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: ...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: ...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: ...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: ...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: ...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: ...��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: ...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...