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: ...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: ...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: ...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: ...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: ...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: ... 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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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...