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

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

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

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

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

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

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

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

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

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

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

Excerpt: ...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: ...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: ... 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...