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...

Excerpt: ... the pre-embryos. Prior to the treatment Plaintiff and Ms. Vergara executed a form directive stating that neither could use the embryos to create a child without the written consent of the other. Moreover, Penal Code section 367g(b) prohibits one partner from using the embryos without the written consent of the other. Nevertheless, Plaintiff filed multiple lawsuits agamst Vergara in an effort to use the pre-embtyos to create children, in response...

Excerpt: ...Co. (2000) 79 Cal. App. 4th 1127, 1134.) The burden is on the party seeking attorney fees to prove reasonableness of the fees. (Center for Biological Diversity v. County of San Bernardino (2010) 188 Cal. App. 4th 603, 615.) The Court has broad discretion in determining the amount of a reasonable attorney's fee award which will not be overturned absent a “manifest abuse of discretion, a prejudicial error of law, or necessary findings not support...

Excerpt: ...strict of California, which is Trevor Johnson v. Air Products and Chemicals, Inc., Case No. 22-CV-07327-JLS-PD (the “federal case”). Defendant moves to stay the instant case pending resolution of the federal case, which Plaintiff opposes. “Trial courts generally have the inherent power to stay proceedings in the interests of justice and to promote judicial efficiency.” (Freiberg v. City of Mission Viejo (1995) 33 Cal.App.4th 1484, 1489.) ...

Excerpt: ...rrorist cell operating ‘The State of Indiana's Public Retirement Fund.” (Complaint, p. 1.) Plaintiff alleges that she is a member of the “Blackfeet-Cherokee-Navajo union” and that Defendants “ha[ve] stolen what they can never repay.” (Complaint, p. 2.) Plaintiff alleges that “Government unions switched [her] birth record and [her] frequencies.” (Ibid.) Plaintiff alleges: “I have been charged bit frequencies for 45 years [and] I ...

Excerpt: ...herefore has no authority to transfer this case. Rather, this motion must be heard in Department One. Therefore, the motion is denied without prejudice to Defendants' counsel requesting a hearing in Department One. Defendants' counsel shall provide notice and file proof of such with the Court. Order #2 of 2 Demurer and Motion to Strike BACKGROUND Plaintiff Urban Soccer 5 Center, LLC (“Plaintiff”) filed this action against Lisa Vernola Salas a...

Excerpt: ...m requesting a jury trial. Defendants were required to post jury fees on or before the case management conference, per Code of Civil Procedure section 631(c). Defendants failed to do so. The Court (Feffer, J.) conducted a case management conference on October 2, 2019, and specifically 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, dat...

Excerpt: ...��Cobo”) and Nicole Khoshnoud (“Khoshnoud”)—and two entities—Deepwater, Inc. and HM&R, LLC (“HM&R”)—allegedly involved in a scheme to defraud DecisionQuest and its clients. Several of these defendants—Anthony, Cobo, Khoshnoud, and HM&R, as well as DecisionQuest Holdings, Inc. (collectively, the “cross-complainants”) filed a cross-complaint against Legal Support and another entity, Abry Partners, LLC (“Abry Partners”) (co...

Excerpt: ...ef 4. Conversion 5. Trespass 6. Private nuisance Defendants demur to the first amended complaint and move to strike certain allegations, as well as the prayer for punitive damages. The Court sustains the demurrer with respect to T-Mobile USA. The Court sustains the demurrer to the second, fourth, fifth, and sixth causes of action and denies the motion to strike. PLAINTIFF'S ALLEGATIONS Plaintiff acquired certain real property, located at 10281 We...

Excerpt: ...ng discovety unless the omission violated a court order or othermnse was willful. (New Albertsons, Inc. v. Superior Court (2008) 168 Cal.App.4th 1403, 1422-1434; see also Mitchell v. Superior Court (2015) 243 CalApp.4th 269, 272; Saxena v. Goffney (2008) 159 CalApp.4th 316, 334.) The Court orders both parties to identi$ all witnesses that they plan to call in their respective cases-in-chief, and to produce all exhibits they plan to introduce in t...

Excerpt: ...Ellis ("Plaintiff) filed this action on December 18, 2019. Plaintiff served the Los Angeles County Probation Depaftment (which is located at 500 West Temple Street in downtown Los Angeles) on July 5, 2022. Plaintiff served Defendant Rachel Lara on July 13, 2022, and no proof of service was filed for service upon Defendant Toyea Sims. All defendants filed a demurrer on November 4, 2022, which the Court sustamed with respect to the causes of action...

Excerpt: ...lows: Plaintiff is an actor who has been on the soap opera "General Hospital" for 25 years. (Second Amended Complaint, 5.) Defendant had a policy requiring employees working on television shows to receive a COVID-19 vaccination absent a Defendant's mandate that employees must be vaccinated. (Ibid.) Defendant represented that it would grant exemptions for "sincerely held religious objections to Covid-19 shots," but "it refused to accept Plamtiffs ...

Excerpt: ...rkham Kirsten) in place of a previously designated psychiatrist (Dr. Jacob Moussai) because Dr. Moussai is not available on the current trial date. Second, Defendants seek an order to compel an independent medical exammation of Plaintiff. The procedural history is straightfotward. On February 23, 2023, Defendants served a timely demand for an independent medical examination ("IME") of Plaintiff, to take place on March 30, 2023. (Declaration of Ma...

Excerpt: ...: 4. 6. 8. 9. 10. Purchase and/or lease contract concerning the subject vehicle. Repair orders and invoices concerning the subject vehicle. Commumcations with dealer, factory representative and/or call center concerning the subject vehicle. Warranty claims submitted to and/or approved by Defendant concerning the subject vehicle. Any Warranty Policy and Procedure Manual published by defendant and provided to its authorized repair facilities, withm...

Excerpt: ... Inc. ("SoCal") (collectively, "Defendants"), among others, asserting a case of action for fraud and seeking to set aside a fraudulent transfer, as well as a constructive trust and declaratoty judgment. Plaintiff and Shitrit were married, and Plaintiff alleges that SoCal is owned and operated solely by Shitrit Plaintiff alleges as follows: This is a case of a husband deceiving his wife by takmg title to the family home in his own name, and then s...

Excerpt: ..."[w]hen he in fact knew he did not have the necessary legal elements to successfully obtain plaintiff, Sigifredo Quezada, legal residency (resident card) for the USA." Defendantnow demurs to this single cause 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 CalApp.4th 385, 388.) In ruling on a demurrer, the court must "liberally con...

Excerpt: ...bitration '%ears 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 documentaty evidence, and any oral testimony the court may receive at its discretion, to reach a fi...

Excerpt: ...n 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 served a subpoena upon JP Morgan Chase Bank for all bank records for Eunice Hemphill's accountfrom Ja...

Excerpt: ...angerous condition and the Citys acts and omissions, Forests car slid off the roadway, traveled down the hill, and collided with Plaintiffs house. Plamtiff alleges that the incident caused Plamtiffs 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 Civ opposes the motion. In Tech-Bilt, ...

Excerpt: ... this cause of action and granted a motion to strike the prayer for punitive damages. Plaintiffs filed a first amended complaint, and Defendant again demurs to the cause of action for fraudulent concealment and moves to strike the prayer for punitive dam ages. Plamtiffs' fifth cause of action is for fraudulent concealment Plamtiffs must allege the following: (1) Defendant concealed or suppressed a material fact; (2) Defendant had a duty to disclo...

Excerpt: ...iff was inured as a result of the collision. (ld., 5.) Plaintiff submitted a claim to Defendanton August8, 2013. (Id„ 6.) Plaintiff received only approximately $13,000 from the other drivers insurance policy. (ld., 8.) Accordingly, on April 18, 2014, Plaintiff made a demand for $85,000 in underinsured motorist benefits from his own policy with Farmers. (ld., 9.) Defendant offered approximately $10,000, following which Plamtiff 2014. (Id„ 12.)...

Excerpt: ...acts and assert causes of action under Business and Professions Code section 17200. Defendant moves for summary judgment. "[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law[.] There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of...

Excerpt: ...talking, invasion of privacy, intentional infliction of emotional distress, negligent infliction of emotional distress, injunctive relief, and conspiracy. This action stems from the divorce case of Diane D'Amore and David D'Amore. David D'Amore hired Ronnen Sigal to take photographs of Diane D'Amore's vehicles at Bose's residence to attempt to prove they were cohabitating in order to reduce David D'Amore's spousal support. Previously, Plaintiffs ...

Excerpt: ... faith and fair deadline, negligence, breach of Business and Professions Code section 8700, and violation of Business and Professions Code sections 17200. Now, Defendants demur to the first amended complaint and move to strike certain allegations. LEGAL STANDARD A. Demurrer “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...

Excerpt: ...HA 2. Failure to provide reasonable accommodation 3. Failure to engage in the interactive process 4. Failure to prevent discrimination 5. Retaliation under FEHA 6. Hostile work environment under FEHA Now, Defendant moves for summary judgment or, in the alternative, summary adjudication of each cause of action. Plaintiff opposes the motion, which is granted in part and denied in part. LEGAL STANDARD “[T]he party moving for summary judgment bears...

Excerpt: ...ant's demurrer to the second cause of action, but sustained the remaining demurrers. (See Court's Minute Orders, dated September 28, October 13, and November 3, 2022.) Plaintiff filed a first amended complaint. Now, Hirai, Majors, and Loughridge demur to the second and sixteenth causes of action, for hostile work environment harassment under FEHA and intentional infliction of emotional distress (“IIED”), respectively. Crystal Stairs and Grant...

Excerpt: ...ement of decision finding for Plaintiff, and against Defendant, on each cause of action. The Court awarded $30,343.21 in damages with prejudgment interest as of the date of the breach (March 21, 2021). The Court also found that Plaintiff was the prevailing party and therefore entitled to attorney's fees under the contract. Plaintiff filed a noticed motion, and Defendant filed an opposition. The determination of reasonable amount of attorney fees ...

Excerpt: ...el 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 discretion, to re...

Excerpt: ...es stole her personal possessions. Previously, the Court sustained a demurrer to the causes of action for conversion and financial elder abuse, finding that theft by an individual employee does not convey liability against the employer under the doctrine of respondeat superior. The Court overruled the demurrer to the cause of action for negligence. Plaintiff alleged that Defendants failed to properly screen and investigate the aides they sent to ...

Excerpt: ...ned to work at Defendant but allegedly was terminated after contracting COVID-19. Plaintiff asserts the following causes of action: 1. Disability discrimination under FEHA 2. Disability harassment under FEHA 3. Retaliation under FEHA 4. Failure to provide reasonable accommodation under FEHA 5. Failure to engage in the interactive process under FEHA 6. Failure to prevent discrimination/harassment/retaliation under FEHA 7. Retaliation under Labor C...

Excerpt: ...eged documents. RPD #2 – Granted. Defendant's response is not code-compliant because it merely states that “no responsive documents exist.” Per Code of Civil Procedure section 2031.240, Defendant must specify whether documents “never existed” or whether they once existed and “ha[ve] been lost, misplaced, or stolen, or ha[ve] never been, or [are] no longer in the possession, custody, or control of the responding party.” Defendant als...

Excerpt: ...der by reference. Now, Plaintiff petitions for an order to compel Defendant to arbitrate this action before “any other arbitration forum other than AAA or a specific arbitrator and to promptly pay all arbitration fees as they become due.” Once the Court orders an arbitration and stays the case, “the action at law sits in the twilight zone of abatement with the trial court retaining merely a vestigial jurisdiction over matters submitted to a...

Excerpt: ...ence, 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 quotations and...

Excerpt: ...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 determination.” (Ruiz v. Moss Bros. Auto Group, Inc. (2014) 232 Cal.App.4th 836, 8...

Excerpt: ... January 1, 2021, to the present. If a subpoena requires the production of documents, the Court may quash the subpoena entirely or modify it. (Code Civ. Proc., § 1987.1, subd. (a).) In ruling on a motion to quash, “the Court may in its discretion award the amount of the reasonable expenses incurred in making or opposing the motion, including reasonable attorney's fees, if the court finds the motion was made or opposed in bad faith or without s...

Excerpt: ..., 2018, and the operative second amended complaint was filed on August 4, 2020. Jewel Mehlman passed away on March 12, 2021. (Declaration of Joel Bander, ¶ 10.) Joel Bander, who was Jewel Mehlman's son-in-law and an attorney, opened probate proceedings in May 2021, serving as the trustee of her estate. (Id., ¶ 11.) Plaintiff filed a creditor's claim against the estate on June 21, 2021. (Id., ¶ 12 & Exh. J.) Bander rejected the claim on July 19...

Excerpt: ... owned, possessed, and/or controlled an adjacent property. Plaintiffs allege that the City had actual or constructive knowledge of a homeless encampment where the residents routinely started fires. Plaintiffs allege that on or about October 30, 2020, one of the fires spread and damaged their building. The City moves for summary judgment. “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of ma...

Excerpt: ...d as 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 clari...

Excerpt: ...epresentative and/or call center concerning the subject vehicle. 4. Warranty claims submitted to and/or approved by Defendant concerning the subject vehicle. 5. Any Warranty Policy and Procedure Manual published by defendant and provided to its authorized repair facilities, within the State of California, for the date the subject vehicle was purchased to the present. 6. Any internal analysis, investigation, and/or communications regarding the sam...

Excerpt: ...ut did not pay the required fees. Now, Plaintiff moves 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. The trial court sits as the trier of fact, weighing all the affidavits,...

Excerpt: ... 5 and 12 to determine if any portion of RGN's Written Discovery is no longer necessary in light of COVAR's work.” (See Parties' Stipulation, dated September 13, 2022.) The Court granted the stipulation and order the parties to comply with its terms, including the meet-and-confer requirement. (See Court's Order, dated September 12, 2021.) Now, Plaintiff moves for discovery sanctions of $2,250 and monetary sanctions of $1,500 under Code of Civil...

Excerpt: ...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 determination.” (Ruiz v. Moss Bros. ...