Excerpt: ...Plaintiff filed his operative Fourth Amended Complaint. The 4AC includes causes of action for harassment in violation of FEHA and failure to investigate in violation of FEHA. The harassment cause of action is pled against the City and Erdelji, and the failure to investigate cause of action is pled only against the City. Cook and Jarman have been dismissed from the action. 2. Motion for Summary Judgment/Adjudication (Defendant, Erdelji) a. Standar...

Excerpt: ...against any potential recovery Forde might ultimately obtain in this action. On 10/11/23, the Court entered a final judgment in this action in favor of Forde and against Defendants, Allen Entous, in his individual capacity and as a trustee of his trust. The judgment is in the principal amount of $118,965.95. The judgment includes an award of attorneys' fees in the amount of $473,699.18 and costs in the amount of $70,247.01. 2. Today's Motion a. R...

Excerpt: ...oe amendment naming Memorial Cardiology Medical Group, Inc. as Doe 1 on 7/31/23. Plaintiff dismissed Memorial Care Medical Group as a defendant on 10/02/23. 2. Demurrer a. Legal Standard 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 complain...

Excerpt: ...ness for $900,000. Plaintiff alleges Defendant has failed to make the final payment of $400,000.00 and to take on the obligations of the business, including equipment leases, vendor contracts, office leases, and utilities. Plaintiff filed the operative Second Amended Complaint (“SAC”) on 9/15/22, asserting causes of action for: 1. Breach of Written Contract 2. Fraud On 2/23/23, the Court sustained Defendant's demurrer to the fraud cause of ac...

Excerpt: ... leave to file an oversized brief. Notably, at the time Petitioner filed the motion, his brief was due the same day, and Respondent's brief was due prior to the time for hearing on the motion, which Petitioner scheduled for 1/09/24. However, on 12/21/23, the Court signed an order granting the parties' stipulation, pursuant to which they continued the date for hearing on the petition from 2/09/24 to 3/15/24 and continued the date for filing of Res...

Excerpt: ...nt answered the complaint and filed a cross-complaint against Amigo Mobility International, Inc. for indemnification and related claims. Amigo is the entity that manufactured the scooter on which Plaintiff fell. 2. Motion for Leave to Amend a. Relief Requested Plaintiff filed this motion on 6/21/23. Plaintiff seeks a court order permitting him to amend his complaint to add a cause of action for products liability against Amigo. b. Opposition Amig...

Excerpt: ...ter, waste, breach of contract, and financial elder abuse. Plaintiff alleges he and Wise are co- owners of the subject property, and Wise has committed waste and other acts on the property, such that it needs to be partitioned. One of the issues posed by way of the complaint is whether Defendant has improperly made a claim for 100% of insurance proceeds per a claim on the property, when in reality the parties are entitled to split those proceeds....

Excerpt: ...to which Digital would move to Thunder and Thunder would ultimately acquire Digital's Mobile Motion Mocap (“MMM”) unit. On 2/15/21, Thunder and Digital entered into a written MOU, the terms of which are set forth at ¶10 of the complaint. Ultimately, Digital alleges Thunder breached the agreement by not paying for services rendered, keeping all rights to the content produced, never buying Digital's assets, and instead converting the assets fo...

Excerpt: ...onses was therefore filed. Notably, Ford served supplemental responses on 12/04/23, AFTER Plaintiff filed this motion. The Court is using the supplemental responses in ruling on this motion, and finds Plaintiff could and should have conducted more extensive meet and confer attempts prior to filing the motion. b. FROG 1.1 FROG 1.1 asks Ford to identify the persons who prepared or assisted in the preparation of the responses to FROGs. Ford's origin...

Excerpt: ... jury trial, and the jury ultimately returned a verdict in the amount of $1,659,456 (compensatory) plus $3,000,000 (punitive). Additionally, Plaintiff filed a memorandum of costs seeking to recover costs in the amount of $25,331.31 and a motion for attorneys' fees seeking to recover attorneys' fees in the amount of $1,659,805. 2. Motion for New Trial a. Grounds for Motion Defendant moves for a new trial, contending the compensatory damages award ...

Excerpt: ...ious interference with contract, fraud, unjust enrichment, negligence, conversion, conversion (derivative), accounting, and breach of fiduciary duty (derivative). 2. Demurrer to Complaint a. Legal 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 not the function of the demurrer to challenge t...

Excerpt: ...inuing to accrue, on the loan. On 9/09/21, Defendant filed an answer to the complaint. Additionally, Defendant filed a cross- complaint against Plaintiff, as well as the entities Primary Care Associates of California (“PCAC”)and Healing Hand Family Clinic. The cross-complaint is also for breach of contract, fraud, and related claims. Defendant alleges Plaintiff and his related entities offered him $80,000 in moving expenses in order to work a...

Excerpt: ...ound in favor of Erlandson and awarded $29,818.31 in unpaid wages plus interest, waiting time penalties, and other penalties as permitted by law, for a total judgment in the amount of $46,703.24. 2. Motion to Tax Costs a. Papers Filed Erlandson filed a memorandum of costs on 7/18/23, seeking to recover $29,272 in costs incurred in connection with litigating the cross-complaint. Eversoft moves to strike or tax the costs. Erlandson opposes the moti...

Excerpt: ...esolve issues relating to FROGs 12.4, 15.1, and 17.1. Plaintiff therefore moves to compel further responses to these FROGs. b. 12.4 Defendant indicates, in opposition to the motion, that she concedes her response is deficient and she will supplement her response. The motion to compel is therefore moot as to FROG 12.4. c. 15.1 FROG 15.1 asks Defendant to provide information to support each special or affirmative defense asserted in the answer. Def...

Excerpt: ...ning causes of action are pled solely against Flores. Defendant filed an answer on 10/21/22. Flores filed an answer on 4/13/23. The Court granted LBUSD's motion for leave to file a cross-complaint against Flores on 8/08/23, and Flores answered the cross-complaint on 9/06/23. 2. Motion for Summary Judgment 3. Standard on Summary Judgment Summary judgment is proper “if all the papers submitted show that there is no triable issue as to any materia...

Excerpt: ...t and second causes of action), and practicing fraud and deceit against my testimony as a witness in the public court of record based on Penal Code §133 (third cause of action); the complaint seeks declaratory and injunctive relief based on the above alleged violations, and also seeks compensatory and punitive damages. 2. Demurrer to Complaint a. Legal Standard on Demurrer A demurrer is a pleading used to test the legal sufficiency of other plea...

Excerpt: ...s charged with taking the shipment to Kansas City. However, the rig carrying the batteries was involved in a single-vehicle accident, resulting in the vehicle over-turning and damaging the batteries. Plaintiff alleges it suffered loss in the amount of $620,199.27, as it had to pay its insured for the damage to its goods. On 5/06/21, the Court heard and denied Defendant's special motion to strike. Defendant appealed the ruling, and the Court of Ap...

Excerpt: ...idity of its claims against Defendants. On 2/16/22, SEJ Properties, L.P. filed 22SMCV00217 against Defendants, Escrow L.A., Inc. and Sharon L. Sharp for breach of fiduciary duty and related claims arising out of Defendants' refusal to release the funds that were deposited into the escrow account in connection with the transaction at issue in 22LBCV00049. On June 22, 2022, the two cases were related and were consolidated on December 8, 2022. 2. 23...

Excerpt: ...ROGs”) on Defendant, and Defendant served responses. On 8/25/23, Plaintiff sent Defendant a meet and confer letter addressing the perceived deficiencies in Defendant's responses. The letter ended by demanding Defendant serve supplemental responses by 8/31/23 or a motion to compel would be filed. On 8/31/23, Defendant sent a responsive letter asking to extend the deadline from 8/31/23 to 9/15/23. Plaintiff responded, stating it would be extended...

Excerpt: ... further to Plaintiff's Request for Production of Documents, Set One, Nos. 4-5, 9-12, 14-29, 43-45, 47-49, 53-55, and 59. Plaintiff has withdrawn the motion to compel further responses to Form Interrogatories. b. Relevant Information About Vehicle In the complaint, Plaintiff alleges that on 12/20/21, in exchange for valuable consideration, Plaintiffs purchased a 2022 Volkswagen Taos, manufactured and/or distributed by defendant. During the warran...

Excerpt: ...ing he did caused or contributed to Plaintiff's injuries or damages. b. Standard of Care The standard of care against which the acts of health care providers are to be measured is a matter within the knowledge of experts. Elcome v. Chin (2003) 110 Cal.App.4th 310, 317. Unless the conduct required by the particular circumstances is within the common knowledge of the layman, the standard of care in a malpractice action can only be proved by an expe...

Excerpt: ...or their complaints about a parent chaperone who was a convicted felon for domestic violence. Plaintiffs allege the chaperone was allowed to be present with minor children on the team without another adult. Plaintiffs allege Long Beach Junior Crew did not enforce its own rules and guidelines to protect the minor team members from inappropriate contact and interactions with the chaperone, despite Plaintiffs' complaints to them about it. Plaintiffs...

Excerpt: ...poration. (Compl., ¶ 2.) On or about September 22, 2021, Matsumura (acting as Spectre's Vice President and authorized agent) contacted Plaintiff to obtain a loan on Spectre's behalf. (Compl., ¶ 8.) Matsumura told Plaintiff that the purpose of the loan was to purchase and resell Coach handbags and promised that Plaintiff would not only receive interest on the money lent, but also earn commissions on the merchandise bought and resold using Plaint...

Excerpt: ...the operative Second Amended Complaint (“SAC”) against Medical Center, Dr. Attinasi, Dr. Kumar, Dr. Levine, Sarah Dabagh, M.D. (“Dr. Dabagh”), Ramin Javahery, M.D. (“Dr. Javahery”), and Does 1 through 18 and nominal defendant Jamaar Butler (“Buttler”). Plaintiff alleges that her daughter, Marlee Sage Butler (“Marlee”) was born on April 8, 2020, with holoprosencephaly. Marlee was admitted to Medical Center on July 8, 2020. On J...

Excerpt: ...dant's Form Interrogatories, Set One, and for sanctions against Plaintiff in the amount of $496.50 (the “Form Interrogatories Motion”); (2) a motion to compel Plaintiff's verified responses, without objections, to Defendant's Special Interrogatories, Set One, and for sanctions against Plaintiff in the amount of $496.50 (the “Special Interrogatories Motion”); (3) a motion to compel Plaintiff's verified responses, without objections, to Def...