Excerpt: ...tion: Second Claim – Hostile work environment/harassment based on age, gender, race, national origin, and color, in violation of the Fair Employment and Housing Act (“FEHA”), Government Code section 12900, et seq. Sixteenth Claim – Intentional infliction of emotional distress Now, Defendant Grant demurs to these causes of action and moves to strike the prayer for punitive damages. The Court overrules the demurrer to the second cause of ac...

Excerpt: ...f $2,060.15. 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 v. Enterprise Rent‐A‐Car 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 d...

Excerpt: ...ains an arbitration provision. (Declaration of John Kralik, Exh. #1, p. 10, ¶ 31.B.) Defendant moves to compel arbitration in this case. 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 c...

Excerpt: ... right to be heard and shall submit to entry of this tentative order. Plaintiff Parvin Jamali (“Jamali”) filed this complaint against U.S. Bank National Association (“U.S. Bank”) and Select Portfolio Servicing, Inc. (“Select Portfolio”) (collectively, the “Movants”) concerning a foreclosure action. Now, the Movants demur to the complaint. “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a...

Excerpt: ...es unsatisfactory, the propounding party may move to compel further responses. (Code Civ. Proc., §§ 2033.290; 2030.300.) After Defendant filed these motions, Plaintiff served supplemental responses to the RFAs. As such, Defendant's motion to compel further responses to the RFAs is moot except with respect to sanctions. Plaintiff's responses to the FROG consist only of objections. As Defendant timely filed these motions to compel further respons...

Excerpt: ...tile work environment/harassment based on age, gender, race, national origin, and color, in violation of the Fair Employment and Housing Act (“FEHA”), Government Code section 12900, et seq. Sixteenth Claim – Intentional infliction of emotional distress Now, Defendant Loughridge demurs to these causes of action and moves to strike the prayer for punitive damages. The Court sustains the demurrer and takes the motion to strike off-calendar as ...

Excerpt: ... to discuss this issue at the hearing. [TENTATIVE] ORDER Plaintiffs filed the instant case on January 7, 2021, which included a cause of action under the Private Attorney General Act (“PAGA”), California Labor Code section 2699, et seq. Plaintiffs seek approval of the settlement of the PAGA claim. Noel Van Wagner and Veronica Andrade (the “Intervenors”) filed their own action against Defendants on May 15, 2022: Noel Van Wagner, et al. v. ...

Excerpt: ...e when the Court is available. In the alternative, the parties may email the Court's clerk at [email protected] before Friday, October 21, 2022, at 8:30 a.m. to request a hearing. Any email shall copy all parties. If neither party requests a hearing, the Court will decide the motion without holding a hearing and will adopt the following tentative order. INTRODUCTION Plaintiff Charles A. Mattera (“Mattera”) and United Studios of Self-Defen...

Excerpt: ...ate when the Court is available. In the alternative, the parties may email the Court's clerk at [email protected] before Thursday, October 20, 2022, at 9:00 a.m. to request a hearing. Any email shall copy all parties. If neither party requests a hearing, the Court will decide the motion without holding a hearing and will adopt the following tentative order. Plaintiff Fredy Wembe (“Plaintiff”) filed this employment action against Target St...

Excerpt: ... as a defendant in the original complaint. Plaintiff added Van Nuys-L by way of a Doe amendment on June 8, 2022. Defendants now move to strike Plaintiff's prayer for punitive damages and related allegations. Although the Fair Employment and Housing Act does not authorize punitive damages, California's punitive damages statute—Civil Code section 3294—applies to actions brought under FEHA. (Commodore Home Systems, Inc. v. Superior Court (1982) ...

Excerpt: ... 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. Auto Group, Inc. (20...

Excerpt: ...), 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. Plai...

Excerpt: ...c Nursing Solutions, Inc. (“Defendant”) on August 9, 2021. Defendant filed a motion to compel arbitration, and Plaintiff opposed the motion, representing that she did not understand English 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 w...

Excerpt: ...tion and moves to strike the prayer for punitive damages. Plaintiffs' fifth cause of action is for fraudulent concealment. Plaintiffs must allege the following: (1) Defendant concealed or suppressed a material fact; (2) Defendant had a duty to disclose the fact to Plaintiffs; (3) Defendant intended to defraud Plaintiffs by intentionally concealing or suppressing the fact; (4) Plaintiffs were unaware of the fact and would not have purchased the ve...

Excerpt: ...9419 Mason Partners LLC (“9419 Mason Partners”), among others, asserting the following causes of action: 1. Breach of implied contract 2. Intentional misrepresentation 3. Negligent misrepresentation 4. Negligence 5. Breach of fiduciary duty 6. Conversion 7. Accounting 8. Restitution based upon unjust enrichment 9. Unfair competition under Business and Professions Code section 17200 10. Elder abuse Defendants demur to each cause of action, whi...

Excerpt: ...ndar and this order shall be issued. The Court authorizes the parties to appear remotely through LACourtConnect. Any party who is not able to use LACourtConnect may call the Court's judicial assistant, Roberto Mendoza, at (213) 633-0159 to determine whether it is possible to appear via telephone. ORDER Plaintiff David Rentz (“Plaintiff”) filed this action against Michael Deblois (“Defendant”), asserting a single cause of action for intent...

Excerpt: ...Action – Violation of Penal Code section 496 Now, Defendant moves for summary judgment or, in the alternative, summary adjudication. “[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 f...

Excerpt: ...ces, LLC (“Cambridge”), and (3) Sabita Malla, M.D. (“Malla”) (collectively, “Defendants”). Plaintiff asserts three causes of action: (1) Elder Abuse and Neglect under Welfare and Institutions Code sections 15600, et seq., (2) Violation of Health and Safety Code section 1430(b), and (3) Wrongful Death. Now, Malla demurs to the first cause of action. Malla also moves to strike the prayer for attorney's fees and punitive damages and rela...

Excerpt: ... September 27, 2022, but if this issue is dispositive and Plaintiff does not waive the objection, the Court intends to continue the hearing, order Defendant to lodge a copy of the electronic chat, and afford Plaintiff an opportunity to respond. The Court orders the parties to appear either remotely or in-person on September 27, 2022, at 8:30 a.m. INTRODUCTION Plaintiff Kapish Haldia (“Plaintiff”) filed this action against Cody Mattingly (“D...

Excerpt: ...le collision. Defendant M.T. Towing Systems (“M.T. Towing”) moves to quash or modify Plaintiffs' deposition subpoena. 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 atto...

Excerpt: ... to 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 Plaintiff's request.” (Ibid.) “[Defendant] subjected [Plaintiff] to half an hour of cross- examination about his religious beliefs and then denied his exemption request, without explanation.” (Ibid.) This action followed. Defendant...

Excerpt: ...and Housing Act (“FEHA”) based upon a disability, (4) Retaliation in violation of FEHA, and (5) Breach of Contract. Defendants demur to the first amended complaint and move to strike the prayers for attorney's fees, prejudgment interest, and punitive damages. 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, c...

Excerpt: ...rt provides notice that there shall be no further continuances, absent good cause. Given the current trial date, the Court must decide these motions by mid-September. The Court issues the following tentative order in advance of the hearing and provides notice that if Plaintiffs do not appear at the hearing, either remotely or in person, they shall waive the right to be heard on these motions and shall submit to entry of this tentative order. Defe...

Excerpt: ...nd Executor of the Estate of Ralph Truglio (“Plaintiff”) filed this action against Chutter, Inc., which does business as “Dan Tana's Restaurant,” as well as Sonja Perencevic (collectively, “Defendants”). Plaintiff owns the premises located at 9071 Santa Monica Boulevard in Los Angeles, California. Defendant Chutter is the lessee under a lease which originated in 1963. The lease was amended multiple times, extending the lease for five ...

Excerpt: ...y had and received, (6) Common counts – Moneys lent, (7) Negligent misrepresentation; (8) Promissory estoppel, (9) Breach of fiduciary duty, (10) Actual fraud, (11) Violation of Business and Professions Code section 17200, (12) Conversion, and (13) Violation of Penal Code section 496. Defendants TD Capital, LLC, Medline Management Corporation, and Colony Capital, LLC (collectively, “Cross-Complainants”) filed a cross-complaint asserting cau...

Excerpt: ...e is governed by the third arbitration agreement, which Plaintiff signed on October 24, 2006. This agreement states that “this Acknowledgment supersedes all previous agreements and representations, whether written or oral, express or implied, relating to the subjects covered in this Acknowledgment.” (Declaration of Hiromi Oki, Exh. #3, p. 2.) Therefore, this arbitration agreement controls. Plaintiff argues that PAGA claims are not covered by ...

Excerpt: ...ff] as part of the Dental Assistant program at Career Care Institute with Gateway Dental Group . . . as a student intern following her assignment to [Defendant] and the reasons for the change in assignment.” (Declaration of Colleen M. Mullen, Exh. #3.) Plaintiff moves to quash this subpoena. If a subpoena requires deposition testimony or the production of documents, the Court may quash the subpoena entirely or modify it. (Code Civ. Proc., § 19...

Excerpt: ...s International Airport. Plaintiff named 19 different companies that may have been responsible for Decedent's death. Now, Ingersoll Rand, Inc. (“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 all...

Excerpt: ...laintiffs 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 conveya...

Excerpt: ...laintiff 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 wh...

Excerpt: ...sabilities Act (the “ADA”), The Unruh Civil Rights Act (the “Unruh Act”), and the California Disabled Persons Act (the “Disabled Persons Act”). Now, Defendant moves for summary judgment, as well as attorney's fees, which Plaintiffs oppose. The Court grants Defendant's motion for summary judgment but denies Defendant's motion for attorney's fees. FACTUAL BACKGROUND Plaintiffs are disabled and cannot drive. (Plaintiffs' Separate Stateme...

Excerpt: ...h of covenant of quiet enjoyment 5. Negligence 6. Harassment 7. Intentional infliction of emotional distress 8. Negligent infliction of emotional distress 9. Discrimination under federal law 10. Discrimination under the Unruh Civil Rights Act 11. Discrimination under FEHA Now, Defendant demurs to the second, fourth, seventh, eighth, ninth, tenth, and eleventh causes of action. Defendant also moves to strike the prayer for punitive damages and rel...

Excerpt: .... Failure to Engage in Good Faith Interactive Process 6. Retaliation under Government Code section 12945.2 7. Declaratory Judgment 8. Wrongful Termination in violation of Public Policy Now, Defendant moves for summary judgment or, in the alternative, summary adjudication, which Plaintiff opposes. The Court denies summary adjudication of Plaintiff's claims that she was terminated for taking medical leave. The Court denies summary adjudication of t...

Excerpt: ...client, believed to be Famosa, Inc. (“Famosa”), in a manner that injured Plaintiff, another Lewis Brisbois client. (First Amended Complaint, ¶ 10.) The amount of payment for damage during interstate transportation is limited by the Carmack Amendment. (Id., ¶ 14.) Plaintiff alleges that Famosa, which imports marble, sought a legal opinion from Lewis Brisbois to determine whether Famosa could “sidestep the limits of the Carmack Amendment an...

Excerpt: ... be adopted, and the case shall be dismissed without prejudice. Plaintiff Charles A. Mattera (“Mattera”) and United Studios of Self-Defense, Inc. (the “Studio”) (collectively, “Plaintiffs”) filed this action against two sets of defendants. First, Plaintiffs named the State of California, Department of Financial Protection and Innovation and certain employees (collectively, the “State of California” or the “State”). Second, Pla...

Excerpt: ...a property and hired Allied Nationwide Security (“Allied”) to provide security services. Allied assigned Plaintiff, a security guard, to provide security for the project. On January 12, 2019, Plaintiff was working on the property when a wooden door fell on him, causing injury. Plaintiff asserts causes of action for premises liability, negligence, and negligence per se. MCRT moves for summary judgment, which Plaintiff opposes. Defendants also ...

Excerpt: ...on (intentional infliction of emotional distress). A motion for judgment on the pleadings has the same function as a general demurrer, but may be made after the time to demur has expired. (Code Civ. Proc., § 438, subd. (f).) “Like a demurrer, the grounds for the motion [for judgment on the pleadings] must appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” (Civic Partners ...

Excerpt: ...statute or otherwise (including the interpretation and scope of this Arbitration Provision, and the arbitrability of the claim or dispute), between you and us or our employees, agents, successor or assigns, which arises out of or relates to you credit application, purchase or condition of this vehicle, this contract or any resulting transaction or relationship (including any such relationship with third parties who do not sign this contract) shal...

Excerpt: ...uh would invest $200,000 and would receive a 20 percent interest in CMC. (Complaint, ¶¶ 14-19, 21.) Plaintiff also alleges that after he executed the contract in 2018, Clayton and another defendant, Donald Anderson, demanded that he “invest additional funds into the business, as well as invest substantial time and money setting up the growing and processing aspects of the business.” (Complaint, ¶ 27.) Suh alleges that he complied with thei...

Excerpt: ...it to entry of this tentative order without further hearing. INTRODUCTION Plaintiff Elizabeth Harandi (“Plaintiff”) filed this action against Farshad Harandi (“Defendant Harandi”), Rodeo Realty, Inc. (“Rodeo Realty”) and Malibu Escrow Company (“Malibu Escrow”) asserting causes of action for breach of fiduciary duty, negligence/gross negligence, fraud, intentional infliction of emotional distress, negligent supervision, and unjust ...

Excerpt: ...yong Lee (collectively, “Plaintiffs”) filed this action following damage to a retaining wall dividing three separate properties: (1) Plaintiffs' property (the “New Hampshire Avenue property”), (2) Property owned by Defendants Jeffrey and Shirley Liyanto until February 2019, when they transferred the property to Defendant Britestone Berendo Holdings, LLC (the “South Berendo Street property”), and (3) Property owned and managed by Defen...

Excerpt: ... 29, 2022. A. Motion to Compel Further Responses If the propounding party deems responses to requests for production of documents unsatisfactory, the propounding party may move to compel further responses. The Court rules as follows: RPD #1 – Granted. Defendant's response does not comply with section 2031.230. This response is not code-compliant because it does not state clearly that Defendant has no itemized wage statements beyond the pay stub...

Excerpt: ...n for harassment under the Fair Employment and Housing Act (“FEHA”), Government Code sections 12940 et seq. Now, Flores moves for summary judgment. LEGAL STANDARD “[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 ...

Excerpt: ...U/A/D dated April 18, 2020.” The cross-complaint asserts the following causes of action: (1) Equitable indemnity re: contract damages; (2) Equitable indemnity re: tort damages; (3) Fraud; (4) Breach of fiduciary duty; (5) Elder abuse; and (6) Preliminary and permanent injunctive relief. On June 22, 2021, the Court relieved McBride's former counsel, Mr. Richard A. Kolber, Esq. On July 8, 2021, McBride's current counsel, Mr. Armen G. Militian, Es...

Excerpt: ...tative order also noted that the jury fees had not been paid by either party, and the Court would not decide Plaintiff's motion for attorney's fees and any motion to tax costs by Defendant until these fees are paid. Each party owes $807.91. Plaintiff's counsel appeared at the hearing, but Defendant's counsel did not appear. Plaintiff's counsel informed the Court that he was in the process of paying the outstanding jury fees. According to Plaintif...

Excerpt: ...m representing EM Express. This order is conditioned on Mr. Zakhary serving this order upon EM Express, by and through its representative, and filing a proof of service. Once Mr. Zakhary does so, he shall be relieved. B. Order to Show Cause re: Striking the Answer of EM Express On May 5, 2022, the Court issued an Order to Show Cause why it should not strike the answer of the entity defendant—which is EM Express—for lack of representation. The...

Excerpt: ...2 Portafino Place in Whittier, California (the “Portafino property.”) Per the agreement, Barry contributed $60,000 to the down-payment of the property, and Paredes would make the mortgage payments until the time when she would repay Plaintiff and Paredes would refinance the property and pay back Barry. However, Paredes has refused to refinance the loan or sell the property, and Barry has not been reimbursed. Paredes filed a cross-complaint ag...

Excerpt: ...nd about unsafe working conditions, following which he was terminated. Defendant moves for summary judgment, which Plaintiff opposes. The motion is granted. LEGAL STANDARD “[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 t...

Excerpt: ...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 taking title to the family home in his own name, and then systematically, though a scheme involving the co-defendants, depleting the equity from the home, causing the home to be sold, and keeping the proceeds for himself. After taking title to the family home as a single, unmarried man, Defendan...

Excerpt: ...Lindholm” or “Respondent”) to arbitrate the parties' dispute. Petitioner alleges as follows: On February 16, 2021, Petitioner and Respondent entered into a written agreement pursuant to which Petitioner would provide certain services to Respondent, including provision of space accommodations for Respondent's horses, daily feeding, and space cleaning. (Petition, ¶ 1 & Exh. 1.) The agreement has an arbitration provision. (Id., ¶ 2 & Exh. #1...