Excerpt: ... contract; (3) defendant's intentional acts designed to induce a breach or disruption of the contractual relationship; (4) actual breach or disruption of the contractual relationship; and (5) resulting damage.” (Pacific Gas & Electric Co. v. Bear Stearns & Co. (1990) 50 Cal.3d 1118, 1126.) Defendant Fire Cause Analysis, Inc. (“FCA”) demurs to the third cause of action for Intentional Interference with Contractual Relations on the ground tha...

Excerpt: ...r purchase of real property in 2017. At the hearing on the motion to quash, the parties should be prepared to discuss the following: 1. Although an attorney's duty of loyalty and confidentiality to a former client may extend to circumstances broader than the attorney's concurrent or subsequent representation that is adverse to that client, such duty is still limited to circumstances in which the attorney uses (or may use) the former client's conf...

Excerpt: ...Interrogatories, Set Two and Form Interrogatories, Set Two are GRANTED. Defendants Asendia USA, Inc. (“Asendia”) and Nick Bersaluce seek further responses from plaintiff Maria Sanchez to Requests for Production (also called Demands for Inspection), Set Two, Nos. 14, 15, 19-24, 27, and 28 propounded by Asendia; Special Interrogatories, Set Two, Nos. 7-10 and 34-41 propounded by Asendia and Bersaluce (No. 41 was erroneously designated as the se...

Excerpt: ... (1991) 235 Cal.App.3d 682, 691.) Accordingly, the case law concerning demurrers cited below applies equally to motions for judgment on the pleadings. As to the first affirmative defense—that each cause of action fails to state facts sufficient to constitute a cause of action—such a defense cannot be waived, even if not asserted explicitly. (CCP § 430.80(a).) Thus, even if this defense was wrongly labeled an affirmative defense instead of a ...

Excerpt: ...tory to a contract may be liable for any breach.” (Clemens v. American Warranty Corp. (1987) 193 Cal.App.3d 444, 452.) Defendant California Public Employees' Retirement System (“CalPERS”) is not a signatory to the 2011-2016 Memorandum of Understanding (“MOU”) that is the subject of this cause of action. (SAC ¶¶ 23-26, Ex. A.) Plaintiffs concede that CalPERS is not liable for breach of the MOU. (Opp. at 13:16-18 [“Rather the SAC, par...

Excerpt: ...l, Set One; (3) Requests for Admission-Truth of Facts, Set One; (4) Requests for Admission-Genuineness of Documents, Set One; (5) Special Interrogatories, Set One; and (6) Demand for Production of Documents, Set One. (Le Decl. ¶ 5 & Exs. 3-8.) Plaintiff contends that the discovery is the same discovery that defendant Carmona Premiere Chiropractic Centers, Inc. (“Carmona”) served on February 8, 2021. (Id. ¶ 2.) Carmona untimely moved to comp...

Excerpt: ...ach of a written contract, the contract must either be attached to a complaint or set forth verbatim in the body of the complaint. (Otworth v. Southern Pac. Transportation (1985) 166 Cal.App.3d 452, 459.) Cross-defendant SEF Construction, Inc. (“SEF”) contends that cross-complainant Cat King, LLC (“Cat King”) failed to attach the alleged contract between Cat King and Green Center Construction, Inc., SEF's predecessor and assignor. (First ...

Excerpt: ...im, claiming both that the judgment was void due to ineffective service and that he never received actual notice of the action in order to appear and defend himself. (CCP § 473(d) [“The Court may, upon motion of the injured party . . . , set aside any void judgment”], § 473.5(a) [“When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against h...

Excerpt: ...efendant Global Win Capital Corporation regarding the discovery at issue. (Freeze Decl. ¶ 5 & Ex. C.) On June 30, 2021, the parties met and conferred over the phone. On July 19, 2021, defendant served supplemental responses. (Id. ¶ 6 & Ex. D.) On July 30, 2021, defendant served a second set of supplemental responses. (Karmand Decl. ¶ 11 & Ex. A.) Instead of continuing to meet and confer regarding the supplemental responses, plaintiff filed thi...

Excerpt: ... seek to compel arbitration of plaintiff's claims against moving defendants. The Court finds that plaintiff agreed to arbitration of the causes of action asserted in this action. Defendants submit the declaration of Joelena McCoy, Senior Director of Human Resources at SCPC. (McCoy Decl. ¶¶ 1, 2.) Attached to the McCoy declaration in support of the motion is the Agreement to Arbitrate (“Agreement”) acknowledged and accepted by plaintiff on O...

Excerpt: ...s sexual misconduct at Toluca Lake Health Clinic until UCLA interviewed plaintiff on July 25, 2018, which as a purported violation of the University of California Sexual Violence and Sexual Harassment Policy. (UMF 16, 21.) Defendant also maintains that plaintiff violated UCLA Faculty Practice Group Policy 7306 by failing to personally ensure that the physician was prohibited from female patient contacts during well-woman examinations. (UMF 20.) I...

Excerpt: ...service of this order. Defendant VolumeCocomo Apparel, Inc. (“VCA”) moves to compel third- party Choi Hong Lee & Kang LLP (“CHLK”), the accountants for Plaintiff Andrew Young Ahn (“Plaintiff”), to comply with the business records subpoena (“Subpoena”) VCA served on March 12, 2021. This action arises from a former business relationship between Plaintiff and Defendants Christopher Chang (“Chang”) and Susie Chang (“Susie”) (c...

Excerpt: ... and to hold Muhe in contempt. With respect to the request to hold Muhe in contempt, “[w]hen the contempt is not committed in the immediate view and presence of the court, or of the judge at chambers, an affidavit shall be presented to the court or judge of the facts constituting the contempt, or a statement of the facts by the referees or arbitrators, or other judicial officers.” Thereafter, an order to show cause must be issued and a hearin...

Excerpt: ...osition Subpoenas for Production of Business Records to Pristine AIRE, LLC is GRANTED. The deposition subpoenas issued to (1) SafeCon Consulting Group, Inc., (2) Unique Restoration, and (3) PristineAIRE, LLC are QUASHED. Defendant AMG & Associates, Inc. seeks personnel records from plaintiff's current and former employers. Personnel files sought by the subpoena are accorded a strong degree of privacy. (Board of Trustees v. Superior Court (1981) 1...

Excerpt: ... Real Estate Investment Services, Inc. (“Matthews”) maintains that the motion was not promptly served. (See CCP § 2030.090 [“When interrogatories have been propounded, the responding party, and any other party or affected natural person or organization may promptly move for a protective order.”]; CCP § 2031.060(a) [same as to requests for production]; CCP § 2033.080(a) [same as to requests for admission].) However, Matthews does not ci...

Excerpt: ... 452(d); Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-69.) Defendant, the manufacturer or distributor of the subject vehicle, seeks to compel arbitration of plaintiffs Ali Askari and Vibe Media, Inc.'s claims against it under the provisions of the Motor Vehicle Lease Agreement (“Lease Agreement”). It is undisputed defendant is not a signatory to the Lease Agreement between plaintiffs and dealer WI Simonson. (Garcia Decl. ¶ 3 & Ex. A.) G...

Excerpt: ...2) With respect to Issue No. 1, defendant The Regents of the University of California contends that plaintiff Karolan Palacios did not suffer an adverse employment action because she voluntarily resigned from her position. (UMF 30, 39.) However, plaintiff demonstrates a triable issue concerning whether she was forced to resign based on director Alvin Gutierrez's letter communicating that her request for personal leave of absence was denied. (Resp...

Excerpt: ...quiring respondent Bill James Releford, D.P.M. to produce the records of patients P.K., D.L, J.B., and D.G. from January 1, 2018 through June 10, 2020 to the Health Quality Investigation Unit of the Department of Consumer Affairs. On July 23, 2021, the Court issued an order directing respondent to show cause why he has not produced or permitted the inspection of the subpoenaed documents and why he should not be ordered to appear before a represen...

Excerpt: ...ed Complaint is OVERRULED. Defendant Fisher Scientific Company L.L.C.'s Motion to Strike Portions of First Amended Complaint is DENIED. Defendant Thermo Fisher Scientific Chemicals Inc.'s Demurrer to First Amended Complaint is OVERRULED. Defendant Defendant Thermo Fisher Scientific Chemicals Inc.'s Motion to Strike Portions of First Amended Complaint is DENIED. Defendant Pfizer Inc.'s Demurrer to First Amended Complaint is OVERRULED. I. DEFENDANT...

Excerpt: ...omplaint is OVERRULED. Defendant Zubin F. Udwadia, M.D.'s Motion to Strike Portions of First Amended Complaint is DENIED. I. DEMURRERS TO FIRST AMENDED COMPLAINT Defendants Aldric M. Jones, M.D., originally named as Doe 1, and Zubin F. Udwadia, M.D., originally named as Doe 2, present identical arguments in their demurrers. Accordingly, the discussion below pertains to both individual defendants. A. First Cause of Action – Violation of Constitu...

Excerpt: ...rofessional Law Corporation and Tisdale & Nicholson, LLP. The subpoenas seek attorney-client communications between defendants and their former counsel in Matloubian v. Mansur et al. (Case No. BC539027) (“Matloubian I”). (Krause-Leemon Decl. ¶ 3.) On August 5, 2021, the Court issued a tentative ruling indicating it would deny the motion. The Court, however, continued the hearing and ordered supplemental briefing regarding whether defendants ...

Excerpt: ... plaintiff seeks the Person Most Knowledge's (“PMK”) attendance at deposition, not answers to specific questions at deposition or the production of documents. The Court finds that plaintiff is entitled to take the deposition of defendant General Motors LLC's Person Most Knowledge concerning all ten topics listed in the deposition notice served on May 17, 2021. (Halbert Decl. ¶ 4 & Ex. C.) Defendant objects to Topic Nos. 4, 5, 6, 7, 9, and 10...

Excerpt: ...dant Hyundai Motor America, the manufacturer of the subject vehicle, seeks to compel arbitration of plaintiffs Edwin Villagonzalo and Carlisle Villagonzalo's claims against it under the provisions of the Retail Installment Sales Contract. It is undisputed defendant is not a signatory to the Retail Installment Sales Contract (“RISC”) between plaintiff and dealer Win Hyundai Carson. (Garcia Decl. ¶ 3 & Ex. A.) Generally, “one must be a party...

Excerpt: ...sinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-69.) Defendant's request for judicial notice of Exhibit D is GRANTED, pursuant to Evidence Code § 452(d). Defendant contends that plaintiff failed to exhaust administrative remedies pursuant to Labor Code § 2699.3 because plaintiff's letter to the Labor and Workforce Development Agency (“LWDA”) contains insufficient particularity. “The evident purpose of the notice requirement is to afford t...

Excerpt: ...t is DENIED. Plaintiff Jose Huezo's request for judicial notice as to Exhibits 1 and 4 is GRANTED, but only 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 request for judicial notice as to Exhibits 2 and 3 is GRANTED, pursuant to Evidence Code § 452(d). I. DEMURRER TO FIRST AMENDED COMPLAINT As a preliminary matter, ...

Excerpt: ...l. ¶¶ 9, 11 & Exs. 5, 6.) Defendant seeks an order compelling plaintiff Melissa Meyer to provide a compliant privilege log and produce amended responses to document demands and non-privileged documents. On March 9, 2021, in response to defendant's Requests for Production of Documents, Set One, plaintiff asserted objections based on the attorney-client privilege and the attorney work product doctrine but agreed to produce non-privileged document...

Excerpt: ... A. PRELIMINARY MATTERS With respect to defendant Naamaz Zeevi-Gold's obligation to meet and confer prior to filing the demurrer and motion to strike, counsel for plaintiff John Doe maintains that, despite notifying defendant to copy the paralegals in any emails sent to counsel for plaintiff, defendant did not do so in attempting to meet and confer. (Smith Decl. ¶¶ 5, 6 & Exs. B, C.) Plaintiff's counsel cannot opt out of receiving email directl...

Excerpt: ...nds that plaintiff agreed to arbitration of the causes of action asserted in this action. Plaintiff's claims, all of which arise from the alleged sexual harassment and abuse from defendant Talebi at her employment at Panini, are encompassed with the arbitration provision of the Mutual Agreement to Arbitrate Claims (“Agreement”). (Mirhosseini Decl. ¶ 2 & Ex. A.) The Court also finds that individual defendants Talebi and Golshan may compel arb...

Excerpt: ...ks an order compelling defendant Washington Square Management, LLC (“WSM”) to produce documents that are responsive to the business records subpoena issued to third-party Newmark Knight Frank (“Newmark”). At issue in this motion is whether certain documents that are responsive to the subpoena are protected by the attorney- client privilege or the attorney work product doctrine. On February 25, 2021, FNTIC issued a business records subpoen...

Excerpt: ...g].) Nevertheless, the Court exercises its discretion and considers the opposition. (Cal. Rule of Court 3.1300(d).) The Court admonishes plaintiff's counsel that it may decline to consider untimely filings in the future. Pursuant to CCP § 1030(b) and (c), the Court shall require a plaintiff residing outside the State of California to file an undertaking if there is a reasonable possibility that the moving defendant will obtain judgment in this a...

Excerpt: ... to Exhibits H-J is GRANTED, pursuant to Evidence Code § 452(b). Plaintiff Brittany Nicole Noh's evidentiary objections are OVERRULED. Plaintiff cannot object to defendant's purported undisputed material facts, only evidence. (Cal. Rule of Court 3.1354.) Defendant's evidentiary objections are OVERRULED. B. FIRST CAUSE OF ACTION: WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY For the reasons stated below with respect to the second through fou...

Excerpt: ...f seeks leave to amend to file a First Amended Complaint to add five causes of action: (1) Failure to Prevent Discrimination under the FEHA; (2) Violation of California Labor Code § 232.5; (3) Violation of California Government Code § 8547.10; (4) Violation of California Government Code § 8547.11; and (5) Violation of Mandatory Reporting Duty under Government Code § 815.6. Requests for leave to amend pleadings will normally be granted unless ...

Excerpt: ...f Beverly Hills (“City”) demurs to the Second Amended Complaint (“SAC”) on the following grounds: (1) plaintiffs failed to file a claim under the Government Tort Claims Act with the City; (2) plaintiffs' requested remedies are unlawful; (3) plaintiffs fail to state individual employment agreements to maintain the second cause of action; (4) Government Code § 818.8 bars the second cause of action; and (5) declaratory relief is not availab...

Excerpt: ...i v. R.J. Reynolds Tobacco Co. (1994) 7 Cal.4th 1057, 1063.) Cross-defendants Debra Felipe and Construction Paper, Inc. demur to every cause of action on the ground that the causes of action are time-barred. The Court finds that cross-complainant CJ Concrete Construction Inc. sufficiently invoked the discovery rule in the First Amended Cross-Complaint. The “discovery” rule “postpones accrual of a cause of action until the plaintiff discover...

Excerpt: ...iers, Inc. (“Apollo”) and Dispatch Management Group (“DMG”) are his joint employers. (Morales v. 22nd Dist. Agricultural Assn. (2016) 1 Cal.App.5th 504, 543 [“‘Joint employment occurs when two or more persons engage the services of an employee in an enterprise in which the employee is subject to the control of both.' [Citation]”].) Apollo controlled the conditions of plaintiff's employment, including how much plaintiff was paid and ...

Excerpt: ...led on August 28, 2020 are GRANTED, but only 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.) Defendant's request for judicial notice as to the March 16, 2021 Minute Order is GRANTED, pursuant to Evidence Code § 452(d). Defendant's evidentiary objections are OVERRULED. I. FIRST CAUSE OF ACTION: FRAUD With respect to Issue Nos. 1 th...

Excerpt: ...gh 4 are GRANTED, pursuant to Evidence Code § 452(c). (Rodas v. Spiegel (2001) 87 Cal.App.4th 513, 518 [official acts include records, reports and orders of administrative agencies].) Cross-defendants' request for judicial notice as to Exhibit 5 is GRANTED, pursuant to Evidence Code § 452(a). The demurrers to the first, seventh through tenth, and twelfth through fourteenth causes of action are SUSTAINED on the basis of the Labor Commissioner's ...

Excerpt: ...ry objections are OVERRULED. As a preliminary matter, the Court notes that, despite the Court's 6/10/21 Minute Order noting the grant of leave for plaintiff to file a First Amended Complaint and ordering “[t]he First Amended Complaint is to be filed separately via e-court,” plaintiff has not filed the First Amended Complaint. Plaintiff is ordered to file the First Amended Complaint within two (2) Court days hereof. For purposes of addressing ...

Excerpt: ...ulting party must: (1) demonstrate that it has a meritorious defense; (2) state a satisfactory excuse for not presenting a defense in the original action; and (3) demonstrate diligence in seeking to set aside the default upon discovery. (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 982, citing Stiles v. Wallis (1983) 147 Cal.App.3d 1143, 1147–48 and In re Marriage of Stevenot (1984) 154 Cal.App.3d 1051, 1071.) The Court does not find any of the ...

Excerpt: ...on for Order to Deem the Truth of Each Request for Admission, Set No. 1 is GRANTED IN PART. I. FORM INTERROGATORIES‐GENERAL, SET ONE Respondent Kathy Luong's Motion to Compel Verified Responses to Form Interrogatories, Set One concerns Form Interrogatories-General, Set One, Nos. 1.1 and 17.1. Luong served the first set of Form Interrogatories on petitioner Sovan Lam by email on April 21, 2021. (Luong Motion Decl. ¶ 2 & Ex. A.) The deadline to ...

Excerpt: ...al estoppel. According to defendant, plaintiff appealed Kaiser's decision to reject her request for an out-of-network referral for lipedema treatment to the California Public Employees' Retirement System (“CalPERS”). (UMF 8, 10.) After an administrative hearing, an Administrative Law Judge (“ALJ”) issued a decision recommending denial of the appeal, and CalPERS adopted the decision. (UMF 16-18.) The CalPERS decision is final. (UMF 20, 21....

Excerpt: ... FIRST AMENDED COMPLAINT Defendant The Regents of the University of California demurs to the eighth cause of action for Violation of Government Code § 8547, et seq., on two grounds: (1) plaintiff fails to allege she made the written complaints under penalty of perjury; and (2) plaintiff does not sufficiently allege she was terminated due to her written complaints. With respect to the second ground, defendant contends plaintiff Dinora Duarte fail...

Excerpt: ... to Prior Medical Providers is GRANTED. The deposition subpoenas issued to (1) Los Angeles County Office of Education, (2) USC Verdugo Hills Hospital, (3) USC Verdugo Hills Hospital – Radiology Records, (4) Doctor Ali D. Aziz, M.D., and (5) Descanso Family Practice are QUASHED. Doumanian & Associates may not be identified as the deposition officer on the subpoenas. Under CCP §2020.420, a “deposition officer shall not be financially intereste...

Excerpt: ...entional Interference with Contractual Relations on the ground that she was not a stranger to the insurance contract between plaintiff Hugh Miller and defendant The Prudential Insurance Company of America (“Prudential”) and that Prudential made the ultimate decision to deny plaintiff's claim. Here, plaintiff alleges that Zeller was an independent contractor who was not a party to the contract between plaintiff and Prudential. (Compl. ¶ 36.) ...

Excerpt: ...t (1992) 6 Cal.App.4th 1548, 1564-69.) Defendant's requests for judicial notice as to Exhibits E-H are GRANTED, pursuant to Evidence Code § 452(d). CCP § 340.6(a) provides that “[a]n action against an attorney for a wrongful act or omission, other than for actual fraud, arising in the performance of professional services shall be commenced within one year after the plaintiff discovers, or through the use of reasonable diligence should have di...

Excerpt: ...o allege how defendants' taking of a property right was for a wrongful use, with the intent to defraud, or by undue influence. (Welf. & Inst. Code § 15610.30(a)(1-3).) Plaintiff alleges that defendants, who were “trusted financial advisors,” did not explain the features of the loan, including the balloon payment or high interest rate. (Compl. ¶ 16.) However, defendants, as the lender and lender-affiliated broker, had no duty to advise plain...

Excerpt: ...GRANTED, pursuant to Evidence Code § 452(d). Defendant's requests for judicial notice as to Exhibits 5 and 6 are DENIED, because they are not court records and no other provision of Evidence Code § 452(d) allows the Court to take judicial notice of discovery responses. Defendant's requests for judicial notice as to Exhibits 7, 8, 10, and 11 are GRANTED, but only for the existence of the documents, not the truth of the matters asserted therein. ...

Excerpt: ...fer's request for judicial notice as to Exhibit Q (Complaints) is GRANTED, but only 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.) Defendants' request for judicial notice as to Exhibit K (EDD records) is GRANTED, pursuant to Evidence Code § 452(c). (See Fowler v. Howell (1996) 42 Cal.App.4th 1746, 1750 [allowing for judicial not...

Excerpt: ...tions of Second Amended Complaint, joined by defendant Jose Moreano, is GRANTED IN PART. I. FARMERS ENTITY DEFENDANTS AND BRIANA BERNHARDT'S DEMURRER TO SECOND AMENDED COMPLAINT Plaintiffs' requests for judicial notice are 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”].) A...

Excerpt: ... 100) are GRANTED, but only 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.) Defendants move for a separate trial on the equitable causes of action, contending that the first cause of action for Breach of Fiduciary Duty, second cause of action for Declaratory Relief, third cause of action for Dissolution, and fifth cause of action f...