Excerpt: ...compel the custodian of records of 1211 E. Washington Owner LLC (“1211”) to produce documents requested in the deposition subpoena issued on December 7, 2021. (Echegaray Decl. ¶ 2 & Ex. A.) Pursuant to CCP § 2025.480(b), a motion seeking to compel a deponent to produce documents specified in a deposition subpoena must be accompanied by a meet and confer declaration. (CCP § 2025.480(b).) The declaration in support of the moving papers does ...

Excerpt: ...e Demurrer and Motion to Strike, i.e., less than one day before the scheduled hearing in this matter. (See CCP 1005(b) [reply papers shall be filed with the court at least five court days before the hearing.) Accordingly, the Court in its discretion does not consider these late-filed reply briefs. (See Cal. Rule of Ct., rules 3.1300(d).) I. DEMURRER TO COMPLAINT With respect to defendant Gateways Hospital and Mental Health Center demurrer to the ...

Excerpt: ...urt from addressing the demurrer on the merits. (Johnson v. Sun Realty Co. (1934) 138 Cal.App. 296, 299 [noncompliance with court rules “to which no penalty was attached, did not prevent the court from hearing and disposing of the demurrer”].) Further, a determination that the meet and confer was insufficient is not a basis t overrule or sustain a demurer. (CCP § 430.41(a)(4).) A. First Cause of Action: Breach of Contract – Lease Agreement...

Excerpt: ....App.4th 27, 42-43.) As a self-represented litigant, plaintiff is held to the same standards as an attorney before this Court. (Kobayashi v. Superior Court (2009) 175 Cal.App.4th 536, 543.) Nevertheless, the Court evaluates the demurrer on its merits. I. FIRST CAUSE OF ACTION: FRAUD “The well-known elements of a cause of action for fraud are: (1) a misrepresentation, which includes a concealment or nondisclosure; (2) knowledge of the falsity of...

Excerpt: ... Motor Cars, LLC's Motion to Compel Further Responses to Special Interrogatories, Set Two is DENIED. I. DEFENDANT HOLLYWOOD MOTOR CARS, LLC'S MOTION TO COMPEL FURTHER RESPONSE TO SPECIAL INTERROGATORIES, SET TWO Defendant Hollywood Motor Cars, LLC moves to compel a further response from plaintiff Universal Underwriters Insurance Company to Special Interrogatories, Set Two, No. 28. The Court finds that this motion (as well as plaintiff's motion di...

Excerpt: ...s set forth in Health and Safety Code § 25249.7(b)(2). In a supplemental declaration, counsel for plaintiff indicates that 2,700 units of the offending product were sold during the statutory period. (Supp. Dubey Decl. ¶ 6.) Based on the sales of the product, combined with counsel for plaintiff's averment that a single use of the cosmetic bags violates the same harbor levels for DEHP (Dubey Decl. ¶ 4), the Court finds that a $8,000 penalty appe...

Excerpt: ...es of The Hughes Shulman Family Trust are GRANTED as to Exhibits 1 through 3. Plaintiff Living the Dream does not dispute that the unredacted documents attached to defendants' request for judicial notice are the subject of the first and second causes of action. A “pleader should not be allowed to bypass a demurrer by suppressing facts which the court will judicially notice.” (Legg v. Mutual Ben. Health and Acc. Ass'n (1960) 184 Cal.App.2d 482...

Excerpt: ...; Special Interrogatories, Set One; and Requests for Production of Documents, Set One is GRANTED IN PART. As a preliminary matter, plaintiff did not file a separate motion and pay a separate filing fee for each of the three discovery sets. The filing fee required by Government Code § 70617(a)(4) concerning discovery motions applies “separately to each motion or other paper filed,” “[r]egardless of whether each motion or matter is heard at ...

Excerpt: ...order compelling responses to discovery. On February 8, 2022, the Court granted defendants' motion to compel responses to interrogatories and motion to compel responses to requests for production. (Diamond Decl. ¶ 11.) Plaintiff did not file any opposition to the motions or even appear at the hearing. (Diamond Decl. ¶ 10.) The Court ordered plaintiff to serve written verified responses, without objection, to Form Interrogatories-General, Set On...

Excerpt: .... and American Medical Response of Southern California's Consolidated Motion to Deem Requests for Admission as Admitted is DENIED. I. PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES Plaintiff moves to compel further responses from defendant American Medical Response Ambulance Service, Inc. (“AMRAS”) to Special Interrogatories, Set One, Nos. 2, 3, 8, 15, and 16. As background, on April 19, 2022, the Court granted plai...

Excerpt: ...is GRANTED. Plaintiff Rosemary Ramos' UNOPPOSED Motion to Compel Defendant Josie Williams to Provide Further Responses to Form Interrogatories-General, Set One is GRANTED. Plaintiff Rosemary Ramos' UNOPPOSED Motion to Compel Defendant Josie Williams to Provide Further Responses to Form Interrogatories-Employment, Set One is GRANTED. I. MOTION TO COMPEL FURTHER RESPONSES FROM DEFENDANT HUMAN SERVICES ASSOCIATION TO REQUEST FOR PRODUCTION OF DOCUME...

Excerpt: ...rties agree that plaintiff Jonathan Roger Ma was a prevailing party in the action and is allowed under Civil Code § 1794 (d) to recover as part of the judgment a sum to cover attorney fees based on actual time expended and costs, and determined by the Court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of this action. The Court finds that the hourly rates of charged by counsel for plaintiff in ...

Excerpt: ...sion N95 Holdings, LLC's Motion to Compel Further Responses to Form Interrogatories-General, Set One is DENIED. Defendants John Rigas and Mission N95 Holdings, LLC's Motion to Compel Further Responses to Requests for Admission, Set One is DENIED. I. PLAINTIFFS UW INTERNATIONAL CORP., CROWN ESTATE HOLDING, LLC, AND JAY HOOPER'S MOTION FOR RELIEF FROM WAIVER OF OBJECTIONS Plaintiffs UW International Corp., Crown Estate Holding, LLC, and Jay Hooper ...

Excerpt: ... Group, LLC (“MAPG”) moves to compel the attendance and testimony of defendants Terrance Howard, Mira Howard, and Universal Bridges, Inc. (“UBI”) at deposition. CCP §§ 2019.010(a) and 2019.030(a) requires the Court to restrict the frequency or extent of oral depositions if it determines that the oral depositions sought are “unreasonably cumulative or duplicative.” The Court finds that the requested oral depositions are unreasonably ...

Excerpt: ...arty or its own motion finds that in the interest of substantial justice an action should be heard in a forum outside this state, the court shall stay or dismiss the action in whole or in part on any conditions that may be just.”]; CCP § 418.10(a)(2) [“A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion for one or more of ...

Excerpt: ...Requests for Production, Set One. Plaintiff asserted the attorney-client privilege and attorney work product doctrine for each of defendant's 121 requests for production. (Walker Motion Decl. ¶¶ 2, 3 & Ex. A.) For certain requests, plaintiff also stated that he would produce “non-privileged responsive documents.” Plaintiff argues that defendant was repeatedly informed that no documents were withheld based on privilege. (Mtn. at 2:25-26.) Ev...

Excerpt: ...Sharon Mersiovsky, and for Responses and Documents for Request for Production, Set Two is GRANTED IN PART, but subject to payment of additional filing fees, as set forth below. Defendants The Brink's Company; Brink's, Incorporated; and Julian Moreira's request to take judicial notice of the declaration of Sharon Mersiovsky in support of the Motion to Compel Arbitration is GRANTED, but only for the existence of the document, not the truth of the m...

Excerpt: ...entered against them. Defaults were entered against both cross-defendants on December 10, 2021. With respect to cross-defendant Pugh, the proof of service of summons filed on October 25, 2021 indicates that on October 17, 2021 at 2422 West 78 th Street in Inglewood, Pugh was served the summons and Cross-Complaint by substitute service on Everlyn Pugh, cross-defendant Pugh's mother. Pugh maintains that he does not live with his mother. (Pugh Decl....

Excerpt: ...02 Update of the California Division of Labor Standards Enforcement is GRANTED. (Church v. Jamison (2006) 143 Cal.App.4th 1568, 1579, fn. 19.) As a preliminary manner, defendant contends that this Court conducts informal discovery conferences (“IDCs”). (Opp. at 7:26-28 [“Plaintiff's counsel agreed to an informal discovery conference . . . to discuss these requests with the Court. Plaintiff's counsel reneged on that agreement, contending tha...

Excerpt: .... RG19001677 is DENIED as irrelevant. (Mangini v. R.J. Reynolds Tobacco Co. (1994) 7 Cal.4th 1057, 1063 [“Although a court may judicially notice a variety of matters (Evid. Code, § 450 et seq.), only relevant material may be noticed”].) Plaintiff Solomon Aflalo seeks further responses to Special Interrogatories, Set One, Nos. 69-74. After the motion was filed, the parties continued to meet and confer. (Ferguson Decl. ¶ 2 & Ex. A.) In the re...

Excerpt: ...¶ 2, 5 & Ex. 1.) Plaintiff moves to compel BNSK's compliance with the subpoena, which directed BNSK to produce or do the following: All drafts of settlement agreement with Ascot, and the final signed copy of the settlement agreement with Ascot. All e-mails, letters, notices, or any other communication between Ethan Brown and any representative or lawyer for Ascot. Produce all communications (including e-mails, text messages, or messages from any...

Excerpt: ...ry matter, a motion to compel answers at deposition requires a separate statement. (Rule of Court 3.1345(a)(4).) Although CHP did not set forth the factual and legal reason for compelling further answers in the separate statement, as required by Rule of Court 3.1345(c)(4), the Court has the discretion to deny a discovery motion based on violations of Rules of Court. (Mills v. U.S. Bank (2008) 166 Cal.App.4th 871, 892.) The Court declines to exerc...

Excerpt: ...for judicial notice are DENIED because defendants did not include a copy of the documents to be judicially noticed, as required by Cal. Rule of Court 3.1306(c)(1). Plaintiff Michele Viault's request for judicial notice is DENIED as irrelevant. (Mangini v. R.J. Reynolds Tobacco Co. (1994) 7 Cal.4th 1057, 1063.) II. DEMURRER TO FIRST AMENDED COMPLAINT A. First Cause of Action: Professional Negligence Defendants contend that the first cause of actio...

Excerpt: ...ynn, and Paul Wallin's requests to take judicial notice of the December 4, 2020 minute order in Jacquelynn L. Hansen v. Oleg Aleksandrovich Volkov, LSAC Case No. 20STRO05408 (Exhibit A) and December 4, 2020 civil harassment restraining order (Exhibit B) are GRANTED pursuant to Evidence Code § 452(d). Defendants' request to take judicial notice of the court docket in Hansen v. Volkov Second District Court of Appeal, Case No. 311524 is DENIED beca...

Excerpt: ...e Angeles Cal. Corp. (collectively, “Healthy Start Defendants”) move for a determination that the settlement they reached with plaintiffs Salvador Barrios and Elena Barrios, as well as third-party Oscar Aldrete, who was also involved in the subject accident, was reached in good faith. Under the proposed settlement, the Healthy Start Defendants are to pay $1,000,000.00 total, $940,000.00 to plaintiffs and $60,000.00 to Aldrete. (Attia Decl. ¶...

Excerpt: ...ail and email on April 15, 2022, nine court days before the hearing. Pursuant to CCP § 1005(c), oppositions are to be served in a manner “reasonably calculated to ensure delivery to the other party or parties not later than the close of the next business day” after the opposition was filed, including by personal delivery, facsimile transmission, express mail, or electronic service. (CCP § 1005(c); Rule of Court 2.251(a).) Regular mail, as o...

Excerpt: ...nd Shellydale Princess Gray did not state sufficient facts to constitute any defense and that cross-defendants did not specify as to which causes of action the affirmative defenses were intended to apply. A distinction must be made between affirmative defenses and denials, because a different pleading standard applies to each. CCP §431.30(b) states: “(b) The answer to a complaint shall contain: [¶] (1) The general or specific denial of the ma...

Excerpt: ...ria persona and does not appear to be a licensed attorney. “No person shall practice law in California unless the person is an active licensee of the State Bar.” (Bus. & Prof. Code § 6125.) “Practice law” means “the doing and performing services in a court of justice in any matter depending therein . . . .” (Birbrower, Montalbano, Condon & Frank v. Superior Court (1998) 17 Cal.4th 119, 128, quoting People ex rel. Lawyers' Institute o...

Excerpt: ...at the application complies with all requirements of Cal. Rule of Court 9.40 and that the applicant provided sufficient proof of service on the State Bar and payment of the requisite fee. The UNOPPOSED application of Sonni Nolan, Esq. of Husch Blackwell LLP to appear as counsel pro hac vice in this action on behalf of defendants DXC Technology, Inc. and Mary Finch is GRANTED. The Court finds that the application complies with all requirements of ...

Excerpt: ... the 2002 Update of the California Division of Labor Standards Enforcement is GRANTED. (Church v. Jamison (2006) 143 Cal.App.4th 1568, 1579, fn. 19.) As a preliminary matter, defendant argues that the motion was untimely served by email. Based on the hearing date of April 19, 2022, plaintiff was required to serve this motion by email on March 23, 2022. (CCP § 1005(b) [deadline to file motion is 16 court days before hearing]; 1010.6(a)(4)(B) [two...

Excerpt: ...ssued to Masha Derflinger and Nerses Torosian are GRANTED. I. MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET ONE In Special Interrogatories, Set One, Nos. 1, 2, 5, 6, 9, 10, 13, and 14, plaintiff St. John Armenian Apostolic Church Hollywood, California (“Church”) seeks to ascertain whether defendant Petros Taglyan claimed charitable contribution tax deductions on his federal and state tax returns for amounts he deposited i...

Excerpt: ...s to Form Interrogatories- General, Set Two is DENIED. I. MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR ADMISSION, SET ONE Plaintiff Dr. Lauren Pinter-Brown moves to compel further responses from defendant The Regents of the University of California to Requests for Admission, Set One, Nos. 8-27, 33, 44-47, and 80. As background, on August 5, 2021, the Court previously heard a motion concerning these requests. The Court ordered further respon...

Excerpt: ...tence of the documents, not the truth of the matters asserted therein. (See Evid. Code §452 (d); Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-69.) Defendant Apollo's requests to take judicial notice of Apollo and Dispatch Management Group's (“Dispatch Management”)) Statements of Information filed with the California Secretary of State are GRANTED. (Evid. Code § 452(c); Pedus Building Services, Inc. v. Allen (2002) 96 Cal.App.4th 152, 1...

Excerpt: ...se of Action: Breach of Contract Defendants contend that plaintiffs Kevin Korosh Shahin and Azadeh Tadayon fail to plead the existence of an oral contract. However, plaintiffs allege that in the summer of 2017, by way of an oral agreement, defendants agreed to competently provide legal services for plaintiffs regarding the Denis Pariseau, et al. v. Azadeh Tadayon et al. litigation. (FAC BC-1.) Defendants observe that the Court previously deemed a...

Excerpt: ...nts Ramon Valdez, Martha Valdez, and LRS Realty & Management, Inc. (collectively, “Valdez Defendants”) and defendants Greg Rodriguez and GJR Real Estate, Inc. (collectively, “Rodriguez Defendants”) separately move for summary judgment. The Valdez Defendants' requests to take judicial notice of the original Complaint, First Amended Complaint, and Second Amended Complaint are GRANTED, but only for the existence of the documents, not the tru...

Excerpt: ...[Labor Code Private Attorneys General Act of 2004]. The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court.” The Court has the following concerns about the Settlement Agreement attached as Exhibit A to the declaration of Nina Montoya filed on March 1, 2022 (“Settlement”). The Court cannot evaluate the entire extent of the “Released Claims” as defined in Section 1 of the Agreement beca...

Excerpt: ...udicial notice of plaintiff's 2017 and 2020 complaints filed with the Department of Fair Employment and Housing is GRANTED. (Evid. Code §§ 452, 453.) I. DEMURRER TO FIRST AMENDED COMPLAINT A. Uncertainty Defendants argue that the First Amended Complaint is uncertain because it purportedly lacks underlying facts and dates. A demurrer for uncertainty is sustained only when the Complaint is “so ambiguous and so unintelligible that they prevent a...

Excerpt: ...nc. (“FACLA”) allege that Article V, Section 3 of the FACLA Bylaws requires a director to never have been convicted of any felony or any crime involving moral turpitude in any jurisdiction. (Compl. ¶ 23.) Citing Corporations Code §§ 5151(c) and 5221(b), defendant contends that plaintiffs failed to allege that a majority of all qualified directors declared defendant's position of president vacant. Plaintiffs allege only that plaintiff Resur...

Excerpt: ...nce Service, Inc. (“AMRAS”) and American Medical Response of Southern California (“AMRSC”) each seek initial responses from plaintiff Pedro Ceren to their respective first sets of (1) Form Interrogatories-General; (2) Form Interrogatories-Employment; (3) Special Interrogatories; (4) Requests for Production of Documents; and (5) Requests for Admission. As a preliminary matter, plaintiff contends that the motion is procedurally improper bec...

Excerpt: ...rcumstances and conditions listed in the Complaint, including lack of certificate of occupancy, a smoke detector, carbon monoxide detector, and safe egress and ingress to the unit via windows and doors, are listed as conditions indicative of a substandard building in Health and Safety Code § 17920.3. (Compl. ¶¶ 9, 19, 20.) Defendant is correct that lack of a certificate of occupancy, smoke detector, or carbon monoxide detector are not listed a...

Excerpt: ...tion on the ground that these causes of action are uncertain. A demurrer for uncertainty is sustained only when the Complaint is “so ambiguous and so unintelligible that they prevent a party from reasonably responding to the allegations . . . .” (Khoury v. Maly's of Cal., Inc. (1993) 14 Cal.App.4th 612, 616.) The names of the fifth through fifteenth causes of action upon which defendants base their demurrer are listed on the caption page of t...

Excerpt: ...solved before a judicial referee based on its agreement in Section 8.21 of the Merchant Marketing and Processing Agreement (“Agreement”). All of plaintiff's claims are governed by the judicial reference provision in the Agreement because its claims arise out its entry into the Agreement with defendant. Plaintiff's claim in the opposition that it was fraudulently induced to enter into the Agreement is belied by plaintiff's admission in the Com...

Excerpt: ...eclaration were self-authenticating. With respect to Jesse Clark, Christopher Chase, and Christina Mejia, plaintiffs maintain that these declarants did not aver to their job duties. However, plaintiffs do not cite any authority indicating that declarants are required to list their job duties to lay a proper foundation. To the extent that averments concerning whether Chase and Mejia perceived plaintiffs as disabled may be contradicted by depositio...

Excerpt: ...l Further Responses to Special Interrogatories, Set One is GRANTED. In both motions, plaintiff Salvador Barrios seek discovery from defendant City of Commerce relevant to the notice that the City of Commerce had regarding the purported dangerous condition at the intersection of South La Verne Avenue and Telegraph Road. (See Gov. Code § 835(b) [public entity liable for injury caused by a dangerous condition when the “public entity had actual or...

Excerpt: ...is motion, defendants The Ozurovich Group, Inc.; L+O Business Management, Inc.; Andrew Ozurovich; and Marinka Sjoberg (collectively, “Ozurovich defendants”) objected to the declaration of plaintiff Paul Rodriguez because it was not executed under penalty of perjury in, or under the laws of, the State of California, as required by CCP § 2015.5 On February 17, 2022, the Court continued the hearing on this motion to allow plaintiff to file a de...

Excerpt: ...f Steven Poore's claims against it. The Court finds that plaintiff agreed to arbitration of the causes of action asserted in this action by signing the “Voluntary Mutual Agreement to Arbitrate Claims” (“Arbitration Agreement”) on July 27, 2001. (Hickey Decl. ¶ 4 & Ex. A.) Plaintiff maintains the Arbitration Agreement is no longer binding because defendant terminated the May 31, 2001, Employment Agreement by demoting plaintiff in 2004. (H...

Excerpt: ...Intentional Misrepresentation and Concealment) In the first cause of action, plaintiff Sly Spectrum LLC (“Sly”) alleges that Joshua Golsen (“Joshua”) and Barry Golsen (“Barry”) failed to disclose that Barry and Jack Golsen (“Jack”), Joshua's grandfather, were named as defendants in a federal securities fraud class action lawsuit and that Barry and Jack were removed from the Board of Directors from their business. (FAC ¶¶ 48-50, ...

Excerpt: ... specific admissions and denials in response to each allegation in the Complaint. Defendants seek leave to amend the Answer in response to plaintiff D.M.'s assertion that, because the Complaint is verified, the Answer must be verified and contain specific denials. (CCP § 431.30(b), (d) [requiring specific denial for verified complaints]; CCP § 446(a).) The parties dispute whether the Complaint was sufficiently verified. According to defendants,...

Excerpt: ...ond Cause of Action: Bad Faith – Breach of the Duty of Good Faith & Fair Dealing “[T]o establish the insurer's ‘bad faith' liability, the insured must show that the insurer has (1) withheld benefits due under the policy, and (2) that such withholding was ‘unreasonable' or ‘without proper cause.' [Citation.]” (Major v. Western Home Ins. Co. (2009) 169 Cal.App.4th 1197, 1209.) With respect to the first element, cross-complainant Immanue...

Excerpt: ...Licker defendants”) object to the declaration of plaintiff Paul Rodriguez because it was not executed under penalty of perjury, as required by CCP § 2015.5. (Kulshrestha v. First Union Commercial Corp. (2004) 33 Cal.4th 601, 612 [“Based on the plain meaning of the statute, and consistent with the legislative history discussed below, the courts have made clear that a declaration is defective under [CCP] section 2015.5 absent an express facial...

Excerpt: ...er, the Court notes that the higher billing rates must necessarily correlate with reduced time spent completing tasks due to the greater experience that such rates indicate. The Court has reviewed the billing entries from counsel for plaintiff and finds that there have been some excessive billings for certain matters. (Block Decl. ¶ 11 & Ex. 2.) The Court reduces the following billing entries, totaling $750.00.  7/2/2020 – email from defens...

Excerpt: ...documents it is withholding from discovery. (Acosta Decl. ¶ 10 [listing categories of documents for which defendant still asserts privilege].) With respect to communications between Library District or defendant's labor and employment counsel, Liebert Cassidy Whitmore (“LCW”) and outside counsel, attorney Angela Reddock-Wright, LCW hired Reddock-Wright to investigate defendant Brenda Siebert's claims of race discrimination and retaliation ag...

Excerpt: ... by Romex, judgment should be entered in favor of Plaintiffs because there is no triable issue of material fact that (i) Romex entered into valid and enforceable contracts in the form of purchase orders and commercial invoices with Plaintiffs for the purchase of textiles between 2014 and 2019; (ii) Plaintiffs substantially performed under the contracts by delivering the textiles; (iii) Romex failed to pay certain invoices for the textiles, thereb...

Excerpt: ...ity, and the tenth cause of action for Declaratory Relief. The Court finds that severance of the causes of action in the Second Amended Cross- Complaint against Colaco from the Third Amended Complaint is appropriate. “[T]here can be no indemnity without liability . . . . [U]nless the prospective indemnitor and indemnitee are jointly and severally liable to the plaintiff there is no basis for indemnity.” (Munoz v. Davis (1983) 141 Cal.App.3d 4...

Excerpt: ...October 18, 2021, as reflected in the Court's Minute Order, the parties orally stipulated to a 15-day extension to respond to the complaint. However, before defendant responded to the Complaint, plaintiff filed and served a First Amended Complaint on October 27, 2021. Defendant received a copy of the First Amended Complaint via facsimile on October 28, 2021. (Herrera Decl. ¶ 4.) Defense counsel contends that he applied the 15-day extension to th...

Excerpt: ...e Novak Law Firm, P.C., filed January 28, 2022. While they are counsel for Immanuel Justin Lovingood in the related action (21STCV25557), they are not counsel for Lovingood in this action. Accordingly, The Novak Law Firm, P.C. has no standing to oppose this motion on behalf of Lovingood. In order to demonstrate lack of good faith, the non-settling party must show that the settlement is so far “out of the ballpark” as to be inconsistent with t...

Excerpt: ...fails as a matter of law because: (1) Plaintiff cannot establish a prima facie case of discrimination; (2) Plaintiff was terminated for legitimate, non-discriminatory reasons; and (3) Plaintiff cannot show the District's reasons for termination were pretext. “On a disability discrimination claim, the prima facie case requires the plaintiff to show he or she (1) suffered from a disability, or was regarded as suffering from a disability; (2) coul...

Excerpt: ...MINARY MATTERS Cross-complainant and personal representative of the Estate of Marilyn Ashby, Kamerron Easton's opposition to the demurrer is 44 pages long, in violation of Rule of Court 3.1113(d) [“Except in a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 15 pages”].) “A memorandum that exceeds the page limits of these rules must be filed and considered in the same manner as a late-filed pap...

Excerpt: ...Responses to Special Interrogatories, Set One is GRANTED IN PART. Plaintiff seeks further responses to Request for Production Nos. 12 and 13 and Special Interrogatory Nos. 9 and 18. Request for Production No. 12 and Special Interrogatory No. 9 seek documents and information relating to notices given by defendant Jaguar to the Secretary of Transportation about defects in 2019 Land Rover Range Rover vehicles, which were required under 40 U.S.C. §�...

Excerpt: ...sts the striking of objections. After the motion was filed, Regan served supplemental responses. (Robie Decl. ¶ 7 & Ex. 5.) For Request Nos. 3 and 9-16, Sturman indicates that the supplemental responses are satisfactory. (Reply at 10.) However, Sturman maintains that the supplemental responses to Request Nos. 1, 2, 4-8, 17, and 19 are not code compliant because Regan has not produced responsive documents. (Reply at 5.) With respect to Request No...

Excerpt: ...rved and filed on January 12, 2022. Based on the hearing date of January 25, 2022, the deadline to serve and file an opposition was January 11, 2022. Defendant's opposition was served and filed one court day late. Nevertheless, the Court exercises its discretion and consider the opposition. (Cal. Rule of Court 3.1300(d) [“No paper may be rejected for filing on the ground that it was untimely submitted for filing. If the court, in its discretion...

Excerpt: ...nses to Special Interrogatories, Set One is GRANTED IN PART. As a preliminary matter, defendant Carmona Premiere Chiropractic Centers, Inc.'s opposition to the two motions was untimely served on January 8, 2022 and filed on January 10, 2022. Based on the hearing date of January 20, 2022, the deadline to serve and file oppositions was January 6, 2022. Defendant's opposition was served one court day late and filed two court days late. Nevertheless,...

Excerpt: ...intiff in this action” or could seek via noticed motion “the reasonable attorney's fees, costs, and expenses recoverable under Civil Code Section 1794(d) to date” as determined by the Court (Tahsildoost Decl. ¶ 7 & Ex. D at ¶ 4.) By this motion, plaintiff has opted for the latter. As a preliminary determination, the Court notes that plaintiff cannot seek fees incurred after June 22, 2021, the date of the CCP § 998 offer. The Court finds ...

Excerpt: ... and to enjoin defendant from further transferring, selling, or otherwise encumbering Gold Benzo's license. As a preliminary matter, the Court GRANTS defendant's unopposed Request for Judicial Notice as to both Items 1 and 2. “[T]he question whether a preliminary injunction should be granted involves two interrelated factors: (1) the likelihood that the plaintiff will prevail on the merits, and (2) the relative balance of harms that is likely t...

Excerpt: ... of action for gender/sex/pregnancy discrimination in violation of FEHA fails because she cannot establish a prima facie case of gender/sex/pregnancy discrimination. Even assuming that Plaintiff could establish a prima facie case of discrimination, whether The Regents had a legitimate, non‐discriminatory business reason for terminating her employment, and whether Plaintiff can provide substantial evidence that The Regents' reason was pretextual...

Excerpt: ...dant Specialized Loan Servicing LLC (“SLS”), after the motion was filed, plaintiff provided a third supplemental response, along with additional documents, including communications with his tax advisor and written confirmation from the Internal Revenue Service that he filed his 2016 tax return. Plaintiff's new objections based on compound phrasing, lack of relevance, and invasion of financial privacy are STRICKEN based on plaintiff's failure ...

Excerpt: ...ifically that the inspection demands are probative of the central issue of defendants' dissemination of plaintiff's sexually explicit photographs and videos obtained pursuant to a search warrant targeting plaintiff's electronic communications providers. (Murray Decl. ¶¶ 11, 12; FAC ¶¶ 15, 16.) CHP argues that the photographs retrieved from plaintiff's cell phone are equally available to plaintiff. However, as plaintiff explained, the inspecti...

Excerpt: ...tiff falsely states the Court suggested plaintiff amend the First Amended Complaint. As reflected in the Court's Order cited by plaintiff's counsel in support of her false statement, the Court simply noted that plaintiff failed to state a violation of state or federal law upon which the whistleblower retaliation cause of action can be maintained, as required by Labor Code § 1102.5(b). Evidentiary objections 7 through 11 are SUSTAINED due to coun...

Excerpt: ...ird-party Bank of America. As a preliminary matter, defendants Raptakis and Kim untimely served and filed their opposition on January 5, 2022, only four court days before the hearing. (See CCP § 1005(b) [deadline to file opposition to motion is nine court days prior to hearing.) The Court exercises its discretion and considers the opposition. (Cal. Rule of Court 3.1300(d) [“No paper may be rejected for filing on the ground that it was untimely...

Excerpt: ...ECIALLY APPEARING DEFENDANTS ALTAMED HEALTH SERVICES CORPORATION AND ALTAMED FOUNDATION'S MOTION TO QUASH SERVICE OF SUMMONS AND COMPLAINT Defendants AltaMed Health Services Corporation and AltaMed Foundation (collectively, “AltaMed Defendants”) contend that, although plaintiff Ai Agnes Sasaki attempted to serve them by FedEx, plaintiff failed to send two copies of the Notice and Acknowledgement of Receipt and the return envelope, as is requi...

Excerpt: ...n actual time expended, and determined by the Court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of this action. The Court finds that the hourly rates of charged by counsel for plaintiff in this action are reasonable. (Taylor Decl. ¶¶ 12, 13; Wirtz Decl. ¶¶ 4-13.) However, the Court notes that the higher billing rates must necessarily correlate with reduced time spent completing tasks due t...

Excerpt: ...asserted therein. (See Evid. Code § 452(d); Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-69.) Defendants' request for judicial notice is DENIED as to Exhibits B and C, because these exhibits contain no file stamps on the first page indicating that these exhibits are records of any court. Plaintiff Dr. Utz Claassen's request for judicial notice as to Exhibits 1 and 2 is GRANTED, but only for the existence of the documents, not the truth of t...

Excerpt: ...ever repay such funds at the time of inducing plaintiffs into so doing. In so finding, the Court concludes that the damages proven by plaintiff in connection with the fraud causes of action (Counts 5-8) is the amount of money defendants defrauded plaintiff into paying, namely, $160,000 in connection with Promissory Note #1 and $25,000 in connection with Promissory Note #2. The Court does not find plaintiff is entitled to judgment as to Counts 1- ...

Excerpt: ... on November 15, 2021. II. DEFENDANT SHANYING INTERNATIONAL HOLDINGS CORPORATION LIMITED'S MOTION TO QUASH SERVICE OF SUMMONS AND COMPLAINT Defendant Shanying International Holdings Corporation Limited's Motion to Quash Service of Summons and First Amended Complaint is GRANTED. Defendant Shanying International Holdings Corporation Limited's (“Shanying”) evidentiary objection numbers 2, 6, 7, 9, 10, 11, 20 are SUSTAINED. All other evidentiary ...

Excerpt: ...P (“MASH”). With respect to the Google subpoena, the scope of this subpoena is vastly overbroad. The scope of the subpoena includes production of documents that are not reasonably calculated to lead to admissible evidence, including personal emails and Internet browsing history not concerning loan applications or assets. Regardless of whether plaintiff is intentionally or inadvertently withholding information concerning his loan applications ...

Excerpt: ...es, however, that other trial court rulings are not binding on this Court. Plaintiff Kimberly Gonzalez's evidentiary objections are OVERRULED. In this motion, defendants Dollar Tree and Ramirez seek to compel arbitration of plaintiff Kimberly Gonzalez's claims against them. The Court finds that plaintiff agreed to arbitration of the causes of action asserted in this action by acknowledging the Mutual Agreement to Arbitrate Claims (“Agreement”...

Excerpt: ...ue No. 1: Whether Dobacor is entitled to adjudication on its claim for back rent in its first cause of action for breach of contract because Cuvee has failed to pay rent amounts owed to Dobacor since November 2017. (UMF 1-9) Plaintiff Dobacor HQ LLC (“Dobacor”) presents evidence that defendant Cuvee breached the terms of the lease by failing to pay rent owed from November 2017 to April 2018. (UMF 6, 7.) Cuvee does not dispute liability. (Resp...

Excerpt: ...to Special Interrogatories, Set One is GRANTED. I. MOTION TO COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION, SET ONE Plaintiff Faraz Tajik's evidentiary objections are OVERRULED. With the exception of Request No. 39, the Court find that plaintiff demonstrates good cause for the discovery sought. Based on plaintiff's allegations regarding engine, check engine light, and break defects in the subject vehicle (Compl. ¶ 9), plaintiff is entitled ...

Excerpt: ... seek the facts, witnesses, and documents supporting Regan's allegations made in this litigation, as well as the identification of damages and bases for damages that Regan seeks in this action. On November 4, 2021, after the motion was filed, Regan served supplemental responses. (Hames Decl. ¶ 5 & Ex. 1.) However, the responses remain inadequate for the reasons discussed below. With respect to Special Interrogatory Nos. 1-5, 8-10, 12-76, 78, 79,...

Excerpt: ...ally harassing conduct. According to witness Suzanne Emmerling's testimony, Bahr allegedly told Emmerling that Jacobs treated her similarly as plaintiff alleges in this action. (Wells Motion Decl. ¶ 4 & Ex. 1 at 33:10-15.) Defendant City of Los Angeles maintains that Bahr cannot sit for deposition due to a medical condition. In support of this assertion, defendant submits letters from physician Daniel J. Wallace, M.D., F.A.C.P., M.A.C.R. Dr. Wal...

Excerpt: ...� 425.16(c), the Court finds that cross-defendants Kamelia Jalilvand and Jalilvand Law Corporation are entitled to recover the reasonable fees and costs incurred in moving to strike the Cross-Complaint. Absent any opposition, the Court finds that the $800.00 hourly rate of attorney Jeff Lewis, the $450.00 hourly rate of attorney Sean Rotstan, and the $225.00 hourly rate of paralegal Jason Ebbens are reasonable. (Lewis Decl. ¶¶ 6, 7 & Ex. 2.) Al...

Excerpt: ...iciency of Allegations against Defendant Tommy Valentin Defendants contend that plaintiff Michael Mendez's harassment claim against defendant Tommy Valentin fails because plaintiff does not establish that the alleged conduct between Valentin and Jane MG Doe constituted sexual harassment. Defendants characterize the relationship between Valentin and Jane MG Doe as consensual and, based on this theory, Jane MG Doe was not subject to unwelcome sexua...

Excerpt: ...ing an electrical, engine, and transmission defect in the subject vehicle (Compl. ¶ 8), plaintiff is entitled to discovery that is probative of defendant's knowledge of electrical, engine, and transmission defects in 2012 Nissan Rogues, including in vehicles other than the subject vehicle, and defendant's handling of complaints and repurchases. (Donlen v. Ford Motor Company (2013) 217 Cal.App.4th 138, 143-44; Doppes v. Bentley Motors, Inc. (2009...

Excerpt: .... (“SpaceX”), Michael Andrews, Mason Falk, and Kathryn Ockerman (formerly known as Kathryn Peterka) seek to compel arbitration of plaintiff's claims against defendants. The Court finds that, by electronically signing the Employee Arbitration and Dispute Resolution Agreement and Class Action Waiver (“Agreement”), plaintiff agreed to submit all his claims between him and SpaceX to arbitration. (Dhillon Decl. ¶ 5 & Ex. A.) The Court also fi...

Excerpt: ...fendants' filing of a signature page for defense counsel's declaration on November 2, 2021. With respect to the motion for summary judgment and the motion for summary adjudication as to Issue No. 1 concerning the first cause of action for Fraud and Deceit, defendants Konstantios Raptakis and Michelle Kim contend that plaintiffs were charged with investigating the permit requirements for the subject property. Defendants refer to the California Res...

Excerpt: ... arbitration award, but only when the fees are authorized by contract. (Marcus & Millichap Real Estate Investment Brokerage Co. v. Woodman Investment Group (2005) 129 Cal.App.4th 508, 513, citing CCP § 1033.5(a)(10)(A) and 1293.2.) The potential fee provision states, in relevant part, “Any dispute shall be subject to binding arbitration conducted before a single arbitrator in Los Angeles in accordance with the rules of the American Arbitration...

Excerpt: ...on for Discrimination Based on Race, the third cause of action for Retaliation for Opposing Violations of FEHA, the fourth cause of action for Failure to Prevent and Stop Harassment, Discrimination, and Retaliation, and the fifth cause of action for Whistleblower Retaliation in Violation of Labor Code § 1102.5, defendant County of Los Angeles argues that plaintiff fails to allege an adverse employment action. “[C]o-worker hostility or retaliat...

Excerpt: ...ause plaintiffs do not specify whether the contracts were written, oral, or implied; the terms of the contracts; and what terms were breached. With respect to the form of the contract, plaintiffs allege that the contract between them and defendants is a “written lease.” (Compl. ¶ 1.) Even though plaintiffs also allege that the contracts between them were “written, oral, and implied” (Compl. ¶ 16), it is possible that that the relevant c...

Excerpt: ...f Michael Smith's Motion to Compel Further Responses from Center for Diagnostic Imaging, Inc. to Form Interrogatories-Employment, Set One is GRANTED. In these two motions, plaintiff Michael Smith seeks further responses from defendant Center for Diagnostic Imaging, Inc. to Form Interrogatories-General, Set One, Nos. 1.1, 3.7, 4.1, 4.2, 12.1, 15.1, 16.1, 16.2, 16.3, 16.4, 16.5, 16.6, 16.7, 17.1, 50.1, 50.2, 50.3, 504., 50.5, and 50.6 and Form Inte...

Excerpt: ...o Compel Further Responses to Form Interrogatories, Set One is GRANTED. Defendant Petros Taglyan's Motion to Compel Further Responses to Special Interrogatories, Set One is GRANTED. I. MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION, SET ONE Defendant Petros Taglyan seeks further responses to Request for Production, Set One, Nos. 2-5, 7, 8, 10- 12, 14-28, and 30-43 from plaintiff Western Diocese of the Armenian Church of North Ameri...

Excerpt: ...d on May 10, 2021. The Court disregards the Request for Judicial Notice untimely filed by Steven Lengyel on October 27, 2021. A court may grant discretionary relief under CCP § 473(b) from a voluntary dismissal pursuant to a settlement agreement based on mistake, inadvertence, surprise, or excusable neglect. (Jackson v. Kaiser Foundation Hospitals, Inc. (2019) 32 Cal.App.5th 166, 174; Zamora v. Clayborn Contracting Group, Inc. (2002) 28 Cal.4th ...

Excerpt: ...VERRULED. The Court finds that it may exercise specific jurisdiction over Daimler. “Specific jurisdiction results when the defendant's contacts with the forum state, though not enough to subject the defendant to the general jurisdiction of the forum, are sufficient to subject the defendant to suit in the forum on a cause of action related to or arising out of those contacts. Specific jurisdiction exists if: (1) the defendant has purposefully av...

Excerpt: ...��) requests for judicial notice of the following are GRANTED, pursuant to Evidence Code § 452(h). 1. American Arbitration Association Employment Arbitration Rules and Mediation Procedures (Exhibit 1) 2. American Arbitration Association Employment/Workplace Fee Schedule (Costs of Arbitration) (Exhibit 2) The request for judicial notice as to Exhibit 3, the Modified Second Amended Joint Chapter 11 Plan of Liquidation (Dated July 2, 2020) of the D...

Excerpt: ...RT AS MOOT and GRANTED IN PART. I. DEMURRER TO COMPLAINT With respect to the second cause of action for age harassment in violation of the Fair Employment and Housing Act (“FEHA”) and third cause of action for sexual harassment in violation of FEHA, “[i]n order to withstand a demurrer for failure to allege exhaustion of available administrative remedies, the plaintiff must allege facts showing that he did exhaust administrative remedies or ...

Excerpt: ..., LLC (“WSM”) seeks to quash the subpoena issued by plaintiff/cross-defendant Fidelity National Title Insurance Company (“Fidelity”) to William Waller, Esq., the attorney who represented WSM's predecessors in their purchase of real property in 2017, to appear for the evidentiary hearing concerning whether Christopher Beck and/or Newmark Knight Frank (“Newmark”) acted as a dual agent/broker for the purchaser and seller of the subject p...

Excerpt: ...TED: 1. Case Summary in Lupe Garcia v. Estate of Jose Heriberto Sanchez, LASC Case No. BC5147255 (Exhibit A) 2. Order on Demurrer to Second Amended Petition in Lupe Garcia v. Cecilia Luna Sanchez, Successor Trustee, LASC Case No. BP168504 (Exhibit B) 3. Decision from California Court of Appeal affirming entry of judgment in in Lupe Garcia v. Cecilia Luna Sanchez, Successor Trustee, LASC Case No. BP168504 (Exhibit C) 4. Judgment of Dismissal After...

Excerpt: ... Harmandjian does not dispute that the entire policy was not attached to the First Amended Complaint (“FAC”). A “pleader should not be allowed to bypass a demurrer by suppressing facts which the court will judicially notice.” (Legg v. Mutual Ben. Health and Acc. Ass'n (1960) 184 Cal.App.2d 482, 488; see also Scott v. JPMorgan Chase Bank, N.A. (2013) 214 Cal.App.4th 743, 753‐54 [judicial notice of Purchase and Assumption Agreement in sus...

Excerpt: ...VERRULED. Although the supplemental declarations contain new evidence, defendants may respond to the supplemental declarations during oral argument. (Wall Street Network, Ltd. v. New York Times Co. (2008) 164 Cal.App.4th 1171, 1183 [“a trial court may properly consider new evidence submitted with a reply brief ‘so long as the party opposing the motion for summary judgment has notice and an opportunity to respond to the new material'”].) Def...

Excerpt: ...MW is sufficient for her to authenticate the Motor Vehicle Lease Agreement (“Lease”) containing the arbitration provisions at issue. (Mendoza Decl. ¶¶ 1, 2 & Ex. A.) Defendants may also invoke the “business records” exception to the hearsay rule because Mendoza avers that the Lease was made in the regular course of business (id. ¶ 2), that plaintiff executed the Lease at the time she leased the subject vehicle (id. ¶¶ 2, 3), and that...

Excerpt: ...ndant The Regents of the University of California (“UCLA”) demurs to the eighth cause of action for Violation of Government Code § 8547 et seq. on two grounds: (1) a Department of Fair Employment and Housing (“DFEH”) complaint is not the type of complaint that may satisfy Government Code § 8547.10's exhaustion requirement; and (2) plaintiff did not comply with Government Code § 8547.10(c)'s exhaustion requirement because her DFEH compl...