Excerpt: ...ion. On September 9, 2021, the Court continued the hearing due to failure to serve Ingersoll Investment Company and Mission Valley Escrow. Plaintiff later filed proofs of service. On October 13, 2021, the Court entered default against Mission Valley Escrow, and on November 18, 2021, the Court entered default against Ingersoll Investment Company. Plaintiff seeks an order for prejudgment possession of a 1,813 square foot part fee take, and a 1,436 ...

Excerpt: ...intiff filed a motion for attorney fees, costs, and expenses. Plaintiff's request for judicial notice is granted. Defendant's objections to the Declaration of Julian A. Moore, the Declaration of Benjamin Beck, and Plaintiff's Request for Judicial Notice are overruled. As the prevailing party, Plaintiff is entitled to an award of reasonable attorney fees. (Civil Code § 1794, subd. (d).) California courts apply the “lodestar” approach to deter...

Excerpt: ...efendants moved to quash service of the summons and complaint due to defective service. Defendants' objections are overruled. 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).) ...

Excerpt: ... Notice of Errata seeking to change Plaintiff “Winonia Strickland Myles Living Trust” to Plaintiff “Winonia Strickland Myles as Trustee of the Winonia Strickland Myles Living Trust” in the first amended complaint. On November 19, 2020, Affinia Default Services, LLC filed this action with a Petition Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee's Sale. The Petition states $480,920.83 in surplus procee...

Excerpt: ...e FAC alleges (1) wrongful foreclosure, (2) violation of Business and Professions Code sections 17200 and 17206.1, (3) breach of the implied covenant of good faith and fair dealing, (4) fraud, and (5) quiet title. The fifth cause of action is brought against only Catamount, who Plaintiffs later dismissed. On October 15, 2021, Plaintiffs filed a Notice of Errata to change references in the FAC from Plaintiff “Winonia Strickland Myles Living Trus...

Excerpt: ...or excusable neglect. (Code Civ. Proc., § 473, subd. (b).) The application for relief must be made within a reasonable time, not to exceed six months, after the judgment. (Ibid.) “Section 473 is often applied liberally where the party in default moves promptly to seek relief, and the party opposing the motion will not suffer prejudice if relief is granted. [Citations.] In such situations ‘very slight evidence will be required to justify a co...

Excerpt: ...nd Housing Act (“FEHA”). On September 9, 2021, Defendant filed this motion for summary judgment, or in the alternative, summary adjudication. EVIDENTIARY OBJECTIONS A. Plaintiff's Objections Plaintiff's hearsay objection to Exhibit C is sustained. The statements by Kelly Freter about Plaintiff's performance and their counseling conversations are hearsay when offered to prove their truth. In its reply, Defendant argues the notes are properly a...

Excerpt: ...n 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, training, and supervision; and (10) negligent infliction of emotional distress. Plaintiffs later dismissed the sixth cause of action. On October 27, 2021, County and Vega filed a motion to stay the proceedings pending the resolution of criminal charges ...

Excerpt: ...nable accommodations; (5) failure to engage in a good faith interactive process; (6) declaratory judgment; and (7) wrongful termination in violation of public policy. On August 12, 2021, Defendant filed a motion for summary judgment, or in the alternative summary adjudication. Plaintiff's opposition was due on October 12, 2021 – 14 days before the October 26, 2021 hearing. (Code Civ. Proc., § 437c, subd. (b)(2).) Plaintiff filed a late opposit...

Excerpt: ...urrers, 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.) REQUEST FOR JUDICIAL NOTICE Defendants' request for judicial notice of the complaint and first amended complaint (“FAC”) is granted. Plaintiff's request for judicial notice of a copy of FMC's documents in support of Plaintiff's request for a buyback is denied, as these doc...

Excerpt: ...e section 1793.2, (4) fraudulent inducement – concealment, and (5) fraudulent inducement – misrepresentation. On January 7, 2020, the Court sustained a demurrer to the second cause of action. On August 12, 2021, Defendant filed a motion for summary judgment, or in the alternative, summary adjudication. Plaintiffs' opposition is 22 pages long, and Plaintiffs did not get special permission for a memorandum that exceeds the page limits. (See Cal...

Excerpt: ..., surprise, or excusable neglect. (Code Civ. Proc., § 473, subd. (b).) The application for relief must be made within a reasonable time, not to exceed six months, after the judgment. (Ibid.) “Section 473 is often applied liberally where the party in default moves promptly to seek relief, and the party opposing the motion will not suffer prejudice if relief is granted. [Citations.] In such situations ‘very slight evidence will be required to ...

Excerpt: ...the writ are established.” (Code Civ. Proc., § 512.040, subd. (b).) “A claim has ‘probable validity' where it is more likely than not that the plaintiff will obtain a judgment against the defendant on that claim.” (Code Civ. Proc., § 511.090.) The application states that on November 18, 2020, Maddex entered into a contract to purchase a White 2020 Ford Mustang (VIN: 1FATP8UH2L5134285). (Application ¶ 5.) Cross- Complainant WC Performan...

Excerpt: ... On September 30, 2021, Plaintiff filed a motion for attorney fees, costs, and expenses. Defendant filed a late opposition. The Court continued the hearing date to allow Plaintiff to file a reply to the late opposition. As the prevailing party, Plaintiff is entitled to an award of reasonable attorney fees. (Civil Code § 1794, subd. (d).) California courts apply the “lodestar” approach to determine what fees are reasonable. (See, e.g., Holgui...

Excerpt: ...d a first amended complaint alleging elder abuse, negligent hiring and supervision, violations of Health and Safety Code section 1430, subdivision (b), and fraudulent concealment. Defendants filed another demurrer, which the Court overruled in part and sustained in part. Defendants then answered. On June 25, 2021, the Court ordered Shlomo Rechnitz and Rechnitz Core GP dismissed without prejudice due to lack of service. On October 12, 2021, about ...

Excerpt: ...(1) wrongful foreclosure, (2) violation of Business and Professions Code sections 17200 and 17206.1, (3) breach of the implied covenant of good faith and fair dealing, (4) fraud, and (5) quiet title. The fifth cause of action is brought against only Catamount, who Plaintiff later dismissed. On August 13, 2021, Winonia Strickland Myles (“Plaintiff”) moved for summary judgment, or in the alternative, summary adjudication against Gregory Funding...

Excerpt: ...or Equitable Right, Title, Estate, Lien Interest in the Property Described in the Complaint Adverse to Plaintiff's Title or Any Cloud on Plaintiff's Title Thereon. On October 15, 2021, Altamirano filed a 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.) Altamirano first contends that Plaintiff w...

Excerpt: ... 2021, Defendants filed a motion for summary judgment, or in the alternative, summary adjudication. On October 5, 2021, Plaintiff filed a motion for leave to file a first amended complaint (“FAC”). MOTION FOR SUMMARY JUDGMENT, SUMMARY ADJUDICATION I. REQUEST FOR JUDICIAL NOTICE Defendants' request for judicial notice of the Complaint is granted. II. EVIDENTIARY OBJECTIONS A. Plaintiff's Objections Plaintiff inserted argument and evidentiary o...

Excerpt: ... 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. Defendant FNF Defendants argue Plaintiff fails to state a claim against FNF on the first and third causes of action because...

Excerpt: ... causes of action. The Court overruled the demurrer as to alter ego allegations and statute of limitations. On July 22, 2021, Foxlink filed a first amended cross-complaint (“FACC”), alleging (1) breach of contract, (2) indebitatus assumpsit, and (3) account stated. On August 23, 2021, Cross- Defendants filed this demurrer. A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 74...

Excerpt: ...t received no responses. Defendant filed very late oppositions to the motions saying he has been out of town since July and did not receive the discovery until October 3, 2021. Compel Responses Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses. (Code Civ. Proc., §§ 2030.290, 2031.300; Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403....

Excerpt: ...e hearing for additional briefing by the parties. A party may discover a law enforcement officer's personnel file through a Pitchess motion. (See Pitchess v. Superior Court (1974) 11 Cal.3d 531.) The Pitchess motion has been partly codified in Evidence Code, section 1043, which makes law enforcement personnel records, public complaints against officers, and reports relating to those public complaints privileged and subject to disclosure only by n...

Excerpt: ...tive Services LLC and/or Lawndale Healthcare & Wellness Centre LLC, respectively. The Court rules as follows: Document Request Nos. 13, 14, 16, 165, 166, 168: Granted in part. These requests seek all emails between Defendants Rockport Administrative Services LLC and Lawndale Management referencing “Business Performance” documents, “Annual Administrator Incentive Plan” documents and “Monthly Financial Summaries” documents for three yea...

Excerpt: ...to amend. On May 10, 2021, Osmont and Goodlett (collectively, “Defendants”) filed a demurrer and motion to strike portions of Plaintiff's second amended complaint (“SAC”). Plaintiff filed its SAC on June 29, 2021. On July 30, 2021, the Court continued the hearing on the demurrer and motion to strike and the Order to Show Cause Re: Why This Case Should not be Transferred Back to Limited Civil. On October 1, 2021, Plaintiff filed a motion f...

Excerpt: ... to the seventh cause of action for concealment. 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.) The seventh cause of action alleges Defendant committed fraud by failing to di...

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.) A. Third Cause of Action – Violation of Civil Code § 1793.2, subd. (a)(3) The third cause of action alleges a violation of Civi...

Excerpt: ...s of action: (1) failure to pay overtime compensation under the Labor Code; (2) denial of and failure to provide meal and rest periods under the Labor Code; (3) failure to furnish accurate itemized wage statements under the Labor Code; (4) failure to indemnify for all necessary expenses under the Labor Code; (5) waiting time penalties under the Labor Code; and (6) violations of Business and Professions Code section 17200. Defendants served variou...

Excerpt: ...roper 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).) Defendants move to strike Paragraph 45 as irrelevant because Plaintiff cannot seek damages based on violations of the Insurance Code, California Code of Regulations, or Penal Code. (Motion at pp. 2-4.) Plaintiff alle...

Excerpt: ... 26, 2021, David Vernon Tran (“Defendant”) filed a motion to dismiss for improper venue. Defendant argues the agreement that he signed on behalf of Dope Media LLC contains a governing law and forum selection clause through which the parties agreed to Washington law and exclusive jurisdiction in Washington. (Motion at p. 3.) “In California, the procedure for enforcing a forum selection clause is a motion to stay or dismiss for forum non conv...

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.) On August 5, 2021, Defendant filed this motion for summary judgment, or in the alternative, summary adjudication. On October 7, 2021, Plaintiffs filed an opposition. On October 8, 2021, Plaintiffs filed their response to Defendant's separate statement, a notice of lodging of exhibits, and declarations. On October 1...

Excerpt: ... Labor Code; (3) 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) conversion; (7) retaliation in violation of the Labor Code; (8) wrongful discharge in violation of public policy; (9) intentional infliction of emotional distress (“IIED”); (10) defamation; and (11) violations of the Private Attorneys General Act (“PAGA”). Pla...

Excerpt: ... the television series “Mixed-ish” based on Plaintiff's idea without honoring her contract. Plaintiff contends “Mixed-ish” is identical to Plaintiff's ideas for a series. (Complaint, ¶ 9.) On December 10, 2020, Defendants Tracee Ellis Ross, Brian Dobbins, Artists First, Kenya Barris, and Touchstone Television Productions LLC dba ABC Studios filed three anti-SLAPP motions. Ross moves to strike the third through eighth causes of action. Ar...

Excerpt: ... 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 to exceed six months, after the judgment. (Ibid.) “Section 473 is often applied liberally where the party in default moves promptly to seek relief, and the party opposing the motion will not suffer prejudice if relief is granted. [Citations.] In...

Excerpt: ...at 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 achieve the overriding interest. (California Rules of ...

Excerpt: ...ice. On August 31, 2021, Defendant moved to quash service of 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 defenda...

Excerpt: ...Defendant's first, eleventh, seventeenth, and twenty-sixth affirmative defenses. EVIDENTIARY OBJECTIONS Objections to the Declaration of Rory J. Cutaia: Nos. 1, 4 are sustained as lacking personal knowledge. Nos. 2, 3 are overruled. FACTUAL BACKGROUND Plaintiff and bBooth, Inc. entered into a written employment contract on or around August 4, 2014 (“Executive Employment Agreement”) governing the terms of Plaintiff's employment as president of...

Excerpt: ...nd on July 9, 2021, he filed an amended cross-complaint (“FACC”). The FACC alleges (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. The first, second, sixth, seventh, and t...

Excerpt: ...(“SAC”) on January 12, 2021. On January 21, 2021, Expertise filed a cross-complaint against Kolb, Bertha Patricia Manterola, and Toro Productions Inc. After Cross-Defendants filed a demurrer, Expertise filed a first amended cross-complaint on February 11, 2021, and a second amended cross-complaint (“SACC”) on March 12, 2021. On May 26, 2021, the Court sustained in part a demurrer to Kolb's SAC with leave to amend. On June 4, 2021, Kolb fi...

Excerpt: ...ivate Capital, Inc., and Aldo Javier Baltodano (collectively, “Broker Defendants”); Rosalinda V. Landeros and Merchants Bonding Company (collectively, Notary Defendants”); Fidelity National Title Company and Lawyers Title Company (collectively, “Title Defendants”); and others. Defendant Glenis Cardona is not part of the settlement. The Lender Defendants, Broker Defendants, Notary Defendants, and Title Defendants have now settled with Pl...

Excerpt: ...urrer 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 Civil Procedure section 430.10, subdivi...

Excerpt: ...ermination in violation of public policy and race discrimination in violation of the Fair Employment and Housing Act (“FEHA”). The Court entered judgment on July 13, 2021. On July 23, 2021, Defendants filed a memorandum of costs. On August 4, 2021, Plaintiff filed a motion to tax costs and/or strike memorandum of costs. On September 10, 2021, Defendants filed a motion for attorney fees, which Plaintiff opposed. Defendants' Objection Nos. 1-3 ...

Excerpt: ... moves for trial preference on the grounds that she is over the age of 70 and her health is such that a preference is necessary to prevent prejudicing Plaintiff's interest in the litigation. 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...

Excerpt: ...ell as a motion to deem requests for admission against Akbar admitted. On June 8, 2021, Plaintiff filed a motion to compel responses to a second set of special interrogatories against Akbar and a motion to deem a second set of requests for admission against Lopez deemed admitted. On June 11, 2021, Plaintiff filed a motion to compel responses to a second set of special interrogatories against Lopez. On June 30, 2021, the Court granted the motions ...

Excerpt: ...t in the amount of $44,800.84, plus $3,815.00 in attorney fees and $60.00 in costs. The Court entered judgment on June 22, 2021. On August 18, 2021, the Court entered default against Defendants David Flores, Aron Sanchez, and Cornelio Lopez. On August 31, 2021, Plaintiffs filed a request for entry of default judgment. On September 2, 2021, Pecina-Serrano and Pecina Velasquez filed a motion to vacate the judgment and to enter a new judgment. MOTIO...

Excerpt: ... (collectively, “Defendants”) for civil penalties under the Private Attorneys General Act. On August 23, 2021, Defendants filed this 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.A...

Excerpt: ... On June 22, 2021, Defendants filed a demurrer and a motion to strike punitive damages. 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.) Defendants argue that Plaintiffs have not sufficiently alleged equitable estoppel to overcome the one-year limitation...

Excerpt: ...ts of judgment. In his opposing papers, Moda did not dispute that the Mazganis paid the sanctions amounts. Instead, he argued that the motion was set for hearing one day too early. The Court therefore continued the hearing by one day. The Mazganis then continued the hearing date another three weeks without the Court's permission. Next Moda filed new opposition papers, again without the Court's permission. In those new opposition papers, Moda argu...

Excerpt: ... Defendant's care. Plaintiffs allege three causes of action: (1) elder abuse; (2) violation of resident's rights under Health & Safety Code § 1430, subdivision (b); and (3) wrongful death. On March 19, 2021, the Court sustained Defendant's demurrer and granted in part its motion to strike with leave to amend. On April 6, 2021, Plaintiffs filed a second amended complaint (“SAC”) with the same causes of action. On May 10, 2021, Defendant filed...

Excerpt: ...gainst Landwin, AYS Hospitality Inc. (“AYS”), Just Light, and Tang. On June 18, 2021, Landwin and AYS filed this 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.) ...

Excerpt: ...reach of the implied warranty of merchantability; and (6) negligent repair. On July 7, 2021, Defendants Ford Motor Company (“FMC”) and Johnson Ford dba Antelope Valley Ford Lincoln (“Johnson”) (collectively, “Defendants”) filed this demurrer. Defendants' request for judicial notice is granted. The Court does not rule on Defendants' objections to the Declaration of Ezra Ryu, as the Court did not rely on the material to which Defendants...

Excerpt: ..., Merluza, on behalf of herself and Montoya (collectively, “Defendants”), filed a motion for judgment on the pleadings as to the second, third, sixth, ninth, and tenth causes of action. 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 suff...

Excerpt: ...eges six causes of action: (1) failure to pay overtime compensation under the Labor Code; (2) denial of and failure to provide meal and rest periods under the Labor Code; (3) failure to furnish accurate itemized wage statements under the Labor Code; (4) failure to indemnify for all necessary expenses under the Labor Code; (5) waiting time penalties under the Labor Code; and (6) violations of Business and Professions Code section 17200. Defendants...

Excerpt: ...mination and retaliation; and (4) wrongful termination in violation of public policy. On June 21, 2021, Defendants filed this motion to compel arbitration and stay the action pending the completion of arbitration. Plaintiff's evidentiary objections are overruled. 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) 8...

Excerpt: ...ther 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.) Defendant first demurs on the ground there is no longer a statutory basis for the IIED cause of action after Plaintiff dismissed the individual defendants. (Demurr...

Excerpt: ...azar, and Juan Ramirez, alleging breach of contract, invasion of privacy, misrepresentation, breach of implied covenant, conspiracy, accounting, quantum meruit, sexual assault, and sexual battery. On April 18, 2019, Bella filed a first amended complaint that added causes of action for conspiracy and breach of fiduciary duties. Bella also substituted Nancy Rodriguez as Doe 1. On June 18, 2019, Bella filed a second amended complaint, which added Sa...

Excerpt: ...st 5, 2021 opposition, Plaintiff asked the Court to deny the motion or continue the hearing because she had not completed Rummel's deposition and obtained records needed to oppose the motion, and there was no protective order. On August 19, 2021, in light of the protective order and deposition being completed, the Court granted Plaintiff's request for a continuance, continued the hearing date from August 19, 2021 to September 10, 2021, and ordere...

Excerpt: ...�), alleging violations of the Fair Employment and Housing Act (“FEHA”), the California Family Rights Act (“CFRA”), the Family and Medical Leave Act (“FMLA”), the Labor Code, the Unfair Competition Law, and common law claims. On July 7, 2021, Defendants filed this demurrer to the first nine causes of action and motion to strike. DEMURRER When considering demurrers, courts read the allegations liberally and in context, accepting the al...

Excerpt: ... (“Hanover”); George Knopfler; and Hamrick & Evans, LLP. Plaintiffs allege that Massachusetts Bay Insurance Company and Hanover breached the implied covenant, and George Knopfler and Hamrick & Evans, LLP committed legal malpractice. The only cause of action against the non-lawyers if for breach of the implied covenant of good faith and fair dealing. On June 24, 2021, Massachusetts Bay and Hanover (collectively, “Defendants”) filed this mo...

Excerpt: ...n expert witness and a notice of psychological examination of Plaintiff for June 11, 2021. The proofs of service attached to those two documents state defense counsel served the two documents on Plaintiff's counsel and Cross-Defendant's counsel by email on May 28, 2021. On July 6, 2021, the Court continued the trial to August 30, 2021. The minute order stated, “The Court orders there be no extension of the discovery dates.” Therefore, the fac...

Excerpt: ...(3) declaratory judgment; and (4) wrongful termination in violation of public policy. On August 12, 2021, Defendant filed this petition to compel arbitration and stay the action pending the completion of arbitration. EVIDENTIARY OBJECTIONS Defendant's objections to the Declaration of Santiago Velasquez and the Declaration of Brittany Morales are overruled. Plaintiff's Spanish declaration is accompanied by an English translation, “certified unde...

Excerpt: ... 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 February 13, 2020, Farin filed a cross-complaint against BPE, Arturo, and Leah for implied contractual indemnity, equitable indemnity, breach of express and implied warranties, breach of implied contract, negligent misrepresentation, fraud (intenti...

Excerpt: ...lation of FEHA; (5) violation of the Equal Pay Act; (6) wrongful constructive termination; and (7) intentional infliction of emotional distress (“IIED”). On June 1, 2021, Defendant filed this demurrer to the fifth, sixth, and seventh causes of action. Defendant's request for judicial notice is granted. A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When conside...

Excerpt: ...eave to amend. On May 6, 2021, Plaintiff filed a first amended complaint (“FAC”). On August 10, 2021, Defendants filed this motion for judgment on the pleadings. REQUEST FOR JUDICIAL NOTICE Defendants' request for judicial notice of documents filed in and related to Philips et al. v. Ford Motor Company (N.D. Cal.) Case No. 5:14-cv-02989 is granted. LEGAL STANDARD A motion for judgment on the pleadings is the functional equivalent to a general...

Excerpt: ... disrespect.” (Cruz v. Superior Court (2004) 120 Cal.App.4th 175, 188, fn. 13.) On June 23, 2021, Sandeep filed this 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....

Excerpt: ...arties and relevant individuals 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 December 23, 2020, Defendants filed a demurrer and motion to strike. On April 2, 2021, the Court sustained the demurrer with leave to amend on the grounds that Dana's causes of action were barred by the s...

Excerpt: ...l causes of action and a motion to strike. Plaintiffs did not file any oppositions. 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...

Excerpt: ...iness and Professions Code section 17200; (6) breach of fiduciary duty; (7) breach of contract; and (8) negligence per se. On July 26, 2021, Flexport filed an answer and a cross-complaint. On August 3, 2021, Defendant filed a notice of motion to dismiss for lack of jurisdiction and improper forum. Defendant filed its memorandum of points and authorities and supporting declarations on August 6, 2021. Defendant argues that its written contract with...

Excerpt: ... 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. 4.) LEGAL STANDARD The Safe Drinking Water and To...

Excerpt: ...e Court signed Plaintiff's Application and Order to Serve Summons by Posting. On April 13, 2021, Plaintiff filed proofs of service, and on April 20, 2021, it filed amended proofs of service. The amended proofs of service reflect service on C&B and B&C by posting at 3000 Wilshire Boulevard #B100, Los Angeles, CA 90010 on March 18, 2021 at 12:00 p.m. They also state that copies of the documents for both Defendants were sent via certified mail to Al...

Excerpt: ...i argues the tax returns are “critical” because they will help establish how much income he had and because back in 2019, the Court ordered the Mazganis' accountant to produce their tax returns. She argues that the discovery should be ordered after all the cutoff dates have passed pursuant to Code of Civil Procedure section 2024.250. Moda argues the discovery cutoff has passed and no good cause has been shown for an except to the tax return p...

Excerpt: ...ss. (Complaint, ¶¶ 11, 13, 21.) On May 12, 2021, Defendant demurred on the grounds that each cause of action fails to state sufficient facts and is uncertain. 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)...

Excerpt: ...dgment, or in the alternative, summary adjudication on the grounds that Plaintiff cannot establish the existence of a defect or its causal connection to Plaintiff's injury because he disposed of the allegedly defective product, Plaintiff's third cause of action is not recognized by California law, and Plaintiff cannot show that he relied on any statements by Defendant. REQUEST FOR JUDICIAL NOTICE Defendant's request for judicial notice of Plainti...

Excerpt: ...anagement 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 May 19, 2021, Defendant filed this demurrer. Plaintiff did not file an opposition. Defendant requests that the Court take judicial notice of the case information summary and second a...

Excerpt: ...Court to deny the motion or continue the hearing because she has been unable to complete Rummel's deposition and obtain records needed to oppose this motion. Plaintiff states she may also need to depose an unidentified employee identified. “If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication, or both, that facts essential to justify opposition may exist but cannot, for reasons state...

Excerpt: ... Housing Act (“FEHA”); (3) harassment based on disability in violation of FEHA; (4) failure to reasonably accommodate disability; (5) failure to engage in the interactive process; (6) failure to reasonably accommodate disability; (7) failure to prevent discrimination, harassment, and retaliation; (8) retaliation in violation of FEHA; (9) retaliation in violation of the Labor Code; (10) libel and slander; (11) intentional infliction of emotion...

Excerpt: ...ed the case from Civil Limited to Civil Unlimited and vacated all pending hearings. On March 2, 2021, Plaintiff and BMW filed a stipulation that the Court retain jurisdiction to enforce their settlement under Code of Civil Procedure section 664.6, and on March 15, 2021, Plaintiff dismissed BMW. On July 13, 2021, Plaintiff again filed a motion for leave to amend and file a second amended complaint (“SAC”). The Court may, in its discretion and ...

Excerpt: ...reasonable costs, expenses, and attorney fees. (Parnell Decl., Ex 1.) On July 16, 2021, Plaintiff filed a motion for attorney fees, costs, and expenses. Plaintiff's and Defendants' evidentiary objections are overruled. As the prevailing party, Plaintiff is entitled to an award of reasonable attorney fees. (Civil Code § 1794, subd. (d).) California courts apply the “lodestar” approach to determine what fees are reasonable. (See, e.g., Holguin...

Excerpt: ...e of action. The Court also sustained Strada's demurrer to first cause of action. On November 4, 2020, Paradigm filed a second amended complaint (“SAC”). On December 2, 2020, A's Match filed a demurrer, and on January 4, 2021, Strada filed a demurrer. On March 17, 2021, the Court sustained A's Match's demurrer with leave to amend. Paradigm filed a third amended complaint (“TAC”) on April 1, 2021. On April 30, 2021, the Court sustained Str...

Excerpt: ...of $250,000, prejudgment interest, costs, and attorney fees. The Court also entered judgment in favor of Defendant Melina Abalkhad. On June 14, 2021, Plaintiff filed this motion seeking attorney fees and costs from Defendant Ramil Abalkhad. Plaintiff seeks $38,750.00 in attorney fees and $1,191.04 in costs. California courts apply the “lodestar” approach to determine what fees are reasonable. (See, e.g., Holguin v. DISH Network LLC (2014) 229...

Excerpt: ...answer and a motion to strike. A general demurrer may be made on the ground that an answer does not state facts sufficient to constitute a defense. (Timberidge Enterprises, Inc. v. City of Santa Rosa (1978) 86 Cal. App. 3d 873, 880.) The answer to a complaint must contain the “general or specific denial of the material allegations of the complaint controverted by the defendant” and a “statement of any new matter constituting a defense.” (...

Excerpt: ... to strike allegations relating to punitive damages. 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).) Defendant first argues that punitive damages are not ava...

Excerpt: ...e Mazganis' prior motion for an order to show cause regarding contempt, this motion for sanctions arises from conduct in Mahvash Mazgani's bankruptcy case. The Mazganis argue that Moda's attorneys Deborah Bronner and Thomas Sands filed in the bankruptcy court action certain documents produced in this action and marked as confidential under a protective order issued in this case, and that Bronner revealed confidential information in declarations. ...

Excerpt: ...smissed Healy and Woodlawn. WME has now settled with Plaintiff for $382,500.00 and filed this application for determination of good faith settlement. No party has objected. Any party to an action with two or more joint tortfeasors may petition the court for a determination of the issue of the good faith of a settlement. (Code Civ. Proc., § 877.6, subd. (a)(1).) The court's approval of the settlement furthers two sometimes-competing policies: (1)...

Excerpt: ..., the Court granted Defendant's motion for summary judgment. The Court entered judgment on May 12, 2021. On May 27, 2021, Defendant filed a memorandum of costs, and on July 9, 2021, Defendant filed a motion for attorney fees. Plaintiff did not file a motion to tax costs or an opposition. A prevailing defendant in a FEHA action may be awarded fees and costs only when the court finds the action was frivolous, unreasonable, or groundless when brough...

Excerpt: ...n 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 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 ...

Excerpt: ...sion of privacy. Defendant argues the employment records are relevant to Plaintiff's claim that Defendant's employees ruined her reputation by bad-mouthing her. Defendant argues the employment records will show whether Plaintiff sullied her own reputation while working at her former employer and whether she made similar complaints while employed at the other school district. Defendant contends that there was a restraining order issued against her...

Excerpt: .... World argues that it designated both Cunningham and Singer. Wood and World have the right to have their own experts testify. They are not required to share an expert. World states that it plans to have Cunningham and Singer testify on different topics – Cunningham on valuation and damages, and Singer on insurance industry standards. The motion is denied. If World solicits cumulative testimony from Cunningham and Singer, Acrisure can object at...

Excerpt: ...r insurance payments are not recoverable. In Kirzhner v. Merecedes-Benz USA, LLC (2020) 9 Cal.5th 966, the Court held that “only the initial registration fee paid at the time of the lease or purchase of the vehicle and not any subsequent registration renewal or nonoperation fees are recoverable as collateral charges.” (Id. at p. 972.) But those fees “are recoverable as incidental damages if they were incurred as a result of the manufacturer...

Excerpt: ...w enforcement officer's personnel file through a Pitchess motion. (See Pitchess v. Superior Court (1974) 11 Cal.3d 531.) The Pitchess motion has been partly codified in Evidence Code, section 1043, which makes law enforcement personnel records, public complaints against officers, and reports relating to those public complaints privileged and subject to disclosure only by noticed motion. (Evid. Code, § 1043.) The statutory scheme governing Pitche...

Excerpt: ...l sex/gender discrimination under FEHA; (4) associational sex/gender harassment; (5) failure to take reasonable steps to prevent harassment and discrimination under FEHA; (6) retaliation in violation of FEHA; (7) wrongful termination in violation of FEHA; (8) wrongful termination in violation of public policy; (9) retaliation in violation of the Labor Code; (10) intentional infliction of emotional distress (“IIED”); (11) defamation by libel; ...

Excerpt: ...ern California Permanente Medical Group, Inc. (collectively, “Defendants”). The Complaint alleges (1) medical negligence; (2) medical negligence per se; (3) intentional infliction of emotional distress (“IIED”); and (4) negligent infliction of emotional distress (“NIED”). On March 1, 2021, Defendants filed a motion for summary judgment, or in the alternative, summary adjudication. OBJECTIONS The Court does not rule on Defendants' obje...

Excerpt: ...tion and stay the action pending completion of arbitration. REQUEST FOR JUDICIAL NOTICE Plaintiff's request for judicial notice is denied, as orders and filings in other cases are not relevant to this action. 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 then shifts to the ...

Excerpt: ...e 30, 2021, Plaintiff filed this motion for leave to amend the complaint. Brandon Min filed a late opposition. 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 differentiate it from previous pleadings or amendments and m...

Excerpt: ...es and relevant individuals 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 December 23, 2020, Defendants filed a demurrer and motion to strike. On April 2, 2021, the Court sustained the demurrer with leave to amend on the grounds that Dana's causes of action were barred by the statu...

Excerpt: ... and stop harassment, discrimination, and retaliation; (5) assault; (6) sexual battery; (7) intentional infliction of emotional distress (“IIED”); (8) battery; (9) whistleblower retaliation in violation of FEHA; and (10) wrongful termination in violation of public policy. The Court entered default against Jesus Torres. On May 13, 2021, U.S. Foodservice, Inc. (“Defendant”) filed a motion for summary judgment, or in the alternative summary ...

Excerpt: ...iolation of the Unruh Civil Rights Act; (4) violation of the Ralph Act; (5) assault; and (6) intentional infliction of emotional distress. The complaint alleges that on January 26, 2019, Roger yelled at, discriminated against, assaulted, and inflicted emotional distress upon Plaintiff while Plaintiff used the bathroom at a hotel. (E.g., Complaint ¶¶ 14-19.) RT owned the hotel, and G&B managed it. (See id. at ¶¶ 2, 5; Motion at p. 3.) G&B and ...

Excerpt: ... 2019. On December 3, 2019, Plaintiff filed a request for entry of default, and the Court entered default against Biozone and Warshawsky (collectively, “Defendants”) on that day. On January 27, 2020, Defendants filed a motion to compel arbitration. The parties engaged in settlement discussions. (Wrighten Decl. ¶ 19.) On August 6, 2020, the Court denied the motion to compel arbitration on the grounds that Defendants were in default and Biozon...

Excerpt: ...anty; and (4) account stated. On March 12, 2021, Plaintiff moved for summary judgment, or in the alternative, summary adjudication of the first three causes of action. Defendants opposed. Plaintiff did not file a reply. REQUEST FOR JUDICIAL NOTICE Defendants' request for judicial notice is granted. EVIDENTIARY OBJECTIONS Defendants' Objections to the Declaration of Annette McGovern Nos. 1, 2, 3, 4, 5, 6, 7, 8, 11, 12, 13, 14, 17, 18, 19, 20, 21, ...

Excerpt: ...emurrers, 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.) Defendants demur to the second cause of action for sexual harassment and fourth cause of action for discrimination and retaliation u...

Excerpt: ...endants' 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. Fraud – Intentional/Negligent Misrepresentation Defendants argue that the FAC does not allege specific facts to support the first cause of action for intentional misrepresentation or second cause of acti...