Excerpt: ...auses of action are alleged only against the Vessel Defendants. A. Motion for Summary Adjudication Although the caption of the notice of motion states “Defendant Foster Wheeler LLC's Notice of Motion for Summary Judgment, Or, In The Alternative, Summary Adjudication,” Defendant did not comply with the rules for making a motion for summary adjudication. For example, California Rules of Court rule 3.1350(b) requires the notice of motion to spec...

Excerpt: ...dings: (1) the party has a substantial interest in the action as a whole; and (2) the health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. (Code Civ. Proc., § 36, subd. (a).) An affidavit submitted in support of a motion for preference under subdivision (a) of Section 36 may be signed by the attorney for the party seeking preference based upon information and belief as to the m...

Excerpt: ...ument about which asbestos fibers caused the decedent's disease and whether causation occurred after her disease was underway. Pursuant to the July 8, 2022 CMO, motions about the substantial factor test and but for causation are deemed made and denied so long as the trial court intends to use CACI 435. Therefore, the motion is denied so long as the trial court intends to use CACI 435. Plaintiffs' MIL No. 4 This motion seeks to exclude improper st...

Excerpt: ...ion. The motion is granted except as to life expectancy and damages. The evidence may be relevant to those issues. The motion is granted in part and denied in part. Plaintiffs' MIL No. 2 Plaintiffs move to exclude derogatory comments against Plaintiffs' counsel. Pursuant to the July 8, 2022 CMO, this motion is deemed made and granted. Defendants did not show good cause to depart from this order. Therefore, the motion is granted. Defendants' MIL N...

Excerpt: ...t. The Court cannot conclude before the trial on a motion in limine that no evidence supports a particular point. The motion is denied without prejudice to a contemporaneous objection at trial. Plaintiffs' MIL No. 2 Plaintiffs seek to exclude reference to their residency status and the residency status of other witnesses. Pursuant to Evidence Code section 351.2, the motion is granted. However, witnesses may discuss Jose Diaz life on a farm near e...

Excerpt: ...At her deposition, Jolucvar could not recall ever purchasing any powder or makeup product from Ralphs. (UMF 6-12.) Plaintiffs filed a notice of non-opposition. Defendant satisfied its initial burden of showing Plaintiffs do not have evidence Ralphs sold or delivered to them any asbestos-containing product. Because Plaintiffs did not oppose, they failed to show any disputed issue for trial. Therefore, summary judgment is granted for Ralphs. The mo...

Excerpt: ...hat Fryer-Knowles Washington employees performed because by 1973, it was no longer doing business in California. Such California work was performed by Fryer Knowles, Inc. dba Fryer-Knowles, Inc. a California Corporation (“Fryer Knowles California”). A. Objections 1. Plaintiffs' Objections to Request for Judicial Notice The request for judicial notice is granted. The Court may take judicial notice of the legal effects of the documents. (Scott ...

Excerpt: ...f action for vicarious liability, sixth cause of action for premise liability, and seventh cause of action for loss of consortium. Plaintiff's Objection No. 1 is sustained. Defendant's Objection Nos. 1-18 are denied. A. First Cause of Action Defendant contends that the first cause of action alleges the defendants “manufacture, supply, market, distribute or otherwise place asbestos-containing products into the stream of commerce,” none of whic...

Excerpt: ...reet in Carson. On July 14, 2017, Plaintiff tripped over an unsafely parked pallet jack at the work site. Plaintiff alleges that Defendants did not carry workers' compensation insurance in violation of the Labor Code. Plaintiff sues Defendants for (1) direct employer negligence, (2) negligence, and (3) negligent hiring, training, and/or retention. This motion was originally scheduled to be heard on February 3, 2022 but was continued to allow the ...

Excerpt: ...dure sections 36 subdivision (a). A party who is over 70 years old may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) the party has a substantial interest in the action as a whole; and (2) the health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. (Code Civ. Proc., § 36, subd. (a).) An affidavit submitted in...

Excerpt: ...eral territory, federal land, federal property, federal facilities and/or other federal enclave.” (Complaint, ¶ 14.) A motion for judgment on the pleadings is the functional equivalent to a general demurrer. (Lance Camper Mfg. Corp. v. Republic Indemnity Co. of Am. (1996) 44 Cal.App.4th 194, 198.) Like demurrers, motions for judgment on the pleadings challenge the legal sufficiency of the allegations, not their veracity. (Donabedian v. Mercury...

Excerpt: ...e first sentence. Denied as to the rest. Nos. 5, 6, 7-46, 48, 51: Denied. 2. Defendant's Objections to Moline Nos. 1-13, 15, 17-27, 29-62: Denied. Nos. 14, 16, 28: Granted. 3. Defendant's Objections to Longo Nos. 1-5, 7, 8, 9, 12, 13, 15, 16, 23, 25-28: Denied. Nos. 6, 11, 14, 17, 18, 19, 20, 21, 22, 24: Granted. 4. Defendant's Objections to Barley Nos. 1, 2, 3, 6, 7, 9, 10, 11, 13, 14, 16, 17, 24, 25, 26, 41, 43, 45, 46, 51-55: Granted. Nos. 4, ...

Excerpt: ...lties, Inc. filed a motion to quash service of summons on the ground that this court lacks personal jurisdiction over it. On July 6, 2022, Defendant The Stephan Co. filed a motion to quash for lack of personal jurisdiction. A defendant may move to quash service of summons on the ground of lack of jurisdiction of the court over him or her. (Code Civ. Proc., § 418.10, subd. (a)(1).) The court may dismiss without prejudice the complaint in whole, o...

Excerpt: ...tation concluding that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months and satisfying the court that the interests of justice will be served by granting the preference. (Code Civ. Proc., § 36, subd. (d).) In addition, the court in its discretion may grant a motion for preference supported by a showing that satisfies the court that the interests of justice will ...

Excerpt: ...n, Farshadnia alleged a cause of action for loss of consortium. On July 5, 2022, Defendant Honeywell International, Inc. (“Defendant”) filed a demurrer to the third, fourth, and fifth causes of action for false representation, intentional torts, and loss of consortium. A. Third Cause of Action – False Representation Defendant argues Plaintiffs did not adequately allege the third cause of action for false representation under section 402-B o...

Excerpt: ...eous objection at trial. Plaintiffs' MIL No. 2 Plaintiffs seek an order excluding the caption of the complaint and references to other defendants. The court cannot exclude references to defendants who will be part of the trial. If the motion seeks to exclude reference to defendants not involved in the trial, then pursuant to the July 8, 2022 CMO, the motion is deemed made and denied without prejudice to a contemporaneous objection at trial. Plain...

Excerpt: ...d not have followed warnings because he did not follow warnings about smoking. The motion is granted as to arguments that smoking evidence is relevant to the failure to warn claims. Defendants did not show that smoking cigarettes (which are highly addictive) is similar to working with asbestos-containing products (unlikely to be highly addictive), such that the evidence has any probative value regarding whether the decedent would have followed wa...

Excerpt: ...s. Pursuant to the July 8, 2022 CMO, a motion to preclude evidence of the bankruptcy of an alleged tortfeasor not present at trial is deemed made and granted. Defendants did not show good cause to depart from this order. Therefore, the motion is granted. Plaintiffs' MIL No. 3 Plaintiffs move to preclude any mention of the contents of the complaint and for the defendants no longer present and to revise the captions of documents to be shown to the ...

Excerpt: ...of jurisdiction of the court over him or her. (Code Civ. Proc., § 418.10, subd. (a)(1).) The court may dismiss without prejudice the complaint in whole, or as to that defendant, when dismissal is made pursuant to Section 418.10. (Code Civ. Proc., § 581, subd. (h).) “A court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the United States.” (Code Civ. Proc., § 410.10.) “The ...

Excerpt: ... fourth cause of action for intentional tort because there is no evidence Defendant and Solis had any relationship giving rise to a duty to disclose facts, and the claim for punitive damages. A. Objections 1. Plaintiffs' Objections Nos. 1-3: Sustained. No. 4: Sustained. No. 5: Overruled 2. Defendant's Objections Nos. 1-8: Overruled. The objection to the request for judicial notice is overruled. The Court takes judicial notice of the OSHA regulati...

Excerpt: ...ert opinion showing that plaintiff cannot establish a claim against it” and that Plaintiffs do not possess and cannot reasonably obtain evidence to prove his causes of action. (Motion at p. 7.) A defendant seeking summary judgment must “conclusively negate[] a necessary element of the plaintiff's case, or . . . demonstrate[] that under no hypothesis is there a material issue of fact that requires the process of trial.” (Guz v. Bechtel Nat. ...

Excerpt: ...)(A), a party seeking to having a document filed under seal needs to file a motion to seal within 10 days of the notice of lodging being served. No party filed a motion to seal. Therefore, pursuant to California Rule of Court 2.551(b)(3)(B), the lodged documents are to be filed in the public file. Because the documents were lodged on paper, Plaintiff is ordered to file electronically all documents lodged in opposition to the motion for summary ju...

Excerpt: ...tates Plaintiff have not produced additional photos. If Plaintiff has produced all responsive photos in her possession, custody, or control, she is to serve a verified, code-compliant response so stating within twenty days. For example, if she has no photos of Yeomans, she is to state in the response, pursuant to Code of Civil Procedure section 2031.230, that a diligent search and a reasonably inquiry has been made and specify why she is unable t...

Excerpt: ...t, or in the alternative, summary adjudication of the fourth cause of action for intentional tort, seventh cause of action for loss of consortium, and claim for punitive damages. (Motion at p. 4.) Plaintiffs state they dismissed the state law causes of action, including the fourth cause of action. (Opposition at p. 10.) Plaintiffs filed a request for dismissal of the first through sixth causes of action against Defendant on July 5, 2022, which wa...

Excerpt: ...nded and to contest Kondor's alleged liability and amount of damages alleged by Plaintiffs. The motion is unopposed. The request for judicial notice is granted as to Exhibits A and C. Exhibit B is missing from the filed version, but is irrelevant to the court's ruling. Under California law, an insurance carrier who is not a party to an action can intervene on behalf of its insured when the insurance carrier could be subject to a subsequent action...

Excerpt: ...ng a 1968 memo and Washington Post article. Defendant argues evidence of the Navy's knowledge and negligence is relevant under California law to prove Defendant's negligence and that Defendant is entitled to prove Valdez' injury was caused by the negligence of a third party, the Navy. Plaintiff did not show there is no evidence of the Navy's knowledge. In opposing causes of action for negligence and strict liability, a defendant may assert and se...

Excerpt: ...raining, and retention of employees; (7) failure to pay wages and/or overtime; (8) violation of Business and Professions Code section 17200; and (9) constructive discharge in violation of public policy. On May 27, 2022, Defendants filed a motion to compel arbitration and stay the action pending the completion of arbitration. When seeking to compel arbitration of a plaintiff's claims, the defendant must allege the existence of an agreement to arbi...

Excerpt: ...led a demurrer and a motion to strike. DEMURRER A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.) A. First Cause of Action – Fraudulent Concealment Fraud based on concealment ...

Excerpt: ...accompanying declaration. The Court may order that a record be filed under seal only if it finds that (1) there is an overriding interest that overcomes the right of public access to the record, (2) the overriding interest supports sealing the record, (3) a substantial probability exists that the overriding interest will be prejudiced absent sealing, (4) the proposed sealing is narrowly tailored, and (5) no less restrictive means exists to achiev...

Excerpt: ...Ex. D.) On June 9, 2022, Plaintiffs filed a motion for attorney fees, costs, and expenses. Plaintiffs' Objection Nos. 1-4 are overruled. As the prevailing party, Plaintiffs are entitled to an award of reasonable attorney fees. (Civ. Code, § 1794, subd. (d).) California courts apply the “lodestar” approach to determine what fees are reasonable. (See, e.g., Holguin v. DISH Network LLC (2014) 229 Cal.App.4th 1310, 1332.) This inquiry “begins ...

Excerpt: ...edars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.) Courts also consider exhibits attached to the complaint and incorporated by reference. (See Frantz v. Blackwell (1987) 189 Cal.App.3d 91, 94.) A. First and Second Causes of Action – Breach of Contract The standard elements of a claim for breach of contract are (1) the contract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) damage to plaint...

Excerpt: ...camera regarding issues of dishonesty including items 1-16 as listed in the motion at pages 1-2. The Court will review the Vega and Miramontes personnel files regarding issues of dishonesty and use of excessive force as stated in items 1-16. Defendant argued at the initial hearing that items 1-7 listed on pages 2-3 of the motion are too broad. Item 6, which concerns previous employment or experience, is not related to dishonesty or use of excessi...

Excerpt: ...reimburse TIAA, and Dr. Shafiq breached a guaranty in connection with the Master Lease Agreement. TIAA also alleged an account stated against both defendants for the $52,420.26. On January 24, 2020, Shafiq filed a cross-complaint against Canon Medical Finance Systems USA, Inc. (“Canon”) and TIAA, alleging a declaratory relief cause of action seeking a determination about various contractual matters under the Master Lease Agreement, unjust enr...

Excerpt: ...ing interest will be prejudiced absent sealing, (4) the proposed sealing is narrowly tailored, and (5) no less restrictive means exists to achieve the overriding interest. (California Rules of Court, rule 2.550(d).) A motion seeking an order sealing records must be accompanied by a declaration containing facts sufficient to justify the sealing. (California Rules of Court, rule 2.551(b)(1).) A. Exhibit in Opposition to MIL No. 6 On April 7, 2022, ...

Excerpt: ...anted Plaintiff's motion to set aside the dismissal. On March 11, 2021, Defendant filed an answer and cross-complaint. At the March 9, 2021 case management conference, the Court scheduled a jury trial for March 28, 2022. On March 11, 2022, the Court continued the trial to August 22, 2022. On May 25, 2022, the Court granted Defendant's motion for judgment on the pleadings with 10 days' leave to amend. The Court also continued the trial to October ...

Excerpt: ...d Defendant had engaged in unfair business practices by retaining, collecting, and demanding illegal rent in violation of LARSO, and Plaintiff sought restitution of all illegally collected and retained rents, adjustment of future rents, injunctive relief, and attorney fees. On February 23 and 2024, 2022, the Court tried the section 17200 cause of action first in a bench trial. After post-trial briefing, the Court issued a tentative decision and p...

Excerpt: ... when water leaked from Unit 1004 to Unit 904. The complaint also alleges that Davidoff breached the lease with Plaintiffs by failing to timely make appropriate repairs after the leak. On April 11, 2022, Wilshire Manning filed a first amended cross-complaint (“FACC”) against Dacarett-Char and Davidoff, alleging breach of contract, express indemnity, implied indemnity, comparative contribution, total equitable indemnity, and declaratory relief...

Excerpt: ...y of Judgment stating they had settled their dispute and agreed that Zubaid and Sanittek would make payments and that if they failed to make the payments, a judgment would be entered against them. On May 5, 2022, Plaintiff filed the Stipulation for Entry of Judgment and a proposed judgment against Zubaid and Sanittek, stating those two defendants had failed to make the agreed-upon payments. Plaintiff requested the judgment be entered against them...

Excerpt: ...ful misconduct, and (5) wrongful death. On May 26, 2022, Plaintiffs filed a motion for an order to conduct pretrial discovery of the financial condition and net worth of Defendants Genesis Healthcare, Inc. (“Genesis Inc.”), Summit Care, LLC (“Summit”), Montebello Care Center, LLC dba Montebello Care Center (“Montebello LLC”), and Genesis Administrative Services LLC (“Genesis LLC”) (collectively, “Defendants”). Plaintiffs' obje...

Excerpt: ...tered a judgment of dismissal on February 14, 2022. On April 13, 2022, Defendant filed a motion for attorney fees. The Court continued the original May 13, 2022 hearing so Plaintiff could file an opposition. A. Availability of Attorney Fees Defendant seeks attorney fees of $13,450 pursuant to contact, plus $60 in filing fees for the motion. Attorney fees are recoverable only when authorized by contract or law. (Code Civ. Proc., § 1033.5, subd. (...

Excerpt: ...e truth of the contents of the documents. EVIDENTIARY OBJECTIONS A. Defendant's Objections to the Declaration of Brad Avrit Nos. 1-11: Overruled. Avrit's qualifications are based on his status as a licensed civil engineer with extensive experience in consulting and accident investigation and reconstruction. (Avrit Decl. ¶¶ 2-3.) Defendants did not show that a contractor's license is required to form the opinions he expressed. (See Reply at p. 5...

Excerpt: ...position. The Court granted the ex parte application and continued the jury trial to September 26, 2022. On April 28, 2022, Strada filed this motion for leave to file a first amended cross-complaint (“FACC”). The Court may, in its discretion and after notice to the adverse party, allow an amendment to any pleading. (Code Civ. Proc., § 473, subd. (a)(1).) A motion to amend a pleading must include a copy of the proposed amendment or amended pl...

Excerpt: ... party, Plaintiff is entitled to an award of reasonable attorney fees. (Civ. Code, § 1794, subd. (d).) California courts apply the “lodestar” approach to determine what fees are reasonable. (See, e.g., Holguin v. DISH Network LLC (2014) 229 Cal.App.4th 1310, 1332.) This inquiry “begins with the ‘lodestar,' i.e., the number of hours reasonably expended multiplied by the reasonable hourly rate.” (PLCM Group v. Drexler (2000) 22 Cal.4th 1...

Excerpt: ...11, 2022. Borzina's counsel, who also represents Plaintiffs, did not provide available dates for the deposition, so Defendant moved to compel the deposition. Defendant argues that Borzina's counsel agreed to provide a deposition date but never did. Defendant contends Borzina has relevant information because Plaintiffs rented a house from her and made a claim for property damage while they were renting the house, and they were still renting the ho...

Excerpt: ...nses with objections. On May 16, 2022, Plaintiff filed three motions to compel further responses to the first set of requests for production, second set of requests for production and second set of special interrogatories. The Court rules as follows: First Set of Requests for Production No. 23: Denied. This request seeks all accounting records related to Defendant including all bank statements, general ledgers, P&L statements, tax returns, and pa...

Excerpt: ...�); (2) pregnancy discrimination, interference with leave, and retaliation in violation of FEHA; (3) disability discrimination in violation of FEHA; (4) failure to accommodate and engage in a good faith interactive process in violation of FEHA; (5) hostile work environment in violation of FEHA; (6) retaliation; (7) failure to prevent discrimination, harassment, and retaliation; (8) retaliation and interference/violation of kin care; (9) interfere...

Excerpt: ...act, (8) negligence, (9) declaratory relief re: duty to defend, (10) declaratory relief re: duty to indemnify, and (11) declaratory relief re: contractual duties and obligations. On May 18, 2022, Cross-Defendant filed an answer and a combined demurrer and motion to strike. Code of Civil Procedure sections 430.41, subdivision (a) and 435.5, subdivision (a) require the demurring party to meet and confer in person or on the phone with the party who ...

Excerpt: ...able accommodations, (5) retaliation in violation of FEHA, (6) age discrimination, (7) wrongful termination in violation of public policy, and (8) intentional infliction of emotional distress. On May 2, 2022, Home Depot USA Inc. (“Defendant”) moved to transfer venue to San Bernardino County. Defendant's request for judicial notice of the complaint and filings in Rosa Jensen et al. v. Home Depot U.S.A., Inc. et al., Case No. BC577638 (RJN, Exs...

Excerpt: ...tion and stay the action pending completion of arbitration. Defendants' request for judicial notice of the Complaint is granted. DISCUSSION When seeking to compel arbitration of a plaintiff's claims, the defendant must allege the existence of an agreement to arbitrate. (Condee v. Longwood Management Corp. (2001) 88 Cal.App.4th 215, 219 (Condee).) The burden then shifts to the plaintiff to prove the falsity of the agreement. (Ibid.) After the Cour...

Excerpt: ...filing fees. A. Documents Gamble and Sullivan argue the subpoenas and motion are defective because Plaintiff failed to file a separate statement. Plaintiff responds that no separate statement is required to compel a deposition. However, a separate statement is required to move to compel further responses to requests for documents and for the production of documents. Because Plaintiff did not file a separate statement with her motion, the motion t...

Excerpt: ...es the 2017 claim is relevant because it shows motive, opportunity, intent, plan, and knowledge. Defendants say the prior claim shows Plaintiffs know about how to make insurance claims and how to fraudulently obtain insurance benefits. The motion is GRANTED. The 2017 claim is not the subject of this lawsuit, and Defendant did not submit evidence the 2017 claim was determined to be fraudulent in any other lawsuit. Defendant's arguments that the 20...

Excerpt: ...e complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.) Defendants demur to the first cause of action for elder abuse. To plead elder abuse, the plaintiff must allege “facts establishing that the defendant: (1) had responsib...

Excerpt: ...vice of summons based on lack of personal jurisdiction. LEGAL STANDARD “A court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the United States.” (Code Civ. Proc., § 410.10.) “The Due Process Clause protects an individual's liberty interest in not being subject to the binding judgments of a forum with which he has established no meaningful ‘contacts, ties, or relations.'�...

Excerpt: ...ven Bray (collectively, “Cross-Defendants”). On April 22, 2022, Silver Star filed a motion to stay the case pending arbitration. Silver Star's request for judicial notice of the cross-complaint is granted. Amanda and Nicolas Ruch argue the motion requests only a stay and does not seek to compel arbitration. (Opposition at p. 3.) The notice of motion states Silver Star moves for “an order, pursuant to Code of Civil Procedure §§ §§ 1281.2...

Excerpt: ...onferred further. Plaintiff served supplemental responses. Defendant was not satisfied with the responses and on April 8, 2022 filed two motions to compel further responses to the document requests and special interrogatories. Both motions will be heard on June 2, 2022. Plaintiff argues Defendant did not meet and confer after Plaintiff filed supplemental responses. The parties have extensively met and conferred on the discovery. The discovery was...

Excerpt: ...osition. The Court granted the ex parte application and continued the jury trial to September 26, 2022. On April 28, 2022, Strada filed this motion for leave to file a first amended cross-complaint (“FACC”). The Court may, in its discretion and after notice to the adverse party, allow an amendment to any pleading. (Code Civ. Proc., § 473, subd. (a)(1).) A motion to amend a pleading must include a copy of the proposed amendment or amended ple...

Excerpt: ...t demurrer to the fourth and fifth causes of action. Defendants also moved to strike the third, fourth, and fifth causes of action. On October 28, 2021, the Court sustained the demurrer to the first and second causes of action without leave to amend and overruled it as to the third cause of action. The Court also sustained the demurrer for abatement. The Court denied the motion to strike. The Court also granted Plaintiffs' motion to amend the amo...

Excerpt: ...o the hearing date because Cross-Defendant noticed a hearing date that was 143 days later than mandated by statute. (Opposition at pp. 2, 11.) An anti- SLAPP motion “shall be scheduled by the clerk of the court for a hearing not more than 30 days after the service of the motion unless the docket conditions of the court require a later hearing.” (Code Civ. Proc., § 425.16, subd. (f), emphasis added.) Section 425.16, subdivision (f) “does no...

Excerpt: ...tial probability exists that the overriding interest will be prejudiced absent sealing, (4) the proposed sealing is narrowly tailored, and (5) no less restrictive means exists to achieve the overriding interest. (California Rules of Court, rule 2.550(d).) A motion seeking an order sealing records must be accompanied by a declaration containing facts sufficient to justify the sealing. (California Rules of Court, rule 2.551(b)(1).) A. Plaintiff's M...

Excerpt: ...the Court granted the petition and ordered the DLSE proceeding stayed as to Seviinth Wave and Nguyen. The DLSE proceeding against Marjorie DeHey was not stayed because she was not a party in Case No. 20STCP01281, and the petition was not brought on her behalf. The parties mediated VanLandingham's claims on April 7, 2021, and VanLandingham filed a demand for arbitration with the American Arbitration Association on April 22, 2021. On November 2, 20...

Excerpt: ...irst also filed a joint motion to strike. On March 1 and 10, 2021, Plaintiff filed three motions for leave to conduct discovery to oppose the anti-SLAPP motions, which the Court granted in part. The Court heard argument on the anti-SLAPP motions on October 7, 2021 and October 19, 2021. After taking the matter under submission, the Court issued a ruling on November 29, 2021 granting Ross's and Artists First's motion in part and granting ABCS's, Ba...

Excerpt: ...Sonya Howard filed this action against Defendants The Discovery House, LLC (“Discovery House”) and McKay Whiting (jointly, “Defendants”). On September 22, 2021, the Court issued an order sustaining Defendants' demurrer to the original Complaint, with leave to amend. On November 1, 2021, Plaintiff filed a “First Amendment to Complaint” (“FAC”) against Defendants. Defendants now demur to the FAC on the basis that it fails to state f...

Excerpt: ...fraud: intentional misrepresentation, (4) negligent misrepresentation, (5) negligence (all Defendants), (6) negligence (Lee), (7) negligence (Restoration Unlimited Group, Inc.), and (8) contribution. On May 3, 2022, Plaintiff filed this motion for leave to file a second amended complaint (“SAC”). No party filed an opposition. The Court may, in its discretion and after notice to the adverse party, allow an amendment to any pleading. (Code Civ....

Excerpt: ...alnut Mobile Home Park, Ltd. (“Defendant”), asserting causes of action for (1) trespass to land, (2) negligence, and (3) injunctive relief. Plaintiff alleges that on April 24, 2018, he bought a home located at 9042-9044 Painter Ave in Whittier California, (Compl., ¶ 7.) Defendant owns a mobile home park located at 9022-9032 Painter Ave in Whittier. (Compl., ¶ 8.) Defendant's property is located adjacent to Plaintiff's property and both shar...

Excerpt: ... Defendants Dayan Property Services, LLC, Fortuna Asset Management Inc., 2222 South Figueroa, LLC, Farhad Abolfathi, and Daryoush Dayan (collectively, “Defendants”). Defendants now move for an order permitting Defendants to take the mental examination of Plaintiff. Plaintiff opposes. Discussion “Any party may obtain discovery … by means of a physical or mental examination of (1) a party to the action, (2) an agent of any party, or (3) a n...

Excerpt: ...f Exhibit C to the Declaration of Theresa Barta filed in support of Plaintiff's MIL No. 5. The Court may order that a record be filed under seal only if it finds that (1) there is an overriding interest that overcomes the right of public access to the record, (2) the overriding interest supports sealing the record, (3) a substantial probability exists that the overriding interest will be prejudiced absent sealing, (4) the proposed sealing is narr...

Excerpt: ...enforce his settlement agreement with Defendant, stating he had not received the check. According to Defendant's counsel, “[d]ue to unforeseen circumstances, the check was delayed in processing,” and Defendant did not send the check until May 4, 2022. (David Decl. ¶¶ 6-7.) In reply, Plaintiff confirms receipt of the check (Goldsmith Reply Decl. ¶ 6), but he still seeks his $3,691.65 in attorney fees in bringing the motion. The settlement a...

Excerpt: ...al. On March 11, 2021, Defendant filed an answer and cross-complaint. At the March 9, 2021 case management conference, the Court scheduled a jury trial for March 28, 2022. On March 11, 2022, the Court continued the trial to August 22, 2022. On March 24, 2022, Defendant filed a motion for judgment on the pleadings. On May 9, 2022, the Court denied Plaintiff's ex parte application for an order striking the motion for judgment on the pleadings, stat...

Excerpt: ... took Defendant's motion to vacate Plaintiff's renewal of the judgment off calendar, finding that he lacked standing because he was in default. Defendant appealed. On January 5, 2022, the Court of Appeal concluded that the trial court erred in finding that Defendant could not challenge the renewal, but it found no prejudice to Defendant and affirmed. The Court of Appeal awarded Plaintiff/Respondent its costs. Remittitur issued on March 10, 2022. ...

Excerpt: ...lure to engage in the interactive process in violation of FEHA; (6) failure to prevent discrimination, harassment, and retaliation in violation of FEHA; (7) negligent hiring, supervision, and retention; (8) wrongful termination of employment in violation of public policy; (9) violation of Labor Code section 1102.5; (10) violation of Labor Code section 232.5; and (11) intentional infliction of emotional distress. On April 25, 2022, Defendant filed...

Excerpt: ...on 2924, (2) wrongful foreclosure, (3) unfair business practices, and (4) cancellation of written instruments. On April 1, 2022, Select Portfolio Servicing, Inc. (“Defendant”) filed a demurrer and motion to strike. Defendant's request for judicial notice is granted. DEMURRER When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Ca...

Excerpt: ...,729.22 will be paid for costs, and $3,850.00 will be paid to a Settlement Administrator, resulting in a Net Settlement Amount of $79,420.78. Of the Net Settlement Amount, $59,565.59 (75%) will be paid to the Labor and Workforce Development Agency (“LWDA”) and $19,855.19 (25%) will paid to the aggrieved employees on a pro rata basis, based on the number of pay periods each employee worked for Defendant during the covered period. A court must ...

Excerpt: ... that it is barred by the economic loss rule. (Demurrer at p. 10.) Under the economic loss rule, “[w]here a purchaser's expectations in a sale are frustrated because the product he bought is not working properly, his remedy is said to be in contract alone, for he has suffered only ‘economic' losses.” (Robinson Helicopter Co., Inc. v. Dana Corp. (2004) 34 Cal.4th 979, 988, quotation marks omitted.) However, tort damages may be permitted when...

Excerpt: ... 2847, and (6) fraud. On April 14, 2022, Defendants Daniel Bobroff and Pro Concepts, LLC (“Defendants”) filed a demurrer and motion to strike. DEMURRER Defendants demur to the first, third, fifth, and sixth causes of action. When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.) Courts also consider exhibit...

Excerpt: ...tiff filed this motion to amend the application. Plaintiff explains the MC-025 Notice of Attachment was mistakenly omitted by filing it as a separate document instead of as part of the application. (Taylor Decl. ¶ 4.) Plaintiff provides a proposed EJ-190 Application that includes the MC-025 Notice of Attachment. (Taylor Decl., Ex B.) Defendants' opposition does not address the proposed amendment. Instead, Defendants oppose the motion on the grou...

Excerpt: ...urt set an Order to Show Cause re dismissal of the case pursuant to the settlement for April 29, 2022. Instead of dismissing the case, on March 29, 2022, Plaintiff filed a motion to enforce the settlement and appoint an elisor. Plaintiff's request for judicial notice is granted. Courts may enter judgments pursuant to written settlements signed by the parties. (Elyaoudayan v. Hoffman (2003) 104 Cal.App.4th 1421, 1428; Code Civ. Proc., § 664.6.) S...

Excerpt: ...violate his right to privacy and reveal irrelevant information about his business affairs and the affairs of businesses that are not part of this lawsuit. Plaintiff argues the documents are not private personal or financial records because they were filed with the Contractors State License Board and are relevant to whether Defendant misrepresented the licensing status of his company that was hired to do the work at issue here. “The state Consti...

Excerpt: ...ion is DENIED. Plaintiff did not show it is entitled to an order excluding these witnesses, which would in effect be a discovery sanction. However, Plaintiff may depose these three witnesses within the next 20 days. Plaintiff's MIL No. 4 Plaintiff moves to exclude Exhibits 595 and 596, evidence of other lawsuits involving Plaintiff and Defendant, and evidence about various health care industry issues as irrelevant and prejudicial. Exhibits 595 an...

Excerpt: ...tial probability exists that the overriding interest will be prejudiced absent sealing, (4) the proposed sealing is narrowly tailored, and (5) no less restrictive means exists to achieve the overriding interest. (California Rules of Court, rule 2.550(d).) A motion seeking an order sealing records must be accompanied by a declaration containing facts sufficient to justify the sealing. (California Rules of Court, rule 2.551(b)(1).) A. Defendant's M...

Excerpt: ... judgment of dismissal on February 14, 2022. On April 13, 2022, Defendant filed a motion for attorney fees. Plaintiff did not file an opposition. Defendant seeks attorney fees of $13,450 pursuant to contact, plus $60 in filing fees for the motion. Attorney fees are recoverable only when authorized by contract or law. (Code Civ. Proc., § 1033.5, subd. (a)(10).) A prevailing party may recover reasonable attorney fees in any action on a contract wh...

Excerpt: ...on, we refer to them by their first names and intend no disrespect.” (Cruz v. Superior Court (2004) 120 Cal.App.4th 175, 188, fn. 13.) The complaint alleges (1) breach of contract, (2) breach of the covenant of good faith and fair dealing, (3) fraud and misrepresentation, (4) negligent misrepresentation, (5) professional negligence and legal malpractice, (6) breach of fiduciary duty, (7) elder abuse, (8) wrongful death, (9) conversion, (10) unf...

Excerpt: ...ez. On April 14, 2022, Plaintiff filed a motion to enforce the settlement. Plaintiff seeks a judgment of $100,000, plus $2,400 in attorney fees and costs incurred for the motion. Defendants did not file an opposition. Courts may enter judgments pursuant to written settlements signed by the parties. (Elyaoudayan v. Hoffman (2003) 104 Cal.App.4th 1421, 1428; Code Civ. Proc., § 664.6.) Strict compliance with the statutory requirements is necessary ...

Excerpt: ...) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.) Defendant demurs to the third cause of action, which alleges Defendant committed fraud by failing to disclose that the transmission was defective and promising the vehicle would conform to applicable warranties. (FAC ¶¶ 110-11...

Excerpt: ...) failure to pay accurate itemized wage statements in violation of the Labor Code; (4) waiting time penalties under the Labor Code; (5) unfair business practices; (6) retaliation in violation of the Labor Code; (7) wrongful discharge in violation of public policy; (8) intentional infliction of emotional distress (“IIED”); (9) defamation; and (10) violations of the Private Attorneys General Act. On November 12, 2021, Cal Fit 1 and Morlan (coll...

Excerpt: ...also vacated the default judgment, but not the entry of default, against JSB Insurance and JSB Holdings LLC. The Court did not vacate the entry of default against the business entities because they had no attorney and James S. Bekhor could not represent them or move to have the entry of default against them vacated. On October 20, 2021, Plaintiffs WC Insurance Agency LLC, Omni Safe Insurance Agency LLC, and Joshua Sawicki (collectively, “Plaint...

Excerpt: ... July 9, 2021, he filed an amended cross-complaint (“FACC”). The FACC alleged (1) breach of fiduciary duty; (2) constructive fraud; (3) money had and received; (4) accounting; (5) negligence; (6) intentional misrepresentation; (7) negligent misrepresentation; (8) unfair business practices; (9) comparative equitable indemnity; (10) contribution; (11) unjust enrichment; and (12) promissory estoppel. On October 13, 2021, the Court sustained, wit...

Excerpt: ... cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.) A special demurrer for uncertainty under Code of Civil Procedure section 430.10, subdivision (f) is disfavored and will only be sustained where the pleading is so bad that defendant or plain...

Excerpt: ...iled motions to compel arbitration and stay the action pending completion of arbitration. In their opposition, Plaintiffs request a continuance to allow discovery, noting that they sought information on any assignment of the RISC, facts upon which FCA contends it is a third-party beneficiary, the relationship between FCA and the selling dealership to support a proven close relationship, any agency relationship between FCA and the selling dealersh...

Excerpt: ...viduals share a last name. For clarity, convenience, and in order to avoid confusion, we refer to them by their first names and intend no disrespect.” (Cruz v. Superior Court (2004) 120 Cal.App.4th 175, 188, fn. 13.) On August 26, 2020, AG and Jonathan (collectively, “Cross-Complainants”) filed a cross-complaint against Blue Line Plumbing Inc., Secure Sheet Metal Inc., H&R Construction and Surfacing Inc., and Roe defendants, seeking indemni...

Excerpt: ...ers of day-to-day trial logistics and common professional courtesy should not be the subject of motions in limine.” (Kelly v. New West Federal Savings (1996) 49 Cal.App.4th 659, 671.) Counsel should think twice about filing these types of improper motions in limine as they do not advance the client's claims, defenses, or trial strategy, and they waste judicial resources. The parties failed to discuss the subject matter of all of the motions as ...

Excerpt: ...and expenses. Defendant did not file an opposition As the prevailing party, Plaintiff is entitled to an award of reasonable attorney fees. (Civ. Code, § 1794, subd. (d).) California courts apply the “lodestar” approach to determine what fees are reasonable. (See, e.g., Holguin v. DISH Network LLC (2014) 229 Cal.App.4th 1310, 1332.) This inquiry “begins with the ‘lodestar,' i.e., the number of hours reasonably expended multiplied by the r...

Excerpt: ...ithout leave to amend and overruled the demurrer to the third cause of action. The Court also sustained the demurrer for abatement and stayed the action pending the appeal in the unlawful detainer case. On October 29, 2021, Plaintiff filed a third amended complaint (“TAC”), again alleging (1) breach of contract, (2) holdover damages, (3) trespass, (4) common counts, and (5) quasi contract. On January 28, 2022, the Court lifted the stay. Osmon...

Excerpt: ...enant of quiet enjoyment; (6) retaliatory eviction; (7) reckless misconduct; and (8) conversion. On September 28, 2021, Plaintiff dismissed the second and fourth causes of action, as well as his “non-statutory claims” for punitive damages. On December 8, 2021, Plaintiff filed this motion for summary judgment, or in the alternative, summary adjudication. Defendants did not file any oppositions. At the March 8, 2022 hearing, Plaintiff did not a...

Excerpt: ...021, Defendant filed a motion for summary adjudication of the second, third, and fourth causes of action as to certain patients. On March 21, 2022, the Court granted summary adjudication of the second cause of action as to four patients and on third and fourth causes of action as to Patient T.C. On April 4, 2022, Plaintiff filed a motion for reconsideration and motion for leave to amend. Plaintiff seeks reconsideration of the Court's grant of sum...

Excerpt: ...aim); (4) accounting (individual claim); (5) fraudulent concealment (derivative claim); (6) fraudulent concealment (individual claim); (7) intentional misrepresentation (derivative claim); and (8) intentional misrepresentation (individual claim). On April 4, 2022, Defendants filed a motion to dismiss or, in the alternative, stay all proceedings based on a forum selection clause. “In California, the procedure for enforcing a forum selection clau...

Excerpt: ...s are overbroad and invade his privacy because they seek nine to ten years of his bank records including for many years after he no longer worked as a construction manager for defendant Daniel Chiu during the period of 2009 to 2014. Defendant states Plaintiff already subpoenaed the bank records for his company Winston Construction Services, Inc. Plaintiffs argue Defendant took most of their money invested in the construction project, cannot accou...

Excerpt: ...granted Defendant's motion for summary judgment, and on November 18, 2021, the Court entered judgment in favor of Defendant. On December 3, 2021, Defendant filed a memorandum of costs, seeking $68,695.44 in costs. On January 21, 2022, Plaintiffs filed a motion to tax costs. “A ‘verified memorandum of costs is prima facie evidence of the propriety' of the items listed on it, and the burden is on the party challenging these costs to demonstrate...

Excerpt: ...ss practices, and (4) negligent misrepresentation. On February 8, 2022, Defendants filed a motion for summary judgment, or in the alternative, summary adjudication. EVIDENTIARY OBJECTIONS Defendants' objection to Plaintiff's Exhibit O is granted. Although this exhibit was marked for identification and referenced in Daniel Jaeger's deposition, he testified that he believed the notes belong to Sarah Peterson, not him. (Jaeger Depo at pp. 147-148.) ...

Excerpt: ..., Plaintiffs filed a motion for attorney fees, costs, and expenses. Plaintiffs' request for judicial notice is denied, as attorney fees orders in other cases are not relevant. Defendant's Objection Nos. 1-5 are overruled. Defendant's Objection Nos. 6-30 are sustained as irrelevant. Plaintiff's Objection Nos. 1-4 are sustained as irrelevant. Plaintiff's Objection Nos. 8-9 (except Exhibit E) are sustained as improper argument. Plaintiff's Objection...

Excerpt: ...t, and Woodlawn Holdings LLC. The Court entered default against Mirada Park LLC and Plainfield Pass LLC. Defendants Steven Brown, Astrid Montgomery, Stuart Manashil, and Steven Schneider (“Defendants”) now seek dismissal of this case for failure to bring it to trial within five years. Plaintiff's request for judicial notice is granted. At a July 26, 2017 case management conference, the Court stayed discovery due to pending criminal proceeding...