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...

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: ...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: ...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...