Excerpt: ...ns of Allen L. Thomas, Esq. and Sivi G. Pederson, Esq. attached to the Reply are SUSTAINED. The Court declines to consider the new evidence submitted for the first time with the reply. Alliant Ins. Services, Inc. v. Gaddy (2008) 159 Cal.App.4th 1292, 1308; Plenger v. Alza Corp. (1992) 11 Cal.App.4th 349, 362, fn. 8. Discussion Defendant Los Angeles County Metropolitan Transportation Authority moves for a continuance of the trial date to December ...

Excerpt: ...to Issues Nos. 2 and 3 re: the fifth and sixth causes of action;  GRANT motion for summary adjudication as to Issue No. 4 re: the second cause of action and Issue No. 5 re: the fourth cause of action;  Issue No. 6 is MOOT;  The third, fifth and sixth causes of action remain viable. ANALYSIS Request for Judicial Notice Defendant requests that the Court take judicial notice of the following: (1) Charter of the <0013000f00030014001300 00130...

Excerpt: ...nd Gaby Clement; (2) Plaintiffs Corrine Kin and Aaron Kin PROOF OF SERVICE:  Correct Address: (1) Yes; (2) Yes.  16/21 (CCP § 1005(b)): (1) OK. Served by overnight delivery on April 8, 2019; (2) OK. Served by mail on April 3, 2019.  GRANT petition to vacate arbitration award;  DENY petition to confirm arbitration award.  SET matter for arbitration status conference. Petition to Vacate Arbitration Award Request for Judicial Notice ...

Excerpt: ...lude Plaintiff Peter Avetisyan or Plaintiff Avpet Corp. as parties to the agreement. Exh. 1 to the Adler Agreement is a Client Engagement Agreement, containing an arbitration agreement, between Defendants and PRN Ambulance only. Exhibit 2 is a letter dated November 13, 2014 seeking a conflict of interest waiver, and is signed by Plaintiff Avetis Avetisyan and PRN Ambulance, Inc. by Peter Avetisyan (although not in his individual capacity)—indee...

Excerpt: ... of the Los Angeles County Civil Service Commission Rules is GRANTED. The Court may take judicial notice of the records of a civil service commission. Social Services <001b000f00030049005100 110003001600110003[ Defendant's Evidentiary Objections <0058005500570003005200 00560003005800530052[n objections to evidence which the Court deems to be material to the disposition of this matter. Declaration of Marvin McWhorter Nos. 1, 2: SUSTAINED. Legal co...

Excerpt: ... Reply Declaration of Alex Rodriquez No. 1: SUSTAINED. Lack of foundation. No. 2: SUSTAINED. Lack of foundation. No. 3: SUSTAINED. Lack of foundation. No. 4: OVERRULED. Goes to weight. No. 5: OVERRULED. Goes to weight. No. 6: OVERRULED. Goes to weight. No. 7: OVERRULED. Goes to weight. No. 8: OVERRULED. Goes to weight. Motion for a Protective Order to Limit the Scope and Seal Discovery Plaintiff seeks a protective order to limit the scope of disc...

Excerpt: ...n The Pleadings 1. First Cause of Action (Violation of FEHA). The first cause of action improperly combines multiple theories of FEHA into one which includes harassment on the basis of religion and sex. Although the Legislature enacted the important new section Gov. Code § 12923, which provides guidance as to FEHA harassment claims, that section did not become effective until January 1, 2019, with no indication that it is to be applied retroacti...

Excerpt: ...to any defect in notice, thereby waiving any such defect.  SUSTAIN demurrer to second and third cause of action with leave to amend;  GRANT motion to strike the punitive damage allegations at Page 5:17-18 and Page 6:19-22 is without leave to amend unless Plaintiff first complies with CCP § 425.13. ANALYSIS Request for Judicial Notice Defendant's request that the Court take judicial notice of the 1AC and April 10, 2019 order in this case is...

Excerpt: ...300360052005100 4a00030044005100470003> Defendant Mi R. Song PROOF OF SERVICE:  Correct Address: (1) & (2) Yes; (3) & (4) Yes.  16/21 (CCP § 1005(b)): (1) & (2) OK Served by mail on April 29, 2019; set per May 1, 2019 minute order; (3) & (4) Served by email on April 10, 2019—no agreement to accept service by email as required by CCP § 1010(a)(2)(A)(ii)(Note: The act of electronic filing shall not be construed as express consent.); howev...

Excerpt: ... of $60.00;  GRANT motion to tax Item No. 4 in the total amount of $5,000.00;  GRANT motion to tax Item No. 5 in the total amount of $238.00.  DENY motion to tax Item No. 12;  GRANT motion to tax Item No. 13 in the total amount of $23,939.40;  GRANT motion to tax Item No. 16 in the total amount of $76,424.13. ANALYSIS Motion to Tax Costs As the prevailing party in this litigation [CCP § 1032(a)(4)—defendant as against whom plain...

Excerpt: ... accept electronic service on file, but an opposition was filed on the merits without objecting to method of service.  DENY motion to quash in its entirety. ANALYSIS Motion to Quash Business Records Subpoena Discussion Defendants Thomas E. Morgan, III, Covina Hills MHC, LLC, Covina Hills GP, LLC, Juanita Springs Associates, LP and Covina Hills MHC, LLC move to quash the deposition subpoena for production of business records served on PNC Bank ...

Excerpt: ...seventh causes of action;  DENY motion to strike as to ¶ 141, Page 47; ¶ 174, Page 54 (Defendant's pattern and practice re: unlawful employment practices) and Prayer for Relief, Item 6, page 62 and Prayer for Relief, Item 7, Page 62 (injunctive relief);  Motion to strike is MOOT as to ¶ 151, 156, 160, 204. ANALYSIS Demurrer Request for Judicial Notice Defendants request that the Court take judicial notice of the following: (1) Small Clai...

Excerpt: ...an opposition was filed on the merits without objecting to any defect in service, thereby waiving any such defect.  GRANT motion to quash IN PART as to attorney‐client privileged and attorney work product privileged documents only; otherwise DENY. ANALYSIS Motion to Quash Business Records Subpoena Defendants Thomas E. Morgan, III, Covina Hills MHC, LLC, Covina Hills GP, LLC, Juanita Springs Associates, LP and Covina Hills MHC, LLC move to qu...

Excerpt: ...st evidence which the Court deems to be material to the disposition of this matter, as follows: Declaration of Maxine Bahns No. 1: OVERRULED. Best Evidence Rule was repealed in 1998. Objection goes to weight. No. 2: OVERRULED. Sufficient foundation as to the emails forwarded to Bahns. No. 3: OVERRULED. The lack of authentication may be remedied before trial. Sweetwater Union High School Dist. v. Gilbane Building Co. (2019) 6 Cal.5th 931, 947-49. ...

Excerpt: ...mander Kevin McCarthy and Captain Charles Hearn. Plaintiff seeks discovery of the following records: 1. Any and all writings relating to any and all Los Angeles Police Department ("LAPD") investigation(s) into any and/or all of the allegations of the instant lawsuit. Such writings may include, but are not limited to: any and all materials used and/or considered during the investigation, including but not limited to, addenda items, recorde...

Excerpt: ...ng; and Donald Stratton, Individually and as Trustee for the Stratton Family Revocable Trust. PROOF OF SERVICE:  Correct Address: Yes.  16/21 (CCP § 1005(b)): OK. Served by mail and email on May 9, 2019; advanced to this date per May 14, 2019 ex parte order.  GRANT motion to compel arbitration and to stay litigation. ANALYSIS Motion to Compel Arbitration and Stay Litigation Pursuant to agreement of the parties, the pending arbitration i...

Excerpt: ...): (1) OK. Served by email on March 7, 2019; (2) OK. Served by mail on January 28, 2019; (3) OK. Served by mail on January 28, 2019.  GRANT motion to quash IN PART as to attorney‐client privileged and attorney work product privileged documents only as to Requests For Production Nos. 1 – 8;  OVERRULE demurrer to the second, fifth, eighth and eleventh causes of action;  SUSTAIN demurrer with 20 days leave to amend as to the third and s...

Excerpt: ...otion to quash IN PART as to attorney‐client privileged and attorney work product privileged documents only; otherwise DENY;  DENY request for sanctions. ANALYSIS Motion to Quash Business Records Subpoena and Deposition for Personal Appearance Discussion Defendants Thomas E. Morgan, III, Covina Hills MHC, LLC, Covina Hills GP, LLC, Juanita Springs Associates, LP and Covina Hills MHC, LLC move to quash the deposition subpoena for production o...

Excerpt: ...ICE:  Correct Address: (1) Yes; (2) – (8) Yes.  16/21 (CCP § 1005(b)): (1) OK. Served by mail on December 12, 2018; continued to this date per March 28, 2019 stip. & order; (2) – (8) OK. Served by mail on February 4, 2019; continued to this date per March 28, 2019 stip. & order.  DENY motion to set aside default.  CONTINUE hearing on motions for protective order/motions to quash for meet and confer efforts. ANALYSIS Motion to Set...

Excerpt: ...Y motion to strike the punitive damage at ¶¶ 4, page 2:25‐28, ¶ 29(d), Page 6:26; ¶ 34, Page 7:16‐18; ¶ 35, Page 7:19, ¶ 40, Page 8:13‐17; ¶ 45, Page 9:4‐5 (and civil penalties); ¶ 47, Page 9:10‐13; ¶ 42, Page 10:5‐8; ¶ 57, Page 4:11 (and request for injunctive relief); and Prayer for Relief, ¶ 1, Page 12:5. ANALYSIS Demurrer 1. First Cause of Action (Violation of Civil Code § 1950.5—Bad Faith Retention of Security Depos...

Excerpt: ...both parties' request for sanctions. ANALYSIS Motion to Quash Business Records Subpoena Request for Judicial Notice Plaintiff's request that the Court take judicial notice of the 2AC filed in this action is GRANTED per Evid. Code § 452(d)(court records). Discussion Defendants/Cross-Complainants Ownzones Media Network, Inc. and Dan Goman move to quash Plaintiff's deposition subpoena for production of business records directed to JP Morgan Chase B...

Excerpt: ... fourth cause of action;  DENY motion to strike in its entirety;  Defendant to answer 2AC. 1. Third Cause of Action (Violation of Civil Code § 1793.2(a)(3). Civil Code § 1793.2(a)(3) provides: (a) Every manufacturer of consumer goods sold in this state and for which the manufacturer has made an express warranty shall: . . . (3) Make available to authorized service and repair facilities sufficient service literature and replacement parts t...

Excerpt: ...he merits without objecting to any defect in service, thereby waiving any such defect; (2) Yes.  16/21 (CCP § 1005(b)): (1) No proof of service; however, an opposition was filed on the merits without objecting to any defect in service, thereby waiving any such defect; advanced to this date per April 17, 2019 minute order; (2) OK. Served by mail on March 17, 2019; continued to this date per April 10, 2019 minute order. Moda's Motion to Compel ...

Excerpt: ... 1005(b): (1) – (3) OK. Served by mail on March 4, 2019.  DENY motion to dismiss;  OVERRULE demurrer to third through seventh causes of action as to Defendant David Carry D.C. and SUSTAIN with leave to amend as to Defendants Dave Carry Chiropractic Inc., and Goodlife Management Services LLC.  SUSTAIN demurrer to tenth cause of action with leave to amend;  SUSTAIN demurrer to twenty‐first cause of action with leave to amend;  DE...

Excerpt: ... and Monetary Sanctions Plaintiff moves for terminating, issue, evidentiary and monetary sanctions or, in the alternative, an order compelling compliance with the Court's discovery order, continuing trial and ordering prospective sanctions of $500 per day for each day following 5 calendar days that Defendant does not fully comply with the order. The motion is DENIED as MOOT. In the opposition, Defendant's counsel indicates that supplemental respo...