Excerpt: ...te—currently July 25, 2023—for 60 to 90 days due to Plaintiffs' counsel's health issues and the necessity of the Court ruling on certain pretrial motions sufficiently in advance of trial. The Court grants Plaintiffs' counsel's ex parte application. Defendants' counsel challenges Plaintiffs' counsel's representations concerning his health conditions, but the Court takes him at his word. Perhaps more important, the Court does not anticipate bei...

Excerpt: ... speculates Defendant must have more responsive documents. (Holguin v. Superior Court (1972) 22 Cal.App.3d 812, 820.) Accordingly, the motion is denied. Order #2 of 2 Motions to Compel Further Responses to SROG and RPD Promed Medical Supplies (“Promed”) moves to compel further responses from Mandana Nazar (“Nazar”) to Special Interrogatories, Set One (“SROG”) and Requests for Production of Documents, Set One (“RPDs”). The Court gr...

Excerpt: ...s: “Explain in detail and with particularity how YOU have used or intend to use the NK-92 cells in connection with manufacturing or testing (e.g., preclinical testing, characterization assays, stability testing, or quality control testing) of NK-92-RELATED COMPOSITIONS, including but not limited to a description of the nature of the use, an identification of the date(s) of the use, a description of the location(s) of the use, an identification ...

Excerpt: ...partment officer. Plaintiff previously worked for Riverside, and alleges that Riverside's employees intentionally interfered with his employment with the City of Los Angeles by communicating false information about him. To that end, the Court conducted an in camera review of any communications between the City of Riverside and the City of Los Angeles. “Official information” is privileged under Evidence Code section 1040 when “[d]isclosure o...

Excerpt: ...on: (1) Sexual harassment under the Fair Employment and Housing Act, Government Code sections 12900, et seq. (“FEHA”), (2) Sexual assault/battery, (3) Negligent hiring, supervision, and retention, (4) Discrimination based upon race and/or national origin, (5) Failure to prevent harassment/discrimination, (6) Retaliation, (7) Violation of Labor Code section 1102.5, (8) Violation of Labor Code sections 6310 and 6311, and (9) Wrongful terminatio...

Excerpt: ...ng, LLC, for that purpose. (Ibid.) Plaintiff alleges that as a condition of working for Defendant, he was required to enter into an agreement stating that he is an independent contractor, even though he was an employee under California law. (Id., ¶¶ 6, 8.) The agreement also had a non-compete agreement. (Id., ¶ 6.) Now, Plaintiff seeks a declaratory judgment that the agreement is governed by California law; he was an employee; and the non-comp...

Excerpt: ...othing unlawful. (Complaint, ¶¶ 14-16.) The LAPD officers placed him on the ground and aggressively pinned him to the ground by placing weight on Plaintiff's lower back. (Complaint, ¶¶ 14- 20.) The LAPD officers then handcuffed Plaintiff and placed him in the back of a police car. (Complaint, ¶¶ 21-25.) Then, the LAPD officers released Plaintiff. (Complaint, ¶ 25.) One officer explained that there had been a robbery and said “sometimes t...

Excerpt: ...of a roadway's dangerous condition and the City's acts and omissions, Forest's car slid off the roadway, traveled 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. Forest and Plaintiff have settled for $25,000, and Forest seeks a determination that the settlement was in good faith. The City opposes the...

Excerpt: ...ulated that this deadline shall be April 4, 2027. The Court grants the stipulation and re-sets the deadline for this case to proceed to trial as April 4, 2027. The Court discharges the Court's Order to Show Cause re: Tolling the five‐year date. A. Order to show cause re: dismissal of unserved defendants in the complaint This case was filed on December 24, 2020. Numerous defendants appear not to have been served, including but not limited to: (1...

Excerpt: .../harassment under FEHA 4. Discrimination on the basis of race/ancestry/national origin under FEHA 5. Harassment on the basis of race/ancestry/national origin under FEHA 6. Retaliation for complaining about race/ancestry/national origin discrimination under FEHA 7. Failure to prevent discrimination/harassment/retaliation under FEHA 8. Wrongful constructive termination 9. Intentional infliction of emotional distress Defendant now moves to compel ar...

Excerpt: ...FEHA, (4) Failure to prevent discrimination and retaliation under FEHA, (5) Wrongful termination in violation of public policy, and (6) Declaratory and injunctive relief. Defendant demurs to the first, fifth, and sixth 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. (2015) 235 Cal.App.4th 385, 388.) In ruling on a demurrer, the cou...

Excerpt: ... Defendant “negligently performed services and overbilled [him] by several thousands of dollars for the work performed.” Plaintiff alleges that as a result, he lost the appeal, and the judgment was confirmed. Now, Defendant moves for summary judgment, which Plaintiff opposes. The motion is granted. PROCEDURAL HISTORY In or about June 2012, Plaintiff began renting a condominium he owned to a couple named Howard and Jean Rosenfield. (Defendant'...

Excerpt: ...tial responses to the Form Interrogatories, Set One (“FROG”), Request for Production of Documents, Set One (“RPDs”), and Special Interrogatories, Set One (“SROGs”). Plaintiff Jacob Eghbalieh filed a bankruptcy petition under Chapter 7 on May 25, 2021. (Declaration of Negar Tehrani, ¶ 3.) Plaintiff's counsel filed this action on May 26, 2021, without knowing about the bankruptcy case. (Id., ¶ 5.) This case was not listed on the “Sc...

Excerpt: ...the “fee”) reflected in Chapter 18.29 of the Long Beach Municipal Code, arguing that it is unconstitutional under Proposition 218 of the California Constitution, Article XIII D. The City argues that Article XIII D does not apply to the fee. Both parties move for summary judgment. The Court grants Defendant's motion and denies Plaintiff's motion. FACTUAL BACKGROUND On October 10, 2017, the City Council passed Ordinance Number ORD-17-0025, whic...

Excerpt: ... related dates. On March 2, 2022, Defendants served a notice of deposition for June 7, 2022. (Declaration of Casey L. Morris, ¶ 2.) Defendants served Requests for Productions of Documents, Set One (“RPDs”) on March 4, 2022, and Plaintiff's counsel sought repeated extensions of the deadline. (Id., ¶ 3.) Defendants' counsel provided additional deposition dates in June 2022. (Id., ¶ 4.) Plaintiff's counsel never provided dates for a depositio...

Excerpt: ...laintiff dismissed the case. Now, Defendant seeks attorney's fees. The motion is granted in part and denied in part against Plaintiff's counsel, the Center for Disability Access, and its owners, but not Plaintiff Traci Morgan. PROCEDURAL HISTORY Plaintiff suffers from Usher Syndrome Type II, meaning that she is partially deaf and partially blind. (Complaint, ¶ 1.) Plaintiff uses screen reader software (“SRS”) to navigate the internet. (Compl...

Excerpt: ...ng Act (“FEHA”), (2) Quid pro quo sexual harassment and creation of a hostile work environment, (3) Retaliation under FEHA, (4) Failure to prevent discrimination/harassment under FEHA, (5) Retaliation under Labor Code section 1102.5, (6) Retaliation under Labor Code section 6310, and (7) Retaliation and wrongful termination in violation of public policy. Now, Plaintiff moves to compel further responses from Sterling to Special Interrogatories...

Excerpt: ... 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 clarity c...

Excerpt: ...rbitrator. Therefore, the Court determines issues of arbitrability unless the issue depends upon the credibility of extrinsic evidence. (See Aanderud v. Superior Court (2017) 13 Cal.App.5th 880, 891, citations omitted; Greenspan v. LADT, LLC (2010) 185 Cal.App.4th 1413, 1437, citation omitted.) The Court should attempt to give effect to the parties' intentions, in light of the usual and ordinary meaning of the contractual language and the circums...

Excerpt: ...Negligent hiring, supervision, and retention, (4) Discrimination based upon race and/or national origin, (5) Failure to prevent harassment/discrimination, (6) Retaliation, (7) Violation of Labor Code section 1102.5, (8) Violation of Labor Code sections 6310 and 6311, and (9) Wrongful termination in violation of public policy. Now, Defendants move for summary judgment or, in the alternative, summary adjudication. The Court addresses one issue sepa...

Excerpt: ...all. The Court previously sustained in part and overruled in part a demurrer and granted a motion to strike. Plaintiff filed a first amended complaint asserting the following causes of action: 1. Breach of contract 2. Breach of the implied covenant of good faith and fair dealing 3. Professional negligence 4. Negligent interference with prospective economic relations 5. Negligent misrepresentation 6. Intentional interference with prospective econo...

Excerpt: ...e was filed on 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's defense in this case is that Eunice Hemphill received public benefits, which should ha...

Excerpt: ... 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 behavioff by another tenant, ChristopherTripp. (Id„ 25.) Plaintiffs allege that Tripp made a series of racist and obscene comments to Plaintiff Ryan Erickson. (Ibid.) Plaintiffs also allege that Ong failed to add...

Excerpt: ...ecision Builders") (collectively, "Defendants"). Defendants demur to the following causes of action: First COA — Negligence Second COA — Negligence per se Fifth COA — Breach of implied covenant to perform work in a good/competent manner Sixth COA — Trespass to Land Seventh COA — Private Nuisance Defendants also move to strike the prayer for punitive damages and emotional distress damages, as well as related allegations. The Court sustai...

Excerpt: ...on of the Professional Boxing Safety Law, 15 U.S.C. 5 6308(b); (4) Violation of the Professional Boxing Safety Law, 15 U.S.C. S 6307e(b); (5) Violation of the Professional Boxing Safety Law, 15 U.S.C. S 6304(4); (6) Conspiracy to violate the Professional Boxing Safety Law; (7) Unfair business practices; (8) Promissory estoppel; and (9) Declaratory relief. Plaintiff attached a copy of the contract at issue, which was beb.veen Plaintiff and TGB Pro...