advising the client about whose obligation it was to confirm the existence of the subject policy and about whether the insurance provision of the premarital agreement would assure Gordon Payne actually purchased and ...

Excerpt: ...ber 2, 2018 (Declaration of Buncher ¶16). The Responses were served by mail on November 1, 2018. The responses were timely due to the extensions. Ordinarily, a motion for further responses must be filed and served within 45 days of service of the responses (enlarged to 50 days if service was by mail pursuant to CCP §1005). The parties met and conferred. Defendant granted an extension for the time in which Plaintiff could bring a motion for furt...

Excerpt: ...buse statutes. Decedent suffered from Alzheimer's related dementia, diabetes and hypertension and “required constant monitoring and could not care for himself” (Paragraph 11). Plaintiff somewhat vaguely alleges “the present defendants undertook a caretaking relationship” with decedent. There are allegations against multiple facilities which are recited briefly for context. Decedent was admitted to Defendant Huntington Park Nursing Center ...

Excerpt: ...nt. Hicks allegedly retained the original of this contract. In 2017, Hicks sold Plethora without Plaintiff's knowledge or consent, and without paying him any part of the proceeds. The moving defendants were named as Does 1 and 2 on March 16, 2018. The claim against EMM and Campbell is that FedEx routes belonging to Plethora were transferred to them. In July, 2018 a demurrer to the 1 st Amended Complaint by these Defendants was sustained without l...

Excerpt: ... 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, bu...

Excerpt: ...al charges pending against Hoyt in case NA110781. DISCUSSION Hoyt argues his 5 th Amendment rights against self-incrimination should bar any civil proceeding against him until resolution of the criminal charges. Hoyt's own authorities reflect that criminal charges do not necessarily require a stay: “The Constitution does not ordinarily require a stay of civil proceedings pending the outcome of criminal proceedings. Federal Sav. & Loan Ins. Corp...

Excerpt: ...is status in acting in propria persona. The court also agrees that Plaintiff's declaration and argument about his financial condition and his assessment as to how Defendant treated him (i.e. I have committed no criminal act to deserve such treatment”) are not material to resolution of this motion. Plaintiff brings this motion pursuant to CCP §1286: “If a petition or response under this chapter is duly served and filed, the court shall confir...

Excerpt: ...spond up to November 2, 2018 (Declaration of Buncher ¶16). The Responses were served by mail on November 1, 2018. The responses were timely due to the extensions. Ordinarily, a motion for further responses must be filed and served within 45 days of service of the responses (enlarged to 50 days if service was by mail pursuant to CCP §1005). The parties met and conferred. Defendant granted an extension for the time in which Plaintiff could bring ...

Excerpt: ...s of hotel employees” in the City of Long Beach. The ballot asked the electorate “shall an ordinance be adopted to require Long Beach hotels containing more than 50 rooms to provide personal emergency contact devices for hotel workers, adopt restrictions on the square footage of hotel areas which may be cleaned and establish penalties for failure to comply with the restrictions?” The complaint focuses on the portion of the measure enacted a...

Excerpt: ... confidential information of a client during representation, they can be disqualified from subsequently representing a client who has adverse interests against the first client. This is not such a situation. Plaintiff Jane CL Doe, an adult, alleges she was molested by her “de facto” step-father when she was a young girl. Tiffanee Lee is Plaintiff's mother and the former spouse of Defendant. The complaint refers to him as a “de facto” step...

Excerpt: ...judication, issues 1 and 2 are simply different reasons for why the 1 st cause of action fails (time-bar and illegal contract) ALLEGATIONS Plaintiff alleges his home was “underwater” in 2013 – i.e. worth less than the secured debt. Plaintiff attempted a short sale in which Defendant Gonzales was the buyer and SG Realty was “the broker and agent” (Plaintiff does not allege whether SG was a dual agent/broker but his deposition testimony a...