Excerpt: ... to Jason Dodo, Nicolas Bobroff, Sherebourne Properties Inc., Ebson International Inc., and Metropolis Beauty LLC without leave to amend. The Court sustained the demurrer as to Daniel Bobroff and Pro Concepts LLC with leave to amend. The Court entered judgment in favor of Jason Dodo and Metropolis Beauty LLC (collectively, “Defendants”) on January 12, 2022. On March 9, 2022, Defendants filed a motion for attorney fees. A. Availability of Atto...

Excerpt: ...espect.” (Cruz v. Superior Court (2004) 120 Cal.App.4th 175, 188, fn. 13.) On March 24, 2022, Defendants filed a demurrer and motion to strike. Defendants' request for judicial notice is granted. FACTUAL BACKGROUND The complaint in this action alleges that after several lawsuits with a third party, Defendants were allowed to purchase the property at 5527 West 64th Street, Los Angeles, California in 2005. (Complaint ¶¶ 4, 25.) Plaintiffs' mate...

Excerpt: ...ontract; (2) breach of the covenant of quiet enjoyment; (3) breach of statutory warranty of habitability; (4) negligence; (5) private nuisance; (6) violation of Civil Code section 1942.4; (7) fraud; (8) unfair business practices; (9) intentional infliction of emotional distress (“IIED”); (10) retaliation; and (11) wrongful eviction. On March 28, 2022, Defendants filed a demurrer and motion to strike. On April 12, 2022, the Court ordered the p...

Excerpt: ...r attorney fees, costs, and expenses. The objections 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 with the ‘lodestar,' i.e., the number of hours reasonably expended ...

Excerpt: ...money had and received. On February 28, 2022, Cross-Defendant filed 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 special demur...

Excerpt: ...onsidering 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 second cause of action for harassment in violation of the Fair Employment and Housing Act (“FEHA”), the only cause of action asserted against him. To establish a claim for harassment, a plaintiff must demonstrate that: (1) he is a memb...

Excerpt: ...his case “and “not for any business or other purpose whatsoever.” By this motion, Kevin Moda seeks permission to use all the documents produced under the protective order in this case in two other case, one involving his prior attorneys and one where Moda is suing because he was hit by an Uber driver. Moda states he needs the documents to prove his prior attorneys did not adequately litigate this case and to prove his loss of earnings in th...

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: ... On November 29, 2021, Plaintiff filed a second amended complaint (“SAC”) and dismissed Vinson as a defendant with prejudice. The SAC alleges (1) negligence, (2) breach of contract, and (3) bad faith and breach of the covenant of good faith and fair dealing. On December 28, 2021, Defendant filed a demurrer and motion to strike. REQUEST FOR JUDICIAL NOTICE Defendant requests that the Court take judicial notice of the Court's October 1, 2021 Or...

Excerpt: ...ased all claims for any type of damages for the August 19, 2019 incident at issue in this litigation. In its October 4, 2021 order, the Court ordered the parties to be prepared at the next Final Status Conference to discuss whether the facts concerning the workers' compensation release are undisputed and whether the effect of the release is an issue to be decided by the Court or jury. On October 15, 2021, Defendant filed a supplemental brief argu...

Excerpt: ...ts at issue. As an initial matter, Plaintiff should have filed fourteen motions – one regarding the PMK deposition notice and one for each of the thirteen subpoenas. Therefore Plaintiff is ordered to pay thirteen additional filing fees. Plaintiff argues that the medical records for the patients at issue in this lawsuit are irrelevant and not admissible at trial. As discussed below in connection with the MIL re Patient Records, that is not readi...

Excerpt: ...) as to the second cause of action for race harassment in violation of the Fair Employment and Housing Act (“FEHA”). Defendants filed this motion for attorney fees and costs on January 28, 2022. A. Evidentiary Objections Plaintiff's Objection Nos. 1-21 are overruled. Defendants objections are overruled as the Court did not rely on the evidence. B. Availability of Attorney Fees As the prevailing party on an anti-SLAPP motion, Defendants are en...

Excerpt: ...for judicial notice in part. In doing so, the Court takes judicial notice of only Plaintiff's declaration to the extent the statements are inconsistent with the FAC. (See Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604-605 [“The court will take judicial notice of records such as . . . affidavits, and the like, when considering a demurrer, only where they contain statements of the plaintiff or his agent which are inc...

Excerpt: ...Court entered default against EvMo, Inc., and on January 19, 2022, the Court entered default against Rami El-Batrawi. On February 18, 2022, Defendants filed a motion to vacate entry of default and default judgment. The Court may relieve a party or counsel from a judgment resulting from mistake, inadvertence, surprise, or excusable neglect. (Code Civ. Proc., § 473, subd. (b).) The application for relief must be made within a reasonable time, not ...

Excerpt: ... Plaintiff asserts that the consent judgment is fair and reasonable to the parties, is in the interest of and provides a benefit to the general public, has been submitted for review to the Office of the Attorney General of California, and fully complies with the statutory and regulatory requirements of Proposition 65. Additionally, Plaintiff served this motion on the Attorney General, who has not objected. (Motion at p. 6; Greenbaum Decl. ¶ 30.)...

Excerpt: ... a cross-complaint against T Engineering Group, Inc. (“TEG”) and others, alleging among other things equitable indemnity, contribution, and implied indemnity against TEG. On October 27, 2021, Victrola 89 LLC filed a motion for leave to amend its FAC, which is scheduled for hearing on April 21, 2022. On February 24, 2022, TEG filed a demurrer to the second and third causes of action for equitable indemnity, contribution and implied indemnity, ...

Excerpt: ...County, Illinois (“Illinois Action”). (Sharp Decl. ¶¶ 2-3.) The parties entered into a settlement agreement, and the court entered the Agreed Settlement Order on July 21, 2020, dismissing the action without prejudice and with leave to reinstate. (Id. at ¶ 4.) About a year later, Defendants breached the settlement agreement. On June 29, 2021, Plaintiff filed a motion to reinstate the Illinois Action. (Id. at ¶ 5.) On July 14, 2021, the Ill...

Excerpt: ... used OB's funds for his personal gain and had not properly maintained OB's accounts, which left only the direct causes of action. On February 17, 2017, Plaintiff Daniel Meyerov filed Case No. BC651099 alleging derivative causes of action on behalf of OB against Defendants Mark Friedman, Trident, David Friedman, and Werner Clark. The Court related the two cases and tried them together in a bench trial starting on February 17, 2021. The Court neve...

Excerpt: ... against Isaias Cervantes. On January 14, 2022, the Court granted Isaias Cervantes's ex parte application to lift the stay after the charges were dismissed. On February 3, 2022, Plaintiffs filed a first amended complaint (“FAC”). The FAC alleges (1) battery; (2) assault; (3) negligence; (4) false arrest/false imprisonment; (5) violation of the Bane Act; (6) violation of the Ralph Civil Rights Act; (7) intentional infliction of emotional distr...

Excerpt: ...tion for summary adjudication of the second, third, and fourth causes of action as to certain patients. On January 19, 2022, the Court granted Defendant's motion to seal its Exhibits 21-34 in support of the motion for summary adjudication. PROCEDURAL CONSIDERATIONS In connection with its opposition to Defendant's motion, Plaintiff filed an appendix of exhibits. Plaintiff's Exhibits D, H, K-N, Q, and Exhibit 4 to Exhibit R are not included in the ...

Excerpt: ...Civil Rights Act. On February 3, 2022 Plaintiffs dismissed the FAC as to Shamsi Tavakoli because she has died. On February 14, 2022, Defendants filed a demurrer and motion to strike. DEMURRER Defendants demur to the entire FAC on the grounds that Harouni lacks standing and did not suffer any discrimination. A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When consid...

Excerpt: ...intiff's Objections to the Declaration of Amanda Omahen Nos. 1, 2: Overruled. Nos. 3-6: Sustained. See discussion below. B. Defendants' Objections to the Declaration of Brad P. Avrit Nos. 1-12: Sustained. BACKGROUND FACTS Bevin West LLC hired Grandesign to fabricate and install a promotional display. (Undisputed Material Facts “UMF” 5.) Grandesign obtained a license from H&H, the property owner, for purposes of showing the display. (UMF 6.) G...

Excerpt: ...prejudicial than probative. That other employees complained about Plaintiff watching pornography has little if any relevance to the issue of the alleged fight and is prejudicial. The motion is GRANTED. Plaintiff's MIL No. 2 Plaintiff seeks to exclude evidence not produced in discovery. Plaintiff does not identify any specific evidence. Therefore, this motion is too vague and is DENIED. Plaintiff's MIL No. 3 Plaintiff seeks issue sanctions or an a...

Excerpt: ... material facts. That is not the proper place for objections or argument. “[I]nterposing objections into the separate statement defeats the goal of allowing the trial court to quickly and efficiently determine what particular piece of evidence is admitted and what is not.” (Hodjat v. State Farm Mutual Automobile Ins. Co. (2012) 211 Cal.App.4th 1, 9.) FACTUAL BACKGROUND On March 25, 2018, Plaintiff presented to Exer Urgent Care with complaints...

Excerpt: ...f that expert. Notice of this motion shall also be given to the expert. (Code Civ. Proc., § 2034.470, subd. (a).) A motion to set expert compensation shall be accompanied by a meet and confer declaration and either the party or the expert shall provide the other with all of the following: (1) proof of the ordinary and customary fee actually charged and received by that expert for similar services outside the subject litigation; (2) the total num...

Excerpt: ...mpany (“Hanover”); George Knopfler; and Hamrick & Evans, LLP. Plaintiffs alleges that Massachusetts Bay Insurance Company and Hanover breached the implied covenant, and George Knopfler and Hamrick & Evans, LLP committed legal malpractice. On September 9, 2021, the Court granted Hanover's motion for summary judgment and denied Massachusetts Bay's motion for summary judgment. On November 10, 2021, the parties stipulated to a fourth amended comp...

Excerpt: ...peal denied on February 24, 2022. On February 4, 2022, Defendant filed a motion to hold Plaintiff in contempt and for sanctions based on Plaintiff failing to comply with the November 3, 2021 order. Defendant sought an order of contempt, an order enforcing the November 3, 2021 order, and monetary sanctions. Defendant contended Plaintiff did not produce the documents responsive to request Nos. 42, 43, 45, and 46 but instead required defense counsel...

Excerpt: ...nant 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. FACTUAL BACKGROUND In July 2014, Plaintiff and Rof...

Excerpt: ... 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.) The burden then shifts to the plaintiff to prove the falsity of the agreement. (Ibid.) After the Court determines that an agreement to arbitrate exists, it then considers objections to its enforceability. (Ibid.) The Court must grant a petition to compel arbitra...

Excerpt: ...ndant demurs to the fourth, sixth, and seventh causes of action. 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. Fourth Cause of Action – Negligent Infliction of Emotiona...

Excerpt: ...and (6) fraud. On February 1, 2022, Defendants filed a demurrer and motion to strike. MOTION TO STRIKE The Court may, upon a motion or at any time in its discretion: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court. (Code Civ. Proc., § 436, subds. (a)-(b).) Defend...

Excerpt: ....) 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.) The fourth cause of action alleges violation of Business and Professions Code section 17200. California's Unfair Competition Law (“UCL”) includes any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleadin...

Excerpt: ...021 case management conference, the Court deemed this filing as the second amended complaint (“SAC”). The SAC alleges (1) failure to withhold state, federal, Medicare, and Social Security taxes; (2) unfair treatment at the workplace; and (3) fraud and misrepresentation. On August 24, 2021, the Court sustained Defendant's demurrer to the second and third causes of action, and overruled the demurrer to the first cause of action. On December 27,...

Excerpt: ...iffs filed a motion for attorney fees, costs, and expenses. 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 with the ‘lodestar,' i.e., the number of hours reasonably expended multipli...

Excerpt: ... 2022, NDSC and US Bank Trust National Association, as Trustee for ABS Loan Trust VI (collectively, “Defendants”) filed a demurrer and motion to strike. Plaintiff did not file any oppositions. Defendants' request for judicial notice is granted. The demurrer and the request for judicial notice refer to a surplus funds case involving Plaintiff. Defendants are to file a Notice of Related Case in both this case and Case No. 21STCP03098 within 10 ...

Excerpt: ...s, $6,729.22 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 ...

Excerpt: ...ecember 1, 2021, Plaintiff filed a second amended complaint (“SAC”). On December 13, 2021, Defendants filed a motion to strike punitive damages from the first cause of action for wrongful termination. The Court may, upon a motion or at any time in its discretion: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of...

Excerpt: ...nt hired Video Tech Services (“VTS”) to provide a crew for unloading and setting up an American Idol promotional display at the Hollywood and Highland shopping center and theater complex on March 12, 2018. (Undisputed Material Facts “UMF” 1; Response to UMF 1; Additional Material Facts “AMF” 13.) Defendant also hired an independent contractor truck driver to deliver the American Idol heads and mounting bases to the location. (UMF 6.) ...

Excerpt: ...laint 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.) The sixth cause of action alleges Defendant committed fraud by failing to disclose that the lithium-ion battery was defective. (Complaint ¶ 35.) Defendant contends that the ca...

Excerpt: ...emurrer 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.) The sixth cause of action alleges Defendant committed fraud by failing to disclose that the lithium-ion battery was defective. (Co...

Excerpt: ...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.) The sixth cause of action alleges Defendant committed fraud by failing to disclose that the lithium-ion battery was defective. (Complaint ¶ 36.) Defendant contends that the cause of...

Excerpt: ...discrimination and harassment; (6) wrongful discharge; and (7) intentional infliction of emotional distress (“IIED”). On May 28, 2022, Defendant filed a motion for summary judgment, or in the alternative, summary adjudication. EVIDENTIARY OBJECTIONS Plaintiff inserted improper objections and argument in his response to Defendant's separate statement of material facts. That is not the proper place for objections or argument. The separate state...

Excerpt: ...fs are the prevailing party, and Defendants agreed to pay Plaintiffs' reasonable attorney fees and costs. (Mikhov Decl., Ex. D, ¶ 2.) On December 23, 2021, Plaintiff filed a motion for attorney fees and a memorandum of costs. On January 7, 2021, Defendants filed a motion to tax costs. MOTION FOR ATTORNEY FEES As the prevailing party, Plaintiff is entitled to an award of reasonable attorney fees. (Civ. Code, § 1794, subd. (d).) California courts...

Excerpt: ...policy; (2) retaliatory discharge in violation of the Labor Code; (3) whistleblower retaliation in violation of the Labor Code; (4) failure to prevent discrimination, harassment, and retaliation; (5) violation of Labor Code section 1019; (6) violation of Labor Code section 1019.1; (7) intentional infliction of emotional distress; and (8) unfair business practices. On October 14, 2021, Plaintiff filed a motion for summary judgment, or in the alter...

Excerpt: ... Decl., Ex. B, ¶¶ 1-3.) On January 11, 2022, Plaintiffs filed a motion for attorney fees, costs, and expenses. Plaintiffs seek $26,445.00 in attorney fees, $3,444.55 in costs, an additional $2,000.00 in attorney fees for this motion's reply and hearing, and a 1.15 lodestar multiplier, totaling $36,672.98. As the prevailing party, Plaintiffs are entitled to an award of reasonable attorney fees. (Civ. Code, § 1794, subd. (d).) California courts ...

Excerpt: ...ct within one or two repair visits. The statute requires the manufacturer “to service or repair a new motor vehicle . . . to conform to the applicable express warranties after a reasonable number of attempts.” (Civ Code, § 1793.2, subd. (d)(2).) The statute does not state that the same defect must be serviced or repaired, just that the vehicle be serviced or repaired to conform to warranties. Therefore, the motion is denied on this ground. T...

Excerpt: ... 26, 2021, the Court sustained in part a demurrer to the SAC with leave to amend. The Court also granted Defendants' motion to strike Plaintiff's allegations related to punitive damages, finding that the causes of action did not allege specific facts of the kind of outrageous conduct supporting punitive damages. On June 4, 2021, Plaintiff filed a third amended complaint. On December 22, 2021, Plaintiff filed a motion to leave to file a fourth ame...

Excerpt: ...��); George Knopfler; and Hamrick & Evans, LLP. Plaintiffs alleges that Massachusetts Bay Insurance Company and Hanover breached the implied covenant, and George Knopfler and Hamrick & Evans, LLP committed legal malpractice. On September 9, 2021, the Court granted Hanover's motion for summary judgment and denied Massachusetts Bay's motion for summary judgment. On November 10, 2021, the parties stipulated to Plaintiffs' filing of a fourth amended ...

Excerpt: ...on to compel arbitration and stay the action pending completion of arbitration. On January 4, 2022, the Court continued the hearing and ordered Plaintiff to file a new opposition brief that complied with the Court's page limits. 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.) The burden...

Excerpt: ...tion of public policy; (5) failure to pay wages due; (6) failure to pay rest and meal period pay; and (7) unlawful business practices. On September 15, 2021, Plaintiff substituted Martin Bauer, Inc. (“Defendant”) for Doe 1. On June 21, 2021, Defendant filed this motion to compel arbitration and stay the action pending the completion of arbitration. DISCUSSION When seeking to compel arbitration of a plaintiff's claims, the defendant must alleg...

Excerpt: ...21, the Court granted Defendants' petition to confirm the August 16, 2021 arbitrator's award against Plaintiff and entered judgment. On November 5, 2021, Defendants filed a memorandum of costs after judgment. On November 15, 2021, Plaintiff filed a motion to tax costs. On December 6, 2021, Defendants filed a motion to amend the judgment to add alter ego judgment debtors. MOTION TO TAX COSTS “A ‘verified memorandum of costs is prima facie evid...

Excerpt: ...n July 20, 2020, the Court lifted the stay. On December 4, 2020, Defendants filed a cross-complaint against Plaintiff alleging breach of contract and fraud, also based on the CC&Rs. On December 9, 2020, the Court set a trial date of March 14, 2022, and the parties agreed to complete private mediation by August 20, 2021. The Court ordered the parties to file a joint status report on the mediation by August 27, 2021. On August 27, 2021, the parties...

Excerpt: ...ked specific facts. The Court gave Plaintiff leave to amend. On October 27, 2021, Plaintiff filed a first amended complaint (“FAC”). On November 28, 2021, Defendant filed a motion to strike. The Court may, upon a motion or at any time in its discretion: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of Californi...

Excerpt: ...: Nos. 5, 11, 13, 14, 15, 22, 40, 42, 44: Granted. These requests seek documents related to the vehicle at issue. Defendant did not show the requests were vague, over broad, or overly burdensome. No. 6: Denied. This request is vague and could require the production of all documents regarding the manufacturing and delivery of the vehicle. The request is overbroad because it is not limited to the defects at issue in the complaint. Nos. 7, 16, 17: D...

Excerpt: ...The notice of settlement stated the case would be dismissed by August 6, 2021. That did not happen. Instead, finally on December 30, 2021, Plaintiff filed a motion for attorney fees, costs, and expenses. Plaintiff's request for judicial notice is granted. Defendant's objections to the Declaration of Payam Shahian are overruled. Plaintiff's objections to the Declaration of Michael Hurvitz are overruled. A. Attorney Fees As the prevailing party, Pl...

Excerpt: ...hat Indiana is the proper venue. On December 20, 2021, Thor filed a motion to stay the action due to inconvenient forum. Thor, the manufacturer located in Indiana, argues the express warranty states Indiana is the exclusive jurisdiction for legal disputes relating to a breach of warranty. On December 21, 2021, Giant joined the motion. “In California, the procedure for enforcing a forum selection clause is a motion to stay or dismiss for forum n...

Excerpt: ...eclaration. (Opposition at p. 6.) In reply, defense counsel declares he called Plaintiff on December 13, 2021 to discuss the issues, and they did not reach an agreement. (Krumm Decl. ¶¶ 2-3.) According to the proof of service, Plaintiff served Defendant with the summons and complaint on November 2, 2021 by substituted service. Therefore, the demurrer was due by December 2, 2021, and Defendant was to meet and confer at least by November 27, 2021...

Excerpt: ... 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) battery; (2) assault; (3) negligence; (4) false arrest/false imprisonment; (5) violation of the Bane Act; (6) violation of the Unruh Civil Rights Act; (7) violation of the Ralph Civil Rights Act; (8) intentional infliction of emotional distress (“IIED”); (9) negligent retention, traini...

Excerpt: ...filed an ex parte application for a temporary restraining order and order to show cause re: issuance of a preliminary injunction. Plaintiffs seek an order preventing Defendants from (1) engaging in any activity that obstructs Plaintiffs' ability to remove a fence and replace it with a new fence, (2) engaging in any activity that obstructs Plaintiffs' ability to install a driveway gate, (3) trespassing on Plaintiffs' property with a makeshift barr...

Excerpt: ...20, 2021, Cross-Defendant filed 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 special demurrer for uncertainty under Code of Ci...

Excerpt: ...21, Plaintiffs filed a motion for leave to amend their complaint to name Doe defendants. On November 18, 2021, the Court entered judgment in favor of Regents. The Court issued a tentative order on the motion for leave to amend, allowing it as to serve Furniture by Thurston, Inc. and denying it as to Novacel Ophtalmique SAS. The tentative decision noted Plaintiffs had not addressed the impact of Code of Civil Procedure section 583.210, subdivision...

Excerpt: ...er 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 achieve the overriding interest. (California Rules of Court, rule 2.550(d).) A...

Excerpt: ...ed a joint witness list, but it is not signed by defense counsel. Plaintiff filed a statement of the case and jury instructions. Defendants Gregory Funding LLC and AJAX Mortgage Loan Trust did not. The Court orders the parties to meet and confer on the phone or by videoconference to prepare a joint exhibit list, joint witness list, joint short statement of the case, agreed-upon jury instructions, and disputed jury instructions. On the exhibit lis...

Excerpt: ...oints it states the expert will testify Defendant's conduct fell below the standard of care. At other points, it states the expert will testify Defendant violated unidentified statutes and regulations. The motion is DENIED. Plaintiff's MIL No. 2: In this motion, Plaintiff seeks to admit the Department of Public Health's Statement of Deficiencies, attached as Exhibit 1 to the motion. For the reasons stated in Nevarrez v. San Marino Skilled Nursing...

Excerpt: ..., Defendant filed a cross-complaint against Plaintiff. The parties continued the hearing on the motion several times. On November 12, 2020, the Court granted the motion. Defendant filed an answer the same day. On February 24, 2021, the Court granted defense counsel's motion to be relieved as counsel. Defendant failed to appear at an October 6, 2021 status conference. Plaintiff served discovery. Defendant did not respond. Plaintif filed a motion t...

Excerpt: ...ed be placed in a blocked account. Defendant's request for a continuance is denied. LEGAL STANDARD “Trial courts traditionally consider and weigh two factors in determining whether to issue a preliminary injunction. They are (1) how likely it is that the moving party will prevail on the merits, and (2) the relative harm the parties will suffer in the interim due to the issuance or nonissuance of the injunction.” (Dodge, Warren & Peters Ins. S...

Excerpt: ... a judgment in his favor and against Defendants Mark Friedman and Trident Group, Inc. (“Trident”), jointly and severally, in the amount of $14,258.45 to be paid to OnlyBusiness.Com, LLC (“OB”). The Court also awarded judgment in favor of Defendants David Friedman and Werner Clark, and dismissed nominal Defendant OB. The Court entered judgment on September 17, 2021, and mailed notice of entry of judgment on September 20, 2021. On October 1...

Excerpt: ...iscovery from Defendant American Cover Design due to a dispute about a Belaire-West notice. Plaintiff served the disputed discovery request on August 12, 2020, Defendant responded with objections and then with supplemental responses contending certain types of documents were subject to the Belaire-West process. The parties could not agree on the contents of the Belaire-West notice. Defendant argues Plaintiff has not been diligent and delayed disc...

Excerpt: ...ivil Procedure section 425.16 (“anti-SLAPP motion”). EVIDENTIARY OBJECTIONS The Court does not rule on Immerman's objections to Plaintiffs' evidence, as the material objected to is not relevant to the Court's decision. REQUEST FOR JUDICIAL NOTICE The Court does not rule on Plaintiffs' request for judicial notice, as the exhibits are not relevant to the Court's decision. FACTUAL BACKGROUND On February 25, 2015, Studio 8 entered into a settleme...

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

Excerpt: ...e Chief Clinical Development Officer for Rockport, and neither has unique or superior knowledge of the facts and circumstances of this action. Plaintiffs argue Stroll and Larkin have knowledge about PMK topics on (1) Rockport's ownership, business relationship, interrelation, and/or control with Lawndale, (2) all contracts between Rockport and Lawndale related to services Rockport provided to Lawndale from June 2017 to July 2019, and (3) services...

Excerpt: ...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 plaintiff cannot reasonably respond—i.e., cannot reasonably determine what issues must be admitted or denied, or what counts or claims a...

Excerpt: ...of Decision. On July 15, 2021, the Court overruled the objections and issued its Final Statement of Decision. On August 17, 2021, the Court entered judgment in favor of Defendants and against Plaintiff. On September 2, 2021, Defendants filed a memorandum of costs. On October 14, 2021, Defendants filed a motion for attorney fees. A prevailing defendant in a Fair Employment and Housing Act (“FEHA”) action may be awarded fees and costs only when...

Excerpt: ...mployment and Housing Act (“FEHA”). On November 1, 2021, Defendant filed an answer. On December 8, 2021, Defendant filed a motion for judgment on the pleadings. The notice of motion does not state the grounds for the motion, in violation of Code of Civil Procedure section 438, subdivision (d). Nevertheless, the Court considers the motion, as Plaintiff did not object on this ground and opposed the motion on the merits. REQUEST FOR JUDICIAL NOT...

Excerpt: ...because Plaintiff alleges she continues to suffer physical injuries and loss of earnings and she seeks future lost wages. Defendant states it seeks to depose the current employer about Plaintiff's ongoing loss of wages and benefits and her other injuries alleged in the complaint. When Defendant sent discovery to Plaintiff about her lost income, Plaintiff responded she did not have the information. The parties should have participated in an Inform...

Excerpt: ...ndividual and as a trustee. Plaintiff served objections on October 22, 2021. On October 26, 2021, Plaintiff served supplemental substantive response with no verification. Defendants asked for verifications. Plaintiff said she would provide them but they did not come. On December 7, 2021, Defendants filed two motions to deem the RFAs admitted because they lack verifications. In opposition Plaintiff states during the fall, the issue of Plaintiff's ...

Excerpt: ...ed in part. This request is overbroad and not limited to 2016 Honda Pilots. Defendant said it is not withholding documents except based on attorney-client communications. Defendant is to produce a privilege log for responsive documents concerning 2016 Honda Pilots withheld as privileged or attorney work product. Nos. 36, 37, 39, 40, 42, 43, 45, 46, 48, 49, 51, 52, 54, 76: Granted in part. These requests seek all documents concerning complaints, r...

Excerpt: ...mong other objections. Also, Plaintiff filed a motion to compel the same PMK deposition and production of documents. Two motions on the same issue were not necessary. The parties should have found a more efficient way to address this dispute. Generally, Defendant's objections are boilerplate and not tailored to the specific requests. Therefore, the Court does not address each objection. For example, Defendant objects that a request about Plaintif...

Excerpt: ...er 28, 2021. That same day, the Court took the trial date off and set an Order to Show Cause re Dismissal pursuant to the settlement for September 29, 2021. By September 29, 2021, Plaintiff had not dismissed the case because, according to Plaintiff, Defendants had not sent the settlement amount. The Court continued the OSC to November 23, 2021. On October 5, 2021, Plaintiff moved to enforce the settlement set for hearing on December 29, 2021. The...

Excerpt: ... The parties provide no information about whether Drabkin and Million Dollar Rentals are represented by counsel. As a threshold issues, Defendants should have filed six motions to compel and paid filing fees for six motions, one for each subpoena. As another threshold issue, Defendants only served the motion to compel on counsel for Plaintiffs. Defendants did not serve the motion to compel on Drabkin and Million Dollar Rentals. There is no eviden...

Excerpt: ...ounsel contends that Defendant's counsel failed to properly meet and confer. (Opposition to Demurrer at pp. 2-3; Opposition to Motion to Strike at pp. 2-3.) 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 filed the pleading. Defendant's counsel sent a letter about scheduling a call to meet and confer, but he did not stat...

Excerpt: ...eged elder abuse and negligence when Plaintiff was under Defendants' care. Plaintiff served Dr. Huerta-Ibarra on June 21, 2021. Plaintiff filed a motion for trial preference on August 30, 2021. On October 5, 2021, the Court granted Plaintiff's motion for trial preference and scheduled a jury trial for January 24, 2022. On November 5, 2021, Dr. Huerta-Ibarra moved to transfer venue to Monterey County Superior Court, and he concurrently filed a dem...

Excerpt: ...ising from non-payment of legal fees. The Court held a jury trial from October 4, 2021 through October 27, 2021. The jury returned a verdict in favor of Defendants and against Plaintiff on all causes of action. The Court entered judgment on November 1, 2021. On November 17, 2021, Plaintiff filed a notice of motion for judgment notwithstanding the verdict and a notice of intent to move for a new trial. On November 19, 2021, the Court set hearings ...

Excerpt: ...ncy 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.) The sixth cause of action alleges Defendant committed fraud by failing to disclose that the cooling system was defective. (FAC ¶ 80.) Defendant conte...

Excerpt: ...ironment; and retaliation, all in violation of the Fair Employment and Housing Act (“FEHA”). Flores also alleged defamation. Plaintiffs later dismissed Sandoval and Huynh. On May 18, 2021, the Court granted Defendant's motion for summary judgment. On August 12, 2021, the Court entered judgment in favor of Defendant and against Plaintiff. On August 16, 2021, Defendant filed a memorandum of costs. On October 12, 2021, Defendant filed a motion f...

Excerpt: ... the Unruh Civil Rights Act. Plaintiff alleges Defendant Allyson Young was the executive director of the facility. On November 5, 2021, Defendants Allyson Young and Belmont Village L.P. (collectively, “Defendants”) filed a demurrer and 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 allegatio...

Excerpt: ...(collectively, “Defendants”) for civil penalties under the Private Attorneys General Act. On August 23, 2021, Defendants filed this demurrer. At the September 30, 2021 hearing on the motion, the Court continued the hearing to December 16, 2021 because Defendants stated they had filed a reply and Plaintiff filed an objection to the late-served reply. At the time of the hearing, no reply appeared on the court docket. Despite the more than two m...

Excerpt: ...mination. Plaintiff agreed to produce responsive documents and states he has produced all such documents. Defendant says Plaintiff did not produce cards he received from co-workers when he was terminated. If Plaintiff received cards when he was terminated and still has them, he is to produce them. If he no longer has the cards, he is to serve a code-compliant response stating he no longer has them. In any event cards Plaintiff received from co-wo...

Excerpt: ...�), Shlomo Rechnitz (“Rechnitz”), Brius LLC, Rockport Administrative Services LLC (“Rockport Administrative”), Rockport Healthcare Support Services LLC (“Rockport Healthcare”), Boardwalk West Financial Services LLC (“Boardwalk”), SR Capital, and Lawnland LLC (collectively, “Defendants”) arising from their mother's death after a fall while in Defendants' care. On March 11, 2021, Defendant filed this motion for summary adjudicat...

Excerpt: ...e. On November 9, 2021, Defendants moved to quash service of the summons and complaint due to defective service. A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion and motion 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).) “When a def...

Excerpt: ...tice of non- opposition. Defendant's request for judicial notice is granted. 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 party may demur to an action on the grounds that “[t]here is another action pending between the same parties on the same cause of action.” (Code Civ. Proc. § 430.10, subd. (...

Excerpt: ...ntribution, (3) money lent, and (4) unjust enrichment. On November 10, 2021, Defendants filed this 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 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. Al...

Excerpt: ...ion”). EVIDENTIARY OBJECTIONS Plaintiffs object to Defendants' Exhibit A, a copy of the sales contract for the vehicle executed by Sanchez Rios, on the grounds that it lacks foundation, personal knowledge, and authentication. Regardless of authentication, Defendants need only to allege the existence of an arbitration agreement and set forth its provisions; they do not need to introduce the agreement into evidence. (Condee v. Longwood Management...

Excerpt: ...h 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.) Plaintiff's request for judicial notice is denied, as orders in other cases are not relevant o this action. A. First-Fifth Causes of Action – Statute of Limitations Defendant argues the warranty-based claims are barred under the applicable st...

Excerpt: ...(4) unlawful business practices, (5) willful misclassification as an independent contractor, and (6) failure to issue accurate itemized wage statements. The third cause of action is against Murchison only. On September 24, 2021, Defendant filed this motion for summary judgment or, in the alternative, summary adjudication. REQUEST FOR JUDICIAL NOTICE Plaintiff's revised request for judicial notice is denied. The Court cannot take judicial notice o...

Excerpt: ...21, Plaintiffs filed a motion for leave to amend their complaint to name Doe defendants. On November 18, 2021, the Court entered judgment in favor of Regents. 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 pleading which must be serially numbered to differentiat...

Excerpt: ...e application for an order shortening time. On November 16, 2021, the Court granted the ex parte application, advanced the hearing date, and set a briefing schedule. A. Evidentiary Objections Much of the evidence submitted was argumentative, irrelevant, and not material to the Court's decision. Plaintiffs' Objections Much of Plaintiffs' evidence is argumentative and irrelevant. The Court did not consider argumentative and irrelevant evidence. Oth...

Excerpt: ...epting the alleged facts as true. (Nolte v. Cedars-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.) Defendant argues the cause of action for intentional misrepresentation is not alleged with specificity, does not allege all elements, and does not allege supporting facts. “The essential elements o...

Excerpt: ... subdivision (d); (2) violation of Civil Code section 1793.2, subdivision (b); (3) breach of express written warranty; and (4) negligent repair. On November 2, 2021, Defendant Ford Motor Company filed this demurrer to the first three causes of action. The fourth cause of action is not alleged against FMC. Defendant's request for judicial notice is granted. A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. M...

Excerpt: ...25.16 (“anti- SLAPP motion”) as to the second cause of action for race harassment in violation of the Fair Employment and Housing Act (“FEHA”). PROCEDURAL CONSIDERATIONS Plaintiff argues the motion should be denied because Defendants noticed a hearing date that was over 120 days after the motion was served, even though Plaintiff noticed two dates available in August 2021. (Opposition at pp. 11-12.) Plaintiff relies on Greka Integrated, In...