Excerpt: ...�) that Petitioner received an overpayment of unemployment insurance benefits. Respondent opposes the petition, which is denied. FACTUAL BACKGROUND On September 21, 2021, The EDD notified Petitioner that it determined he had been overpaid unemployment insurance benefits. [1] (AR 5.) The EDD found that “benefits were paid before it was known that you had earnings over $25.99.” (AR 5.) The EDD reported to Petitioner it had added a statutory pen...

Excerpt: ...rative hearing relating to allegations of sexual misconduct. The court (Beckloff, J.) denied the writ and entered judgment in favor of Respondents. Petitioner filed a timely appeal, and the District Court of Appeal, Division Five, affirmed the judgment. Now, Respondents seek to amend the judgment to enter costs in the amount of $5,813.70, and to include Petitioner's true name on the judgment. The motion is granted in part and denied in part. A. C...

Excerpt: ...ehalf of the plaintiff in Case Number BC661807, who is Mr. Anthony Miramontes. Plaintiff alleges that Mr. Yates did not pay him a share of the fees for one of the settlements, the “Lime Grove settlement.” Yates argues that this settlement was not covered by the parties' referral agreement. Plaintiff alleges as follows in the operative complaint: Edward Steinbrecher (“Steinbrecher”) was an attorney who maintained a practice, Edward Steinbr...

Excerpt: ...r Plaintiff SoCal Lien Solutions, LLC (“Plaintiff”) filed this breach of contract action against BDB Properties (“Defendant”), based upon having been assigned the claim, per Civil Code section 954. The Court incorporates its minute orders of March 23, 2021, and September 29, 2023, by reference and includes the relevant details in this order. Plaintiff filed this action on August 8, 2019. The summons and original complaint were served on �...

Excerpt: ... Inc. (“Modern HR”); and Amanda Moore (“Moore”). All of the defendants except CPE and Modern HR filed a motion to compel arbitration on May 31, 2023, and CPE and Modern HR filed a notice of joinder on June 1, 2023. Plaintiff opposed the motion, which the Court granted on August 17, 2023, and the Court stayed the case. Notwithstanding the stay, Plaintiff's counsel named six more defendants to this case on September 18, 2023. Then, Plaintif...

Excerpt: ... true, and that Leslie Lindeman —who is Karyn McCarthy's husband—should be excluded because he is a percipient witness in this case. On August 10, 2023, the parties agreed to schedule Plaintiff's deposition for September 29, 2023. (Declaration of Corey G. Singer, ¶ 6.) The night before the deposition—September 28, 2023, at 5:00 p.m.—Plaintiff's counsel asked that Lindeman should be added to the list for building security. (Id., ¶ 8.) De...

Excerpt: ...rbitration as to Plaintiff's claims against Carwell and denied the motion as it related to Mercedes -Benz. On February 5, 2024, Plaintiff filed a notice of settlement and motion for attorneys' fees, as well as a copy of Defendant's settlement offer under Code of Civil Procedure section 998. Defendant offered $5,000 in attorneys' fees but gave Plaintiff's counsel the option of “allow[ing] the Court to determine, in a noticed motion and/or by Pla...

Excerpt: ...ated to Mercedes- Benz. On February 5, 2024, Plaintiff filed a notice of settlement. Plaintiff's counsel seeks $39,192 in attorneys' fees based upon 85.2 hours at a billing rate of $460 per hour. Defendants oppose the motion, arguing that Plaintiff's counsel is entitled to only $7,945 in attorneys' fees. The determination of reasonable amount of attorney fees is within the sound discretion of trial courts. ( PLCM Group v. Drexler (2000) 22 Cal.4t...

Excerpt: ...periencing difficulty appearing remotely, she may contact the Court's clerk, Roberto Mendoza, at (213) 633 -0159, and he will arrange for her to appear via telephone. [TENTATIVE] ORDER Plaintiff Fredy Wembe (“Plaintiff”) filed this employment action against Defendants Target Corporation and Manuel Quijada (collectively, “Defendants”). Now, Defendants move to compel Judith Andrades, formerly known as Judith Parada (the “Deponent”), who...

Excerpt: ...underpaid for this medical care. Defendant now demurs to the first amended complaint. “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” ( Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In ruling on a demurrer, the court must “liberally construe[]” the allegations of the complaint. (Code Civ. Proc., § 452.) “This rule of liberal construction means that the reviewing court d...

Excerpt: ...t and general partner of Group V, which owns the subject premises. (See Declaration of Mike Nijjar, ¶ 1.) Group V seeks a protective order to prevent Plaintiffs from taking this deposition, arguing that it is an apex deposition. Plaintiff represents that Nijjar is the sole partner and employee of Group V. Counsel for Group V does not dispute that representation. Because Nijjar is the only partner/employee, there is no less intrusive means of obt...

Excerpt: ...to a pleading, may serve and file a motion to strike the whole pleading or any part thereof. (Code Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, rule 3.1322, subd. (b).) On a motion to strike, the court may: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an ord er of the cour...

Excerpt: ...g that the claim is not precluded by the “ministerial exception” to the state's employment laws. Specifically, the Court found as follows: “Plaintiff alleges that Defendant terminated him without following the proper procedures in the contract and bylaws. (First Amended Complaint, ¶¶ 8, 11.) The first amended complaint is not predicated upon any alleged issues with Plaintiff's performance o r qualifications. Therefore, the only inquiry is...

Excerpt: ... with his employment with the City of Los Angeles by communicating false information about him. Plaintiff asserts the following cases of action against the City of Riverside: Fifth COA – Intentional Interference with Contractual Relations Sixth COA – Intentional Interference with Prospective Economic Advantage Seventh COA – Negligent Interference with Prospective Economic Advantage Now, the City of Riverside moves for summary judgment on mu...

Excerpt: ...nd and uses screen readers in order to access the internet and read website content.” (Complaint, ¶ 7.) Plaintiff alleges that Defendant's website is not accessible. (Complaint, ¶¶ 4, 7.) Now, Defendant demurs to the complaint and moves to strike the prayer for injunctive relief and allegations concerning “tester standing.” “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis ...

Excerpt: ... ¶ 6.) On or about May 4, 2004, Defendant entered into a sublease with Plaintiff whereby Plaintiff leased the property. (Id., ¶ 7.) Plaintiff alleges that the term of the lease was 10 years, from August 1, 2004, through July 31, 2014. (Id., ¶ 7.) The sublease provided three options for Plaintiff to extend the lease. (Id., ¶ 9.) Each option was for a five -year extension, meaning that the total lease term could be 25 years. (Ibid.) Plaintiff a...

Excerpt: ...ach of contract, breach of the covenant of good faith and fair dealing, promissory estoppel, and failure to pay wages under Labor Code section 201. Plaintiffs allege as follows: Karyn McCarthy is a well -known and two -time Emmy nominated producer of television programs and motions pictures. (First Complaint, ¶ 11.) In February and March 2022, Plaintiff's agent solicited three opportunities for her to serve as executive producer of a new televis...

Excerpt: ... the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence, while a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. The trial court sits as the trier of fact, weighing all the affidavits, declarations, and other documentary evidence, and any oral testimony the court may receive at its discretion, to reach a final determinati...

Excerpt: ...have the matters specified in the Requests for Admission, Set One (“RFAs”) deemed admitted by Plaintiff Genesis Pink. The RFAs were served on or about April 5, 2023. (Declaration of Michael B. Seuylemezian, dated December 28, 2023, ¶ 2.) Plaintiff had not responded to the RfAs as of the time the motion was filed. (Id., ¶ 5.) The Court heard this motion on January 25, 2024, and continued the motion to afford Plaintiff a final opportunity to ...

Excerpt: ... and unfair competition under Business and Professions Code section 17200. Plaintiff alleges as follows: Plaintiff is a “talent alignment and product development company with a focus on the beauty and cosmetics space.” (Complaint, ¶ 1.) Plaintiff retained Defendant as “a consultant to negotiate and secure talent partnerships on behalf of Plaintiff.” (Ibid.) However, Defendant “engaged in a series of covert and unauthorized actions that...

Excerpt: ...mely “Green Auto,” which is an auto body repair business (the “business”). (Id., ¶ 8.) On or about August 30, 2021, the parties entered into written agreements for Plaintiff to purchase the property and business. (Id., ¶ 9.) Per the agreements, Plaintiff agreed to pay Defendant $5.3 million for the property and $900,000 for the business. (Id., ¶ 11.) Plaintiff made earnest money deposits of $100,000 for the property and $900,000 for th...

Excerpt: ...e process rights, and 14th amendment rights, causing plaintiff to suffer severe financial and emotional hardship.” On December 26, 2023, Plaintiff filed an amendment to fictitious name, naming Neal Blinde as Doe 1. On January 30, 2024, Defendant Blinde filed the instant motion to quash service of summons. Plaintiff filed her opposition on February 15, 2024. LEGAL STANDARD “[T]he court in which an action is pending has jurisdiction over a part...

Excerpt: ...vorced on December 30, 2011, following a ten -year marriage. (Complaint, ¶ 5.) Afterwards, Plaintiff continued to live with Hoffman until late 2013. (Ibid.) After Plaintiff vacated Hoffman's residence, he continued to ask her to move back into his house and to care for him. (Ibid.) Between 2014 and Hoffman's death, Plaintiff provided personal care, specifically, she checked his vital signs, ordered his medications, made his appointments, and too...

Excerpt: ...tition to compel arbitration “bears the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence, while a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. The trial court sits as the trier of fact, weighing all the affidavits, declarations, and other documentary evidence, and any oral testimony the court may receive at its dis...

Excerpt: ...ay serve and file a motion to strike the whole pleading or any part thereof. (Code Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, rule 3.1322, subd. (b).) On a motion to strike, the court may: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an ord er of the court. (Code Civ. Pr...

Excerpt: ...ng Partners, L.P. (“Defendant”) asserting the following causes of action: (1) Civil Fraud in violation of Government Code section 14842.5(2); (2) Violation of Government Code section 129279(c)(1); (3) Harassment and retaliation in violation of the Fair Employment and Housing Act (“FEHA”), Government Code section 12940(j); (4) Business Malpractice in violation of Civil Procedure section 340.5; (5) Fraud; (6) Intentional Tort; (7) Negligenc...

Excerpt: ...ectively, “Defendants”). Maria Camaco filed a cross-complaint against Wildflower on November 3, 2023. Wilton filed a cross-complaint against Wildflower and Ernst & Young Inc. (“E&Y”) as receiver for Wildflower on December 5, 2023. Now, Wildflower demurs to Wilton's cross-complaint and moves to strike the remedy of specific performance. The demurrer is overruled. LEGAL STANDARD “It is black letter law that a demurrer tests the legal suff...

Excerpt: ...ectively, “Defendants”). Maria Camaco filed a cross-complaint against Wildflower on November 3, 2023. Wilton filed a cross-complaint against Wildflower and Ernst & Young Inc. (“E&Y”) as receiver for Wildflower on December 5, 2023. Now, Wildflower demurs to Wilton's cross-complaint and moves to strike the remedy of specific performance. The demurrer is overruled. LEGAL STANDARD “It is black letter law that a demurrer tests the legal suff...

Excerpt: ...ks to continue the discovery cut -off and to obtain contact information for the following witnesses: (1) Hillary Olsen, who played a role in the decision to terminate Plaintiff; (2) Fidel Vivas, who “is a percipient witness to communicatio ns regarding Plaintiff's termination in documents produced by Defendant;” (3) Guillermo Escareno, Plaintiff's former manager; and (4) Joshua Portillo, a former employee who was present at Plaintiff's meetin...

Excerpt: ... §§ 815.2 & 820) Fifth COA – Breach of a Mandatory Duty to Report (Government Code § 815.6) Eighth COA – Negligence (Government Code §§ 815.2 & 820) A. Plaintiff's Motions in Limine 1. Motion in Limine #1 – GRANTED IN PART; DENIED IN PART Plaintiff's counsel seeks to exclude evidence of certain actions by his client. Plaintiff's counsel argues: “Plaintiff has been diagnosed with conditions like ADHD, depression, and anxiety, both bef...

Excerpt: ...ith and fair dealing, intentional infliction of emotional distress, wrongful termination, and defamation. Defendants now move to compel arbitration. The moving party on a petition to compel arbitration “bears the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence, while a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. ...

Excerpt: ...CPE”); Mo dern HR, Inc. (“Modern HR”); and Amanda Moore (“Moore”). All of the defendants except CPE and Modern HR filed a motion to compel arbitration on May 31, 2023, and CPE and Modern HR filed a notice of joinder on June 1, 2023. Plaintiff opposed the motion, which the Court granted on August 17, 2023, and the Court stayed the case. Notwithstanding the stay, Plaintiff's counsel named six more defendants to this case on September 18, ...

Excerpt: ...dition at issue in this lawsuit, which means Defendants are entitled to conduct their own mental examination of Plaintiff. Contrary to Plaintiff's counsel's argument, the motion is timely. Based upon the foregoing, the Court orders as follows: 1. Defendants' motion for a mental examination of Plaintiff is granted. Plaintiff shall make himself available for the examination within twenty (20) days. 2. The parties shall meet -and -confer forthwith a...

Excerpt: ...s. Defendant moves to a protective order, which Plaintiff opposes. The motion is granted. Code of Civil Procedure section 2025.420 provides, “The court, for good cause shown, may make any order that justice requires to protect any . . . deponent . . . from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense . . . .” (Code Civ. Proc., § 2025.420.) Per Liberty Mutual Insurance Co. v. Superior Court (1992) 10 Cal.Ap...

Excerpt: ...peal ordered that Defendants are entitled to recover their costs on appeal. However, Defendants' counsel also seeks $24,872.65 in attorneys' fees. Defendants' motion is problematic. As an initial matter, the notice of motion seeks only attorneys' fees “incurred in defending an appeal” of the Court's decision to grant the anti -SLAPP motion. However, the motion itself seeks a large amount of fees for judgment debtor proceedings in Defendants' ...

Excerpt: ...s and Professions Code section 17200 3. Breach of Contract 4. Breach of the Implied Covenant of Good Faith and Fair Dealing 5. Breach of Quasi-Contract 6. Negligence 7. Fraudulent Inducement ICANN is a California non- profit public benefits corporation with its principal place of business in Los Angeles, California. (Complaint, ¶ 13.) ICANN registers internet domain names. (Id., ¶ 2.) In March 2000, X.com merged with Confinity to create PayPal....

Excerpt: ...ce for breach of contract – Both defendants 2. Breach of contract – TGB Promotions 3. Violation of the Professional Boxing Safety Law, 15 U.S.C. § 6307e(b) – Both defendants 4. Violation of the Professional Boxing Safety Law, 15 U.S.C. § 6304(4) – Both defendants 5. Conspiracy to violate the Professional Boxing Safety Law – Both defendants 6. Unfair business practices – Both defendants 7. Promissory estoppel – Both defendants 8. D...

Excerpt: ...eventually led to his death. Plaintiff proceeded to trial on claims for intentional infliction of emotional distress, negligence, and trespass to chattels. The Court granted Defendant's motion for nonsuit on the claim for intentional infliction of emotional distress. The jury returned a verdict in favor of Plaintiff on the remaining causes of action and awarded a total of $255,000 in damages based upon $5,000 in economic damages, $150,000 in past...

Excerpt: ...the evidence, while a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. The trial court sits as the trier of fact, weighing all the affidavits, declarations, and other documentary evidence, and any oral testimony the court may receive at its discretion, to reach a final determination.” (Ruiz v. Moss Bros. Auto Group, Inc. (2014) 232 Cal.App.4th 836, 842, internal quotat...

Excerpt: ...t 22, 2019, Plaintiff referred a case to Defendants, and the parties had an oral agreement pursuant to which Defendants would pay her a referral fee of 50% of all proceeds from the case. Plaintiff did not have a signed fee sharing agreement per the California Rules of Professional Conduct, rule 1.5.1. Defendants allegedly stated that a signed agreement “would not be needed when she became an employee of the Law Firm of Arash Khorsandi, APC.” ...

Excerpt: ...Plaintiff alleges that he worked for Defendants, earning significant “commissions, revenue and income.” (Id., ¶ 10.) Plaintiff alleges that Defendants have refused to pay him owed commissions since January 15, 2020. (Ibid.) Accordingly, Plaintiff asserts causes of action for accounting, fraud, and common counts. Defendants demur to the second cause of action, fraud. Plaintiff must allege fraud with particularity. “This means: (1) general p...

Excerpt: ... and properly informed its insurer—Defendant—of the lawsuit. Plaintiff alleges that Defendant wrongfully, unreasonably, and intentionally refused to honor its duty to investigate and defend. Defendant demurs to the complaint. “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In ruling on a demurrer, the court must “liberally c...

Excerpt: ...h respect to the third and fourth causes of action. Defendants then moved to compel arbitration of the remaining claims, and the Court granted that motion. Now, Plaintiff moves to vacate the Court's order and return this case to the Superior Court based upon Defendants' alleged failure to pay the arbitration fee before the deadline. Under the California Arbitration Act, in an employment arbitration, if the employer fails to timely pay the fees an...

Excerpt: ...d assist Spina with its social media presence. Pittleman alleges that she is owed $177,000 for her work. Spina alleges that it agreed to give Pittleman a commission of 10% on the net profits from new sales made by Pittleman to Spina's existing customer Healthy Spot. Spina alleges that Pittleman demanded a 25% interest in the company, and when Spina refused, Pittleman allegedly shut down its website and removed its products from Spina's social med...

Excerpt: ...d support in the amount of $4,058 per month. (First Amended Complaint, ¶ 10.) The parties subsequently purchased a condominium with Plaintiff holding a one percent interest and Defendant holding a 99% interest. (Id., ¶ 12.) In or about September 2016, the parties agreed to modify Defendant's child support payments. (Id., ¶ 13.) Defendant agreed to a monetary increase and to execute a deed transferring to Plaintiff an additional 43% interest in...

Excerpt: ...yan Nourafchan, Mehdi Vosogh, and 9419 Mason Partners LLC (“Mason”) (collectively, “Defendants”). This action stems from Defendants' interest in using Original Balboa's license to operate multiple different cannabis businesses at that location. Plaintiffs allegedly leased industrial space from Mason Partners and Defendant Nourafchan. Now, Defendants move for a protective order and monetary sanctions and move for an order disqualifying Pla...

Excerpt: ...ion in the first amended complaint: First COA – Disability discrimination under the Fair Employment and Housing Act (“FEHA”) Second COA – Failure to prevent discrimination/harassment Third COA – Retaliation under FEHA Fourth COA – Violation of the California Family Rights Act Fifth COA – Harassment under FEHA Sixth COA – Retaliation under Labor Code section 1102.5 The Court struck a second amended complaint that was filed without ...

Excerpt: ...ties appeared and reported that they resolved the issue of attorneys' fees but “the surrender of the vehicle ha[d] not yet occurred.” (See Court's Minute Order, dated June 15, 2023.) The parties appeared on August 3, 2023, and Plaintiff's counsel “represent[ed] that she is still awaiting the vehicle surrender.” (See Court's Minute Order, dated August 3, 2023.) Plaintiff's counsel filed a motion to enforce the settlement on September 12, 2...

Excerpt: ...on against Defendants asserting various causes of action stemming from the parties' landlord-tenant relationship. Defendants demur to the complaint and move to strike certain allegations. However, Defendants' counsel filed two copies of the motion to strike and did not file the demurrer. Therefore, the Court continues the hearings on the demurrer and motion to strike to March 8, 2024, at 8:30 a.m. The Court orders Defendants to file the demurrer....

Excerpt: ...and to recall and quash the writ of execution. Defendant argues that the judgment is void because the complaint alleges damages in the amount of $103,436, and the default judgment imposes joint and several liability in the amount of $281,663.75 (in addition to prejudgment interest, attorneys' fees, and costs). Defendant also argues that the judgment is void because it includes a PAGA penalty of $22,500 but does not include the State of California...

Excerpt: ...of action, alleging that Defendant did not pay Plaintiff her rightful share of the revenue profits of the limited liability company. Plaintiff alleges that Defendant made unauthorized distributions of revenue and profit to himself since 2006 and failed to account to Plaintiff for her ownership interest in the limited liability company. The parties previously appeared before the Court on Plaintiff's motion for appointment of a receiver, but the pa...

Excerpt: ...d, and fourth causes of action. “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In ruling on a demurrer, the court must “liberally construe[]” the allegations of the complaint. (Code Civ. Proc., § 452.) “This rule of liberal construction means that the reviewing court draws inferences favorable to the plaintiff, not the def...

Excerpt: ...aintiff to fees relating to Mr. Yates' work on behalf of the plaintiff in Case Number BC661807, who is Mr. Anthony Miramontes. Plaintiff alleges that Mr. Yates did not pay him a share of the fees for one of the settlements, the “Lime Grove settlement.” Yates argues that this settlement was not covered by the parties' referral agreement. On September 26, 2023, the Court granted Defendants Steve Vartazarian and his practice's motion for judgmen...

Excerpt: ...ious clubs and functions, and Pineda was an unpaid volunteer for the Montecito Heights Seniors Club (the “Seniors Club”). In October 2017, the Seniors Club scheduled a trip to Las Vegas, which required two buses. The Seniors Club contracted with Arriage to provide the buses, but he did not have any buses available for the trip, so he subcontracted with Defendant. Defendant had only one bus available, so he subcontracted the other bus to a com...

Excerpt: ...5, intentional infliction of emotional distress, and conspiracy. Plaintiff also asserts a claim for punitive damages. The Court previously sustained the demurrer and granted the motion to strike with leave to amend. The Court previously sustained Defendants' demurrer but granted leave to amend. The original complaint alleged that Plaintiff was subjected to a “sham” investigation, but it was unclear whether the investigation was non-existent a...

Excerpt: ...old a hearing and expressly find that (i) there exists an overriding interest supporting closure and/or sealing; (ii) there is a substantial probability that the interest will be prejudiced absent closure and/or sealing; (iii) the proposed closure and/or sealing is narrowly tailored to serve the overriding interest; and (iv) there is no less restrictive means of achieving the overriding interest.” (NBC Subsidiary (KNBC‐ TV), Inc. v. Superior ...

Excerpt: ...ludes the relevant details in this order. Plaintiff filed this action on August 8, 2019. The summons and original complaint were served on “Vanik Vergovian of Shalili & Shalili—Agent for Service” at “1200 S. Hope Street, Ste. 1000, Los Angeles, CA 90015.” Plaintiff obtained a default judgment, following which Defendant filed an ex parte application to set aside that default judgment. The Court gave Defendant the benefit of the doubt and...

Excerpt: ...ssment, defamation and trade libel, intentional infliction of emotional distress, interference with existing and prospective contractual relationships, and unfair competition. Shawn Yadidi and Promed filed a first amended cross-complaint against Plaintiffs asserting causes of action for civil conspiracy for fraud, misappropriation of trade secrets, and unfair business practices. The complaint was filed on December 21, 2021, and the first amended ...

Excerpt: ...Housing Act, Government Code section 12900, et seq. Defendant now moves for summary judgment, which Plaintiff opposes. When deciding issues of adverse employment actions, such as discrimination and retaliation, the Court applies the McDonnell Douglas Corp. v. Green (1973) 411 U.S. 792 shifting burdens test. (Caldwell v. Paramount Unified School Dist. (1995) 41 Cal.App.4th 189, 203; Loggins v. Kaiser Permanente Intern. (2007) 151 Cal.App.4th 1102,...

Excerpt: ...complaint and move to strike the prayer for attorneys' fees and punitive damages. A. Demurrer The Court sustains the demurrer to the first cause of action (breach of contact). Plaintiffs have not attached a copy of the lease. Nor do Plaintiffs sufficiently allege the term(s) that was allegedly breached. Plaintiffs allege only that the lease requires “habitable, safe and clean-living quarters.” (First Amended Complaint, ¶ 39.) This summary do...

Excerpt: ...ctions under the Fair Employment and Housing Act, “a prevailing defendant shall not be awarded fees and costs unless the court finds the action was frivolous, unreasonable, or groundless when brought, or the plaintiff continued to litigate after it clearly became so . . . .” (Gov. Code, § 12965, subd. (b); see also Huerta v. Kava Holdings, Inc. (2018) 29 Cal.App.5th 74, 76.) The Court finds that Plaintiff's action against Defendants, while u...

Excerpt: ...D #77 and RPD #78 – Defendants seek to compel Plaintiff to produce “any and all mobile and/or personal cellular devices” that he maintained/used from January 1, 2015, through the present, as well as all passwords necessary to access them. On its face, this request is overly broad. Defendants may request specific documents (i.e., all written communications with other Target employees/supervisors). If so, Plaintiff would be required to produc...

Excerpt: ...ans: (1) general pleading of the legal conclusion of fraud is insufficient; and (2) every element of the cause of action for fraud must be alleged in full, factually and specifically, and the policy of liberal construction of pleading will not usually be invoked to sustain a pleading that is defective in any material respect.” (Wilhelm v. Pray, Price, Williams & Russell (1986) 186 Cal.App.3d 1324, 1331.) There are four circumstances in which no...

Excerpt: ...sonable, or groundless when brought, or the plaintiff continued to litigate after it clearly became so . . . .” (Gov. Code, § 12965, subd. (b); see also Huerta v. Kava Holdings, Inc. (2018) 29 Cal.App.5th 74, 76.) The Court finds that Plaintiff's action against Defendants, while ultimately unsuccessful, was not frivolous. Defendant Arjang Naim, M.D. relies on Plaintiff's discovery responses, but these responses were served prior to the close o...

Excerpt: ...gent misrepresentation, false promise, willful and reckless misconduct, and gross and ordinary negligence. The gravamen of Plaintiff's case is straightforward: He alleges that he was not awarded the Davis Alumni Award in retaliation for having filed complaints for disability and religious discrimination. Now, Defendant moves for an order declaring Plaintiff to be a vexatious litigant under Code of Civil Procedure section 391, et seq., an order re...

Excerpt: .... Now, Defendant demurs to the declaratory relief claim and moves to strike the prayers for punitive damages and attorneys' fees. A. Claim for Declaratory Relief The Court sustains the demurrer to the declaratory relief claim. The Court agrees with Defendant: A declaratory relief action is inappropriate when a plaintiff has an adequate remedy on other causes of action at trial. (See Hood v. Superior Court (1995) 33 Cal.App.4th 319, 324; Californi...

Excerpt: ...urrer to these causes of action with leave to amend. Plaintiff amended these causes of action, to which Defendant demurs. The Court overrules the demurrer. LEGAL STANDARD “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In ruling on a demurrer, the court must “liberally construe[]” the allegations of the complaint. (Code Civ. P...

Excerpt: ...ousehold businesses, like handymen, electricians, plumbers, etc. Porch identified Kandela as a potential merger partner. Eventually, Porch acquired Kandela in March 2019. The parties had issues transitioning Kandela's business into Porch, and litigation ensued. Because the asset purchase agreement contained an arbitration clause, the parties proceeded to arbitration with JAMS Arbitration. On July 8, 2022, the arbitrator issued an award in favor o...

Excerpt: ...of emotional distress, and conspiracy. Plaintiff also asserts a claim for punitive damages. The Court previously sustained the demurrer and granted the motion to strike with leave to amend. Plaintiff filed a first amended complaint, and Defendants again demur to the causes of action and move to strike the prayer for punitive damages. The Court overrules the demurrer by the County of Los Angeles and sustains the demurrer by the individual defendan...

Excerpt: ... Johnny Smith used a racial epithet in reference to LAPD Captain German Hurtado and his family, which facilitated an internal affairs investigation. Because Plaintiff allegedly witnessed the comment, he was interviewed, following which Captain Smith allegedly retaliated against him. This action followed, and Plaintiff seeks certain discovery from the City of Los Angeles pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531 and its progeny. ...

Excerpt: ...r breach of contract – Both defendants 2. Breach of contract – TGB Promotions 3. Violation of the Professional Boxing Safety Law, 15 U.S.C. § 6307e(b) – Both defendants 4. Violation of the Professional Boxing Safety Law, 15 U.S.C. § 6304(4) – Both defendants 5. Conspiracy to violate the Professional Boxing Safety Law – Both defendants 6. Unfair business practices – Both defendants 7. Promissory estoppel – Both defendants 8. Declar...

Excerpt: ...allegations of a pleading subject to a motion to strike as a whole, all parts in their context, and assume their truth.” (Clauson v. Superior Court (1998) 67 Cal.App.4th 1253, 1255.) To state a prima facie claim for punitive damages, a plaintiff must allege the elements set forth in the punitive damages statute, Civil Code section 3294. (Coll. Hosp., Inc. v. Superior Court (1994) 8 Cal.4th 704, 721.) Per Civil Code section 3294, a plaintiff mus...

Excerpt: ...�judges read allegations of a pleading subject to a motion to strike as a whole, all parts in their context, and assume their truth.” (Clauson v. Superior Court (1998) 67 Cal.App.4th 1253, 1255.) The motion is granted in part and denied in part. A. Punitive Damages To state a prima facie claim for punitive damages, a plaintiff must allege the elements set forth in the punitive damages statute, Civil Code section 3294. (Coll. Hosp., Inc. v. Supe...

Excerpt: ...han Mendoza) have been served but never filed answers and Plaintiff never sought entry of default. Two individual defendants (Mario Barraza Ramirez and David Ibarra) were never served. Now, Plaintiff seeks a preliminary injunction against SolarPro and six of the individual defendants: (1) Sebastian Molina, (2) Carlos Felipe Manriguez, (3) Jonathan Mendoza, (4) Jose Mendoza, (5) Reyna Mendoza, and (6) David Ibarra. The motion is denied with respec...

Excerpt: ...ond to a pleading, may serve and file a motion to strike the whole pleading or any part thereof. (Code Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, rule 3.1322, subd. (b).) On a motion to strike, the court may: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the c...

Excerpt: ...ode section 905(m) retroactive to include conduct in years prior to 2009. Now, the LAUSD demurs to the first and third causes of action (which are the claims against the LAUSD), arguing that AB 218 violates the California Constitution's prohibitions against the gift of public funds. Prior to the passage of AB 218, Government Code section 905 exempted claims of childhood sexual abuse occurring on or after January 1, 2009, from the claims presentat...

Excerpt: ...ion 367.76, subdivision (h)(2), and California Rules of Court, rule 3.672, subdivision (d). Plaintiffs seek authorization to appear remotely. The Court previously continued the hearing because it had insufficient information to rule on the motion. Now, the Court denies both requests. As out-of-state residents, Plaintiffs are not required to appear and testify. (Code Civ. Proc., § 1989.) In lieu of their testimony, Plaintiffs' counsel may introdu...

Excerpt: ...The motion is denied. PLAINTIFF'S ALLEGATIONS Plaintiff filed this action on April 3, 2019, and filed first and second amended complaints on April 22 and April 30, 2019, respectively. In the operative complaint, Plaintiff asserts causes of action for violation of Labor Code sections 233 and 246.5, violation of the California Family Rights Act (“CFRA”), retaliation, failure to take steps to prevent discrimination/retaliation, violations of Lab...

Excerpt: ...an attorney who maintained a practice, Edward Steinbrecher, P.C. (the “practice”). (Complaint, ¶ 1.) Steinbrecher passed away, and in May 2019, the probate court appointed Plaintiff to be the practice administrator for the practice. (Ibid.) At the time of his death, Steinbrecher was handling a personal injury case on behalf of the plaintiff: Anthony Miramontes v. United Parcel Services, Inc., et al., Case No. BC661807 (the “Miramontes case...

Excerpt: ... 2023 Defendant Countys Motion for Summaty Judgment is granted. On April 14, 2022, Holly Biard and Nigel Carter ("Plaintiffs") filed a Complaint against the County of Los Angeles (the "County"), Los Angeles Sheriff's Department ("LASD") Deputy Gloria Lee ("Lee"), and Sargent Feder ("Feden. In September of 2022, Sargent Feder was dismissed from this action. Deputy Lee was never served. The Complaint alleges police misconduct arising out of a July ...

Excerpt: ... Nine, which sought to exclude the same evidence. (See Court's Minute Order, dated August 25, 2023.) The Court originally set the motion for hearing on September 26, 2023, but the Court continued the hearing because Plaintiff's counsel was unavailable. Previously, Plaintiff sought to introduce evidence of alleged harassment by two men, Shihan Dias and Robert Weissman. Plaintiff produced text messages from Dias, and the text messages with dates we...

Excerpt: ...atent defects in the planning or construction of improvements to real property must commence within ten years of substantial completion. (Code Civ. Proc., § 337.15.) “The date of substantial completion shall relate specifically to the performance or furnishing design, specifications, surveying, planning, supervision, testing, observation of construction or construction services by each profession or trade rendering services to the improvement....

Excerpt: ...ented a property in Beverly Hills with a monthly rent of $12,500 from Defendants. Plaintiffs allege that Defendants wrongfully entered the property on September 2, 2021, and changed the locks, constituting an unlawful eviction. Defendants filed a cross-complaint alleging causes of action for breach of contract, trespass, intentional misrepresentation, and civil extortion. Defendants allege that Plaintiffs stopped making rental payments in Decembe...

Excerpt: ...nducted a case management conference on October 2, 2019, and expressly reminded Defendants' counsel to post jury fees. Judge Feffer ordered: “Jury fees are to be posted by 10/4/19 or jury is waived.” (See Case Management Order, dated October 2, 2019; see also Court's Minute Order, dated October 2, 2019.) Defendant's counsel, Chad Biggins, Esq., was present at the case management conference. Defendants' counsel was present at the case manageme...

Excerpt: ...fendants were served personally, and the two entity defendants were served through the agent for service of process. Plaintiff's counsel used registered process servers for service of process. Plaintiff then obtained entry of defaults and a default judgment in the amount of $630,468.89. On October 25, 2023, Defendants' counsel filed an ex parte application for a temporary stay of enforcement of the judgment under Code of Civil Procedure section 9...

Excerpt: ...ness practices, breach of contract, breach of the implied covenant of good faith and fair dealing, declaratory relief, and unjust enrichment. Defendants filed a cross-complaint for breach of contract, for allegedly failing to pay legal fees. Now, Defendants move to compel arbitration in this case. The moving party on a petition to compel arbitration “bears the burden of proving the existence of a valid arbitration agreement by a preponderance o...

Excerpt: ...torney who maintained a practice, Edward Steinbrecher, P.C. (the “practice”). (Complaint, ¶ 1.) Steinbrecher passed away, and in May 2019, the probate court appointed Plaintiff to be the practice administrator for the practice. (Ibid.) At the time of his death, Steinbrecher was handling a personal injury case on behalf of the plaintiff: Anthony Miramontes v. United Parcel Services, Inc., et al., Case No. BC661807 (the “Miramontes case”)....

Excerpt: ...ance, and declaratory relief. Plaintiff alleges as follows: Defendants operate a security checkpoint at the intersection of Casiano Road and Stephen S. Wise Drive. (Complaint, ¶ 9.) In or about June, 2022, Defendants installed signs along Casiano Road directing non Bel Air Park resident traffic to use the left lane only and to stop at the security checkpoint. (Ibid.) Resident traffic, on the other hand, may bypass the security checkpoint. (Ibid....

Excerpt: ...his tentative order. The Court authorizes remote appearances. Any party who wishes to appear remotely but is experiencing difficulty may contact the Court's clerk, Roberto Mendoza, at (213) 633- 0159. Plaintiff Leia Brim (“Plaintiff”) filed this action against her former husband, Delrick McElwee (“Defendant”), asserting a cause of action for “intentional tort.” Plaintiff alleges that Defendant “harassed” her and “made terrorists...

Excerpt: ...the Plaintiffs and engaged in selective enforcement of the Governing Documents to Plaintiffs' financial and emotional detriment most notable since the beginning of 2019.” (Id., ¶ 24.) Plaintiffs allege that the building manager, Peter Ong, failed to address at least 26 written incident reports, including “harassing, disturbing, threatening, intimidating, slandering, and racially discriminating behavior” by another tenant, Christopher Tripp...

Excerpt: ...filed this action against Hung-Chih Yang, as an individual and as trustee of the Hung-Chih Yang and Ting-Lin Yang Revocable Trust, dated 05-30-2009 (“Defendant”). Plaintiff rented Defendant's commercial property for her medical practice until the City of El Monte (the “City”) issued an administrative citation because there was no certificate of occupancy for the building. Plaintiff's operative complaint asserts the following causes of act...

Excerpt: ...llows: “On or about October 19, 2017, Plaintiff began suffering from intestinal issues with chronic diarrhea and urinary tract infections as symptoms.” (Complaint, ¶ 17.) “As a result, Plaintiff informed Defendants of the same.” (Ibid.) “On or about October 20, 2017, due to the severity of her physical symptoms, Plaintiff informed Defendants that she would not be able to report to work.” (Id., ¶ 19.) “On or about October 22, 2017,...

Excerpt: ... to entry of this tentative order. INTRODUCTION Plaintiff Shahrouz Jahanshahi (“Plaintiff”), a self-represented litigant, filed this legal malpractice action against his former attorney, Corey Evan Parker, and a series of Doe defendants. Following a demurrer, the following causes of action remained at issue: (1) Legal malpractice, (2) Breach of fiduciary duty, and (3) Breach of contract. (See Court's Minute Order, dated August 25, 2021.) Shor...

Excerpt: ...ent for the mediation. In response, Weber filed the instant case, asserting a single cause of action for declaratory relief. Weber seeks a judicial determination that the contract is voidable under Business and Professions Code section 6147(b) for failure to comply with section 6147(a), or, in the alternative, that Rothman is not entitled to $9,830.40. LEGAL STANDARD Code of Civil Procedure section 1060 permits “[a]ny person interested . . . un...

Excerpt: ...ess practices, breach of contract, breach of the implied covenant of good faith and fair dealing, declaratory relief, and unjust enrichment. Defendants filed a cross-complaint for breach of contract, for allegedly failing to pay legal fees. Now, Defendants move to compel arbitration in this case. The moving party on a petition to compel arbitration “bears the burden of proving the existence of a valid arbitration agreement by a preponderance of...

Excerpt: ... media presence. Pittleman alleges that she is owed $177,000 for her work. Spina alleges that it agreed to give Pittleman a commission of 10% on the net profits from new sales made by Pittleman to Spina's existing customer Healthy Spot. Spina alleges that Pittleman demanded a 25% interest in the company, and when Spina refused, Pittleman allegedly shut down its website and removed its products from Spina's social media accounts. Plaintiff served ...

Excerpt: ...oppement, S.A. (“SARD”) (collectively, “Defendants”). Conkwest Incorporated (“Conkwest”), a predecessor entity of Plaintiff, entered into a non-exclusive licensing agreement with SARD on December 16, 2011. Plaintiff alleges that this agreement granted Defendants a license to use NK-92 cells for limited research and development purposes. Plaintiff alleges that Defendants were not authorized to modify the cells or use the cells for comm...

Excerpt: ...mpel further responses to Requests for Production of Documents from October 3, 2023, to October 2, 2023, at 8:30 a.m. Any party who does not appear at the hearing, either remotely or in-person, shall waive the right to be heard on these motions and shall submit to any order issued following the hearing. Plaintiff Yerik Berry (“Plaintiff”) filed this employment case against Defendants United Moving Cars, Juan Carlos Acosta Martinez, and MA Gua...

Excerpt: ...mpel further responses to Requests for Production of Documents from October 3, 2023, to October 2, 2023, at 8:30 a.m. Any party who does not appear at the hearing, either remotely or in-person, shall waive the right to be heard on these motions and shall submit to any order issued following the hearing. Plaintiff Yerik Berry (“Plaintiff”) filed this employment case against Defendants United Moving Cars, Juan Carlos Acosta Martinez, and MA Gua...

Excerpt: ...Petitioner has dismissed Cohen from this proceeding in favor of pursuing a separate arbitration against him. Petitioner seeks only to confirm the arbitration award against Kosher Foods Unlimited. A party may seek a court judgment confirming an arbitration award by filing and serving a petition at least 10 days, but no more than four years after the arbitrator serves the arbitration award. (Code Civ. Proc., §§ 1288, 1288.4.) The Court must confi...