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: ...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 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...