Excerpt: ...dged Conditionally Under Seal <0052005600560010002600 00510057005600030027[euk Lee and Hite USA, Inc. filed a Notice of Lodging Documents Conditionally under Seal. Per CRC Rule 2.551(3)(A), the Notice states that the documents will be publicly filed unless a party timely files and serves a motion or application for a sealing order. As no motion to seal has been timely filed, the documents lodged conditionally under seal shall be placed in the pub...

Excerpt: ...uses of action;  SUSTAIN both Defendants' demurrers to the eleventh (“fifteenth”) cause of action with leave to amend;  DENY both Defendants' motions to strike as to Page 2, line 2 re: conspiracy: and Page 7, ¶ 28; Page 9, ¶ 36, Page 10, ¶ 41, Page 12, ¶ 53, Page 14, ¶ 64, Page 17‐18, ¶ 81, Prayer, Page 21 re: punitive damages;  GRANT motion to strike punitive damage allegations at Page 16, ¶ 74, Page 18‐19, ¶ 86, Page 21...

Excerpt: ... of action;  SUSTAIN demurrer without leave to amend as to the eighth and ninth causes of action;  Defendants to answer the 1AC. ANALYSIS Demurrer 1. Sixth Cause of Action (Libel Per Se) and Seventh Cause of Action (Slander Per Se). “To plead such a cause of action [for defamation], [plaintiff] must set forth ‘either the specific words or the substance of' the allegedly defamatory statements. (Citations omitted).” Comstock v. Aber (20...

Excerpt: ...RC Rule 2.251 (b)(1). Nonetheless, oppositions were filed on the merits without objecting to any defect in service, thereby waiving any such defect.  OVERRULE demurrer to fourth cause of action;  DENY motion to strike as to Prayer for Relief, ¶ 6, page 19 re: punitive damages.  Defendant to answer the Complaint. ANALYSIS Demurrer 1. Fourth Cause of Action (Fraudulent Inducement—Concealment). Defendant argues that there are no material...

Excerpt: ... Discrimination in Violation of the FEHA); Third Cause of Action (Gender Discrimination in Violation of the FEHA). Plaintiff alleges that she was treated less favorably than other individuals outside her protected class (an African-American woman). Plaintiff alleges that Defendant Hernandez: ordered Plaintiff that she was to ignore BVBES Principal Madeline Gygli, and not work cooperatively with other afterschool programs such as LA's Best. Compla...

Excerpt: ...003005200 00560003005800530052[n objections directed to evidence which the Court deems to be material to the disposition of this motion. Objection to Excess Pages in Brief OVERRULED. The Court will exercise its discretion to consider the entirety of Defendant's points and authorities. Declaration of Jose Low Nos. 1, 2: SUSTAINED. As discussed below, Low testified at his deposition that he worked for Zerep Management. Where a party's self-serv...

Excerpt: ...punitive damages.  Defendant to answer the Complaint. ANALYSIS Demurrer 1. Fourth Cause of Action (Fraudulent Inducement—Concealment). Defendant argues that there are no material facts to support the element of concealment nor a duty to disclose. Here, the Complaint alleges at ¶¶ 17 -55, 146 - 150 that, as of the time of the sale of the vehicle to Plaintiffs in March 2016, Defendant knew of CVT defect and its safety risks, but failed to di...

Excerpt: ...leader on November 4, 2016. The Complaint alleges that on July 29, 2014, Debtor Banning at 8 th Street, LLC (“Debtor” or “Banning LLC”) commenced a voluntary Chapter 7 petition in the U.S. Bankruptcy Court. Todd Frealy was appointed the Chapter 7 Bankruptcy Trustee. At the time of the bankruptcy filing, Debtor owned real property located at 806 and 860 Ramsey Street in Banning, California (the “Banning Property”). Pursuant to the orde...

Excerpt: ...00 00560003005800530052[n objections directed to evidence which the Court deems to be material to the disposition of this motion. Plaintiff's Objections to new evidence submitted for the first time in support of the reply are SUSTAINED. The Court exercises its discretion not consider such new evidence. Alliant <0053005300110017005700 001400160013001b0011[ Declaration of Jose Low No. 3: OVERRULED. Sufficient foundation; permissible opinion; goes t...

Excerpt: ...0049004400590052[r of Defendant Sanjeev K. Seth, M.D. and against Plaintiff. Plaintiff Fabian Ronisky moves for a new trial and for judgment notwithstanding the verdict. Motion for New Trial " '[T]he trial court is bound by the rule of California Constitution, article VI, section 13, that prejudicial error is the basis for a new trial, and there is no discretion to grant a new trial for harmless error. [Citation.] . . . The grant of a new...

Excerpt: ...ack of foundation. No. 2: SUSTAINED. Lack of foundation. No. 3: SUSTAINED. Lack of foundation. No. 4: OVERRULED. Best evidence rule was repealed in 1998. Proper lay witness opinion. No. 5: OVERRULED as to Defendant offering Plaintiff only a list of closed positions or medically inappropriate positions, other than Graffiti Removal; otherwise, SUSTAINED—lack of foundation. No. 6: OVERRULED. Sufficient foundation and personal knowledge; best evide...

Excerpt: ...iled on the merits, thereby waiving any defect in notice for purposes of this motion only.  16/21 (CCP § 1005(b)): OK. Served by electronic service on May 6, 2019.  OVERRULE demurrer to fourth through seventh causes of action;  DENY motion to strike as to ¶¶ 154, page 21; Prayer for Relief, ¶ 6, page 26; ¶ 157, page 22; ¶ 158, page 22; ¶ 159, page 22, ¶ 166, page 24, ¶ 167, page 24; ¶ 168, page 24; ¶ 176, page 25; and Prayer f...

Excerpt: ...e: the fifth cause of action only; DENY the remainder of the motion for summary adjudication as to Issues Nos. 1, 2, 3 and 7 [Issues Nos. 5 and 6 were not presented in the separate statement and will not be ruled upon.] ANALYSIS Request for Judicial Notice <0047000300440003004700 005a004b004c0046004b[ includes a “Request for Judicial Notice,” she does not specify the documents as to which she seeks judicial notice. Accordingly, the request fo...

Excerpt: ...19 minute order.  DENY motion for protective order in part and GRANT motion for protective order in part as set forth below;  DENY Plaintiffs' request for sanctions. ANALYSIS Motion for Protective Order Defendants move for a protective order regarding the deposition of Rockport Administrative Services' former Quality Assurance Nurse, Cyril Tena, to preclude Quality Assurance matters from being inquired into, and any review completed by Tena...

Excerpt: ... HISTORY:  07/25/18: Complaint filed.  11/06/18: First Amended Complaint filed. STATEMENT OF FACTS This is an action to enforce guarantees of commercial loans. Defendant Richard Houng moves to compel the deposition of the custodian of records and person(s) most knowledgeable for Plaintiff Tongfang Global Inc. and requests sanctions. Plaintiff Tongfang Global Inc. moves for a protective order on depositions and requests sanctions.  GRANT ...

Excerpt: ..., 2019; (3) OK. Served by mail on April 19, 2019.  GRANT notice of joinder;  GRANT both motions to compel arbitration and stay proceedings. ANALYSIS Notice of Joinder Defendant Gordon Laboratories, Inc.'s notice of joinder in the motion to compel arbitration filed by Defendant Staffmark Investment, LLC is GRANTED as timely. Defendant Staffmark Investment, Inc.'s Motion to Compel Arbitration Request for Judicial Notice Defendant's request th...

Excerpt: ... Plaintiff's request that the Court take judicial notice of various judicial records filed in this action and in BC723296 is GRANTED per Evid. Code § 452(d)(court records). Discussion Defendant Statewide Beverage Company, Inc. moves to set aside default entered against it. As an initial matter, although Plaintiff filed a 1AC on June 5, 2019 after Defendant's default had been entered on February 8, 2019. Defendant's default was not reopened, beca...

Excerpt: ... Homayun Popal, and Masih Rassoli PROOF OF SERVICE:  Correct Address: (1) Yes; (2) ?; Served by email, but email address was not listed on POS; however, an opposition was filed on the merits without objecting to any defect in notice, thereby waived any such defect; (3) ?; Served by email, but email address was not listed on POS; however, an opposition was filed on the merits without objecting to any defect in notice, thereby waived any such de...

Excerpt: ...Y motion to strike the prayer for punitive damages at Page 21:21, ¶ f;  Defendant is ordered to answer the 1AC within 20 days. ANALYSIS Pursuant to the July 18, 2019 minute order, the Court determined that no further meet and confer declaration is required and continued the hearing to this date. Demurrer Discussion: 1. Seventh Cause of Action (Fraud by Omission). A. Re: Statute of Limitations. A cause of action for relief on the ground of fra...

Excerpt: ...§ 1005(b)): (1) – (6) OK. Served by mail on March 28, 2019  SUSTAIN Defendant Marcie Wang's demurrer to the 23 rd, 24 th, 44 th, 45 th, and 52 nd causes of action with leave to amend;  SUSTAIN Defendant Jonathan C.M. Lau's demurrer to the 2 nd, 3 rd, 5 th, 6 th, 14 th, 15 th, 17 th, 18 th, 20 th, 21 st, 24 th, 26 th, 27 th, 29 th, 30 th, 32 nd, 33 rd, 35 th, 36 th, 38 th, 41 st, 42 nd, 47 th, 48 th, 51 st and 52 nd causes of action with ...

Excerpt: ...empt proceeding against Romana Cias, this motion for protective order does not seek a protective order against a contempt proceeding. Accordingly, no such protective order re the contempt proceedings will be considered, nor issued. To the extent Cias requests that the Court discharge the OSC against her (Cias Decl., ¶ 9), this request is DENIED. <0057004c00590048000300 004600580056004c0051[g her from sitting for her deposition on the ground that...

Excerpt: ...nstruction Services; (2) Defendant/Cross-Complainant/Cross-Defendant LTD Construction Services, GP d/b/a Walton Construction Services; (3) Plaintiff Liberty Surplus Insurance Corporation PROOF OF SERVICE:  Correct Address: (1) Email; (2) Email; (3) Yes.  16/21 (CCP § 1005(b): (1) OK. Served by email on May 14, 2019; (2) OK. Served by email on May 15, 2019; (3) OK. Served by Federal Express delivery on May 30, 2019; continued to this date p...

Excerpt: ...inst Defendant Kamran Staffing, Inc. and attorney Jason E. Guerra. ANALYSIS Motion for Terminating, Evidence, Issue and/or Monetary Sanctions Request for Judicial Notice Plaintiff's request that the Court take judicial notice of documents filed in this action is GRANTED per Evid. Code § 452(d)(court records). Analysis Plaintiff moves for terminating, evidence, issue and/or monetary sanctions against Defendants Kamran Staffing, Inc. and Versa Log...

Excerpt: ...Anti-SLAPP Special Motion to Strike Plaintiff/Cross-Defendant Steve Griggs brings an anti-SLAPP special motion to strike as to the first cause of action asserted in the Cross-Complaint. Discussion 1. Re: Whether the Causes of Action Are Subject To Being Stricken Pursuant to CCP § 425.16. <0025005500480044004600 00580046004c00440055[y Duty—29 U.S.C. § 501(a)). Close scrutiny of the first cause of action reveals that it is not subject to being ...

Excerpt: ...ova Energy Corporation and Sunnova Asset Portfolio 5, LLC move to file under seal information and documents in connection with Sunnova's motion for good faith settlement determination. The CRC Rules pertaining to motions to seal apply to settlement agreements. See, e.g., Universal City Studios, Inc. v. Superior Court(2003) 110 Cal.App.4th 1273, 1283-84. A motion seeking an order sealing the record must be accompanied by “a declaration containin...