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