Excerpt: ...red 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 submitted for review to the Office of the Attorney General of California, and fully complies with the statutory and regulatory requirements of Proposition 65. LEGAL STANDARD The Safe Drinking Water and Toxic Enforcement Act of 1986, colloquially known as Propositio...

Excerpt: ... 2020. Defendants demur to the first, second, and fifth causes of action. 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 complai...

Excerpt: ...endants”). The FAC alleges 11 causes of action: (1) retaliation in violation of the Fair Employment and Housing Act (“FEHA”); (2) disability discrimination in violation of FEHA; (3) failure to reasonably accommodate in violation of FEHA; (4) failure to engage in the interactive process; (5) failure to prevent retaliation and discrimination in violation of FEHA; (6) libel per se; (7) slander per se; (8) intentional infliction of emotional di...

Excerpt: ...orney client privilege or as attorney work product. The Court's June 5, 2019 order reads in pertinent part: Defendants' motion to quash is GRANTED IN PART as to attorney-client privileged and attorney work product privileged documents only as to Requests For Production Nos. 1 – 8. Defendants' objection on the ground of attorney-client and attorney work product privilege is SUSTAINED to the extent that responsive documents come within these priv...

Excerpt: ...f alleges that Defendants committed wage and hour violations regarding Plaintiff's employment as a tour guide. Plaintiff Yuji Hasegawa moves for summary adjudication as to the seventh affirmative defense. ANALYSIS Motion For Summary Adjudication Plaintiff moves for summary adjudication as to the following issue: “The Purported Seventh Affirmative Defense of Independent Contractor Status Is Contrary To Law and Without Merit.” On January 29, 20...

Excerpt: ...se of action, Issue No. 2 re: the second cause of action, Issue No. 3 re: the fourth cause of action, Issue No. 4 re: the fifth cause of action, and Issue No. 5 re: the seventh cause of action. ANALYSIS Defendants' Evidentiary Objections Pursuant to CCP § 437c(q), the Court declines to rule upon Defendants' objections, which are asserted against evidence which the Court deems not to be material to the disposition of this motion. Motion For Summa...

Excerpt: ...service, thereby waiving any such defect; continued to this date per December 12, 2019 minute order; (2) Yes.  16/21 (CCP § 1005(b)): (1) OK. Served by email on September 10, 2019; (2) OK. Served by personal service on November 14, 2019.  GRANT notice of joinder;  GRANT motion to compel arbitration;  STAY action pending arbitration. ANALYSIS Notice of Joinder Defendant Burger King Corporation's notice of joinder is GRANTED as timely....

Excerpt: ...ction as to the 2011 Guaranty;  DENY motion for summary adjudication as to Issues Nos. 2 and 3 re: the first cause of action as to the Guaranty Provision of the 2013 Forbearance Agreement;  Issue No. 4 is MOOT as to the 2011 Guaranty;  DENY motion for summary adjudication as to Issue No. 4 re: the first cause of action as to the Guaranty Provision in 2013 Forbearance Agreement; Issue No. 5 re: the fourth cause of action; Issue No. 6 re: ...

Excerpt: ... for Relief No. 6, Page 38, line 8 for punitive damages.  Defendant to answer the Complaint. DISCUSSION: Demurrer Request for Judicial Notice Defendant requests that the Court take judicial notice of Plaintiffs' Complaint filed in this action and legislative history materials relating to the Song- Beverly Act. The requests are GRANTED. Evid Code § 452(d)(court records); the Court may take judicial notice of legislative history materials relev...

Excerpt: ...ministrative Services, Inc., d/b/a Entertainment Partners and Entertainment Partners LLC PROOF OF SERVICE:  Correct Address: (1) Yes; (2) Yes; (3) Yes.  16/21 (CCP § 1005(b): (1) OK. Served by overnight delivery on November 18, 2019; (2) Served by mail on December 13, 2019; set per December 2, 2019 minute order; (3) OK. Served by personal service on September 18, 2019; continued to this date per December 2, 2019 minute order.  DENY appl...

Excerpt: ...C and Turnstone Capital, Inc. filed a Stipulation and Proposed Order to take the Motion for Summary Judgment off calendar as to plaintiffs Alberto Solis, Alexander Gonzalez and Lesly Gonzalez. The Alonzo Defendants likewise took their motion off calendar. Accordingly the only motion to be addressed today is: Defendant TC-Chadron LLC and Turnstone Capital's Motion for Summary Judgment  GRANT MSJ as to Plaintiff Victor Reynoso;  DENY MSJ and ...

Excerpt: ...� 16/21 (CCP § 1005(b)): (1) – (6) OK. Served by email on September 18, 2019; hearings consolidated per stip. & order.  SUSTAIN Defendant Macie Wang's demurrer with leave to amend as to the 23 rd, 44 th, and 52 nd causes of action and without leave to amend as to the 24 th and 45 th causes of action;  SUSTAIN Defendant Jonathan C.M. Lau's with leave to amend as to the 2 nd, 5 th, 14 th, 17 th, 20 th, 26 th, 29 th, 32 nd, 35 th, 38 th, 41...

Excerpt: ...rrer Meet and Confer The Declaration of Daniel E. Eaton reflects that the meet and confer requirement set forth in CCP § 430.41 was satisfied. Discussion 1. First Cause of Action (Fraudulent Inducement); Fourth Cause of Action (Intentional Misrepresentation); Fifth Cause of Action (Negligent Misrepresentation). The first and fourth causes of action fail to allege who said exactly what, when and in what manner (orally or in writing), why such rep...

Excerpt: ...iff/Cross-Defendant Steven Jensen; (2) Defendant Clarence Kerr PROOF OF SERVICE:  Correct Address: (1) Yes; (2) Yes.  16/21 (CCP § 1005(b)): (1) OK. Served by personal delivery on August 27, 2019; continued to this date per September 19, 2019 minute order; (2) Served by e‐service on August 16, 2019. No objection to e‐service made in opposition.  Subject to modification after oral argument, DENY motion for terminating, issue, evident...

Excerpt: ...ba ABCO Trading Company;  <0048005600030052004900 >  DENY motion to strike in its entirety;  Defendant Fred Behfarin to answer the Complaint. ANALYSIS As an initial matter, Fred Behfarin purports to represent not only himself, but also Defendant ABCO Development Corporation dba ABCO Trading Company. <0047005200480056000300 000300440051005c0003[record of Fred Behfarin being a licensed attorney. Accordingly, he cannot represent ABCO Develo...

Excerpt: ...Mo Jacob, Danny Rittman, Mansour Khatib, Michael Murray and Darren Dunckel; (2) No opposition filed; (3) Plaintiffs/Cross-Defendants RWJ Advanced Marketing, LLC, Gregory Bauer and Robert Warren Jackson PROOF OF SERVICE:  Correct Address: (1) Yes; (2) Yes; (3) Yes.  16/21 (CCP § 1005(b)): (1) ? Served by unspecified method on June 7, 2019; continued to this date per stip. & order; (2) OK. Served by mail on August 7, 2019; (3) OK. Served by ...

Excerpt: ...tion, and Issue No. 2 re: the eleventh cause of action. ANALYSIS Request for Judicial Notice Defendant's request that the Court take judicial notice of court documents filed in this <0003005500480046005200 5500470056000c0011[ Motion for Summary Adjudication 1. Issue No. 1: “The undisputed material facts establish that there is no merit to <0047000300260044005800 0057004c005200510003>for Invasion of Privacy because Mr. Kerr's actions are protect...

Excerpt: ...s filed on the merits without objecting to service, thereby waiving any defect:  DENY motion to strike ¶¶ 9, 15, 16, 17, 35, 49, 55, 56, 57, 75, 89, 95, 96, 97, 115, 129, 142, 155 (allegations regarding allegations prior to October 5, 2017);  SUSTAIN demurrer without leave to amend as to the first, fourth, fifth and sixth causes of action;  OVERRULE demurrer as to the second, third and seventh causes of action. ANALYSIS Motion to Strik...

Excerpt: ...action without leave to amend, unless Cross‐Complainant Berendos Entities can articulate a reasonable possibility of successful amendment. ANALYSIS Demurrer Request for Judicial Notice Defendant's request that the Court take judicial notice of Interstate's 1AXC filed int his action and the December 12, 2018 jury verdict form in this action is GRANTED per Evid. Code § 452(d)(court records). Analysis 1. Fifth Cause of Action (Declaratory Relief)...

Excerpt: ...se of action is as to Defendants Bradley Conroy and Amy Conroy as Trustees for the Conroy Family Trust; SUSTAIN demurrer to the third cause of action without leave to amend as to Conroy Commercial, Inc. ANALYSIS Demurrer 1. First Cause of Action (Breach of Implied In Fact Contract). “[T]he vital elements of a cause of action based on contract are mutual assent (usually accomplished through the medium of an offer and acceptance) and consideratio...

Excerpt: ...049004400590052[r of Defendant Sanjeev K. Seth, M.D. and against Plaintiff. Motion to Tax Costs ¿ Item No. 1 (Filing and motion fees). A prevailing party is entitled to recover filing fees. CCP § 1033.5(a)(1). Costs are recoverable even thought some costs pertain to aspects as to which the party seeking costs did not prevail. Mitchell v. Olick (1996) 49 Cal.App.4th 1194, 1199-1201. Thus, filing fees for unsuccessful motions/applications will no...

Excerpt: ...er CCP § 1005(b). However, an opposition was filed on the merits, thereby waiving any defect in notice.  DENY motion to stay action. ANALYSIS Motion to Stay <0050005200590048005600 00570044005c00030052[f the proceedings until the criminal or juvenile proceedings against Defendant/Cross-Defendant Andrew Figueroa are completed and until the Court appoints a Guardian Ad Litem. As an initial matter, the Court does not view the absence of a Guardi...

Excerpt: ...pt electronic service on file, and, in particular, as to non‐party Mojave Foods. However, an opposition was filed on the merits without objecting to any defect in notice.  DENY motion to compel compliance with deposition subpoena in its entirety;  GRANT Mojave Foods' request for sanctions in the reduced amount of $3,500. ANALYSIS Motion to Compel Compliance with Deposition Subpoena Plaintiff moves to compel third party Mojave Foods to com...

Excerpt: ...As an initial matter, attorney's fees cannot be awarded against Plaintiffs Fiona Wenyi Chen and Tiffany Ying Xu, who voluntarily dismissed their Complaint on August 20, 2018, nor against Plaintiffs Kim Hui and Yiwen Yen, who voluntarily dismissed their Complaint on September 17, 2018. Civil Code § 1717(b)(2): “Where an action has been voluntarily dismissed . . . there shall be no prevailing party for purposes of this section.” As to the rema...

Excerpt: ... 4, 2019.  DENY motion to dismiss. ANALYSIS Requests for Judicial Notice Defendants' request that the Court take judicial notice of various court records is GRANTED per Evid. Code § 452(d)(court records). “Motion to Dismiss” Defendant North American Title Company's joinder in the oppositions filed by Defendants Allen, Walker and White is GRANTED as timely. Plaintiff moves pursuant to CCP § 473 to set aside the February 22, 2019 order dis...