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...

Excerpt: ...ive years. Under normal circumstances, the deadline for this case to proceed to trial would be December 24, 2025. However, for purposes of computing this time, the Court excludes all time for which "[b]ringing the action to trial ... was impossible, impracticable, or futile." (Code Civ. Proc. S 583.340(c).) The Court makes the followmg findings: Beginning on March 16, 2020, civil jury trials were suspended in the Los Angeles County Superior Court...

Excerpt: ...ses of action for retaliation under Labor Code section 1102.5, wrongful constructive termination in violation of public policy, breach of contract, breach of the implied covenant of good faith and fair dealing, intentional interference With prospective economic advantage, quantum meruit unfair business practices, conversion and theft of labor, wrongful termination and retaliation under Labor Code section 98.6, misclassification of employees as in...

Excerpt: ...tiffs complaint alleges as follows: Plaintiff is the exclusive licensee and distributor of NantKwest Inc.'s NK-92 cells. (Complaint 2.) "Natural killer cells" area unique type of white blood cells and can have the innate ability to rapidly seek and destroy abnormal cells, such as cancer or virally infected cells. (ld., 10.) Natural killer cells have an unusual cell killing ability without prior exposure of activation by other support molecules of...

Excerpt: ...ocedure section 425.16, commonly known as an anti-SLAPP motion. The Court ruled that Plaintiff could not predicate its legal malpractice claim on allegations that Defendantfiled a hen in the underlying case, but denied the motion in all other respects. Now, Defendant demurs to each cause of action, argumg that there are insufficient facts to state causes of action. The demurrer is overruled with respect to the first and second causes of action, a...

Excerpt: ...liar mth the appropriate standard of care for a patient like Plaintiff in a setting like Defendants' facility. This does not require that Zaccari has ever worked in a behavioral unit or psychiatric hospital. The issue raised by Plaintiff goes to weight not admissibiliV, which falls within the pmvlnce of the jury. Therefore, the motion is denied. To permit Plamtiffs nursing expert to introduce the statutes and regulations applicable to Defendants ...

Excerpt: ... Court excludes all time for which "[b]ringingthe action to trial ... was impossible, impracticable, or futile." (Code Civ. Proc. s 583.3400.) The Court makes the following findings: Beginning on March 16, 2020, civil jury trials were suspended in the Los Angeles County Superior Court due to COVID-19. Pursuant to the Presiding Judge's order ofluly 10, 2020, civil jury trials would resume on the firstcourt day in lanuaty 2021, which is Januaty 4, ...

Excerpt: ...e 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 CalApp.4th 385, 388.) In ruling on a demurrer, the court must "liberally construeO" the allegations of the complaint. (Code Civ. Proc., S 452.) "This rule of liberal construction means that the reviewing court draws inferences favorable to the plaintiff not the defendant" (Perez v. Golden...

Excerpt: ...ACKGROUND This action relates to the property at 6535 Cottage Street in Huntington Park, California 90255 (the "subject property"). (Complaint, 9.) As of August 9, 2004, Plaintiffs were jomt tenants of the subject property. (See Defendant's Separate Statement, 6.) A deed of trustwas recorded on December 28, 2006. (ld., 7.) This first deed of trust refers toanote in the sum of $525,000, and this debt was secured by the property. (Ibid.) A second d...

Excerpt: ... 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 construeO" the allegations of the complaint. (Code Civ. Proc., S 452.) "This rule of liberal construction means that the reviewing court draws inferences favorable to the Farias, not the defendant" (Perez v. Golden Empire Transit Dist. (2012) 209 Cal.App.4th 1228, 1238.) Any party, within the...

Excerpt: ... 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 agreementto resolve a prior dispute. (Complaint, 7.) The settlement agreement provided that Canoo would pay a total of in four instalments on the following dates: (1) $500,000 on September 19, 2022; (2) $500,000 on September 30, 2022; (3) 31.125 million on October 7, 202...

Excerpt: ...rofessional 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 Promotions, LL...

Excerpt: ...d a cross-claim in arbitration "aris[ing] out of Plaintiffs failure to make payments due under the lease agreementthat he signed for the Subject Vehicle." (Declaration of Soheyl Tahsildoost, 6.) Defendant raised tvvo cross-claims. First Defendants asserted a claim for breach of contract and sought the amounts owed under the lease, as well as attorneys fees and costs. Second, Defendants asserted a claim for conversion under Penal Code section 496(...

Excerpt: ...eged wage and hour violations. The parties reached a settlement However, the Labor and Workforce Development Agency, Department of Industrial Relations, Division of Labor Standards Enforcement (the "LWDA") objects to the settlement of the PAGA claim, arguing that " [t]he proposed settlement that Defendants as this court to enforce is not fair or reasonable ... [and] does not meet the standards for approval or enforcement" Accordingly, Plaintiffs'...

Excerpt: ...80,000. Plaintiff alleges that Defendants failed to complete the transaction and deliver the property to Plaintiff. Accordingly, Plaintiff asserts three causes of action: (1) Breach of contract (2) Declaratory relief, and (3) Specific performance. Now, Defendants move 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...

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...