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...

Excerpt: ...er Nine, which sought to exclude the same evidence. (See Court's Minute Order, dated August 25, 2023.) 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 were sent after she was no longer employed at Costco. (Declaration of Nadia D. Adams, ¶¶ 2-3 & Exh. #2.) There was one string of texts that were not d...

Excerpt: ...mployees intentionally interfered with his employment with the City of Los Angeles by communicating false information about him. There is no dispute that Plaintiff signed a waiver authorizing Los Angeles to obtain any information pertaining to his employment history and releasing all former employers from “any and all liability for damage of whatever kind . . . because of compliance with this authorization and request to release information, or...

Excerpt: ...d moves to strike the prayer for punitive damages and related allegations. The Court sustained Defendant's demurrer because this action is untimely. The Court issued an order to show cause why leave to amend should be granted and ordered Plaintiff's counsel to file a response containing all facts that would be included in an amended complaint. Having reviewed Plaintiff's response, the Court now denies leave to amend and dismisses this case with p...

Excerpt: ...ted in the People's Republic of China. Defendants now move to quash service of the summons and complaint, which Plaintiff opposes. The motion is continued to afford Plaintiff's counsel an opportunity to conduct (limited) jurisdictional discovery. PLAINTIFF'S ALLEGATIONS Plaintiff is a technology company that provides for certified testing, inspection, and auditing of consumer products manufactured in China. (Complaint, ¶ 1.) Plaintiff has its pr...

Excerpt: ...f opposes. The Court grants the motion in part and denies the motion in part. PLAINTIFF'S ALLEGATIONS Edward Steinrecher (“Steinrecher”) was an attorney who maintained a practice, Edward Streinrecher, P.C. (the “practice”). (Complaint, ¶ 1.) Streinrecher 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, Steinrecher was handling a person...

Excerpt: ... violation of California Labor Law, (4) Failure to issue timely and accurate itemized wage statements, and (5) Unfair business practices under Business and Professions Code section 17200. Defendant demurs to the complaint, arguing that this action is barred by the “ministerial exception” to the state's employment laws. The Court sustains the demurrer to the first and second causes of action with leave to amend. The Court sustains the demurrer...

Excerpt: ...ile 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 quotations and citatio...

Excerpt: .... Now, Plaintiff seeks leave to add Apex as a defendant to preclude an “empty chair defense,” and to include allegations that Apex is an alter ego of Defendant. The motion is granted. LEGAL STANDARD Under Code of Civil Procedure section 473, subdivision (a)(1), “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by...

Excerpt: ...e third cause of action (sexual orientation harassment) and the fourth cause of action (sexual harassment). The bulk of Plaintiff's complaint relates to disability discrimination and related causes of action. Plaintiff alleges only as follows with respect to his claims for sexual orientation harassment and sexual harassment: 1. In February 2022, during a diversity training, an x-ray technician, John Oritz, states that “he didn't want to deal wi...

Excerpt: ...052.42 in costs. Defendant opposes the motion, arguing that Plaintiff should receive only $14,265 in attorney's fees and $10,118.85 in costs. The Court grants the motion and orders Defendant to pay Plaintiff's counsel $35,765.95 in attorney's fees and $13,052.42 in costs. LEGAL STANDARD The determination of reasonable amount of attorney fees is within the sound discretion of trial courts. (PLCM Group v. Drexler (2000) 22 Cal.4th 1084, 1095; Akins...

Excerpt: ...igent 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 complains 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: ...o.” (Gov. Code, § 12965, subd. (b); Williams v. Chino Valley Independent Fire Dist. (2015) 61 Cal.4th 97, 115.) Plaintiff's counsel did not raise this argument in his moving papers, and the Court cannot consider arguments first raised in reply briefs because the opposing party had no opportunity to respond. Therefore, the Court continues the hearings on the motions to tax costs to October 23, 2023, at 8:30 a.m. Defendants may file a surreply b...

Excerpt: ...ide projects. In November 2016, Plaintiff sent Defendant's owner, Leonel Prats, a note stating that he was in the hospital for surgery. In response, Mr. Prats' secretary, Claire McCarty, sent an email to a supplier stating that Plaintiff “is currently not working as our employee” and that the supplier should bill him directly for one project. The email also stated that “[t]he only persons that currently should be purchasing on [Defendant's]...

Excerpt: ... protective order on November 8, 2022. The case then settled without any substantive litigation. There is no dispute that the case settled and that Plaintiff was the prevailing party, based upon which Plaintiff's counsel filed the instant motion for attorney's fees. Plaintiff's counsel seeks $28,192.50 in attorney's fees and $744.31 in costs. Defendant opposes the motion as it relates to attorney's fees and argues that the Court should award no m...

Excerpt: ...nder FEHA 4. Failure to Prevent Discrimination, Harassment, and Retaliation under FEHA 5. Failure to Provide Reasonable Accommodation under FEHA 6. Failure to Engage in a Good Faith Interactive Process under FEHA 7. Declaratory Judgment 8. Wrongful Termination in Violation of Public Policy Defendants move for summary judgment or, in the alternative, summary adjudication. The Court grants summary judgment on every cause of action except the fifth ...

Excerpt: ... 2. Age discrimination under FEHA 3. Disability discrimination under FEHA 4. Harassment under FEHA 5. Retaliation under FEHA 6. Failure to prevent discrimination, harassment, and retaliation under FEHA 7. Wrongful termination in violation of FEHA 8. Intentional infliction of emotional distress 9. Negligence 10. Failure to pay overtime wages 11. Failure to provide meal and rest breaks 12. Failure to pay discharged employee 13. Failure to provide i...

Excerpt: ...as follows: “Per the Government Claims Act, a party with a claim for damages against a public entity must first file claim directly with that entity. The party may file a lawsuit only if the public entity denies or rejects the claim. (Gov. Code §§ 905, 945.4; City of Ontario v. Superior Court (1993) 12 Cal.App.4th 894.) The claims presentation requirement provides the public entity with an opportunity to evaluate the claim and decide whether ...

Excerpt: ...es, and breach of fiduciary duty. Plaintiff alleges as follows: Fire Dragon was formed on or about November 26, 2012. (Complaint, ¶ 11.) There were four members: Plaintiff, Defendant Le, Defendant Tran, and Shi Yin Wong. (Complaint, ¶ 12.) Plaintiff alleges that he invested additional funds in Fire Dragon. (Complaint, ¶¶ 13, 16, 17.) Eventually, Defendant Tran purchased the membership interests of Defendant Le and Wong. (Complaint, ¶ 18.) Th...

Excerpt: ...w, Defendant demurs to each cause of action and moves to strike certain allegations in the complaint, which Plaintiff opposes. The demurrer is overruled and the motion to strike is denied. PLAINTIFF'S ALLEGATIONS Plaintiff was the Chief Operating Officer and Secretary of Terraform. (Complaint, ¶ 1.) Defendant is the Chief Executive Officer and Chief Financial Officer of Terraform. (Id., ¶ 4.) Plaintiff and Defendant were the two directors of Te...

Excerpt: ...tions impacted a jury's award of damages. (Bigler‐ Engler v. Breg, Inc. (2017) 7 Cal.App.5th 276, 299.) Defendant's counsel focuses on the Court's comment: “And, frankly, your conduct towards Mr. Katofsky has been unacceptable.” This comment related to an incident that occurred outside the presence of the jury in which Plaintiff's counsel accused Defendant's counsel of making a misrepresentation to the Court at sidebar and asked the Court t...

Excerpt: ...re”). 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 opposes the motion, which is granted. 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 provi...

Excerpt: ...which is granted. 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. The trial court sits as the trier of fact, weighing all the affidavits, declarations, and other documentary evidence, and any oral ...

Excerpt: ... Arnold and BMA Securities, LLC (collectively, “Defendants”). Plaintiff alleges that he is a stockbroker and provides financial, securities and investment services and advice to clients. (First Amended Complaint, ¶ 2.) Plaintiff alleges that he worked for Defendants, earning significant “commissions, revenue and income.” (Id., ¶ 11.) Plaintiff alleges that Defendants have refused to pay him owed commissions since January 15, 2020. (Ibid...

Excerpt: ...ut failed to distribute the proceeds per the trust. (Second Amended Complaint, ¶¶ 7, 11.) Defendant filed a demurrer to the second cause of action, which the Court sustained in part and overruled in part. (See Court's Minute Order, dated February 24, 2022.) In particular, the Court overruled the demurrer to the fraud and constructive trust claims. Defendant allegedly misrepresented to Rosario Nuno and Jesse Nuno that she would hold the 20th Str...

Excerpt: ...��persistent narcotics nuisance” emanating from a single-family house located at 4307 Westlawn Avenue in Los Angeles, California 90066 (the “Subject Property”). Now, the City moves for summary judgment, which Defendant opposes. The motion is denied, as the dispositive issues must be resolved at trial. FACTUAL BACKGROUND A. The City's Evidence Defendant has resided at the Subject Property since 2005. (Defendant's Response to Plaintiff's Sepa...

Excerpt: ...and moves to strike the prayer for punitive damages, which Plaintiff opposes. The Court sustains the demurrer to the first through fifth causes of action and grants the motion to strike. PLAINTIFF'S ALLEGATIONS Plaintiff worked at St. Vincent's Hospital as an emergency room admitting representative from February 3, 2020, to October 9, 2020. (First Amended Complaint, ¶¶ 8, 10.) Plaintiff observed “numerous violations of state and federal laws,...

Excerpt: ...and Officer Nathan Brown aggressively pinned him to the ground by placing weight on Plaintiff's lower back. Plaintiff alleges that the LAPD officers released him, explaining that “sometimes they ‘get the wrong guy.'” Plaintiff alleges that as a result of the excessive force, he suffered a broken rib, chest trauma, and a herniated disc at L4 and L5, necessitating spinal surgery. Now, Defendants seek to designate an untimely expert, a radiolo...

Excerpt: ...aintiff dismissed these defendants. Therefore, the Court discharged the Order to Show Cause. Notice is not required. Order #2 of 3 Motion to Compel Further Responses Plaintiff JJ Zhang (“Plaintiff”) filed this action against Harrison Kordestani, Esq. (“Defendant”) asserting causes of action for malicious prosecution of a civil proceeding. Plaintiff alleges as follows: Defendant, an attorney, represented his clients in two different lawsui...

Excerpt: ...ore August 3, 2023, at 8:30 a.m. In the alternative, any party requesting a hearing may do so by appearing remotely on the morning of the hearing. If any party requests a hearing, the Court's clerk will reschedule the hearing for a date when the Court is available. If neither party requests a hearing, the Court's clerk will issue this order on August 3, 2023, at 8:30 a.m. without any hearing. [TENTATIVE] ORDER Plaintiff Security National Insuranc...

Excerpt: ... relating to Canoo's electric vehicles. (See Complaint, Exh. A, p. 10.) There was a dispute over the contract. (Ibid.) On September 16, 2022, the parties entered into a settlement and release agreement to resolve a prior dispute. (Complaint, ¶ 7.) The settlement agreement provided that Canoo would pay a total of $3,250,000 in four instalments on the following dates: (1) $500,000 on September 19, 2022; (2) $500,000 on September 30, 2022; (3) $1.1...

Excerpt: ...aintiff's counsel does not appear, either remotely or in-person, the hearing will proceed in his absence and he shall waive the right to be heard and shall submit to any order issued by the Court on this motion. Plaintiff Traceena Pennix (“Plaintiff”) filed this action against Bahram Rahrovi, erroneously sued as “Brian David Ross” (“Defendant”), among others, on July 6, 2021, for breach of the warranty of habitability and other causes...

Excerpt: ..., and a violation of the Equal Pay Act based upon race. Plaintiffs allege that Dunn “created and fostered a toxic and hostile work environment for thirteen years.” (Second Amended Complaint, ¶ 3.) Plaintiff Vernon Goodwin identifies as African- American. (Id., ¶ 5.) Plaintiff Mary Mathis-Hargett identifies as African-American and as an individual with a disability. (Id., ¶ 6.) Plaintiff Ruben Ruiz identifies as Mexican-American and as an i...

Excerpt: ...60.03, (4) Violation of Civil Code section 1632, and (5) Injunctive relief pursuant to the Consumer Legal Remedies Act and Business and Professions Code section 17200. Defendants move for summary judgment, or in the alternative, summary adjudication, which Plaintiff opposes. The motion is granted in part and denied in part. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of m...

Excerpt: ...Bank, and Di Wu demur to the operative second amended complaint. Wu Di also moves to strike the prayer for punitive damages and related allegations. PLAINTIFFS' ALLEGATIONS Plaintiffs live in China and sought to purchase a residence in Orange County, California. (Second Amended Complaint, ¶ 17.) Plaintiffs were referred to Carrie Gao, a “Senior Relationship Banker” at Bank of America. (Ibid.) Gao assisted Plaintiffs in opening two bank accou...

Excerpt: ...t, Fletcher would assume 40% of the losses on reinsured policies in exchange for 40% of the policies paid by those policyholders. On May 21, 2021, the Insurance Commissioner filed a verified petition for an order appointing it as conservator for Western General, because it was operating in “hazardous financial condition” within the meaning of Insurance Code section 1011, subdivision (d). The Court granted the liquidation order on August 5, 20...

Excerpt: ... motion in part. The Court orders Defendant to produce the following documents, except those involving communications between Defendant and counsel, to the extent it has not done so already: 1. Purchase and/or lease contract concerning the subject vehicle. 2. Repair orders and invoices concerning the subject vehicle. 3. Communications with dealer, factory representative and/or call center concerning the subject vehicle. 4. Warranty claims submitt...

Excerpt: ...ufacturing or testing (e.g., preclinical testing, characterization assays, stability testing, or quality control testing) of NK-92-RELATED COMPOSITIONS, including but not limited to a description of the nature of the use, an identification of the date(s) of the use, a description of the location(s) of the use, an identification of the NK-92-RELATED COMPOSITIONS involved, and an identification of each PERSON who was involved in the use and their r...

Excerpt: ...of action against Wells Fargo: (1) Breach of contract based upon having cashed Capriles's checks, in violation of UCC Representations and Warranties, including 4-208, 3-417, and 3- 110; and (2) General negligence based upon the same facts. Now, Defendant moves for summary judgment, which Plaintiff opposes. FACTS Plaintiff issued a cashier's check in the amount of $42,499.93, dated September 10, 2021, made payable as follows: Russell Westbrook CDJ...

Excerpt: ...motional distress, and conspiracy. Plaintiff also asserts a claim for punitive damages. Defendants demur to each cause of action and move to strike the prayer for punitive damages. The Court sustains the demurrer and grants the motion to strike with leave to amend. PLAINTIFF'S ALLEGATIONS Plaintiff is the Director of the Records and Identification Bureau (the “Bureau”) for the Los Angeles County Sheriff's Department (the “Sheriff's Departme...

Excerpt: ... On September 14, 2022, the Court granted Defendants' ex parte application and continued the trial date to November 1, 2022, setting the discovery deadlines based on the new trial date. (See Court's Minute Order, dated September 14, 2022.) The Court continued the trial again because one of the defendant did not file a timely answer; Plaintiff's counsel did not seek entry of default; and there was insufficient time before the hearing to hear the p...

Excerpt: ...t judgment, arguing that it was never properly served and it did not own the property at issue when the accident occurred, having sold the property over one year before the accident. “There are four grounds which a court, utilizing its equity capacity may rely upon to provide relief from a default. Those areas are (1) void judgment, (2) extrinsic fraud, (3) constructive service, and (4) extrinsic mistake.” (Stiles v. Wallis (1983) 147 Cal.App...

Excerpt: ...te—currently July 25, 2023—for 60 to 90 days due to Plaintiffs' counsel's health issues and the necessity of the Court ruling on certain pretrial motions sufficiently in advance of trial. The Court grants Plaintiffs' counsel's ex parte application. Defendants' counsel challenges Plaintiffs' counsel's representations concerning his health conditions, but the Court takes him at his word. Perhaps more important, the Court does not anticipate bei...

Excerpt: ...ration. Then, on February 4, 2022, the arbitrator ordered as follows: (1) The arbitration shall proceed against RP Automotive, LLC (“RP Automotive”); (2) All remaining defendants shall be dismissed without prejudice; and (3) No one will be the prevailing party with respect to the dismissal. The arbitrator then granted summary judgment in favor of RP Automotive, which now seeks to confirm the arbitration award. A party may seek a court judgmen...

Excerpt: ... speculates Defendant must have more responsive documents. (Holguin v. Superior Court (1972) 22 Cal.App.3d 812, 820.) Accordingly, the motion is denied. Order #2 of 2 Motions to Compel Further Responses to SROG and RPD Promed Medical Supplies (“Promed”) moves to compel further responses from Mandana Nazar (“Nazar”) to Special Interrogatories, Set One (“SROG”) and Requests for Production of Documents, Set One (“RPDs”). The Court gr...

Excerpt: ...s: “Explain in detail and with particularity how YOU have used or intend to use the NK-92 cells in connection with manufacturing or testing (e.g., preclinical testing, characterization assays, stability testing, or quality control testing) of NK-92-RELATED COMPOSITIONS, including but not limited to a description of the nature of the use, an identification of the date(s) of the use, a description of the location(s) of the use, an identification ...

Excerpt: ...partment officer. Plaintiff previously worked for Riverside, and alleges that Riverside's employees intentionally interfered with his employment with the City of Los Angeles by communicating false information about him. To that end, the Court conducted an in camera review of any communications between the City of Riverside and the City of Los Angeles. “Official information” is privileged under Evidence Code section 1040 when “[d]isclosure o...

Excerpt: ...on: (1) Sexual harassment under the Fair Employment and Housing Act, Government Code sections 12900, et seq. (“FEHA”), (2) Sexual assault/battery, (3) Negligent hiring, supervision, and retention, (4) Discrimination based upon race and/or national origin, (5) Failure to prevent harassment/discrimination, (6) Retaliation, (7) Violation of Labor Code section 1102.5, (8) Violation of Labor Code sections 6310 and 6311, and (9) Wrongful terminatio...

Excerpt: ...ng, LLC, for that purpose. (Ibid.) Plaintiff alleges that as a condition of working for Defendant, he was required to enter into an agreement stating that he is an independent contractor, even though he was an employee under California law. (Id., ¶¶ 6, 8.) The agreement also had a non-compete agreement. (Id., ¶ 6.) Now, Plaintiff seeks a declaratory judgment that the agreement is governed by California law; he was an employee; and the non-comp...

Excerpt: ...othing unlawful. (Complaint, ¶¶ 14-16.) The LAPD officers placed him on the ground and aggressively pinned him to the ground by placing weight on Plaintiff's lower back. (Complaint, ¶¶ 14- 20.) The LAPD officers then handcuffed Plaintiff and placed him in the back of a police car. (Complaint, ¶¶ 21-25.) Then, the LAPD officers released Plaintiff. (Complaint, ¶ 25.) One officer explained that there had been a robbery and said “sometimes t...

Excerpt: ...of a roadway's dangerous condition and the City's acts and omissions, Forest's car slid off the roadway, traveled down the hill, and collided with Plaintiff's house. Plaintiff alleges that the incident caused Plaintiff's property and house to become structurally compromised, destabilized, damages, and unsafe. Forest and Plaintiff have settled for $25,000, and Forest seeks a determination that the settlement was in good faith. The City opposes the...

Excerpt: ...ulated that this deadline shall be April 4, 2027. The Court grants the stipulation and re-sets the deadline for this case to proceed to trial as April 4, 2027. The Court discharges the Court's Order to Show Cause re: Tolling the five‐year date. A. Order to show cause re: dismissal of unserved defendants in the complaint This case was filed on December 24, 2020. Numerous defendants appear not to have been served, including but not limited to: (1...

Excerpt: .../harassment under FEHA 4. Discrimination on the basis of race/ancestry/national origin under FEHA 5. Harassment on the basis of race/ancestry/national origin under FEHA 6. Retaliation for complaining about race/ancestry/national origin discrimination under FEHA 7. Failure to prevent discrimination/harassment/retaliation under FEHA 8. Wrongful constructive termination 9. Intentional infliction of emotional distress Defendant now moves to compel ar...

Excerpt: ...FEHA, (4) Failure to prevent discrimination and retaliation under FEHA, (5) Wrongful termination in violation of public policy, and (6) Declaratory and injunctive relief. Defendant demurs to the first, fifth, and sixth causes of action. 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 cou...

Excerpt: ...tial responses to the Form Interrogatories, Set One (“FROG”), Request for Production of Documents, Set One (“RPDs”), and Special Interrogatories, Set One (“SROGs”). Plaintiff Jacob Eghbalieh filed a bankruptcy petition under Chapter 7 on May 25, 2021. (Declaration of Negar Tehrani, ¶ 3.) Plaintiff's counsel filed this action on May 26, 2021, without knowing about the bankruptcy case. (Id., ¶ 5.) This case was not listed on the “Sc...

Excerpt: ... Defendant “negligently performed services and overbilled [him] by several thousands of dollars for the work performed.” Plaintiff alleges that as a result, he lost the appeal, and the judgment was confirmed. Now, Defendant moves for summary judgment, which Plaintiff opposes. The motion is granted. PROCEDURAL HISTORY In or about June 2012, Plaintiff began renting a condominium he owned to a couple named Howard and Jean Rosenfield. (Defendant'...

Excerpt: ...the “fee”) reflected in Chapter 18.29 of the Long Beach Municipal Code, arguing that it is unconstitutional under Proposition 218 of the California Constitution, Article XIII D. The City argues that Article XIII D does not apply to the fee. Both parties move for summary judgment. The Court grants Defendant's motion and denies Plaintiff's motion. FACTUAL BACKGROUND On October 10, 2017, the City Council passed Ordinance Number ORD-17-0025, whic...

Excerpt: ... related dates. On March 2, 2022, Defendants served a notice of deposition for June 7, 2022. (Declaration of Casey L. Morris, ¶ 2.) Defendants served Requests for Productions of Documents, Set One (“RPDs”) on March 4, 2022, and Plaintiff's counsel sought repeated extensions of the deadline. (Id., ¶ 3.) Defendants' counsel provided additional deposition dates in June 2022. (Id., ¶ 4.) Plaintiff's counsel never provided dates for a depositio...

Excerpt: ...laintiff dismissed the case. Now, Defendant seeks attorney's fees. The motion is granted in part and denied in part against Plaintiff's counsel, the Center for Disability Access, and its owners, but not Plaintiff Traci Morgan. PROCEDURAL HISTORY Plaintiff suffers from Usher Syndrome Type II, meaning that she is partially deaf and partially blind. (Complaint, ¶ 1.) Plaintiff uses screen reader software (“SRS”) to navigate the internet. (Compl...

Excerpt: ...ng Act (“FEHA”), (2) Quid pro quo sexual harassment and creation of a hostile work environment, (3) Retaliation under FEHA, (4) Failure to prevent discrimination/harassment under FEHA, (5) Retaliation under Labor Code section 1102.5, (6) Retaliation under Labor Code section 6310, and (7) Retaliation and wrongful termination in violation of public policy. Now, Plaintiff moves to compel further responses from Sterling to Special Interrogatories...

Excerpt: ... a defendant in the original complaint. Plaintiff added Van Nuys-L by way of a Doe amendment on June 8, 2022. Previously, both Lithia and Van Nuys-L moved to strike Plaintiff's prayer for punitive damages and related allegations. The Court denied the motion to strike with respect to Lithia. (See Court's Minute Order, dated October 19, 2022.) The Court granted the motion with respect to Van Nuys-L, finding: “[T]he complaint provides no clarity c...

Excerpt: ...rbitrator. Therefore, the Court determines issues of arbitrability unless the issue depends upon the credibility of extrinsic evidence. (See Aanderud v. Superior Court (2017) 13 Cal.App.5th 880, 891, citations omitted; Greenspan v. LADT, LLC (2010) 185 Cal.App.4th 1413, 1437, citation omitted.) The Court should attempt to give effect to the parties' intentions, in light of the usual and ordinary meaning of the contractual language and the circums...

Excerpt: ...Negligent hiring, supervision, and retention, (4) Discrimination based upon race and/or national origin, (5) Failure to prevent harassment/discrimination, (6) Retaliation, (7) Violation of Labor Code section 1102.5, (8) Violation of Labor Code sections 6310 and 6311, and (9) Wrongful termination in violation of public policy. Now, Defendants move for summary judgment or, in the alternative, summary adjudication. The Court addresses one issue sepa...

Excerpt: ...all. The Court previously sustained in part and overruled in part a demurrer and granted a motion to strike. Plaintiff filed a first amended complaint asserting the following causes of action: 1. Breach of contract 2. Breach of the implied covenant of good faith and fair dealing 3. Professional negligence 4. Negligent interference with prospective economic relations 5. Negligent misrepresentation 6. Intentional interference with prospective econo...

Excerpt: ...e was filed on or about June 28, 2021. Plaintiff alleges that he subsequently discovered that Defendant withdrew $24,636.98 from Eunice Hemphill's account on or about November 20, 2020, before Eunice Hemphill passed. Accordingly, Plaintiff asserts causes of action for fraud, conversion, intentional misrepresentation, and negligent misrepresentation. Defendant's defense in this case is that Eunice Hemphill received public benefits, which should ha...

Excerpt: ...ecision Builders") (collectively, "Defendants"). Defendants demur to the following causes of action: First COA — Negligence Second COA — Negligence per se Fifth COA — Breach of implied covenant to perform work in a good/competent manner Sixth COA — Trespass to Land Seventh COA — Private Nuisance Defendants also move to strike the prayer for punitive damages and emotional distress damages, as well as related allegations. The Court sustai...

Excerpt: ... 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 behavioff by another tenant, ChristopherTripp. (Id„ 25.) Plaintiffs allege that Tripp made a series of racist and obscene comments to Plaintiff Ryan Erickson. (Ibid.) Plaintiffs also allege that Ong failed to add...

Excerpt: ...on of the Professional Boxing Safety Law, 15 U.S.C. 5 6308(b); (4) Violation of the Professional Boxing Safety Law, 15 U.S.C. S 6307e(b); (5) Violation of the Professional Boxing Safety Law, 15 U.S.C. S 6304(4); (6) Conspiracy to violate the Professional Boxing Safety Law; (7) Unfair business practices; (8) Promissory estoppel; and (9) Declaratory relief. Plaintiff attached a copy of the contract at issue, which was beb.veen Plaintiff and TGB Pro...

Excerpt: ...ive years. Under normal circumstances, the deadline for this case to proceed to trial would be December 24, 2025. However, for purposes of computing this time, the Court excludes all time for which "[b]ringing the action to trial ... was impossible, impracticable, or futile." (Code Civ. Proc. S 583.340(c).) The Court makes the followmg findings: Beginning on March 16, 2020, civil jury trials were suspended in the Los Angeles County Superior Court...

Excerpt: ...ses of action for retaliation under Labor Code section 1102.5, wrongful constructive termination in violation of public policy, breach of contract, breach of the implied covenant of good faith and fair dealing, intentional interference With prospective economic advantage, quantum meruit unfair business practices, conversion and theft of labor, wrongful termination and retaliation under Labor Code section 98.6, misclassification of employees as in...

Excerpt: ...tiffs complaint alleges as follows: Plaintiff is the exclusive licensee and distributor of NantKwest Inc.'s NK-92 cells. (Complaint 2.) "Natural killer cells" area unique type of white blood cells and can have the innate ability to rapidly seek and destroy abnormal cells, such as cancer or virally infected cells. (ld., 10.) Natural killer cells have an unusual cell killing ability without prior exposure of activation by other support molecules of...

Excerpt: ...ocedure section 425.16, commonly known as an anti-SLAPP motion. The Court ruled that Plaintiff could not predicate its legal malpractice claim on allegations that Defendantfiled a hen in the underlying case, but denied the motion in all other respects. Now, Defendant demurs to each cause of action, argumg that there are insufficient facts to state causes of action. The demurrer is overruled with respect to the first and second causes of action, a...

Excerpt: ...liar mth the appropriate standard of care for a patient like Plaintiff in a setting like Defendants' facility. This does not require that Zaccari has ever worked in a behavioral unit or psychiatric hospital. The issue raised by Plaintiff goes to weight not admissibiliV, which falls within the pmvlnce of the jury. Therefore, the motion is denied. To permit Plamtiffs nursing expert to introduce the statutes and regulations applicable to Defendants ...

Excerpt: ... Court excludes all time for which "[b]ringingthe action to trial ... was impossible, impracticable, or futile." (Code Civ. Proc. s 583.3400.) The Court makes the following findings: Beginning on March 16, 2020, civil jury trials were suspended in the Los Angeles County Superior Court due to COVID-19. Pursuant to the Presiding Judge's order ofluly 10, 2020, civil jury trials would resume on the firstcourt day in lanuaty 2021, which is Januaty 4, ...

Excerpt: ...e operative 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 CalApp.4th 385, 388.) In ruling on a demurrer, the court must "liberally construeO" the allegations of the complaint. (Code Civ. Proc., S 452.) "This rule of liberal construction means that the reviewing court draws inferences favorable to the plaintiff not the defendant" (Perez v. Golden...

Excerpt: ...ACKGROUND This action relates to the property at 6535 Cottage Street in Huntington Park, California 90255 (the "subject property"). (Complaint, 9.) As of August 9, 2004, Plaintiffs were jomt tenants of the subject property. (See Defendant's Separate Statement, 6.) A deed of trustwas recorded on December 28, 2006. (ld., 7.) This first deed of trust refers toanote in the sum of $525,000, and this debt was secured by the property. (Ibid.) A second d...

Excerpt: ... sufficiency of the allegations in a complaint." (Lewis v. Safeway, Inc. (2015) 235 CalApp.4th 385, 388.) In ruling on a demurrer, the court must "liberally construeO" the allegations of the complaint. (Code Civ. Proc., S 452.) "This rule of liberal construction means that the reviewing court draws inferences favorable to the Farias, not the defendant" (Perez v. Golden Empire Transit Dist. (2012) 209 Cal.App.4th 1228, 1238.) Any party, within the...

Excerpt: ... Canoo's electric vehicles. (See Complaint Exh. A, p. 10.) There was a dispute over the contract. (Ibid.) On September 16, 2022, the parties entered into a settlement and release agreementto resolve a prior dispute. (Complaint, 7.) The settlement agreement provided that Canoo would pay a total of in four instalments on the following dates: (1) $500,000 on September 19, 2022; (2) $500,000 on September 30, 2022; (3) 31.125 million on October 7, 202...

Excerpt: ...rofessional Boxing Safety Law, 15 U.S.C. 5 6308(b); (4) Violation of the Professional Boxing Safety Law, 15 U.S.C. S 6307e(b); (5) Violation of the Professional Boxing Safety Law, 15 U.S.C. S 6304(4); (6) Conspiracy to violate the Professional Boxing Safety Law; (7) Unfair business practices; (8) Promissory estoppel; and (9) Declaratory relief. Plaintiff attached a copy of the contract at issue, which was beb.veen Plaintiff and TGB Promotions, LL...

Excerpt: ...d a cross-claim in arbitration "aris[ing] out of Plaintiffs failure to make payments due under the lease agreementthat he signed for the Subject Vehicle." (Declaration of Soheyl Tahsildoost, 6.) Defendant raised tvvo cross-claims. First Defendants asserted a claim for breach of contract and sought the amounts owed under the lease, as well as attorneys fees and costs. Second, Defendants asserted a claim for conversion under Penal Code section 496(...

Excerpt: ...eged wage and hour violations. The parties reached a settlement However, the Labor and Workforce Development Agency, Department of Industrial Relations, Division of Labor Standards Enforcement (the "LWDA") objects to the settlement of the PAGA claim, arguing that " [t]he proposed settlement that Defendants as this court to enforce is not fair or reasonable ... [and] does not meet the standards for approval or enforcement" Accordingly, Plaintiffs'...

Excerpt: ...80,000. Plaintiff alleges that Defendants failed to complete the transaction and deliver the property to Plaintiff. Accordingly, Plaintiff asserts three causes of action: (1) Breach of contract (2) Declaratory relief, and (3) Specific performance. Now, Defendants move for summary judgment or, in the alternative, summary adjudication. "[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material...

Excerpt: ...iscovery: FROG Numbers 4.1, 4.2, 12.1, and 12.3 SROG Numbers 1, 7, 13-17, 19-29, 31-32, 34-39 RPD Numbers 4-5, 6, 12-13, 16-19, 23, 25-26, 29, 33-34, 37, 39, SO, 52-60, 62-82, 86-87 The Court ordered the parties to meet-and-confer to attempt to resolve the disputes. (See Court's Minute Order, dated February 6, 2023.) At the hearing on March 17, 2023, "[t]he parties stipulated that Defendant shall provide supplemental responses on or before April ...

Excerpt: ... them consignments of diamonds and other precious stones. (Ibid.) The consignments stated that Plaintiff would transfer the stones to Defendants, and if the stones were not returned to Plamtiff then a sale was deemed to have been made and Defendants became obligated to pay the agreed-upon sums. (ld., 10.) Defendants failed to return the merchandise at issue, obligating them to pay $49,266 in damages. (ld., 12.) Defendants move for terminating san...

Excerpt: ...under FEHA Discrimination on the basis of race/ancestry/national origin under FEHA Harassment on the basis of race/ancestry/national origin under FEHA Retaliation for complaining about race/ ancestry/national origin discrimination under FEHA Failure to prevent discrimination/harassment/retaliation under FEHA Wrongful constructive termination Intentional infliction of emotional distress Defendant now moves to compel arbitration, which Plaintiff op...

Excerpt: ... settlement on September 15, 2022. Now, Plaintiffs counsel seeks attorney's fees and costs totaling $150,637.50 based upon: (1) Attorneys fees of $100,425; (2) A lodestar multiplier of 0.5, resulting inan additional S50 212.50; and (3) Costs of $5,559.83. Defendant opposes the motion and requests that the Court order only $46,280 in attorneys fees. Defendant does not challenge the costs. The determination of reasonable amount of attorney fees is ...

Excerpt: ...t, intentional interference with contractual relations, and tortious interference mth contractual relations. The cross-defendants demur to every cause of action. The Court sustains the demurrer to the fifth cause of action mthout leave to amend and overrules the demurrer to the remaming causes of action. LEGAL STANDARD "It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint." (Lewis v. Safeway, Inc. (...

Excerpt: ... furnish and keep accurate wage statements Fifth Cause of Action — Failure to pay compensation at the time of termination Seventh Cause of Action — Violation of Business and Professions Code section 17200 Eighth Cause of Action — Harassment under FEHA Plamtiff allegedly suffered non-econonuc damages as a result of the harassment and attended therapy sessions with Carmela Duarte, who is one of Plaintiffs unretamed expert witnesses. Now, Defe...

Excerpt: ... Rochester Regal, LLC ("Rochester), as he was merely a handyman at the building. Defendant also moves to strike portions of the complaint The Court sustains the demurrer with leave to amend, and denies the motion to strike as moot 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 CalApp.4th 385, 388.) In ruling on a demurrer, the court must "li...

Excerpt: ...ord Motor Company (2023) Cal.Rptr.3d - 2023 WL 2768484. Plamtiffs' breach of warranty claims against Defendant were not based on the sales contract containing the arbitration clause. "[M]anufacturervehicle warranties that accompany the sale of motor vehicles without regard to the terms of the sale contract betw•een the purchaser and the dealer are independentofthe sale contract" (Id„ p. *4.) The Court considered whether Defendant is a third p...

Excerpt: .... The Court issued an Order to Show Cause why the Court should not grant Defendant's motion and dismiss this case With prejudice. Plaintiffs counsel has not demonstrated any good cause. Defendant filed two motions for attorneys fees, one seeking $72,543 for the anti-SLAPP motion before the Superior Court and one seeking S49,947 for the appeal. The Court grants both motions with modifications. LEGAL STANDARD A defendant who prevails on an anti-SLA...