Excerpt: ...nform the other side of the objection within four hours of receiving the evidence or materials, and the parties are then to meet and confer to resolve the objections. Any remaining objections may be made to the Court the morning before opening statements. The motion is DENIED. Plaintiff's MIL No. 2 Plaintiff Silva Atwater seeks at least two hours of voir dire. The Court will determine the necessary voir dire at the Final Status Conference. The mo...

Excerpt: ...16 (“anti-SLAPP motion”) as to the first through fourth causes of action. Cross-Complainant appealed; the Court of Appeal reversed and awarded Cross-Complainant his costs on appeal. Remittitur issued on November 10, 2020. On December 21, 2020, Cross-Complainant filed a memorandum of costs on appeal and a motion for attorney fees and costs, and on January 8, 2021, he refiled the memorandum of costs and motion. Cross-Complainant seeks $57,300.3...

Excerpt: ...ndant's care. Plaintiffs allege three causes of action: (1) elder abuse; (2) violation of resident's rights under Health & Safety Code § 1430, subdivision (b); and (3) wrongful death. On December 1, 2020, Defendant filed a demurrer and motion to strike. 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, courts read the allegations ...

Excerpt: ...d FCA's motion to compel arbitration and stayed the action pending completion of arbitration. On February 9, 2021, Plaintiff filed this petition to appoint an arbitrator. OBJECTION TO REPLY FCA objects to and moves to strike Plaintiff's reply on the grounds that a reply to a petition is not permitted under Code of Civil Procedure sections 1290 et seq. The objection is sustained. DISCUSSION If an arbitration agreement provides a method for appoint...

Excerpt: ... the alternative, summary adjudication. EVIDENTIARY OBJECTIONS BRU's Objection Nos. 2-7, 11-13 to the Chan Declaration are granted on relevance grounds. Otherwise the objections are overruled. BRU's Objection Nos. 4-11 to the Abrolat Declaration are granted on relevance grounds. Otherwise the objections are overruled. REQUEST FOR JUDICIAL NOTICE BRU's request for judicial notice of the California Unemployment Insurance Appeals Board Decision in M...

Excerpt: ...ction against Ms. Hwang. 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, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.) Courts also consider exhibits attached to the complaint and incorporated by reference. (See Frantz v. ...

Excerpt: ...tore owned, operated, and managed by 7-Eleven and the Franchisee Defendants, physically assaulted and unlawfully shot him. (FAC ¶¶ 1, 12-13, 29-30.) Plaintiff brings causes of action for negligence – premises liability and negligent hiring, retention, and supervision against 7-Eleven and the Franchisee Defendants. On January 5, 2021, 7-Eleven and the Franchisee Defendants filed nearly identical motions to strike four portions of the FAC relat...

Excerpt: ...ing the completion of arbitration. LEGAL STANDARD When seeking to compel arbitration of a plaintiff's claims, the defendant must allege the existence of an agreement to arbitrate. (Condee v. Longwood Management Corp. (2001) 88 Cal.App.4th 215, 219 (Condee).) The burden then shifts to the plaintiff to prove the falsity of the agreement. (Ibid.) After the Court determines that an agreement to arbitrate exists, it then considers objections to its en...

Excerpt: ...ile a second amended complaint, amending claims against Defendant pursuant to their settlement in principle. Plaintiff filed its second amended complaint on January 11, 2021. On December 18, 2020, Plaintiff filed this motion to approve a consent judgment entered into with Defendant. Plaintiff asserts that the consent judgment is fair and reasonable to the parties, is in the interest of and provides a benefit to the general public, has been submit...

Excerpt: ... Pay Rest Period Compensation (Cal. Lab. Code section 226.7);  Failure to Furnish Accurate Wage and Hour Statements (Cal. Lab. Code section 226);  Failure to Pay Wages Upon Discharge (Cal. Lab. Code section 201);  Statutory Penalties (Cal. Lab. Code sections 203 and 558);  Failure to Indemnify and Illegal Deductions from Wages (Cal. Lab. Code section 2802);  Retaliation (Cal. Lab. Code sections 1102.5, 98.6);  Wrongful Terminati...

Excerpt: ...action. Plaintiff alleges that Defendant wrongfully failed to provide coverage in full for his personal property that was destroyed in the Woolsey Fire in 2018. Defendant demurs to the first amended complaint and moves to strike portions of it. _________________ ______________ Tentative Ruling Defendant's demurrer to the first amended complaint is OVERRULED. Defendant's motion to strike portions of the first amended complaint is DENIED as to the ...

Excerpt: ...ges (1) fraud and concealment; (2) breach of fiduciary duty; (3) aiding and abetting a breach of fiduciary duty; (4) conversion; (5) misappropriation of trade secret; (6) trademark infringement; (7) unfair competition – passing off; (8) constructive trust; (9) breach of the covenant of good faith and fair dealing; and (10) accounting. On September 29, 2020, Defendants filed a demurrer. When considering demurrers, courts read the allegations lib...

Excerpt: ...Transfer Agreement (“Withdrawal Agreement”). Because the complaint refers to this agreement (see, e.g., Complaint ¶¶ 10, 34), it is an appropriate matter for judicial notice. (Align Technology, Inc. v. Tran (2009) 179 Cal.App.4th 949, 956 fn. 6.) The request is therefore granted. LEGAL STANDARD 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 d...

Excerpt: ...rer to the first and second causes of action. On October 20, 2020, the Court granted the anti-SLAPP motion and awarded Strada its attorney fees and costs incurred for the motion under Code of Civil Procedure section 425.16, subdivision (c). On November 18, 2020, Strada filed this motion for attorney fees. Strada's request for judicial notice is granted. As the prevailing party on an anti-SLAPP motion, Strada is entitled to an award of reasonable ...

Excerpt: ... to quiet title and 914 Trust trustee breaches, and to add or amend causes of action for indemnity, contribution, reimbursement of legal fees, payment of unpaid compensation, other unspecified damages, and punitive damages. Plaintiff also sought to add Shereen Arazm Koules (“Defendant”) as Doe 1, and he claimed that he discovered additional information about the alter ego relationships of Defendant and other defendants. On August 13, 2020, th...

Excerpt: ...s Plaintiff loaned Defendant $1,521,446.58 under the Loan Agreement, which Defendant did not repay, thereby breaching the Loan Agreement. (FAC ¶¶ 12, 13, 15, 16.) The FAC also alleges interest accrued, Defendant did not pay the interest, and Defendant breached the Promissory Note. (FAC ¶¶ 14-16.) On May 15, 2017, Defendant filed a Case Management Statement saying that it did not dispute liability and the parties had settled and agreed to a st...

Excerpt: ...nt of $50,000.00 against Plaintiff (“Judgment”). (Defendants' RJN, Ex. 3; FAC ¶ 5.) (On October 31, 2018, Reza Pour assigned his rights in the Judgment to Schyna Pour as trustee of the Reza Jalali Pour Trust. (Defendants' RJN, Ex. 8.)) Plaintiff alleges that in 2002, he and Defendant signed a written agreement under which Plaintiff would pay Reza Pour $9,000.00 in total satisfaction of the Judgment (“Satisfaction Agreement”). (FAC ¶¶ 7...

Excerpt: ... arbitration with Petitioner and Respondent, the arbitrator issued to Respondent an award of $335,983.42. (Motooka Decl., Ex. D at p. 17.) Petitioner paid Respondent $271,335.66, reflecting the arbitration award less the $50,000.00 payment by the third party and less $14,647.76 in medical payments that Petitioner says it had previously made. (Petition at p. 3.) On June 23, 2020, Respondent's counsel contacted the arbitrator for clarification of P...

Excerpt: ...lawful retaliation under Labor Code section 1102.5; (5) wrongful discharge in violation of public policy; and (6) failure to provide employee records. On October 23, 2020, Defendants filed this motion to compel arbitration and stay the action pending the completion of arbitration. REQUEST FOR JUDICIAL NOTICE Defendants request that the Court take judicial notice of orders in Dickinson v. Burlington Coat Factory of California, LLC, Case No. BC6464...

Excerpt: ..., 2020, Meyerov filed a motion for summary judgment. Meyerov's motion argued, in part, that the tolling agreement presented by Plaintiff was invalid, and therefore the statute of limitations barred its claim. On December 22, 2020, Plaintiff filed this motion for sanctions based on Meyerov's contentions in his motion for summary judgment. The Court may impose sanctions on a party or attorney that presents a pleading, petition, motion, or other sim...

Excerpt: ...se management conference, Plaintiff indicated her intent to file a Doe amendment. On July 9, 2020, the Court ordered Plaintiff to add any additional defendants before the next hearing on August 20, 2020. On August 18, 2020, Plaintiff filed an amendment to substitute Van Dyke for Doe 1 under Code of Civil Procedure section 474. Defendants Biotics Research Corporation and Biotics Research West, LLC (collectively, “Defendants”) moved to strike t...

Excerpt: ...g to compel arbitration of a plaintiff's claims, the defendant must allege the existence of an agreement to arbitrate. (Condee v. Longwood Management Corp. (2001) 88 Cal.App.4th 215, 219 (Condee).) The burden then shifts to the plaintiff to prove the falsity of the agreement. (Ibid.) After the Court determines that an agreement to arbitrate exists, it then considers objections to its enforceability. (Ibid.) The Court must grant a petition to comp...

Excerpt: ...s will be heard on January 21, 2021. Plaintiffs did not file an opposition to the motion regarding the Raymond deposition. Instead, on January 13, 2021, the parties filed a joint report on the status of discovery stating that the Raymond deposition was going forward that day. For some reason, Defendants did not take the motion for a protective order off calendar. Therefore, the motion for a protective order re Raymond is MOOT and off calendar. De...

Excerpt: ...L NOTICE Defendants request that the Court take judicial notice of Plaintiff's complaint and notice of errata. The request is granted. LEGAL STANDARD When seeking to compel arbitration of a plaintiff's claims, the defendant must allege the existence of an agreement to arbitrate. (Condee v. Longwood Management Corp. (2001) 88 Cal.App.4th 215, 219 (Condee).) The burden then shifts to the plaintiff to prove the falsity of the agreement. (Ibid.) Afte...

Excerpt: ... LLC, and Ammec, Inc. On October 30, 2020, D&G and McGuire (collectively, “Cross-Defendants”) filed this motion for summary judgment. REQUEST FOR JUDICIAL NOTICE Cross-Defendants request that the Court take judicial notice of (1) Martin's complaint; (2) Cross-Complainant's Cross-Complaint; (3) the grant deed transferring real property commonly known as 4829 4th Avenue, Los Angeles, California 90043, recorded in the Los Angeles County Recorder...