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