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...

Excerpt: ... the pre-embryos. Prior to the treatment Plaintiff and Ms. Vergara executed a form directive stating that neither could use the embryos to create a child without the written consent of the other. Moreover, Penal Code section 367g(b) prohibits one partner from using the embryos without the written consent of the other. Nevertheless, Plaintiff filed multiple lawsuits agamst Vergara in an effort to use the pre-embtyos to create children, in response...

Excerpt: ...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 discretion in determining the amount of a reasonable attorney's fee award which will not be overturned absent a “manifest abuse of discretion, a prejudicial error of law, or necessary findings not support...

Excerpt: ...strict of California, which is Trevor Johnson v. Air Products and Chemicals, Inc., Case No. 22-CV-07327-JLS-PD (the “federal case”). Defendant moves to stay the instant case pending resolution of the federal case, which Plaintiff opposes. “Trial courts generally have the inherent power to stay proceedings in the interests of justice and to promote judicial efficiency.” (Freiberg v. City of Mission Viejo (1995) 33 Cal.App.4th 1484, 1489.) ...

Excerpt: ...rrorist cell operating ‘The State of Indiana's Public Retirement Fund.” (Complaint, p. 1.) Plaintiff alleges that she is a member of the “Blackfeet-Cherokee-Navajo union” and that Defendants “ha[ve] stolen what they can never repay.” (Complaint, p. 2.) Plaintiff alleges that “Government unions switched [her] birth record and [her] frequencies.” (Ibid.) Plaintiff alleges: “I have been charged bit frequencies for 45 years [and] I ...

Excerpt: ...herefore has no authority to transfer this case. Rather, this motion must be heard in Department One. Therefore, the motion is denied without prejudice to Defendants' counsel requesting a hearing in Department One. Defendants' counsel shall provide notice and file proof of such with the Court. Order #2 of 2 Demurer and Motion to Strike BACKGROUND Plaintiff Urban Soccer 5 Center, LLC (“Plaintiff”) filed this action against Lisa Vernola Salas a...

Excerpt: ...m requesting a jury trial. Defendants were required to post jury fees on or before the case management conference, per Code of Civil Procedure section 631(c). Defendants failed to do so. The Court (Feffer, J.) conducted a case management conference on October 2, 2019, and specifically reminded Defendants' counsel to post jury fees. Judge Feffer ordered: “Jury fees are to be posted by 10/4/19 or jury is waived.” (See Case Management Order, dat...

Excerpt: ...��Cobo”) and Nicole Khoshnoud (“Khoshnoud”)—and two entities—Deepwater, Inc. 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”) (co...

Excerpt: ...ef 4. Conversion 5. Trespass 6. Private nuisance Defendants demur to the first amended complaint and move to strike certain allegations, as well as the prayer for punitive damages. The Court sustains the demurrer with respect to T-Mobile USA. The Court sustains the demurrer to the second, fourth, fifth, and sixth causes of action and denies the motion to strike. PLAINTIFF'S ALLEGATIONS Plaintiff acquired certain real property, located at 10281 We...

Excerpt: ...ng discovety unless the omission violated a court order or othermnse was willful. (New Albertsons, Inc. v. Superior Court (2008) 168 Cal.App.4th 1403, 1422-1434; see also Mitchell v. Superior Court (2015) 243 CalApp.4th 269, 272; Saxena v. Goffney (2008) 159 CalApp.4th 316, 334.) The Court orders both parties to identi$ all witnesses that they plan to call in their respective cases-in-chief, and to produce all exhibits they plan to introduce in t...

Excerpt: ...Ellis ("Plaintiff) filed this action on December 18, 2019. Plaintiff served the Los Angeles County Probation Depaftment (which is located at 500 West Temple Street in downtown Los Angeles) on July 5, 2022. Plaintiff served Defendant Rachel Lara on July 13, 2022, and no proof of service was filed for service upon Defendant Toyea Sims. All defendants filed a demurrer on November 4, 2022, which the Court sustamed with respect to the causes of action...

Excerpt: ...lows: Plaintiff is an actor who has been on the soap opera "General Hospital" for 25 years. (Second Amended Complaint, 5.) Defendant had a policy requiring employees working on television shows to receive a COVID-19 vaccination absent a 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 Plamtiffs ...

Excerpt: ...rkham Kirsten) in place of a previously designated psychiatrist (Dr. Jacob Moussai) because Dr. Moussai is not available on the current trial date. Second, Defendants seek an order to compel an independent medical exammation of Plaintiff. The procedural history is straightfotward. On February 23, 2023, Defendants served a timely demand for an independent medical examination ("IME") of Plaintiff, to take place on March 30, 2023. (Declaration of Ma...

Excerpt: ...: 4. 6. 8. 9. 10. Purchase and/or lease contract concerning the subject vehicle. Repair orders and invoices concerning the subject vehicle. Commumcations with dealer, factory representative and/or call center concerning the subject vehicle. Warranty claims submitted to and/or approved by Defendant concerning the subject vehicle. Any Warranty Policy and Procedure Manual published by defendant and provided to its authorized repair facilities, withm...

Excerpt: ... Inc. ("SoCal") (collectively, "Defendants"), among others, asserting a case of action for fraud and seeking to set aside a fraudulent transfer, as well as a constructive trust and declaratoty judgment. Plaintiff and Shitrit were married, 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 takmg title to the family home in his own name, and then s...

Excerpt: ...n 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 served a subpoena upon JP Morgan Chase Bank for all bank records for Eunice Hemphill's accountfrom Ja...

Excerpt: ...bitration '%ears 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 documentaty evidence, and any oral testimony the court may receive at its discretion, to reach a fi...