Excerpt: ...xistence 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. A...

Excerpt: .... At the hearing, Defendant requested a continuance to retain counsel. The Court granted the request and continued the hearing to January 4, 2023. Defendant retained counsel, who provided verified responses on December 20, 2023. Therefore, the Court denied the motion but ordered Defendant to pay sanctions, per Code of Civil Procedure section 2033.280(c). Now, Plaintiff seeks reconsideration of that decision. Plaintiff argues that “[t]he operati...

Excerpt: ... (“Defendant Kashani”), Romyan Nourafchan (“Defendant Nourafchan”), Mehdi Vosogh (“Defendant Vosogh”), and 9419 Mason Partners LLC (“9419 Mason Partners”) (collectively, “Defendants”). This action stems from Defendants' interest in using Original Balboa's license to operate multiple different cannabis businesses at that location. Plaintiffs allegedly leased industrial space from Mason Partners and Defendant Nourafchan (the “...

Excerpt: ...rassment 6. Intentional infliction of emotional distress (“IIED”) 7. Discrimination under federal law 8. Discrimination under the Unruh Civil Rights Act 9. Discrimination under FEHA Now, Defendant demurs to the second cause of action (breach of fiduciary duty) and the sixth cause of action (IIED). Defendant also moves to strike the prayer for punitive damages and related allegations. PLAINTIFFS' ALLEGATIONS Plaintiffs are spouses and own a re...

Excerpt: ...nder Code of Civil Procedure section 377.60. Plaintiff alleges that Neva Ladion, who was 94 years old, was a resident of a skilled nursing facility. (Complaint, ¶ 19.) Neva Ladion (“Decedent”) had a history of dementia, hypertension, bladder cancer, and end-stage renal failure, requiring hemodialysis treatment. (Ibid.) Neva Ladion developed an AV fistula on her left arm, and on March 10, 2020, she was found unresponsive with profuse bleeding...

Excerpt: ...cy, age discrimination under the Fair Employment and Housing Act (“FEHA”), racial discrimination under FEHA, and failure to prevent discrimination under FEHA. Plaintiff also seeks punitive damages. Defendants demur to the complaint and move to strike the prayer for punitive damages. Plaintiff does not clearly allege which of these entities is her immediate employer, though she suggests that she worked for SCPMG, which is located in Los Angele...

Excerpt: ... Similarly, Plaintiff alleges that Defendant deprived employees of reimbursement for business expenses by imposing a 90-days deadline to file a claim. Now, Defendant moves to uphold confidential designations of its compensation plan documents, which Plaintiff opposes. The motion is granted in part and denied in part. LEGAL STANDARD The parties stipulated to a protective order, which defines confidential materials as “any Documents, Testimony, o...

Excerpt: ...tory and injunctive relief Now, Defendant moves to strike the complaint under Code of Civil Procedure section 425.16, commonly known as the Anti-SLAPP statute, and moves for attorney's fees under the statute. Plaintiff opposes the motions. The Court previously granted Plaintiff certain discovery that was necessary to oppose the anti- SLAPP motion and authorized supplemental briefing. Now, the Court denies Defendant's motions. PLAINTIFF'S ALLEGATI...

Excerpt: ...motion is granted. FACTUAL BACKGROUND The City filed this action to acquire a permanent public easement to a portion of the Ainslies' property, which is located at 3165 Motor Avenue in Los Angeles, California. (Declaration of Michael M. Haddadin, ¶¶ 7, 9.) The City seeks to acquire this property in order to construct a continuous bike path from Exposition Park to Santa Monica. (Id., ¶ 5.) The City seeks a permanent public access easement over ...

Excerpt: ...“Intervenors”) filed their own action against Defendants on May 15, 2022: Noel Van Wagner, et al. v. Westlake Properties, Inc., et al., Case No. 22STCV16191. Previously, the Court found that the two cases are not related. Now, the Intervenors seek leave to file a complaint-in-intervention in the instant case. Plaintiffs filed the instant PAGA claim on behalf of themselves and other current or former employees based upon Defendants' alleged wa...

Excerpt: ...l 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 draws inferences favorable to the plaintiff, not the defendant.” (Perez v. Golden Empire Transit Dist. (2012) 209 Cal.App.4th 1228, 1238.) Def...

Excerpt: ...r Employment and Housing Act (“FEHA”), and violation of Los Angeles Municipal Code section 45.33. Defendant demurs to the IIED claim and moves to strike the prayer for punitive damages. The demurrer is overruled but the motion to strike is granted. 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 d...

Excerpt: ...ke portions of the operative 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 draws inferences favorable to the plaintiff, not...

Excerpt: ...��a true and correct copy of what I am informed and believe is a Retail Installment Sale Contract (the ‘Sales Contract') relating to Plaintiff's purchase of the subject vehicle at issue in this action” and that “I am informed and believe that the Sales Contract (Exhibit 3) was executed and maintained in the regular course of business.” (Declaration of Nicholas S. Maugeri II, ¶¶ 4-5.) Plaintiff's counsel objected, arguing that the declar...

Excerpt: ...he Court also provided notice: “[I]f Plaintiff's counsel does not appear at the OSC hearing, absent good cause, the Court intends to dismiss this case with prejudice.” (Ibid.) The Court held an OSC hearing on January 5, 2023. Plaintiff's counsel provided no evidence that his client's claims were viable, and Plaintiff's counsel did not appear at the hearing. (See Court's Minute Order, dated January 5, 2023.) Therefore, the Court dismissed this...

Excerpt: ...Gamboa v. Northeast Community Clinic (2021) 72 Cal.App.5th 158, 165.) For this step, “it is not necessary to follow the normal procedures of document authentication.” (Id., quoting Condee v. Longwood Management Corp. (2001) 88 Cal.App.4th 215, 219.) “If the moving party meets its initial prima facie burden and the opposing party does not dispute the existence of the arbitration agreement, then nothing more is required for the moving party t...

Excerpt: ... recall. Plaintiff asserts ten causes of action, and Defendant demurs to the second through tenth causes of action. Defendant also moves to strike portions of the complaint. LEGAL STANDARD A. Demurrer A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. ...

Excerpt: ...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 arbitration.” (Brock v. Kaiser Foundation Hosp...

Excerpt: ...d a motion to compel Plaintiff's responses to Requests for Production of Documents (“RPDs”), Form Interrogatories (“FROGs”), and Special Interrogatories (“SROG”). The Court granted the motion on May 12, 2022, and ordered Plaintiff to provide responses to this discovery. The Court also ordered Plaintiff and Plaintiff's counsel, jointly and severally, to pay sanctions in the amount of $882.50. (See Court's Minute Order, dated May 12, 20...

Excerpt: ...fare and Institutions Code section 14009.5. In brief, Plaintiff alleges as follows: Barbara Harris, also known as Barbara Jean Harris, died on or about January 14, 2016, while in possession of real and personal property with an approximate value of $537,339. (Complaint, ¶¶ 3, 20, 23.) The Department of Health Care Services (the “Department”) paid for Ms. Harris's healthcare through Medi- Cal. (Complaint, ¶ 20.) Specifically, the Department...

Excerpt: ...deration”) for $52,800,000. (Third Amended Complaint, ¶ 74.) Plaintiff further alleges that Plaintiff would provide $1,500,000 to Global Meat Federation as working capital while the parties completed the proposed transaction. (Third Amended Complaint, ¶¶ 77-78.) Plaintiff alleges that he terminated the proposed purchase, and requested the return of the $1,500,000. (Third Amended Complaint, ¶ 86.) Plaintiff alleges that Global Meat Federatio...

Excerpt: ...led this action, asserting causes of action for discrimination, harassment, retaliation, and intentional/negligent infliction of emotional distress, as well as a failure to pay statutorily mandated wages, among other claims. Plaintiff signed an arbitration agreement when she was hired by USC. Therefore, Defendants moves to compel arbitration, which Plaintiff opposed. The Court held a hearing on April 29, 2022, following which the Court took the m...

Excerpt: ...ratory relief. Plaintiffs allege that Defendants, who are Plaintiff Juan Ligutom's parents, agreed to help them purchase a house. Plaintiffs allege that Defendants “orally agreed to help by qualifying for financing, temporarily holding title, and transferring title to [Plaintiffs] after they were able to qualify for financing on their own.” (Complaint, ¶ 11.) Plaintiffs allege that they “would locate the home, negotiate the purchase, and m...

Excerpt: ...e portions of the operative 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 draws inferences favorable to the plaintiff, not ...

Excerpt: ... Plaintiff drunk alcohol on the night of the incident, as she admitted to doing so during her deposition. (See Declaration of Lauren B. Fazio, Exh. B, pp. 123:3-8, 124:11-17, 125:1-10.) Therefore, evidence that Plaintiff purchased alcohol is not relevant impeachment evidence, i.e., if she had denied drinking alcohol. Assuming Plaintiff does not deny consuming alcohol on the night of the incident, the Court grants the motion. There is no probative...

Excerpt: ...has been destroyed, has been lost, misplaced, or stolen, or has never been, or is no longer in the possession, custody, or control of the responding party. The statement shall set forth the name and address of any natural person or organization known or believed to have possession, custody or control of the document. Millinium failed to comply with this section. First, Millinium does not make clear whether the documents “have never been in the ...

Excerpt: ...“Intervenors”) filed their own action against Defendants on May 15, 2022: Noel Van Wagner, et al. v. Westlake Properties, Inc., et al., Case No. 22STCV16191. Previously, the Court found that the two cases are not related. Now, the Intervenors seek leave to file a complaint-in-intervention in the instant case. Plaintiffs filed the instant PAGA claim on behalf of themselves and other current or former employees based upon Defendants' alleged wa...

Excerpt: ...aintiffs paid Defendant Global a total of $30,000 for the purported loan modification. However, in March 2010, Defendant Laura Ngocdiep Mai, also known as Jacqueline Mai (“Defendant Mai”) forged a quit claim deed transferring the property. The quit claim deed was notarized by Defendant Sandy Lorraine Alvarez-Molina (“Defendant Alvarez-Molina”). Based upon these allegations, Plaintiffs assert causes of action for fraud, fraudulent conveyan...

Excerpt: ...epwater, Inc. (“Deepwater”) 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”) (collectively, the “Cross-Defendants”). Legal Support ...

Excerpt: ...intiffs and moves for a determination that the settlement was reached in good faith. Defendant also seeks to redact and seal the amount of the settlement. The Court previously ruled that Defendant may redact the amount of the settlement. (See Court's Minute Order, dated October 25, 2022.) Although the settlement amount is confidential, Defendant has apprised the Court and the other parties of the amount of the settlement, so the Court can hear th...

Excerpt: ...e with prospective economic advantage. Now, Defendant demurs to all causes of action, which Plaintiff opposes. The Court sustains the demurrer to the first cause of action with leave to amend and overrules the demurrer with respect to the remaining causes of action. PLAINTIFF'S ALLEGATIONS Defendant is an attorney, and Plaintiffs hired him to serve as counsel to advise them on assembling certain parcels of property in the Koreatown area of Los An...

Excerpt: ... the propounding party may move to compel further responses. (Code Civ. Proc., § 2031.310.) However, the propounding party must file a motion to compel further responses within 45 days after the responding party served verified responses, unless the parties agree in writing to extend the time. (Code Civ. Proc., § 2031.310, subd. (c).) The Court cannot consider an untimely motion to compel further responses. (Vidal Sassoon, Inc. v. Superior Cour...

Excerpt: ...o 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 discretion,...

Excerpt: ... 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 must allege that the defendant has been guilty of oppression, fraud or malice. (Civ. Code, § 3294, subd. (a).) “Malice is defined in the statute as conduct intended by the defendant to cause injury to the plaintiff or despicable conduct ...

Excerpt: ...ve order. A. Background Plaintiff Ellen Pittleman and her company, Hybrid Entertainment, Inc. (collectively, “Pittleman”) filed a complaint against Mauro Spina and his company, Spina Organics, LLC (collectively, “Spina”), and Spina filed a cross-complaint against Pittleman. Allegedly, Spina hired Pittleman to update Spina's website and assist Spina with its social media presence. Pittleman alleges that she is owed $177,000 for her work. S...

Excerpt: ...e motion, which is granted. PROCEDURAL HISTORY Plaintiff filed this complaint on February 24, 2021. On September 11, 2022, Defendant's counsel, Mark L. Share sent an email to Plaintiff's counsel, Michael Yellin inquiring on what dates Plaintiff would be available for her deposition. (Declaration of Mark L. Share, Exh. A.) Yellin responded the next day: “I will check with my client, and get back to you.” (Ibid.) Two weeks passed, and on Septem...

Excerpt: ...rance system, she may contact the Court's clerk, Roberto Mendoza, at (213) 633-1059. Plaintiff Sara Samourian (“Plaintiff”), by and through counsel, filed a complaint under the Song- Beverly Consumer Warranty Act against Defendant FCA US LLC (“Defendant”) on June 7, 2019. On August 9, 2021, Plaintiff's counsel and Plaintiff filed a “Substitution of Attorney” form indicating that Plaintiff would be representing herself in this action. ...

Excerpt: ...eriences difficulty appearing remotely, he may contact the Court's clerk, Roberto Mendoza, at (213) 633-0159 for assistance. BACKGROUND Plaintiff Daphne Yadegar (“Plaintiff”) filed this action against American Family Connect Property and Casualty Insurance Company (“American Family”), among others, asserting causes of action for breach of the implied covenant of good faith and fair dealing, fraud, intentional misrepresentation, and neglig...

Excerpt: ...he parties to meet-and-confer concerning a potential date for Plaintiff's deposition. (See Court's Minute Order, dated October 14, 2022.) On October 28, 2022, Plaintiff's counsel sent a letter to Defendants' counsel offering the following dates for a deposition: (1) November 17, 2022; (2) December 1, 2022; and (3) December 15, 2022. (See Declaration of Michael M. Yellin, Exh. E.) The parties have agreed to conduct the deposition on December 1, 20...

Excerpt: ...n), and (4) fraud (concealment). Defendant demurred to the second, third, and fourth causes of action and moved to strike the prayer for punitive damages. On April 14, 2021, the Court sustained the demurrer to the second cause of action without leave to amend, and sustained the demurrer to the third and fourth causes of action with leave to amend. The Court also granted the motion to strike the prayer for punitive damages with leave to amend. Pla...

Excerpt: ..., the propounding party may move to compel further responses. (Code Civ. Proc., § 2031.310.) However, the propounding party must file a motion to compel further responses within 45 days after the responding party served verified responses, unless the parties agree in writing to extend the time. (Code Civ. Proc., § 2031.310, subd. (c).) The Court cannot consider an untimely motion to compel further responses. (Vidal Sassoon, Inc. v. Superior Cou...

Excerpt: ... the pending motions. The Court authorizes remote appearances. If Defendant wishes to appear remotely but is experiencing difficulty, she may contact the Court's clerk, Roberto Mendoza, at (213) 633-0159 for assistance. Plaintiff Jonathan Hemphill (“Plaintiff”) moves to compel responses from Defendant Andrea Riser- Zanders (“Defendant”) to: (1) Special Interrogatories, Set One (“SROG”), (2) Form Interrogatories (“FROG”), and (3) R...

Excerpt: ...automatic suspension of a driver's license is warranted after the driver has been arrested for driving under the influence. At these hearings, the DMV mandated that the hearing officers simultaneously act as advocates for the DMV and as triers of fact. The DMV also authorized its managers to change hearing officers' decisions, or order the hearing officers to change their decisions, without notice to the driver. Based upon the foregoing, Plaintif...

Excerpt: ...98, et seq. (“PAGA”). Then, Plaintiff filed a first amended complaint on November 4, 2022, asserting individual and class action claims, as well as the PAGA claim. Now, the parties seek approval of the class action and PAGA claims against Defendant. Plaintiffs propose a settlement class of “[a]ll persons who are or were employed by Defendant as nonexempt, hourly-paid employees at any of Defendant's locations within the State of California w...

Excerpt: ...endants (the “Tenants”). Gamma Eta alleges that the Tenants did not pay their rent during the relevant time period. The Tenants allege there was a dispute between Gamma Eta and their fraternity, so they paid their rent to the fraternity, not Gamma Eta with whom they signed leases. Gamma Eta filed 26 individual actions asserting claims of breach of contract to recover the unpaid rents. The cases later were consolidated. Plaintiff filed a third...

Excerpt: ... of process. Defendant demurs to the complaint, which Plaintiff opposes. The demurrer is sustained in part and overruled in part. PLAINTIFF'S ALLEGATIONS Defendant, who is an attorney, represented the non-moving defendants in two different lawsuits, both of which settled. (Complaint, ¶¶ 9-12.) Then, Plaintiff moved to enforce the settlement agreements in each of the settled lawsuits under Code of Civil Procedure section 664.6. (Complaint, ¶ 13...

Excerpt: ...ployment case on September 19, 2019 against Defendant Crescent Hotels & Resorts, LLC (“Defendant”), among others. This case has been replete with discovery violations by Plaintiff. On February 8, 2022, Defendant filed a motion to compel Plaintiff's responses to Requests for Production of Documents (“RPDs”), Form Interrogatories (“FROGs”), and Special Interrogatories (“SROG”). The Court granted the motion on May 12, 2022, and order...

Excerpt: ...hat on January 6, 2021, as a result of a roadway's dangerous condition and the City's acts and omissions, a car slid off the roadway, down the hill, and collided with Plaintiff's house. Plaintiff alleges that the incident caused Plaintiff's property and house to become structurally compromised, destabilized, damages, and unsafe. Now, Plaintiff moves for a preliminary injunction requiring the City to tarp, sandbag, secure, and otherwise protect th...

Excerpt: ...glish well enough to consent to arbitration. The Court held an evidentiary hearing, following which the Court found that Plaintiff's account was not credible. (See Court's Minute Order, dated February 8, 2022.) The Court found that Plaintiff understood English well enough to have consented to arbitration because: (1) Her resume states that she had completed an ESL program and was “bilingual” in English and Spanish; (2) Defendant's employees t...

Excerpt: ... amount of $13,578.35. Defendant opposes the motion and argues that Plaintiff's counsel should recover no more than $19,916.50 in total. The prevailing party must seek an award of attorneys' fees via a noticed motion, and bears the burden of proof to justify the amount sought. (See Code Civ. Proc., § 1033.5, subd. (c)(5)(A).) The determination of reasonable amount of attorney fees is within the sound discretion of trial courts. (PLCM Group v. Dr...