Excerpt: ...ns, including schizoaffective disorder. She is alleged to have been a dependent adult. The case is primarily for dependent adult abuse and neglect. A Doe employee (Doe 41) is alleged to have battered and verbally abused plaintiff and held her against her will in a room which was not her own. In the discovery at issue “facility” refers to Care Center. Defendant served supplemental responses to these requests. Plaintiff has properly included bo...

Excerpt: ...iated allegations. ALLEGATIONS The incident giving rise to this litigation took place on July 21, 2018 at McDonald's Store #640 (Voluntarily dismissed as a Defendant). Plaintiff alleges she was a guest or patron of the restaurant, and she was “sitting and using her mobile phone and not disturbing or disrupting traffic or the path of pedestrians.” (Paragraph 16) Top Watch was retained by McDonalds to provide security personnel. The court infer...

Excerpt: ...of the notice and the response or non-response. Pared to these essentials, Defendant requested dates for September 2019. The court is presented with exhibit after exhibit with e-mails discussing both missing verifications and potential dates for September. The same attachments are on every exhibit. The court appreciates that counsel made serious efforts to meet and confer before noticing the deposition but Exhibits A – E are mostly wasted space...

Excerpt: ...2. Accounting ALLEGATIONS Defendant Matrix allegedly provides “construction and demolition related services.” Plaintiff was hired as Executive Vice-President of Matrix in September 2016 to “lead the expansion of MEI's demolition business through Pate's investment in and partnership with MEI on demolition projects secured as a result of Pate's efforts.” While the forgoing is unclear as to Plaintiff's capacity with Matrix, Plaintiff appears...

Excerpt: ...ice Wolf move for summary judgment on Plaintiff Asge Berhane's complaint. 1. Wrongful termination in Violation of Public Policy 2. Retaliatory Discharge 3. Violation of Cal. Family Rights Act 4. Int. Infliction of Emotional Distress (“IIED”) 5. Negligence 6. Discrimination/Race 7. Discrimination/Gender 8. Discrimination/Nat'l Origin 9. Discrimination/Disability 10. Retaliation 11. Discrimination/Age 12. Failure to Prevent Discrimination Alter...

Excerpt: ...buse in the 3rd amended Complaint of Plaintiffs Velma McElroy et al. Defendant concurrently moves to strike portions of the complaint seeking emotional distress damages and attorney fees. ALLEGATIONS Plaintiff's decedent, Bessie McElroy, was an “elder” within the meaning of the Welfare & Institutions Code. She was a resident of Seacrest Convalescent Hospital identified in the complaint as “providing long-term care as a 24-hour health facili...

Excerpt: ...ke, individually, on July 13, 2018. Default was entered against Hitzke & Associates on September 25, 2018. No judgment has been entered to date against any Defendant. This motion was filed on September 19, 2019. NATURE OF THE CASE Briefly, Plaintiff alleges Defendants represented her in a workers' compensation proceeding. The case settled. Hitzke advised Plaintiff that she was required to place about $47,000 of a $98,000 settlement into a “Medi...

Excerpt: ...7, 64, 75 Causes of Action 5, 7, 8 The Prayer at Paragraphs 3, 4, and the portion of Paragraph 5 at 21:14 “3287, 3288 and” Defendant Beach City Treatment, LLC (“Beach City”) moves independently to strike the prayer for punitive damages. ALLEGATIONS Plaintiff alleges that as of July 2017 he was an alcoholic “in an unstable and toxic relationship” living in Illinois. He decided to “make a change” and moved to California and engaged ...

Excerpt: ... name and/or initials LPT; b. Require the Defendant to remove the color scheme and branding from defendants' vehicles so as to cease and desist from all unfair competition by means of advertising; c. Cease any marketing designed to trade on LPT's good will; d. Require Defendants to return dominion and control to Loren Pratt over the Loren Pratt Trucking website at the uniform resource locator (URL) ‘lorenpratttrucking.com'” The court denied t...

Excerpt: ...itial motion for reconsideration was denied on August 3, 2019. That was an ex parte motion, and the court invited Plaintiffs to file a noticed motion. Motions for reconsideration are governed by CCP §1008 and its requirements are jurisdictional – i.e. the court cannot grant relief unless the statutory requirements are met. This is to prevent successive motions on the same issue unless there are either new facts which could not have been presen...

Excerpt: ...one is necessary) to the effect that Defendants rendered medical services below the standard of care. The cause for Willful Misconduct alleges more specifically that on December 9, 2016 Dr. Lim provided emergency care and treatment to Plaintiff in the emergency room at Long Beach Memorial Medical Center. Plaintiff was diagnosed with “tension pneumothorax” described as an “extremely serious” condition requiring immediate treatment. An emer...

Excerpt: ...dard and, thus, is not subject to Cal/OSHA preemption; (2) the California Health and Safety Act of 1973 and Labor Code § 142.3 do not create field preemption of all local ordinances impacting workplace health and safety; (3) the Occupational Safety and Health Standards Board has not impliedly preempted local ordinances that require additional compensation based on the amount of square feet a housekeeper cleans during a shift; and (4) Section 5.4...

Excerpt: ...serts repair and storage liens on the vehicle. RELEVANT LAW CCP §512.010: “(a) Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this chapter for a writ of possession by filing a written application for the writ with the court in which the action is brought. (b) The application shall be executed under oath and shall include all of the following: (1) A showing of the basis of the plaintiff's claim a...

Excerpt: ...pectively) who died due to an accident on January 16, 2018. The accident occurred on the premises of United Clean Trucks (“United”). United is in the business of “garaging tractor-trailers” and providing other services with respect to tractor trailers. Defendant Emilio Raza was apparently a client of United and he allegedly caused the fatal accident when he put his truck in reverse and pinned the decedent between two trailers. The deceden...

Excerpt: ...The lease term ran from March 26, 2013 through July 31, 2017. Section 2 of the lease contained an option to extend the lease for an additional five- year term. That section states “see attached addendum” but there is no addendum attached. The complaint denies any separate option agreement was presented to it, and alleges the reference is a mistake by whoever drafted the instrument. On that basis, Plaintiff alleges that the option referenced i...

Excerpt: ...ach of Contract ALLEGATIONS Plaintiff Elizabeth and Defendant Alfred, former spouses, formed several companies during their marriage. They received income of over $1,000,000 per year from “oil well sales” which was put back into the company for purchasing equipment and funding projects. Plaintiff alleges defendant converted community property assets by transferring the assets into a trust, then transferred real property to third parties, who ...

Excerpt: ...erest Opposition to these motions were due on October 21, 2019. The court did not receive any timely opposition. A late opposition was filed on October 22, 2019. Plaintiffs argue there is good cause for the late filings because they were not served and only learned of these motions through the court's website. There is no supporting declaration to rebut a facially valid proof of service. Although the court is skeptical, it will consider the late ...

Excerpt: ... time to September 13, 2019 but refused a further extension. Plaintiff seeks a protective order 1) extending time to respond; 2) a limitation of the scope of discovery; 3) monetary sanctions of $2,387. DISCUSSION Defendant's statement at page 2 that this motion is “to prevent flagrant discovery abuse” brings to mind the adage that no good deed goes unpunished. 300 discovery requests in a wrongful death case is not abusive. The discovery reque...

Excerpt: ...ng. (Minute Order, 9/11/19.) MOTION TO STRIKE PLAINTIFFS' DESIGNATION OF EXPERTS Background Law After an initial trial date is set, “[a]ny party may demand a mutual and simultaneous exchange by all parties of a list containing the name and address of any natural person, including one who is a party, who's oral or deposition testimony in the form of an expert opinion any party expects to offer in evidence at the trial.” (Code Civ. Proc., § 20...

Excerpt: ...nal distress. Plaintiffs alleged “Defendant(s) negligently entrusted, maintained, controlled, managed, drove, manufactured, operated, repaired, distributed, inspected, and repaired said automobile so as to cause them to collide with Plaintiffs, thereby causing the…injuries and damages to Plaintiffs.” (FAC ¶10.) INTRODUCTION Defendants City Logistics & Transport, Inc. and Armando Reyes (collectively “Defendants”) move for an order compe...

Excerpt: ...and placing her on indefinite leave in response to her complaints that she was misclassified and thus was owed back pay. The complaint, filed on May 2, 2019, seeks causes of action for: 1. Failure to Pay for All Hours Worked at Legal or Agreed Rate; 2. Unlawful Retaliation in Employment; 3. Workplace Discrimination Based on Disability; 4. Breach of The Covenant of Good Faith And Fair Dealing; 5. Unjust Enrichment Against; 6. Intentional Inflictio...

Excerpt: ...f's rented apartment, causing property damage. Plaintiff was sued by Ocean Structure, Inc. for the property damage allegedly caused by Plaintiff (“the Suit”). Plaintiff alleges that Defendant wrongfully declined to pay under the insurance contract, to defend the Suit and to indemnify Plaintiff for the costs incurred. The First Amended Complaint alleges causes of action for: 1. breach of contract; 2. breach of covenant of good faith and fair d...

Excerpt: ...ability. Procedural History On October 11, 2017, Plaintiff filed this personal injury action for general negligence in operating a motor vehicle against Defendants demanding compensatory damages according to proof. The case was set for trial at the Personal Injury Hub on Spring Street on April 11, 2019, which was subsequently continued to November 6, 2019. On August 13, 2019, Plaintiff filed five discovery motions. On September 4, 2019, the court...

Excerpt: ...e Order to Show Cause should have been transferred to Compton Superior Court and not to Judge Ferrari at the Long Beach Superior Court and that doing so was a violation of the Civil Code because Judge Ferrari was the trial court judge for Plaintiff's case in Compton Superior Court. Plaintiff alleges that Defendant received compensation for her alleged acts. On June 13, 2018, Plaintiff filed a complaint against Defendant for general negligence. On...

Excerpt: ...uary 2016, he was transferred to the Los Angeles county region and became managed by Defendant Darrell Brown (“Brown”). Almost immediately, Brown began saying harassing comments about Plaintiff's age and health. In April 2016, while Brown was under a human resources' investigation for making inappropriate comments about other people, Plaintiff told HR that he observed Brown show favoritism and heard Brown tell him to “cut off the umbilical ...