Excerpt: ...found Defendants had not acted negligently, and consequently judgment was entered in favor of Defendants. On 12/27/19, Ali and O'Brien each filed memoranda of costs. Ali sought to recover a total of $151,990.32 in costs, and O'Brien sought to recover a total of $156,332.45 in costs. On 1/10/20 and 1/13/20, Plaintiffs timely filed these motions to tax costs. The motions were originally scheduled for hearing on 6/11/20, but were continued due to th...

Excerpt: ...s he was therefore exposed to painful bedbug infestation and suffered physical and mental anguish as well as ongoing emotional distress. He alleges he is informed and believes that Defendants knew of the bed bug infestation prior to his arrival on the premises. Plaintiff's complaint includes causes of action for:  Breach of Implied Warranty of Habitability;  Battery;  Negligence;  Nuisance;  IIED;  NIED;  Breach of Contract; ...

Excerpt: ...e motion on 3/27/19. The Court heard oral testimony, found Plaintiff not to be credible, and granted the motion to compel arbitration. On 5/31/19, Plaintiff initiated arbitration against Cyberset Corp. only; he did not initiate arbitration against the individual defendants. On 11/20/19, Plaintiff filed a request for dismissal of Cyberset Corp. only the dismissal was without prejudice. The purpose of his dismissal was to avoid arbitration of his c...

Excerpt: ...anuary 23, 2020, a trial was held on the five causes of action detailed above. On February 26, 2020, the jury returned a verdict in favor of Defendant on all causes of action. On March 6, 2020, the court disposed of the action due to the jury verdict. 2. Motion For CCP §473(b) Relief Defendant failed to (a) timely file a verified memorandum of costs, and (b) timely file a motion for attorneys' fees. Defendant moves for relief from this failure p...

Excerpt: ...tive, 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: ... he attempted to back the railcar with the forklift, which caused the forklift to fall over. Plaintiff alleges he suffered a severe crush injury to his leg, which ultimately resulted in amputation below the knee. 2. Motion to Compel Further Responses Defendant, Crown Equipment Corporation propounded RPDs on Plaintiff, and Plaintiff served responses. The parties met and conferred, and ultimately narrowed the issues between them substantially. Plai...

Excerpt: ...and Beneteau. Volvo manufactures engines for yachts and other parts. The problems with the vessel included “a non-working PCU, which controlled all of the electronics on the yacht,” as well as problems with the electrical and navigational systems. 2. Motion for Leave to Amend a. Relief Sought Plaintiff seeks leave to file a Third Amended Complaint. The TAC would make a variety of minor changes, none of which are opposed by any opposing defend...

Excerpt: ...f's First Amended Complaint. For reasons that are not clear, Plaintiff had not yet filed his FAC at that time. Plaintiff filed his FAC on 7/29/20. The FAC does, however, include a proof of service, which shows Plaintiff served his FAC on Defendant on 6/24/20. The Court asks Plaintiff to ensure papers are timely filed, as well as served, in the future in this action, as the untimely filing of the FAC caused a fair amount of confusion. While Plaint...

Excerpt: ...ion claim on 7/24/18. Plaintiff filed a government tort claim on 7/03/19. Plaintiff filed this action on 1/29/20. 2. Demurrer Defendants demur to the complaint, contending Plaintiff failed to file a timely tort claim and therefore his complaint fails as a matter of law. Plaintiff opposes, contending (a) he was not required to file a timely tort claim for claims arising out of federal maritime law, (b) he filed a timely claim, and (c) he filed a t...

Excerpt: ...worked for Defendant, Little Sisters of the Poor (“LSOP”) for many decades in various capacities. She was healthy in retirement, but received a dementia diagnosis. In the fall of 2017, her dementia was worsening, and by the fall of 2018, her husband Norman placed her in a room at LSOP for care. Over the following two months, her care needs were neglected and she was denied basic services she needed to transition to the facility. Rather than a...

Excerpt: ...eded to bench trial in late 2019. On 5/22/20, the Court entered Judgment in favor of Plaintiff and against Defendants, Hepta Run, Inc. and Ed Tseng; judgment is in the amount of $62,710.81 jointly and severally, as well as $3975.28 against Hepta only, plus interest. The judgment specifically provides for subsequent entry of attorneys' fees per noticed motion and costs per memorandum of costs. 2. Motion for Attorneys' Fees and Costs a. Parties' Po...

Excerpt: ...der robes for Recalibrated's gym. CAB alleges Recalibrated failed to pay Medico per the contract, and Medico assigned its right to collect to CAB. CAB sued Law for breach of guarantee on the agreement. Recalibrated filed a cross-complaint against CAB and Medico. The crux of the cross- complaint is that Medico made fraudulent statements concerning the nature of the parties' agreement, and the fraudulent statements induced Recalibrated to enter int...

Excerpt: ...et title. The most basic facts concerning the property are not disputed. Trinity had a junior lien on the subject property, and it conducted a non- judicial foreclosure sale to enforce its lien in October of 2018. No party challenges the validity of the October 2018 sale. However, US Bank, Western Progressive, LLC, and PHH Mortgage Corporation held a first lien on the subject property (US Bank funded the loan, PHH serviced the loan, and Western P...

Excerpt: ...sequently employed Tennberg as an employee in similar capacity. Plaintiff terminated Defendant's employment when Plaintiff learned Defendant had hijacked its websites to display a message demanding that Plaintiff pay Defendant for design services and engaged in other similar social media based conduct. On 5/29/20, Defendant, in pro per, filed an answer to the complaint. 2. Motions to Deem RFAs Admitted and Compel Responses On 8/26/20, Plaintiff f...

Excerpt: ...rty in this lemon law litigation. It permits recovery of these fees pursuant to Civil Code §1794(d), and expressly contemplates the Court setting the amount of fees via a noticed motion for attorneys' fees. Therefore, Plaintiff's right to recover fees is not at issue by way of this motion; the sole issue on the motion is the amount of fees to be awarded. Plaintiff seeks to recover fees and costs in the total amount of $49,299.03, plus whatever f...

Excerpt: ...s he was therefore exposed to painful bedbug infestation and suffered physical and mental anguish as well as ongoing emotional distress. He alleges he is informed and believes that Defendants knew of the bed bug infestation prior to his arrival on the premises. Plaintiff's complaint includes causes of action for:  Breach of Implied Warranty of Habitability;  Battery;  Negligence;  Nuisance;  IIED;  NIED;  Breach of Contract; ...

Excerpt: ...aint. The FAC added Mark Jones as a named plaintiff in the action. The FAC includes causes of action for:  Failure to Reimburse Necessary Expenditures;  Failure to Pay Piece Rate;  Failure to Pay Piece Rate;  Failure to Provide Required Meal Periods;  Failure to Provide Required Rest Periods;  Failure to Pay Wages After Separation;  Failure to Provide Accurate Itemized Wage Statements;  Unfair Business Practices. On 10/15/...

Excerpt: ...luded causes of action for: (1) Breach of Contract; (2) Negligence; (3) Enforcement of Equitable Servitudes; (4) Nuisance; (5) Breach of Fiduciary Duty; (6) Trespass; (7) Breach of Insurance Contract; and (8) Tortious Breach of Implied Duty of Good Faith. Plaintiff's FAC alleges the following: • Plaintiff is the owner of a condominium unit. Her upstairs neighbors, the Butler Defendants, experienced a leak in their dishwasher which flooded her a...

Excerpt: ...re Lydia Rojas, Plaintiff's predecessor-in-interest, was the beneficiary. (Compl., ¶ 1.) Defendant Hernandez, a real estate broker, issued a series of promissory notes beginning in 1993 whereby he was the borrower and Lydia Rojas was the beneficiary. Notes issued between 1993 and 2001 for the benefit of Lydia Rojas culminated into one note issued by Defendant Hernandez (hereinafter “Note A”) on June 13, 2001 for $200,000, which was “equal ...

Excerpt: ...ite the fact that her mother suffers from respiratory issues. The condo building's CC&Rs expressly prohibit smoking of any type, including in the interior of privately owned units in the building. Plaintiff has made numerous attempts to get Defendant to stop smoking marijuana in his unit, but all attempts have failed. 2. Motion to Strike Defendant moves to strike Plaintiff's prayer for punitive damages, related allegations, and lines 10-11 wherei...

Excerpt: ...ulfstream Aerospace Corporation (“Gulfstream”) as an aircraft painter. Plaintiff worked for Gulfstream from 12/18/17 until 5/09/19, at which time Gulfstream terminated the employment relationship. 2. Motion to Compel Arbitration Defendant, Gulfstream Aerospace Corporation moves to compel arbitration of Plaintiff's claims against it. a. Parties' Positions Gulfstream contends Plaintiff agreed to arbitrate, rather than litigate, all claims again...

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: ... 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: ...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: ...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: ...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: ...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...

Excerpt: ...ations of the California Homeowners Bill of Rights  Treble Damages  Slander of Title  Quiet Title  Violation of BPC §17200, et seq.  Declaratory Relief The crux of Plaintiffs' complaint is their allegation that Defendants commenced foreclosure proceedings against Plaintiffs without complying with the Homeowners Bill of Rights (complaint, ¶9); Plaintiffs had a loan with NBGI, Inc., which was never assigned to any of the defendants...

Excerpt: ... resident at Cabrillo Village (“The Village”); his residency was through U.S. Vets, which provides housing services for veterans. While a resident at The Village, Plaintiff met Dawn Thompson. Plaintiff trusted Dawn, and Dawn told Plaintiff she would help him obtain a VA caregiver due to his difficulty performing his necessary chores. In April of 2017, Dawn called Plaintiff into her office to sign papers. Plaintiff believed the papers related ...

Excerpt: ...nd Amended Complaint (“SAC”) was filed on February 25, 2020 and contains three causes of action: (1) negligence, (2) premises liability, and (3) product liability. The SAC alleges that Decedent Oscar Gilberto Miranda (“Decedent”) was Plaintiff's husband and father to their minor children. (SAC, ¶ 18.) Decedent was an independent contractor and truck driver for Corporate Defendants. (Id. at ¶ 19.) Corporate Defendants assigned Decedent d...

Excerpt: ... City filed a motion for judgment on the pleadings. On March 5, 2020, the court granted City's motion with leave to amend on grounds that the allegations in the complaint were not pled with sufficient particularity against City. Plaintiff filed her first amended complaint (“FAC”) on April 3, 2020. Plaintiff alleges that on January 14, 2017, she was seriously injured by a vehicle driven by Ray while she was walking across a crosswalk in Long B...

Excerpt: ...problems with the vessel included “a non-working PCU, which controlled all of the electronics on the yacht” as well as problems with the electrical and navigational systems. A written contract for purchase of the vessel, a 2016 Lagoon 630 motor yacht, was executed on March 6, 2016. A copy of the contract is appended to the complaint as Exhibit A. The broker defendants allegedly promised a one-year warranty running from the date of delivery. P...

Excerpt: ...5) quantum meruit. Plaintiff alleges Shoreline breached the verbal/oral agreement in connection with improvement project performed at 217 Pine Avenue, Long Beach, CA 90802. 2. Motion to Compel Further Responses At issue today is Plaintiff's Motion to Compel Further Responses to Request for Production of Documents, Set One, Nos. 27 to 32. A motion to compel further production must set forth specific facts showing good cause justifying the discover...

Excerpt: ...urt, Plaintiff filed a Second Amended Complaint on October 2, 2019. On October 17, 2019, the Court sustained Defendants' unopposed demurrer to the First Amended Complaint in its entirety without leave to amend. The Second Amended Complaint was ordered stricken because it was improperly filed without leave of Court. The Court entered Judgment of Dismissal on October 22, 2019. Defendants filed its Memorandum of Costs and the subject motion for atto...

Excerpt: ...e First Amended Complaint. The FAC names Farmers Insurance Company, Farmers Insurance Exchange, Hadi Alidowlatabadi, Abigail Resnick, and Robert Biehl as defendants. The FAC includes causes of action for:  Breach of the Implied Covenant of Good Faith and Fair Dealing (All Defendants);  Breach of Contract (All Defendants);  Violation of BPC §17200, et seq. (All Defendants);  BPC §17500, et seq. (All Defendants);  Intentional Misre...

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 issues...

Excerpt: ...ruptcy in 2012 and entered into a stipulated agreement with Nationstar permitting Plaintiffs to re-amortize their loan. Thereafter, Nationstar assigned the loan to Defendant, SLS for servicing. Beginning in December of 2017, SLS began notifying Plaintiffs that they were in default on their loan, even though Plaintiffs were timely making payments per the bankruptcy agreement. Plaintiffs allege SLS has improperly threatened Plaintiffs with a Notice...

Excerpt: ...rdinance). Plaintiffs' complaint under §1946.2 alleges that Defendants have threatened to raise Plaintiffs' rent in excess of the legally permitted rent control amount, and Plaintiffs seek an order that they must not do so. Plaintiffs' complaint under the Long Beach City Urgency Ordinance alleges Defendants are wrongfully causing Plaintiff and other tenants to move involuntarily and without just cause and seeks a declaration that Defendants must...

Excerpt: ...nsaction and has subsequently assigned his rights to Plaintiff Legend 13. Plaintiff alleges Defendants made various representations concerning the property, including that the property would be free from restrictions that would impair the value of the property; these representations were false, and caused Plaintiffs harm. Specifically, Plaintiffs allege the City of Long Beach and/or the Port was imposing restrictions on the permitted uses of the ...

Excerpt: ... passenger in a Lyft vehicle, and the Lyft vehicle negligently left Decedent in the street near 2 nd Street and Tivolli Avenue, which was not near her designated Lyft destination. Hoyt, as an employee of Shimmick, ran over and killed Decedent, who was in the street after being let out of the Lyft vehicle. 2. Matters on Calendar Today There are two motions on calendar today. On 2/19/20, Lyft filed a motion for a protective order. Lyft seeks an ord...

Excerpt: ...ttempted to raise the rent by an amount not permitted under the extension. Defendant, JMS moved for summary judgment on the SAC, and on 11/05/19 the Court denied the motion. JMS moved on the ground that Plaintiff failed to comply with the notice provision in ¶36 of the parties' lease. The Court found that there were triable issues of material fact in this regard and denied the motion. On 1/07/20, Plaintiff filed a doe amendment. She named Michae...

Excerpt: ...declined to pay under the insurance contract, to defend the Suit, and to indemnify Plaintiff for the costs incurred. Plaintiff also alleges Defendant's conduct was discriminatory and was undertaken because of Plaintiff's protected status. The Court previously sustained a demurrer to the First Amended Complaint with leave to amend as to the third and fourth causes of action; the Court also sustained the demurrer without leave to amend as to the fi...

Excerpt: ...rading. Because Rogers is the demurring defendant in connection with today's hearing, the Court will focus on the allegations relating to Rogers in detailing the complaint. The Court notes that many material facts relating to the other defendants are not incorporated into this ruling, as they are not relevant to the issues presented by way of the demurrer. Plaintiff alleges OSA loaned $2,450,000 to Energy Product Company, LLC which loan agreement...

Excerpt: ...imately 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 defendan...

Excerpt: ... Complaint alleges that on or about October 16, 2017, Direct Automotive Corporation (“Direct Auto”) through Juan Lopez (“Lopez”), its principal, agreed to buy all of Nasri's shares in NK Financing Corporation (“NK”) pursuant to terms and conditions set forth in the Purchase and Sale Agreement (“Agreement”). Under the Agreement and the “Goodwill Note”, Direct Auto and Lopez are obligated to pay the purchase price in monthly ins...

Excerpt: ...rticipate in the hearing. At the conclusion of the hearing, the Commissioner awarded Plaintiff $97,627.99. Defendants initiated an appeal of the Award. While designated an appeal, the proceeding is actually a trial de novo. See Labor Code § 98.2(b). The parties participated in a court trial, the Honorable Mark C. Kim presiding, between 12/13/19 and 12/17/19. The Court issued a proposed statement of decision on 2/24/20, and adopted the decision a...

Excerpt: ...3, 2019) 10. Unfair Business Practices 11. Declaratory Relief 12. Accounting Plaintiff filed his original complaint on 8/08/19. On 12/12/19, the Court heard Defendant's demurrer to the fifth and sixth causes of action. The Court sustained the demurrer with leave to amend, finding the allegations amounted to mere conclusions, which were insufficient to support a claim for misrepresentation. On 1/02/20, Plaintiff filed his operative First Amended C...

Excerpt: ...er purse, and charged her for a second ride using the Uber app. Plaintiff's original complaint is her operative complaint. It alleges causes of action for: 1. Common Carrier Negligence (Uber); 2. Sexual Battery (Doe 1 – Humberto); 3. Assault (all defendants); 4. Violation of Ralph Act Civil Code § 51.7 (all defendants); 5. Violation of Bane Act Civil Code § 51.7 (all defendants); 6. Civil Damages Arising out of Gender Violence (Doe 1 – Humb...

Excerpt: ...s performing cleaning and maintenance work in oil refineries) . . .” (Paragraph 5) “In or about 2000, Mr. Grange incorporated PLAINTIFF which subsequently entered into a business relationship with DEFENDANT pursuant to which Mr. Grange, on behalf of PLAINTIFF, introduced DEFENDANT into the California market and generated business in exchange for compensation in the form of a seventeen percent (17%) commission. This arrangement continued for a...

Excerpt: ...tend this deadline during the meet and confer process. Defendant served responses to special interrogatories by mail on January 16, 2020. The motions were filed on March 12, 2020, which is within 50 days. The motions are timely. Defendant served supplemental responses to form interrogatories on March 20, 2020. The motion was filed on April 17, 2020 which is within 50 days. The motion is timely. There is no contention that the responses were untim...

Excerpt: ...n a urologist. During surgery Dr. Stafford allegedly nicked Plaintiff's bladder requiring a second surgery, that the surgeries advanced his testicular cancer from Stage III to Stage IV. (Complaint Paragraphs 7 – 8) He vaguely alleges a failure to timely diagnose, but it is unclear which condition went undiagnosed. William Blowitz's wife, Mary Ann Blowitz, claims she has a loss of consortium due to this negligence. As both motions point out -- L...

Excerpt: ...Fraud Defendants concurrently move to strike all prayers for punitive damages and associated allegations. SUMMARY OF ALLEGATIONS The complaint is replete with unsupported legal conclusions which the court does not deem true even on demurrer. These include, but are not limited to, allegations of tolling due to concealment and malice. Plaintiff borrowed $765,000 from Greenpoint Mortgage Funding on May 10, 2006. In 2012 MERS conveyed beneficial inte...

Excerpt: ...laintiffs allege the specific property they placed in the box and their value, including precious metals and cash. (Paragraph 11) On September 5, 2017 Plaintiff Stacy Persinger went to the bank to access the safe deposit box. A Canadian vacation was planned, and the family's passports were secured there. Plaintiff was assisted by an assistant bank manager who, in Plaintiff's presence, used her key and his master key to open the box's door. He gav...

Excerpt: ...to Compel Compliance with Deposition Subpoena The City moves to compel Whittier Elementary School to comply with a deposition subpoena for production of business records that the City propounded on 1/21/20. The motion is denied for two reasons. First, the subpoena, attached to the moving papers as Exhibit B, includes a mostly blank proof of service. The proof of service does not indicate who was served, where, what date, what time, etc. The proof...

Excerpt: ...tiff alleges professional malpractice and as against Dr. Lim a cause of action for reckless misconduct. Plaintiff Elijah Edwards presented at the emergency room of Long Beach Memorial Hospital with a complaint of flank pain. He was treated by Dr. Lim. He suffered from tension pneumothorax. Plaintiff claims the condition required immediate treatment, but Dr. Lim failed to recognize the condition and abandoned the patient and left the clinic. The d...

Excerpt: ...ourt has ordered electronic service on a represented party or other represented person under subdivision (c) or (d).” The Rule does not appear to require a written agreement. This action was filed on 10/2/18. CRC 1010.6(a)(2)(A)(i): “For cases filed on or before December 31, 2018, if a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of the document is not authorized unless a part...

Excerpt: ...t Rachel Streicher is the sole member of LLC. “Wilhelmina Stanley was a resident of defendant PGR and was therefore within the care and custody of defendants, and each of them. As a resident of PGR, Plaintiffs' decedent was under all defendants' 24 -hour care and supervision, and reliant upon defendants and each of them for her care, supervision, personal assistance and caregiving, security and safety, and meals.” (Paragraph 11) There are gen...

Excerpt: ...tion. “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages, as s...

Excerpt: ...les, State of California (Caltrans), Jessica Phillips, Lonnie Phillips, Tanesha Phillips, Tara Joy Fernandez, Sergio Fernandez, Shark Helmets North America, LLC, and Does 1 through 125, inclusive. For the purposes of the instant motion, the complaint's first cause of action alleges premises liability against Defendants Skating Edge Ice Arena and Erwin Heindl. The complaint's seventh cause of action alleges wrongful death/survival against all defe...

Excerpt: ... website and web hosting services, not for assistance in manufacturing Plaintiff's product. When Plaintiff threatened Defendant Cyberset with a lawsuit, Defendant Kalhor threatened to burn Plaintiff to death if he filed the lawsuit. On July 24, 2018, Plaintiff filed a complaint against Defendants Shahab Saba (“Saba”), Siamak Kalhor (“Kalhor”), and Cyberset Corp., asserting the following causes of action: 1. Elder Abuse 2. Fraud 3. Fraudul...

Excerpt: ...e damages based on the subject suburban containing defective parts. TR: GRANT Plaintiff's request for judicial notice is granted. (Evid. Code § 452.) Defendant moves the Court for a protective order. Defendant argues that Plaintiffs are not entitled to capture GM's confidential computer modeling technology and objects to producing the models themselves or any documents or answers to discovery questions that reveal the contends of those models. C...

Excerpt: ...Deposit 6. Violation of Unfair Competition Law Additionally, Defendant Silver moves to strike the AC as to punitive damages, and as to the fourth, fifth, and sixth causes of action. Defendant Silver also moves to strike the prayer for relief in its entirety. ALLEGATIONS On August 8, 2018, Plaintiffs filed the initial complaint against Defendants Oceans 11 RV Park LLC, Oceans 11 RV Rentals & Storage, and Does 1-25, alleging the first three causes ...

Excerpt: ...ed “distributor pricing” on Plaintiff's products and then made money selling the products at higher prices to third parties. Plaintiff shipped the products to Defendants and sometimes to Defendants' customers when requested. Plaintiff alleges that Defendants did not pay all the money owed to Plaintiff. Plaintiff commenced this action to collect on the purchase agreements and invoices issued from August 31, 2015 to January 5, 2018. On February...

Excerpt: ...ctively “Plaintiffs”) filed their initial complaint. Defendant San Pedro Convalescent Home, Inc., dba Los Palos Convalescent Hospital (“Defendant” or “Los Palos”) was not a named defendant. Plaintiffs did not name any “Doe” defendants in their caption, though there were allegations against “Doe” defendants in the pleading. (See e.g., Complaint ¶¶ 10-11.) On November 14, 2018, Plaintiffs filed their first amended complaint (�...

Excerpt: ...ail because Williams cannot prove causation between her alleged exposure to arsenic at the Newcomb Academy School construction site, between June 1, 2016 and June 3, 2015, and any resulting injury. Williams's retaliation claim fails because Defendant did not employ Williams. MWL's breach of contract and breach of implied covenant of good faith and fair dealing fail because MWL cannot establish its performance of the underlying contract, excuse fo...

Excerpt: ...perty. On October 24, 2019, City filed a Cross-Complaint against Ray and Armando. Trial is currently set for September 8, 2020. ALLEGATIONS: Only the third cause of action for dangerous condition of property is claimed against City. Plaintiff alleges that on January 14, 2017, she was seriously injured by a vehicle driven by Ray while she was walking across a cross-walk in Long Beach. (Complaint, ¶ DCP-2.) City permitted the intersection to const...

Excerpt: ...f action against Defendants. Defendants move to strike paragraphs 6 and 7 of the FAC on the ground that the allegations constitute an improper request for relief. BACKGROUND On December 26, 2018, Plaintiff Creative Recovery Concepts, Inc. (“Plaintiff”) filed a verified complaint to quiet title against Defendants. Plaintiff filed the FAC on May 20, 2019. Plaintiff alleges that on November 28, 2012, a Judgment was obtained by Old Mission, LLC a...

Excerpt: ...r punitive damages. ALLEGATIONS Defendants owned real property at 855 W. Willow Street in Long Beach, California (the “Property”). Plaintiff alleges that on February 18, 2019, Defendants entered into a listing agreement with Plaintiff by which Plaintiff would represent Defendants in the listing and sale of the Property (the “Listing Agreement”). While both Defendants were named on the Listing Agreement, only Defendant Edward D. Cha (“Mr...

Excerpt: ...aret Williams contracted with LBUSD to serve as “Facilities Consultant in charge of overseeing environmental compliance with LBUSD construction sites.” In 2013 she entered a second contract with LBUSD to provide “project management and planning consulting services for the facilities development and planning branch.” One project was the site of the Newcomb Academy. In this consolidated complaint she brings suit against the general contract...

Excerpt: ...e all documents, without objections, to Categories 5 and 8 of the Subpoena for Production of Documents served by Defendant on or about September 13, 2019. STANDARD C.C.P. §2025.480 provides, in pertinent part, as follows: (a) If a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing under the deponent's control that is specified in the deposition notice or a deposition subpoena, t...

Excerpt: ...iods, failure to provide required meal periods, failure to provide required rest periods, failure to pay all wages owed after separation, failure to provide accurate wage statements, unfair business practices, and civil penalties under PAGA. DEMURRER TR: Defendants Intermodal Bridge Transport, Inc. and Ozwaldo Zea demur to the first amended complaint's fourth and fifth causes of action for violation of California meal and rest period violations. ...

Excerpt: ...levant Law A party may move for an order compelling further response to a request for production of documents if the demanding party deems that responses are incomplete, evasive, or contains objections. (Code Civ. Proc., § 2031.310, subd. (a).) A motion to compel further responses to requests for production “shall set forth specific facts showing good cause justifying the discovery sought by the inspection demand.” (Code Civ. Proc., § 2031....

Excerpt: ...Del Sol Realty and Associates, Andalucia Lending Institution, Inc., and Spectrum Lighting Services (“Defendants.”) The action arises out of the alleged breach of promissory notes made by Defendant Hernandez as borrower where Lydia Rojas, Plaintiff's predecessor-in-interest, was the beneficiary. (Compl., ¶ 1.) Defendant Hernandez, a real estate broker, issued a series of promissory notes beginning in 1993 whereby he was the borrower and Lydia...

Excerpt: ...fendant Shun PA, M.D. (“Defendant”), who provided medical care to Plaintiffs' daughter in the emergency department. On May 1, 2018, Plaintiffs filed their complaint.[1] On November 7, 2019, Defendant testified at his deposition. Plaintiffs' counsel asked Defendant certain questions that Defendant upon instruction by his counsel did not answer. On January 17, 2020, Plaintiffs filed this motion seeking to compel Defendant to answer certain ques...

Excerpt: ...neral contractor. One of the subcontractors Gundry hired for the project was Production Plumbing, Inc. dba Major League Plumbing (“MLP”) In the complaint, Gundry alleges Maverick failed to pay for all services rendered. On January 26, 2018, Maverick filed a cross-complaint against Gundry. The cross-complaint alleges some of the construction work was defective. On April 3, 2018, Gundry filed a cross-complaint against MLP, and other subcontract...

Excerpt: ... abetting conversion, conspiracy to commit conversion, civil claim for receipt of stolen property – Penal Code §496(c), unjust enrichment, common count: money had and received – quantum meruit, intentional infliction of emotional distress, violation of Usury Laws – loansharking, cancellation of written instruments – Civil Code §3412, rescission of written instruments, injunctive relief, and declaratory relief. (1) DEMURRER TO COMPLAINT ...

Excerpt: ...Butler Chemicals, Inc. Thereafter, both Defendants continued to solicit Plaintiff's customers with Plaintiff's confidential information. The first amended complaint was filed August 16, 2018, and it asserts causes of action against Defendants Butler Chemical, Inc. and Gary Erlandson for: 1. BREACH OF WRITTEN CONTRACT; 2. BREACH OF FIDUCIARY DUTIES AND OBLIGATIONS; 3. INTERFERENCE WITH CONTRACTUAL RELATIONS; 4. INTERFERENCE WITH PROSPECTIVE ECONOM...

Excerpt: ... entered into a contract with Defendant Maverick Decatur Georgia, LLC (“Maverick”) to complete construction for tenant improvements. Plaintiff Gundry acted as the general contractor. One of the subcontractors Gundry hired for the project was K&S Air Conditioning, Inc. (“K&S”) In the complaint, Gundry alleges Maverick failed to pay for all services rendered. On January 26, 2018, Maverick filed a cross-complaint against Gundry. The cross-co...

Excerpt: ...nergy and Jason Vogel filed an answer to the first amended complaint. On January 27, 2020, Plaintiffs filed a Request for Dismissal, dismissing Eric Broughard, Shelley Hockett, Marlon West, Michael Miller, and Lyddy Martin Insurance from this action. INTRODUCTION Defendants Hagerty Insurance Agency, LLC (“Hagerty”), McKeel Hagerty, Louise Hagerty, Michelle Ayers, Christina Verschaeve, Essentia Insurance Company (“Essentia”), Markel Corpor...

Excerpt: ...l detainer action against Defendants Mohan Makkar and Crown Investments, LLC (collectively, “Defendants”). A first amended complaint was subsequently filed. It is alleged in the complaint that on September 8, 2017, the parties entered into a written lease agreement whereby Defendants agreed to pay rent of $17,798.00 per month, payable on the first of the month, for a two-year term. Defendants are alleged to be in possession of property at 411...

Excerpt: ...an Servicing, LLC, erroneously sued as “Ocwen Loan Servicing, LLC” and “PHH Mortgage services” (“PHH”), Mortgage Electronic Registration Systems, Inc. (“MERS”), and U.S. Bank National Association, as Trustee for Lehman XS Trust, Series 2006-GP4, erroneously sued as “U.S. Bank, National Association, as Trustee for Lehman XS Trust, Series-GPA” (“U.S. Bank”)(collectively, “Defendants”) demur to Plaintiff's First Amended C...