Excerpt: ...t” or the “Commission”) to set aside its decision (“Decision”) denying Petitioner's applic ation for an exemption from the Commission's coastal development permit (“CDP”) requirements to replace a portion of a lanai terrace structure (the “Lanai”) that is located on the beach at Petitioner's club. Petitioner contends that the Lanai was damaged as a result of severe winter storms in January 2023, and sought an exemption that appl...

Excerpt: ...ict (the “District” or “Petitioner”) terminated Jose Martinez (“Martinez”), who worked as a security guard at the school, after he failed to comply with a resolution mandating all Distric t employees be vaccinated against Covid-19 by October 15, 2021. Martinez appealed his termination to the Personnel Commission of the District. Following a hearing, the Personnel Commission adopted the recommendation of the hearing officer and ordered...

Excerpt: ...t protected by the attorney-client privilege. The motion is granted with respect to communications on or after April 12, 2022. The motion is denied with respect to communications before April 12, 2022. RELEVANT PROCEDURAL HISTORY On January 25, 2024, while represented by attorneys of Boyd Law APC, Petitioner filed the operative, first amended petition for appointment of a provisional director and for determination of invalidity of efforts to term...

Excerpt: ...9-1731 North Whitley Avenue (the “Project”) in the City. On December 1, 2021, the court (Judge Mitchell Beckloff) granted the petition on the grounds that City prejudicially abused its discretion in concluding that the Project qualified for the Class 32 in -fill development project exemption under CEQA. On May 27, 2022, the court entered a judgment in favor of Petitioner, and on June 22, 2022, the court issued a writ directing City to set asi...

Excerpt: ...awfully terminated their agreement. Plaintiff seeks a temporary restraining order requiring Defendants to terminate their current parking manager and re- install Plaintiff as the parking manager pending trial. Plaintiff's ex parte application is denied because Plaintiff does not establish a reasonable likelihood of success on the merits or irreparable harm. BACKGROUND Plaintiff alleges as follows: For the last 60 years, Plaintiff and its affiliat...

Excerpt: ...r's driving privilege for one year. Petitioner argues that the DMV did not afford him due process, as required by California DUI Lawyers Association v. California Department of Motor Vehicles (2022) 77 Cal.App.5th 517. The DMV did not comply with the clear holding of this case, so the court grants this petition and remands this matter for a new hearing before the DMV. FACTUAL BACKGROUND On July 12, 2022, at approximately 11:55 p.m., Officer J. Di...

Excerpt: ...nduct discovery, which Respondent opposes. The motion is granted in part and denied in part. FACTUAL BACKGROUND Petitioner was licensed to practice medicine in California in 2003. (Petition for Writ of Administrative Mandate (“Pet.”) ¶ 1.) On December 16, 2020, Respondent filed an accusation against Petitioner alleging negligence and failure to maintain accurate medical records. (Id. ¶ 9.) According to the petition, “this case involved th...

Excerpt: ...e “federal cause of action”), as well as a series of common law claims. Plaintiff filed this action on April 17, 2024, and JPMorgan Chase Bank filed a notice of removal on April 18, 2024, based upon the federal question. The notice of removal “shall effect the removal and the State court shall proceed no further unless and until the case is remanded.” (28 U.S.C. § 1446(d).) Plaintiff suggests that he intends to dismiss his federal cause ...

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