Excerpt: ...closed demonstrated a violation of a state or federal statute, or a violation of a local, state, or federal rule or regulation (see Lab. Code S 1102.5(a), (b)) or that defendant retaliated agamst him for refusing to violate a law (see Lab. Code 5 1102.5(c)). Plamtiffs First Amended Complaint is based on his alleged retaliatory transfer out of the Professional Standards Division resulting from his report that the tactics used m the execution of a ...

Excerpt: ...laintiff/cross-defendant Family Choice Private Duty Agency, Inc. ("Family Choice") the genuineness of documents and the truth of matters set forth in Requests for Admission, Set One. However, on February 13, 2023, before the hearing on the instant motion, Family Choice served verified responses to Requests for Admission, Set One. (Hahn Decl. 8 & Ex. 2.) VVhen "a parv to whom requests for admission are directed fails to serve a timely response," "...

Excerpt: ...ration of Brian E. Cole II, the following concerns remain: 1. With respect to the fourth concern set forth in the December 22, 2022 Minute Order, plaintiff maintains that the PAGA Allocation of $3,750 is taken out of the Net Settlement Amount. (Supp. Wilson Decl. ¶ 4.) That explanation seems wrong in several respects. To begin with, the PAGA Allocation is $15,000, with $11,250 (i.e. 75%) going to the Labor and Workforce Development Agency (“LW...

Excerpt: ..., 2022. On September 15, 2022, the Court denied plaintiff's motion to compel further responses to Special Interrogatories, Set One, Nos. 12, 15, and 19. The Court did not award monetary sanctions to defendant because “defendant did not request any suggested amount of sanctions or any evidence from which to calculate an appropriate amount of sanctions.” (9/15/22 Minute Order.) Defendant attempts to remedy this defect with the instant motion. (...

Excerpt: ...emurring defendants Morris M. Beliakoff and John Beliakoff demur to the sole cause of action for negligence on the ground that the Complaint contains insufficient allegations to apprise them of the nature, source, and extent of the claim against them. (See Semole v. Sansoucie (1972) 28 Cal.App.3d 714, 719 [“The Supreme Court has consistently stated the guideline that ‘a plaintiff is required only to set forth the essential facts of his case w...

Excerpt: ...led to an award of reasonable attorney fees. “A trial court may not rubber stamp a request for attorney fees, but must determine the number of hours reasonably expended.” (Donahue v. Donahue (2010) 182 Cal.App.4th 259, 271.) Defendant seeks an award of $ 670,512.00, which includes the fees incurred in preparing the reply in support of the instant motion. As a threshold matter, the Court finds that the hourly rates claimed by defendant counsel...

Excerpt: ...Cal.App.5th 1048, 1075.) Defendant Nissan North America, Inc. moves to compel arbitration of plaintiffs' Fidencio L. Perez and Blanca Vazquez's claims against it. The Court finds that defendant has waived the right to seek arbitration. “When an arbitration agreement does not specify the time within which arbitration must be demanded, a reasonable time is allowed; a party who does not demand arbitration within a reasonable time is deemed to have...

Excerpt: ...claim, depending on the circumstances.” (Schrage v. Schrage (2021) 69 Cal.App.5th 126, 149.) The parties dispute whether the fourth cause of action is an individual claim or a derivative claim. Defendant maintains the fourth cause of action is a derivative claim, which is subject to pre-suit requirements. (Patrick v. Alacer Corp. (2008) 167 Cal.App.4th 995, 1004-05 [“[F]or a plaintiff to have standing to file a derivative action, it must alle...

Excerpt: ...ourt's 10/11/22 discovery order, wherein the Court ordered defendant American Honda Motor Co., Inc. to serve further responses to plaintiffs' Request for Production of Documents, Set One, Nos. 17, 18, 19, 20, 24, 25, 26, 55, and 56 within fifteen days of the order. (Neubauer Decl. ¶ 3.) The subject Requests are as follows: REQUEST FOR PRODUCTION NO. 17: All DOCUMENTS, including electronically stored information and electronic mails, concerning, ...

Excerpt: ...pp.5th 1048, 1075.) Defendant Nissan North America, Inc. moves to compel arbitration of plaintiff Susan Rivera's claims against it. Defendant fails to demonstrate that plaintiff agreed to arbitration of the claims asserted in the instant action. “The party petitioning to compel arbitration ‘bears the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence….' [Citation.]” (Higgins v. Superior Cou...

Excerpt: ...(1) the cause of action is not pled with particularity; and (2) the cause of action is barred by the economic loss rule. With respect to the first ground, the elements of a cause of action for fraud by omission are: (1) the defendant must have concealed or suppressed a material fact; (2) the defendant must have been under a duty to disclose the fact to the plaintiff; (3) the defendant must have intentionally concealed or suppressed the fact with ...

Excerpt: ...tration of plaintiffs Robert Leggins and Marita Leggins' claims against it under the provisions of the Retail Installment Sales Contract (“RISC”), which plaintiff Robert Leggins signed. It is undisputed defendant is not a signatory to the RISC between plaintiff Robert Leggins and dealer H.W. Hunter, Inc. (Azemoon Decl. ¶ 2 & Ex. A.) Generally, “one must be a party to an arbitration agreement to be bound by it or invoke it.” (Westra v. Ma...

Excerpt: ...ins that Kim McGinnis, the person who signed the proof of service of summons filed on December 9, 2022, is not a registered process server, contrary to the representation in the proof of service. Respondent also argues that the representation of personal service on December 7, 2022 contained in the proof of service is false. As a preliminary matter, respondent filed a reply on February 15, 2023, one court day before the hearing. Based on the hear...

Excerpt: ...�ZeniMax Defendants”) move for monetary sanctions in the amount of $8,459.34 against plaintiffs Ragnarok Game, LLC and ESDFOS, LLC, Candler, and Ellis George Cipollone O'Brien Annaguey LLP (“Ellis George”), jointly and severally. The ZeniMax Defendants contend that Candler previously agreed to sit for “one long day” of deposition on November 2, 2022, and possibly one more day of deposition on November 3, 2022. (Naydonov Decl. ¶ 4 & Ex....

Excerpt: ... defendant General Motors LLC to Requests for Production of Documents, Set One, Nos. 16-43, 45, and 46. Defendant argues that plaintiff did not meet and confer in good faith as they did not try to resolve any disputes. (Opp. at 4:15-17.) On November 8, 2022, after defendant served plaintiff with responses, plaintiff served defendant with a meet and confer letter. (Kreymer Decl. ¶ 8 & Ex. C.) Plaintiff set forth reasoning and analysis regarding w...

Excerpt: ...medium battering ram was not defectively designed. “[A] product is defective in design either (1) if the product has failed to perform as safely as an ordinary consumer would expect when used in an intended or reasonably foreseeable manner, or (2) if, in light of the relevant factors discussed below, the benefits of the challenged design do not outweigh the risk of danger inherent in such design.” (Barker v. Lull Engineering Co. (1978) 20 Cal...

Excerpt: ...orth America (“Diocese”) to serve further responses to Requests for Production, Set Three, Nos. 90-94, 96-119, 121, 122, 124, and 126-131; and (2) compel plaintiff St. John Armenian Apostolic Church Hollywood, California (“Church”) to serve further responses to Requests for Production, Set Three, Nos. 98-102, 104-122, 124-127, 129, 130, 132, and 134-139. As a preliminary matter, defendant did not pay a separate filing fee for each of the ...

Excerpt: ... before the Court. (Martinez v. San Diego County Credit Union (2020) 50 Cal.App.5th 1048, 1075.) Plaintiffs UW International Corp., Crown Estate Holding, LLC, and Jay Hooper seek leave to file a First Amended Complaint (“FAC”). Plaintiffs seek to add an additional defendant, Mission N95 GP, and add additional causes of action. (Lee Decl. ¶¶ 7, 9 & Exs. 1-3.) Plaintiffs contend that Mission N95 Holdings, LLC may have been improperly formed a...

Excerpt: ...ution” of the issues before the Court. (Martinez v. San Diego County Credit Union (2020) 50 Cal.App.5th 1048, 1075.) In any event, defendant STS asks this Court to take judicial notice of certain public records and certain statements of fact therein, but “[t]he hearing on demurrer may not be turned into a contested evidentiary hearing through the guise of having the court take judicial notice of documents whose truthfulness or proper interpre...

Excerpt: ...sts for Production, Set One is GRANTED IN PART. I. MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET ONE Plaintiff Tomecie Ydette Crockam, by and through her successor in interest Naomi Washington, moves to compel further responses from defendant Providence Health System – Southern California to Special Interrogatories, Set One, Nos. 1-4, 6-14, 22, 24, 26, 31, and 32. After the filing of the motion, defendant served supplementa...

Excerpt: ...this motion. (Kreymer Decl. ¶ 6 & Ex. C.) While plaintiff's meet and confer communications do not address the objections (Kreymer Decl. ¶¶ 5, 7 & Ex. B), CCP § 2025.450(b)(2) allows the moving party to file a meet and confer declaration or a declaration stating that the moving party contacted the deponent to inquire about the nonappearance. Here, defendant's Person Most Qualified (“PMQ”) failed to attend the deposition on the noticed date...

Excerpt: ...oes not constitute hearsay. Dennis Calles' averments concern what he told and what he provided to Michael Prew about the fact that plaintiff had a heart condition being treated at UCLA Medical Center-Mattel Children's Hospital, including open-heart surgery. Calles' statements to Prew, as well as the letter attached to the declaration, are not offered for the truth of the matter stated (i.e., whether plaintiff actually had a heart condition); rath...

Excerpt: ... as required by CCP § 430.41(a)(3). Even though defendant is self-represented, “mere self-representation is not a ground for exceptionally lenient treatment. Except when a particular rule provides otherwise, the rules of civil procedure must apply equally to parties represented by counsel and those who forgo attorney representation.” (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 984–85.) Cross-defendant Cheung is admonished to comply with t...

Excerpt: ... Compel Further Responses from Arte Milano Textile, Inc. to Requests for Production, Set One is GRANTED IN PART. Defendant/cross-complainant Federal Insurance Company's Motion to Compel Further Responses from Lavitex, Inc. to Requests for Production, Set One is GRANTED IN PART. Defendant/cross-complainant Federal Insurance Company's Motion to Compel Further Responses from Arte Milano Textile, Inc. to Special Interrogatories, Set One is GRANTED. D...

Excerpt: ... for the existence 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.) Plaintiff's evidentiary objections are OVERRULED. Plaintiff One Cal Plaza Owner, LLC moves for summary judgment, or in the alternative, summary adjudication as to the breach of lease, breach of guaranty, and declaratory relief causes of action. With respect to the third cause of acti...