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: ...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: ... 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: ...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...

Excerpt: ...n (b); (3) violation of Civil Code section 1793.2, subdivision (a)(3); (4) breach of express written warranty; (5) breach of implied warranty of merchantability; (6) fraud by omission; and (7) violation of Consumer Legal Remedies Act (“CLRA”). On August 10, 2020, the Court sustained Defendant's demurrer to the third and sixth causes of action with leave to amend. On August 25, 2020, Plaintiff filed a first amended complaint (“FAC”). On Oc...

Excerpt: ...t. Cross-Complainant did not respond. Cross-Defendant filed a motion to compel responses. Cross-Complainant did not oppose the motion. At the November 12, 2020 hearing, the Court granted the motion to compel, ordered Cross-Complainant to serve verified responses without objections to the form interrogatories and special interrogatories within 15 days, ordered monetary sanctions, and stated that the order was subject to Cross-Defendant paying an a...

Excerpt: ... Tennenbaum IX-O SLP, LLC; and Tennenbaum Special Situations IX-S GP, LLC (collectively, “Respondents”) also filed a stipulation to have records produced in the arbitration be treated as produced in discovery within the meaning of California Rule of Court Rule 2.551. The stipulation extended the time for Respondents to respond to the petition until 30 days after it was filed. The Court denied the stipulation on August 3, 2020. On August 10, 2...

Excerpt: ...t awarded attorney fees to Plaintiff in the reduced amount of $21,000.00. Plaintiff is now a self-represented party. On February 24, 2020, Plaintiff filed a motion to correct the judgment and enter prejudgment costs, which included a memorandum of costs. On May 8, 2020, Plaintiff filed an amendment to the February 24, 2020 motion and memorandum of costs. The amendment stated that Plaintiff sought a total of $268,251.50 in costs plus $2,313.95 in ...

Excerpt: ...rance Company, and Axis Surplus Insurance Company. In the cross-complaint, Berendos L.P. sought a declaration that Walton had a duty to indemnify Berendos L.P. for expenses it incurred in remediation, and a declaration that the damage to each apartment building constitutes a separate occurrence. On February 8, 2017, Berendos L.P., 235 Berendo L.P., and A Community of Friends (collectively, “Berendos”) filed a first amended cross-complaint (�...

Excerpt: ...raud, (4) intentional misrepresentation, (5) negligent misrepresentation, (6) rescission and restitution, (7) unjust enrichment, (8) and conversion. On September 28, 2020, Kirkaldy filed an answer. The parties met and conferred about the answer, and Kirkaldy's counsel indicated that they would file an amended answer. (Gill Decl. ¶ 7.) Kirkaldy's counsel sent the amended answer to Cross-Complainant's counsel but did not file it. (Id. at ¶ 8.) Af...

Excerpt: ...ates 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. Blackwell (1987) 189 Cal.App.3d 91, 94 (Frantz).) A special demurrer for uncertain...

Excerpt: ... engage in the interactive process of accommodation; (4) family and medical leave discrimination and retaliation; (5) retaliation for requesting accommodations; (6) wrongful termination in violation of public policy; (7) intentional infliction of emotional distress; (8) negligence; (9) failure to provide all meal periods; (10) failure to provide all rest periods; (11) failure to pay reporting time; (12) failure to provide accurate itemized wage s...

Excerpt: ... “Entity Plaintiffs”), and Eszylfie Taylor filed this action against Defendants HRB Tax Group Inc. (“HRB”), H&R Block Tax and Business Services Inc., H&R Block Enterprises Inc., H&R Block Tax Services Inc., H&R Block Enterprises LLC, H&R Block Inc., Joslyn Harris (collectively, “Defendants”), Carrece Scott, and Diane Cooley. On May 3, 2019, Plaintiffs dismissed Defendants Carrece Scott and Diane Cooley. On June 30, 2020, Defendants fi...

Excerpt: ...leged 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 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 stipulated judgment. However, the ...

Excerpt: ...er, and Gary W. Parker (collectively, “Defendants”) regarding rent readjustment to be determined by three appraisers pursuant to the rules of the American Arbitration Association (“AAA”). The parties conducted the arbitration, and the arbitrators issued an award. Plaintiff then filed a motion to vacate the arbitration award based on alleged misconduct by one of the three arbitrators. On November 23, 2020, the Court granted the motion, vac...

Excerpt: ...LLC (“EOS”). On October 29, 2020, EOS filed a motion to add Mario Ernst (“Ernst”) as a third- party judgment debtor. On December 3, 2020, EOS filed an amended motion. No oppositions were filed. On December 21, 2020, the Court continued the hearing on this motion and set an Order to Show Cause Re: Counsel's Representation of EOS based on counsel's prior representation of TLD. On January 5, 2021, counsel for EOS substituted out and was repl...

Excerpt: ...may, in its discretion and after notice to the adverse party, allow an amendment to any pleading. (Code Civ. Proc., § 473, subd. (a)(1).) A motion to amend a pleading must include a copy of the proposed amendment or amended pleading which must be serially numbered to differentiate it from previous pleadings or amendments and must state what allegations in the previous pleading are proposed to be deleted or added, if any, and where, by page, para...

Excerpt: ...ose six subpoenas and filed this motion to quash, arguing the subpoenas seek her private employment records. Defendant argues the requested documents are relevant regarding Plaintiff's mitigation of damages and because Plaintiff is claiming emotional distress both from the allegedly wrongful termination and also resulting from her subsequent employment. In the future, the parties are to participate in an informal discovery conference before filin...

Excerpt: ...tions for Plaintiff's failure to appear and failure to file a proof of service of the summons and complaint. At the November 22, 2017 OSC, Plaintiff again failed to appear or file a proof of service. The Court therefore dismissed the action. On October 19, 2020, Plaintiff filed this motion to set aside and vacate the order of dismissal. Defendant's objections to the Declaration of Yu “Brian” Zhang are overruled. To vacate an order of dismissa...

Excerpt: ...c. (“Jayone Homeware”), and Woosung America Corporation. Plaintiffs settled their claims against Woosung America Corporation. On September 2, 2020, Jayone Homeware filed a motion for summary judgment, or in the alternative, summary adjudication. On September 14, 2020, after paying its own summary judgment filing fee, Aekyung joined the motion and filed its separate statement and evidence. Plaintiffs and Jayone Homeware later settled their cla...

Excerpt: ...ance Company, Berendos L.P. (“Berendos”), and Interstate Restoration – California LP (“Interstate”). In the cross-complaint, Walton sought a judicial determination of the rights and obligations regarding Walton's indemnity obligations and whether Berendos breached its contract obligations, including its obligation to supervise subcontractor Interstate. On January 23, 2019, Walton filed its first amended cross-complaint (“FACC”), whi...

Excerpt: ... set out in a July 17, 2019 stipulation. Chow argues Plaintiffs already obtained the subpoenaed records in response to the 2018 subpoenas, the 2020 subpoenas request private information, and the requested records are irrelevant because they seek records for Chow's other business entities. Plaintiffs argue that in January 2020 they discovered Defendants had taken out two new loans from Open Bank on behalf of Caesar Global Alliance Inc., for a tota...

Excerpt: ... and (4) negligent infliction of emotional distress. Doe was a 16-17 year old student at Downey High School. The complaint alleges that due to Defendant's negligence and failure to supervise, another student (“Student”) sexually abused Plaintiff. On November 9, 2020, Defendant filed a demurrer to the first three causes of action and a motion to strike the related prayers for relief. DEMURRER A demurrer for sufficiency tests whether the compla...

Excerpt: ... to Compel Further Form Interrogatory Responses from Duker and Sheffield On July 9, 2020, Cross-Complainant Amy Knell filed a motion to compel further form interrogatory responses from Cross-Defendants Sheffield Investments LLC and Brack Duker. The notice of motion states Knell is moving on (1) a first set of form interrogatories to Duker, (2) a first set of form interrogatories to Sheffield, and (3) a second set of form interrogatories to Duker,...

Excerpt: ...s On July 9, 2020, Cross-Complainant Amy Knell filed a motion to compel further special interrogatory responses from Cross-Defendants Sheffield Investments LLC and Brack Duker. The notice of motion states Knell is moving on (1) a first set of special interrogatories to Duker, (2) a first set of special interrogatories to Sheffield, and (3) a second set of special interrogatories to Duker, and (4) a second set of special interrogatories to Sheffie...

Excerpt: ...covery motion is heard and ideally before a discovery motion is filed, and that if the deadline for filing a motion is approaching, the moving party should ask the other side for an extension of time so that the IDC can take place before the motion is filed. On September 28, 2020, Defendant filed a motion to compel further responses to the inspection demands. Defense counsel did not state that he asked for an extension of time to file the motion ...

Excerpt: ... strike. REQUEST FOR JUDICIAL NOTICE Plaintiff requests that the Court take judicial notice of the Centers for Disease Control and Prevention's Interim Clinical Guidance for Management of Patients with Confirmed Coronavirus Disease (COVID-19) Clinical Care Guidance. The Court denies the request. Defendant fails to provide legal authority that permits the Court to take judicial notice of the interim clinical guidance under Evidence Code section 45...

Excerpt: ...ice of the complaint is granted. 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.) First, Second, and Third Causes of Action – Song-Beverly Consumer Warranty Act FCA demurs to...

Excerpt: ...ations; (5) intentional interference with prospective economic advantage; and (6) conversion. On September 30, 2020, Defendant filed this motion for summary judgment, or in the alternative, summary adjudication. EVIDENTIARY OBJECTIONS The Court did not rely on most of the evidence submitted and therefore most of the objections are irrelevant. Plaintiff's objections to the Declaration of Daniel Zohar are overruled to the extent the Court relies on...