Excerpt: ...y 17, 2019 order dismissing Plaintiff's second, third, ninth and eleventh causes of action pursuant to the oral request of Plaintiff's counsel, Azuka L. Uzoh. Plaintiff's counsel represents that there may have been a miscommunication between Plaintiff and her counsel regarding authorization to dismiss the above causes of action without prejudice. Declaration of Azuka L. Uzoh. As for mandatory relief, CCP § 473(b), provides in pertinent part: . ....

Excerpt: ...conduct) and Page 11, line 3 (treble damages under Unruh Act);  GRANT motion to strike with leave to amend as to Page 11, line 21 and Page 12, line 5 (punitive damages). ANALYSIS Demurrer 1. First Cause of Action (Negligence). Plaintiff is seeking emotional distress damages due to the alleged negligence of Defendant, based upon vicarious liability for the actions of Defendant Roger who was a security guard at Defendant's hotel. California does...

Excerpt: ... SUSTAIN demurrer without leave to amend as against Cross‐Defendant Bella as to the second cause of action;  OVERRULE demurrer as against Cross‐Defendant Bella as to the third and fourth causes of action. ANALYSIS Demurrer 1. Second Cause of Action (Breach of Covenant of Good Faith and Fair Dealing). A. Re: No Cause of Action against Cross-Defendant Daisy[1]. “The prerequisite for any action for breach of the implied covenant of good ...

Excerpt: ... settlement filed by Defendant City of Beverly Hills. ANALYSIS Motion to Contest Good Faith Determination Defendant's Evidentiary Objections Declaration of Rey S. Yang Nos. 1 – 5: OVERRULED. It appears that Defendant produced the document. No. 6, 7: SUSTAINED. Lack of foundation. Nos. 8, 9: SUSTAINED. Lack of authentication. No. 10: SUSTAINED. Lack of authentication. No. 11: SUSTAINED. Lack of foundation. No. 12: SUSTAINED. Lack of foundation. ...

Excerpt: ...thout objecting to any defect in notice, thereby waiving any such defect.  DENY motion for judgment on the pleadings as to the second, third, fourth, seventh, eighth, ninth, and tenth causes of action;  GRANT motion for judgment on the pleadings as to the fifth cause of action without leave to amend, unless Plaintiffs can demonstrate a reasonable possibility of successful amendment;  GRANT motion for judgment on the pleadings as to the s...

Excerpt: ... sixth causes of action in their entirety;  GRANT motion to strike re: Page 2, ¶ 10(c), Page 3, ¶ BC-5, Page 4, ¶ CC-3 (attorney's fees) without leave to amend;  GRANT motion to strike re: Page 3, ¶ BC-4 without leave to amend as to emotional distress damages; DENY as to as to loss due to medical leave due to injuries caused by initial accident;  GRANT motion to strike as to Page 3, BC-6 without leave to amend as to punitive damages;...

Excerpt: ...ary Objections Pursuant to CCP § 437c(q), the Court exercises its discretion to rule only upon the objections asserted against evidence which the Court deems to be material to the disposition of this motion. Declaration of Katheryne Vance ¶ 7: SUSTAINED. Contradicts admitted fact. ¶ 8: OVERRULED. Statement is consistent with deposition testimony. Motion for Summary Judgment Plaintiff's 1AC filed on December 11, 2018 asserts two causes of actio...

Excerpt: .... 1 – 5. ANALYSIS Plaintiff's Evidentiary Objections Pursuant to CCP § 437b(q), the Court in its discretion declines to rule upon Plaintiff's objections, which are directed to evidence which the Court does not deem to be material to the disposition of this motion. Defendant's Evidentiary Objections Bharadwaj Declaration Pursuant to CCP § 437b(q), the Court only rules upon the objections to evidence which it deems to be material to the disposi...

Excerpt: ...Correct Address: (1) No proof of service; (2) Yes; (3) No proof of service.  16/21 (CCP § 1005(b)): (1) No proof of service, but opposition as filed on the merits without objecting to any defect in notice; (2) Served by unspecified method on July 29, 2019; (3) No proof of service, but opposition as filed on the merits without objecting to any defect in notice.  SUSTAIN demurrer with leave to amend as to the first, second, fourth, twelfth, ...

Excerpt: ...uch defect.  DENY motion to compel arbitration;  DENY request to conduct limited discovery. ANALYSIS Defendant's Evidentiary Objections No. 1: OVERRULED. Goes to weight. No. 2: OVERRULED. Goes to weight. No. 3: OVERRULED. Goes to weight. No. 4: OVERRULED. Goes to weight. No. 5: OVERRULED. Goes to weight. No. 6: OVERRULED. Goes to weight; suggests Webber created the online profile/account with Plaintiff's knowledge. No. 7: OVERRULED. Hearsay...

Excerpt: ...through fourteenth causes of action with leave to amend;  SUSTAIN demurrer to fifteenth cause of action without leave to amend;  DENY motion to strike as to Page 2:6 – 9 (Defendant is a corporation); Prayer, Page 19:16 (costs);  GRANT motion to strike with leave to amend as to Page 7:16 – 17; Page 8:6 ‐ 7 (damages in an exact amount to be proven at trial); Page 8:8 – 9 (attorney's fees); Prayer, Page 19:11‐12 (travel expenses, ...

Excerpt: ... PART as to Nos. 22 – 24, 28 – 45;  No sanctions were requested. ANALYSIS Motion to Compel Further Responses to Requests for Production of Documents Plaintiffs' counsel engaged in sufficient meet and confer efforts. See Declaration of Otis Hayes, ¶¶ 24 – 27; Exhs. 6 – 9. The deadline to bring a motion to compel did not begin to run because verifications were never served. Hayes Decl. ¶ 20. CCP § 2031.310(c)(45-day deadline begins t...

Excerpt: ... to Compel Arbitration The 1AC alleges that Jewish Homes for the Aging of Greater LA was in the business of providing long-term custodial care as a licensed 24-hour skilled nursing facility. 1AC, ¶ 4. Defendant Grancell Village of the Los Angeles Jewish Home for the Aging dba Grancell Village is allegedly a facility owned and operated by Jewish Homes for the Aging of Greater LA. Tali Pentz, Admissions Analyst at Defendant Grancell Village of the...

Excerpt: ...ary sanctions against Defendants;  STRIKE D efendants' untimely responses to requests for admission. DISCUSSION: Motion for Terminating Sanctions Plaintiffs Jamie Torres and Aliz Cortez move for terminating sanctions. On May 24, 2019, the Court ordered Defendant Jorge Canceco to respond to form interrogatories within 20 days. On May 29, 2019, the Court ordered Defendant Carlos Canceco to respon to form interrogatories within 20 days. Neither D...

Excerpt: ...ts an Employment & Confidentiality Agreement, attached as Exh. A to the motion. The Agreement bears Plaintiff's signature, dated November 30, 2016. Plaintiff does not dispute that she signed the Agreement. The Agreement sets forth the following language: (a) Arbitration. Except as provided below, I agree that any controversy or claim arising out of or relating to my employment or this agreement must, to the fullest extent permitted by law, be set...

Excerpt: ...ed.  OVERRULE demurrer to first through fifth causes of action;  DENY motion to strike the punitive damage allegations at ¶¶ 15, 20.  Defendants to answer the Complaint. ANALYSIS Demurrer Meet and Confer The Declaration of Juan C. Acevedo reflects that the meet and confer requirement set forth in CCP § 430.41 has now been satisfied. Request for Judicial Notice Defendant's request that the Court take judicial notice of the offer and br...

Excerpt: ... motion to quash the deposition subpoena for production of business records issued to third party Nigro, Karlin, Segal, Feldstein & Bolno, LLC. (a) If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivis...

Excerpt: ...int without leave to amend. ANALYSIS Request for Judicial Notice Cross-Defendant's request for judicial notice if bills, LAMC Chapter IX and LADWP Electric Service Requirements is DENIED as unnecessary to the determination of this motion. The Court need only take judicial notice of relevant materials. Mangini v. R.J. Reynolds Tobacco Co. (1994) 7 Cal.4th 1057, 1063. The Court may deny a request for judicial notice of material unnecessary to its d...

Excerpt: ...e Court of Appeal affirms the order denying the motion to compel arbitration;  DENY both parties' request for sanctions. ANALYSIS Motion to Compel Responses to Special Interrogatories The Court incorporates by reference its more detailed discussion in its May 9, 2019 ruling re: Plaintiff's motion to compel further responses to special interrogatories from Defendant Jaman Properties 8, LLC as to the points referenced below. In that ruling, the ...

Excerpt: ...VERSITY OF WEST LOS ANGELES AND FOR PROTECTIVE ORDER; (5) MOTION TO QUASH NON‐PARTY SUBPOENA TO CITIBANK N.A. OR, ALTERNATIVELY, FOR PROTECTIVE ORDER; (6) MOTION TO QUASH NON‐PARTY SUBPOENA TO UNITED STATES FIRE INSURANCE COMPANY OR, ALTERNATIVELY, FOR PROTECTIVE ORDER; REQUEST FOR SANCTION; (7) MOTION TO QUASH NON‐PARTY SUBPOENA TO DISCOVER FINANCIAL SERVICES OR, ALTERNATIVELY, FOR PROTECTIVE ORDER; REQUEST FOR SANCTIONS; (8) MOTION TO QUA...

Excerpt: ...sen (2) Plaintiff/Cross-Defendant Steven Jensen; <000300030003000b001600 00440051005700120026[ross-Complainant Kristen Kerr PROOF OF SERVICE:  Correct Address: (1) Yes; (2) Yes; (3) Yes.  16/21 (CCP § 1005(b)): (1) OK. Served by mail on December 5, 2018; (2) OK. Served by personal delivery on November 28, 2018; (3) OK. Served by overnight delivery on December 7, 2018. Defendant Clarence Kerr's Motion to Compel Further Responses to Requests...

Excerpt: ...ings pending resolution of the related criminal action against Cobalt concerning alleged Cal-OSHA violations for the same incident. FACTORS: 1. The extent to which the party seeking the stay's Fifth Amendment rights are implicated. As a corporation, Cobalt Construction Company enjoys no Fifth Amendment privilege against self-incrimination. “[C]orporations and other organizations are not protected by the Fifth Amendment (United States v. White<0...

Excerpt: ...d Confer The Declaration of Yealee Song reflects that the meet and confer requirement set forth in CCP § 430.41 was satisfied. Request for Judicial Notice Defendant's request that the Court take judicial notice of rulings by other judges in other cases is DENIED as not relevant to this Court's determination of the demurrer and motion to strike. The Court need only take judicial notice of relevant materials. Mangini v. R.J. Reynolds Tobacco Co. (...

Excerpt: ... on November 26, 2018.  75/80 (CCP § 437c(a)): (2) OK. Served by messenger on November 13, 2018 (76 days).  CONTINUE hearing on motion to seal to February 22, 2019;  DENY motion for summary judgment;  GRANT motion for summary adjudication as to Issue No. 1 re: the first cause of action; Issue No. 3 re: the third cause of action;  DENY motion for summary adjudication as to Issue No. 2 re: the second cause of action, Issue No. 4 re:...

Excerpt: ...or summary adjudication as to Issue No. 1 re: the first cause of action; Issue No. 3 re: the fourth cause of action;  DENY motion for summary adjudication as to Issue No. 2 re: the second cause of action, Issue No. 3 re: the sixth cause of action, Issue No. 4 re: the eighth cause of action, and Issue No. 5 re: the seventh cause of action. ANALYSIS Documents Lodged Under Seal Plaintiff has reserved a February 22, 2019 hearing date on a motion t...