Excerpt: ...e Complaint fails to state sufficient facts, is uncertain, and does not show standing under the California Insurance Fraud Prevention Act (“IFPA”). 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. Bla...

Excerpt: ...grounds that it fails to state sufficient facts, is barred by the statute of limitations and the economic loss rule, and is uncertain. 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...

Excerpt: ...s concerning Plaintiff's unemployment insurance claims, communications with Chan regarding his claims, denials of claims, and appeals of claims. Plaintiff argues the documents are not discoverable under the Unemployment Insurance Code. Section 1960 of the Unemployment Insurance Code states that a finding of fact or law, judgment, conclusion or final order made in an EDD hearing is not conclusive or binding in any separate action and shall not be ...

Excerpt: ...ber 6, 2019, and a second amended cross-complaint (“SACC”) on July 27, 2020. Saroyan brought the cross-complaint, FACC, and SACC against Ngo Thanh Phan, Nguyen T. Phan, Pasadena Market Center Inc. dba Keller Williams Pasadena (“KW”), Ken John Parsons, Evangelyn Lin, Maria Carrasco, Samuel Carrasco, and Erick Carrasco. On March 30, 2021, Saroyan amended her SACC to substitute Yess Investments, Inc. (“Yess”) as Roe 1. Saroyan served Par...

Excerpt: ...ave Mahvash Mazgani money to avoid a criminal restitution order on the ground that there is no evidence of such an order and it is more prejudicial than probative. And he seeks to exclude evidence of tax liens, arguing the Mazganis have no foundation to testify about tax liens and they are more prejudicial than probative. The Mazganis argue the 2002 fraud conviction is relevant because Moda alleges Mahvash Mazgani induced him to entrust his money...

Excerpt: ...ductions Inc. (collectively, “Cross-Defendants”). 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 March 26, 2021, Cross-Defendants filed this demurrer to the SACC. 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...

Excerpt: ...h filed a motion for summary judgment. FACTUAL BACKGROUND On August 10, 2018, Plaintiff presented to Tower Urology with complaints of vaginal prolapse worsening over two years. (Dr. Desai's Undisputed Material Facts (“Dr. Desai's UMF”) 1; Dr. Mee's Undisputed Material Facts (“Dr. Mee's UMF”) 1.) Plaintiff was first seen by Dr. Desai and diagnosed with symptomatic stage 3 vaginal vault prolapse. (Dr. Desai's UMF 2; Dr. Mee's UMF 2.) Becaus...

Excerpt: ...(collectively, “Cross-Defendants”). On May 17, 2021, Cross-Defendants filed a demurrer and motion to strike. Cross-Defendants' request for judicial notice of the Complaint is granted. DEMURRER Cross-Defendants contend that the Cross-Complaint insufficiently pleads alter ego, is barred by the statute of limitations, and fails to allege sufficient facts (except for the third cause of action). A demurrer for sufficiency tests whether the complai...

Excerpt: ...en Financial”); PHH Mortgage Corporation, individually and as successor by merger to Ocwen Loan Servicing, LLC (erroneously sued as PHH Mortgage Services and Ocwen Loan Services, LLC) (“Ocwen Loan”); and Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities, Inc., Asset-Backed Pass-Through Certificates, Series 2004-FR1 (erroneously sued as Deutsche Bank National Trust Company, Deutsche Bank National Trust Compa...

Excerpt: ...request for judicial notice of the Complaint is granted. On June 17, 2021, Plaintiff dismissed Keyes European without prejudice. DISCUSSION When seeking to compel arbitration of a plaintiff's claims, the defendant must allege the existence of an agreement to arbitrate. (Condee v. Longwood Management Corp. (2001) 88 Cal.App.4th 215, 219 (Condee).) The burden then shifts to the plaintiff to prove the falsity of the agreement. (Ibid.) After the Cour...

Excerpt: ...failure to prevent discrimination, harassment, and retaliation; (5) negligent hiring, retention, and supervision; (6) violation of Labor Code section 1102.5; (7) wrongful termination in violation of public policy; (8) intentional infliction of emotional distress; (9) assault; and (10) battery. On March 8, 2021, AutoZoners, LLC, AutoZone, Inc., and AutoZone West LLC (collectively, “AutoZone”) filed this motion to compel arbitration and stay th...

Excerpt: ... documents to be produced from Wells Fargo, Bank of America, Citibank, Discover Bank, and U.S. Bank National Association: 1. All records, including statements, check registers, and canceled checks, of all bank accounts, whether claimed as community property or separate property, including checking accounts, saving and loan accounts, money fund accounts, credit unions accounts, including all investment accounts for the period commencing on January...

Excerpt: ...iliation.” (Wills v. Superior Court (2011) 195 Cal.App.4th 143, 156.) “ ‘ “[T]he judicial complaint may encompass any discrimination ‘likely and reasonably related to' the allegations of the [] charge.” ' [Citation.]” (Id. at pp. 154-155.) “ ‘[W]hat is submitted to the DFEH must not only be construed liberally in favor of plaintiff, it must be construed in light of what might be uncovered by a reasonable investigation.' [Citatio...

Excerpt: ...ing showing service by email and mail on Johanina Gutierrez-Tobar for Nina's Café. Nina's Café did not appear at the OSC, did not retain new counsel, and did not show good cause for failing to retain new counsel, so on December 9, 2020, the Court ordered Nina's Café's answer stricken and placed it in default. On December 14, 2021, Gutierrez-Tobar filed a substitution of attorney, with The Law Offices of Thomas F. Nowland again representing her...

Excerpt: ...xi Nutrition Products Inc., alleging breach of contract, intentional misrepresentation, negligent misrepresentation, and civil RICO. On July 9, 2019, the Court sustained the individual defendants' and Amaxi Investment Company's demurrers with leave to amend as to the causes of action for negligent and intentional misrepresentation and civil RICO. The Court also sustained Amaxi Nutrition Products Inc.'s demurrer with leave to amend as to the cause...

Excerpt: ...sory estoppel, (3) promissory fraud, (4) intentional misrepresentation, (5) negligent misrepresentation, (6) rescission and restitution, (7) unjust enrichment, (8) and conversion. On September 28, 2020, Kirkaldy filed an answer, and on December 24, 2020, he filed his first amended answer (“FAA”). On January 15, 2021, the Court overruled Cross-Complainant's demurrer to the FAA's first, second, fifth, seventh, ninth, twentieth, twenty-first, tw...

Excerpt: ...renced in the FAC. The FAC alleged (1) fraudulent inducement; (2) intentional misrepresentation and concealment; (3) wrongful termination in violation of public policy; (4) race discrimination in violation of the Fair Employment and Housing Act (“FEHA”); and (5) defamation. On June 29, 2020, the Court sustained Defendants' demurrer to the first, second, and fifth causes of action with leave to amend. Plaintiff did not file another amended com...

Excerpt: ... preventing Defendant from interfering with or obstructing her use of the road. REQUEST FOR JUDICIAL NOTICE Defendant's request for judicial notice is granted. EVIDENTIARY OBJECTIONS Plaintiff's objections to the Declaration of John Rekdal are overruled. Defendant has personal knowledge about his property and the state of the adjacent Ramsey properties during the time he has owned his property and can give lay opinions about his property. LEGAL S...

Excerpt: ...Cross-Defendants except Ifaomilekun. At a January 21, 2021 hearing, the Court noted that Ammec had not served Ifaomilekun with the cross-complaint, and the Court set an Order to Show Cause re Dismissal of Ifaomilekun on the cross-complaint for February 25, 2021. At the February 25, 2021 hearing, the Court noted that Ammec had filed a proof of service by mail showing service on The Prentice-Hall Corporation Systems, Inc. The proof of service did n...

Excerpt: ...r performance. On April 28, 2021, Plaintiffs moved to enforce the settlement. Plaintiffs seek a judgment of $49,800.84, plus $4,865.00 in attorney fees and $120.00 in costs. Defendants did not file an opposition. Courts may enter judgments pursuant to written settlements signed by the parties. (Elyaoudayan v. Hoffman (2003) 104 Cal.App.4th 1421, 1428; Code Civ. Proc., § 664.6.) Strict compliance with the statutory requirements is necessary befor...

Excerpt: ...s 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, subdivision (f) is disfavored and will only be sustained where the pleading is so bad that defendant or pl...

Excerpt: ...n. The complaint alleges (1) strict products liability; (2) negligent products liability; (3) breach of warranty; (4) negligence; and (5) violation of Civil Code section 1770. On March 19, 2021, IMA SPA and IMA NA (collectively, “Defendants”) filed a motion for summary judgment, or in the alternative, summary adjudication on the grounds that they did not design, manufacture, or distribute the allegedly defective tea bag filling machine and th...

Excerpt: ...021, Petitioner filed this motion for attorney fees in the amount of $7,560.00 plus $579.58 in costs. Respondent did not file an opposition. California courts apply the “lodestar” approach to determine what fees are reasonable. (See, e.g., Holguin v. DISH Network LLC (2014) 229 Cal.App.4th 1310, 1332.) This inquiry “begins with the ‘lodestar,' i.e., the number of hours reasonably expended multiplied by the reasonable hourly rate.” (PLCM...

Excerpt: ...for Does 1 and 2, respectively. On December 1, 2020, Defendants Auburn San Pedro LLC, M Lofts San Pedro LLC, Pan American Properties Inc., and Wood filed a demurrer and motion to strike. On December 3, 2020, Plaintiff filed a motion for leave to file a second amended complaint. On January 6, 2021, Plaintiff filed an amended notice of motion, changing the hearing date to February 10, 2021. On February 1, 2021, the Court set the hearing on the moti...

Excerpt: ...ndant Mahvash Mazgani on August 3, 2016, and RFPD Set No. 4, Nos. 1-3, 5-7, 9 and 10.” (Notice of Motion at p. ii.) The notice of motion also seeks an order concerning “Series 5 of Special Interrogatories (Ordered on May 17, 2019) and Series 4 of the Request for Production of Documents (Ordered on May 17, 2019).” (Notice of Motion at p. ii.) Moda states that Mazgani did not produce any responsive documents or responses. (Motion at p. 4.) Th...

Excerpt: ...California under the California Insurance Frauds Prevention Act (“IFPA”) for Defendants' alleged fraudulent health care claims. Plaintiff seeks statutory penalties. (Complaint ¶ 22.) On April 16, 2021, Defendants filed a special motion to strike under Code of Civil Procedure section 425.16. EVIDENTIARY OBJECTIONS Because this decision does not rely on the Declaration of Dr. Shahriar Rad, the Court does not rule on Plaintiff's objections. Def...

Excerpt: ...be confused about Plaintiff's employment and think he resigned from BRU when in fact he was terminated from BRU. Defendants argues that the signed agreement does refer to BRU under the name of Ultimate Paper Box Co, and that Plaintiff attached an incorrect agreement. Whether Plaintiff resigned or was terminated is a question of fact for the jury. The signed agreement includes BRU under the name Ultimate Paper Box Co as Plaintiff's employer. There...

Excerpt: ...A (collectively, “Defendants”) filed a motion to compel arbitration and stay the action pending completion of arbitration. On March 17, 2021, Chapman filed a motion to stay the action while the motion to compel arbitration was pending. That motion is now moot. 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) ...

Excerpt: ...and placed him in default. On November 27, 2019, the Court issued a proposed statement of decision awarding judgment for Cal Décor on the FAC's third cause of action and on the cross-complaint's seventh and tenth causes of action. The Court determined that the December 8, 2016 lease between Cal Décor and James Lee Jenkins was valid and enforceable. The proposed statement of decision awarded Cal Décor its costs of suit. On December 12, 2019, Ca...

Excerpt: ...r 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.) “[F]acts in support of each of the requirements of a statute upon which a cause of action is based must be specifically pled.” (Fisher v. San Pedro Peninsula Hosp...

Excerpt: ...tates 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, subdivision (f) is disfavored and will only be sustained where the pleading is so bad that defendant o...

Excerpt: ...s read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.) A special demurrer for uncertainty under Code of Civil Procedure section 430.10, subdivision (f) is disfavored and will only be sustained where the pleading is so bad that defendant or plaintiff cannot reasonably respond—i.e., cannot reasonably determine what issues must be admitted or d...

Excerpt: ...l order expelling Defendant as a member of Galerie Half, LLC for cause under Corporations Code section 17706.02, subdivision (e); and (7) accounting. On February 5, 2021, Defendant filed a petition to compel arbitration and stay the action pending the completion of arbitration, along with a memorandum of points and authorities. When seeking to compel arbitration of a plaintiff's claims, the defendant must allege the existence of an agreement to a...

Excerpt: ...t motion, Moda argues that the Mazganis did not comply with 22 discovery orders from January 17, 2017 to July 19, 2019. (Motion at p. 3.) Most of the motion rehashes the history of discovery disputes. Moda then asks for an order establishing “that Mahvash Mazgani did not return $735,000 in cash that she represents in her discovery responses as having been given to Mr. Moda.” (Motion at p. 7.) This motion covers the same ground as previous mot...

Excerpt: ...stained Defendant's demurrer to the third and fourth causes of action with leave to amend. Plaintiff did not file an amended complaint, and therefore the third and fourth causes of action are no longer part of this case. The Court also granted a motion to strike punitive damages, the request for attorney fees, and the request for mental suffering and emotional distress damages. On February 19, 2021, Defendant filed this motion for summary judgmen...

Excerpt: ...tion. Defendants filed a late opposition and a proposed protective order. Defendants generally do not object to Plaintiff's requests, but they contend that Request No. 12 is too broad. (Opposition at pp. 2-3.) 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 e...

Excerpt: ...omplaint (“SAC”) on January 12, 2021. On February 11, 2021, Defendants filed a demurrer and motion to strike. Plaintiff's request for judicial notice is granted. DEMURRER Defendants demur to the sixth, seventh, and fifteenth 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 ...

Excerpt: ... motion is denied. Defendant's MIL No. 2 Defendant moves to exclude golden rule arguments. The motion is granted as to asking the jury to put themselves into Plaintiff's shoes. Otherwise denied as the motion is too vague. Defendant's MIL No. 3 Defendant moves to exclude all evidence about events before Plaintiff began her probationary period on October 16, 2016 as irrelevant, misleading, and an undue consumption of time. Defendant argues that Pla...

Excerpt: ...filed fifteen declaration and several thousand pages of exhibits. Much of the evidence involved issues not material to this decision. Plaintiff filed thirty pages of objections to evidence and did not number the objections, making it extremely difficult to track them. Also Plaintiff's objections are filled with argument in violation of the rules on the format of objections. Likewise Defendants did not number their fifty-two pages of objections. T...

Excerpt: ...l equivalent to a general demurrer. (Lance Camper Mfg. Corp. v. Republic Indemnity Co. of Am. (1996) 44 Cal.App.4th 194, 198.) Like demurrers, motions for judgment on the pleadings challenge the legal sufficiency of the allegations, not their veracity. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) The Court “must accept as true all material facts properly pleaded, but does not consider conclusions of law or fact, opinions, s...

Excerpt: ... 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; a...

Excerpt: ...nt filed a demurrer to the fourth and fifth 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 and Fifth Causes of Action – No Statutory Basis Defen...

Excerpt: ..., the Court continued the hearing on the motion so Plaintiff could take the remote deposition of David Marais, Defendant's person most knowledgeable. The Court permitted Plaintiff to file a three-page brief regarding Marais's testimony along with evidence from the deposition. Following two stipulations to further continue the deadlines and hearing, Plaintiff's supplemental brief was due by May 4, 2021. Plaintiff did not file a supplemental brief ...

Excerpt: ...t. This motion will be heard on May 19, 2021. Before bringing a representative action under PAGA, a plaintiff must give written notice to the Labor and Workforce Development Agency (“LWDA”) and the employer stating the specific provisions alleged to have been violated, including the facts and theories to support the alleged violation. (Lab. Code, § 2699.1, subd. (a)(1)(A).) Defendant argues that “Plaintiff's LWDA notice is insufficient bec...

Excerpt: ...e hearing date, the Court might strike their answer and place them in default. By January 7, 2021, the two LLCs had not shown they had new counsel and had not shown good cause for failing to obtain new counsel. The Court continued the OSC to January 28, 2021 to give them additional time to obtain new counsel. The Court stated that by January 28, 2021, the LLCs need to retain counsel, and that if they had not retained new counsel by that date, the...

Excerpt: ...uary 29, 2021, Cross-Defendant filed this demurrer and motion to strike. Cross-Defendant's request for judicial notice is granted. DEMURRER Cross-Defendants demur to the first and second causes of action on the grounds that they fail to state sufficient facts and Hollywood Hair lacks standing. When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Cente...

Excerpt: ...case concerning Plaintiff's investment in the Plymouth project and Defendants' alleged fraud. Plaintiff argues that while a prior felony conviction may be admissible as character evidence, there is no conviction here. WME agrees to the proposed limitation except that if Plaintiff is convicted of a felony or if Plaintiff opens the door by testifying as to his reputation for honesty or credibility, the evidence may become admissible. Therefore, the...

Excerpt: ... Insurance Company, Liberty Mutual Insurance Company, and Edgewood Partners Insurance Center (“EPIC”). Plaintiffs later dismissed EPIC. On February 19, 2021, Wausau and Liberty (collectively, “Defendants”) filed this motion for summary judgment, or in the alternative, summary adjudication. The Court continued the hearing to allow the deposition of Wausau's PMK. After the deposition, the parties submitted supplemental briefs on the alter e...

Excerpt: ...reach of lease, and negligent infliction of emotional distress arising from a fire in Plaintiffs' apartment complex. On April 16, 2021, Gidi Cohen Enterprises Inc., Gidi Cohen, CGI Strategies, and Los Feliz Bliss LLC (collectively, “Defendants”) 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 dem...

Excerpt: ... filed a demurrer to the second, third, and fourth causes of action and a motion to strike. REQUEST FOR JUDICIAL NOTICE Defendants request that the Court take judicial notice of the Register of Action and September 3, 2020 Statement of Decision in Jennifer Peiying Lin, et al. v. Xing Wu, et al., Riverside County Superior Court Case No. RIC1719974. The request is granted. DEMURRER A demurrer for sufficiency tests whether the complaint states a cau...

Excerpt: ...erendos breached its contract with Interstate and awarded the entire amount of Interstate's invoices. On April 19, 2021, Berendos L.P., 235 Berendo L.P., and A Community of Friends (collectively, “Berendos”) filed a motion to bifurcate the causes of action between Berendos and Walton from the remaining causes of action. Philadelphia filed a notice of joinder to the motion. Liberty agrees to bifurcation if the parties agree to extend the five-...

Excerpt: ...nt (Defendants) “acknowledges that the insurance carrier may refuse to pay all or part of the attorneys' fees and costs billed to the insurance carrier under the Cumis counsel arrangement such that an arbitration or litigation may be necessary.” Plaintiff argues this provision means that the insurer's refusal to pay all of Plaintiff's bills is irrelevant to Defendants' duty to pay fees. Defendants argue the report is relevant because Plaintif...

Excerpt: ...sue because they were hired after the events in dispute in this case, which occurred in 2016. Defendant World had withdrawn Stoebling. Defendant World responds that it identified those witnesses when become aware of those witnesses, in an email on March 12, 2021. Defendant argues that Fitzgerald and Mann were not employees until after the close of discovery and Costa's role has changed, so that they would not have been proper witnesses at the tim...

Excerpt: ...rt granted in part and denied the motion. The order stated in part, “Any other communications between Pekarcik and Medrano or O'Connor, which are not related to documents obtained from Plaintiff Jensen's computer, and made to facilitate counsel's representation of Kerr come within the attorney-client privilege. Such documents, if withheld on the attorney-client privilege, must be specifically identified in a privilege log.” Thereafter, Kerr s...

Excerpt: ...urance Company (“Philadelphia”), Axis Surplus Insurance Company, Berendos L.P., and Interstate Restoration – California LP. On February 8, 2017, Berendos L.P., 235 Berendo L.P., and A Community of Friends (collectively, “Berendos”) filed a first amended cross-complaint (“FACC”). On January 23, 2019, Walton filed its FACC. On April 2, 2019, Walton filed its second amended cross-complaint (“SACC”). On November 9, 2020, the Court d...

Excerpt: ...tained Defendant's demurrer to the third and fourth causes of action with leave to amend. Plaintiff did not file an amended complaint, and therefore the third and fourth causes of action are no longer part of this case. The Court also granted a motion to strike punitive damages, the request for attorney fees, and the request for mental suffering and emotional distress damages. On February 19, 2021, Defendant filed this motion for summary judgment...

Excerpt: ... retaliation, all in violation of the Fair Employment and Housing Act (“FEHA”). Flores also alleged defamation. Plaintiffs later dismissed Sandoval and Huynh. On April 22, 2020, Defendant filed a motion for summary judgment, or in the alternative, summary adjudication. As an initial matter, Plaintiff argues that the Court should strike Defendant's separate statement and deny the motion because the separate statement “stands replete with pur...

Excerpt: ...�Defendants”). The FAC alleges 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 Co...

Excerpt: ... and retaliation, all in violation of the Fair Employment and Housing Act (“FEHA”). Plaintiffs later dismissed Sandoval and Huynh. On May 1, 2020, Defendant filed a motion for summary judgment, or in the alternative, summary adjudication. On April 23, 2021 Plaintiff filed a notice of errata and attached a corrected opposition. On April 27, 2021, Defendant filed an objection to Plaintiff's notice of errata, asking the Court to strike the oppos...

Excerpt: ...e of an agreement to arbitrate. (Condee v. Longwood Management Corp. (2001) 88 Cal.App.4th 215, 219 (Condee).) The burden then shifts to the opposing party 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 motion to compel arbitration unless the opposing party has waived the right to compel arbitration ...

Excerpt: ...stained 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. At the original hearing on April 9, 2021, the Court continued the motion...

Excerpt: ...ss Insurance Company, Liberty Mutual Insurance Company, and Edgewood Partners Insurance Center (“EPIC”). Plaintiffs later dismissed EPIC. On February 19, 2021, Wausau and Liberty (collectively, “Defendants”) filed this motion for summary judgment, or in the alternative, summary adjudication. REQUEST FOR JUDICIAL NOTICE Defendants' Request Nos. 1-8, 11, 12, 32-35, 40-42 and A-J are granted, but the Court does not take notice of the truth o...

Excerpt: ...n April 12, 2021. Plaintiff's opposition to the motion exceeded the page limits by using too-small font in very lengthy, single-spaced footnotes. (See California Rules of Court, rule 2.104 [font size must not be smaller than 12 points]; California Rules of Court, rule 3.113(d) [opposition may not exceed 15 pages].) Long arguments in footnotes in very small font is not a winning strategy. If the arguments are important enough to be in a brief, the...

Excerpt: ...nd neglect, violation of the Patient's Bill of Rights, and wrongful death. “The parties 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 January 13, 2021, 1440 South Euclid and Cambridge (collectively, “Defendants”) filed this motion to compel arbitratio...

Excerpt: ..., 2017, September 5, 2017, September 12, 2017, September 26, 2017, November 16, 2017, January 26, 2018, March 22, 2018, March 23, 2018, April 9, 2018, August 24, 2018, April 10, 2019, May 13, 2019, and May 17, 2019. This is not the first time Moda has filed a motion for terminating sanctions. On June 7, 2019, Moda filed with the discovery referee a motion for terminating sanctions arguing that the Mazganis had failed to copy with discovery orders...

Excerpt: ...to that exhibit on the exhibit list or object at the time Defendant attempts to use the document. Plaintiffs must be prepared to show they requested the document during discovery. At this point, the motion is DENIED. Plaintiffs' MIL No. 2 Plaintiffs move to exclude evidence about offsets arising from events before the forbearance agreement because the agreement states the agreed-upon amount of debt. Defendant argues that he signed the guaranty un...

Excerpt: ...ligence; (5) negligent hiring, retention, and supervision; (6) negligent infliction of emotional distress; and (7) intentional infliction of emotional distress; (8) violation of the Unruh Civil Rights Act. On July 28, 2020, Defendant filed this motion for summary judgment, or in the alternative, summary adjudication, along with a motion to seal. On April 8, 2021, Plaintiff filed her opposition and a motion to seal. On April 16, 2021, Defendant fi...

Excerpt: ...R COMPANY” moves for judgment on the pleadings. The first page of the memorandum states, “Defendant Ford Motor Company (“Ford”) moves to dismiss Plaintiff's Complaint . . . . The Complaint should be dismissed, with prejudice as to Defendant Ford.” (Motion at p. 1.) The motion addresses the six causes of action alleged against FMC. Keller Ford did not file a motion for judgment on the pleadings and was not a party to FMC's motion. Keller...

Excerpt: ...er 1, 2020, Defendant 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 allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406 (Nolte).) A special demurrer for uncertainty under Code of ...

Excerpt: ... claim in information about its sales from August 2016 to August 2017 and an article about restaurant industry financial benchmarks. Defendants argue Plaintiff's claimed lost profits are speculative because they are based on information from a year later, and the information does not take into account a ramp-up period after reopening. In opposition, Plaintiff first points out the motion in limine was filed late. If Plaintiff needs additional time...

Excerpt: ...iled a memorandum of costs, requesting $499.74 in costs. On February 16, 2021, Petitioner filed this motion to tax costs. First, Petitioner argues that Respondent was not the prevailing party under Code of Civil Procedure section 1032, subdivision (b). That section states a prevailing party is “the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any...

Excerpt: ...ciation. On January 25, 2021, Gregory Funding and AJAX (collectively, “Defendants”) filed this motion for summary judgment or, in the alternative, summary adjudication. REQUEST FOR JUDICIAL NOTICE Defendants' request for judicial notice in support of their motion is granted. Defendants' request for judicial notice in support of their reply is granted except for the obituary from a newspaper, which is not a proper subject of judicial notice. E...

Excerpt: ...attorney- client privileged communications and other confidential documents. (Jensen Decl. ¶¶ 3-5.) At Kerr's deposition, she testified that she still has copies of documents, and some documents were used as exhibits at Jensen's deposition. (Smith Decl. ¶¶ 2-3 & Ex. E at pp. 160-161, 188-189, 212-213.) Jensen and his counsel declare that the confidential documents were never returned. (Jensen Decl. ¶¶ 8-11; Smith Decl. ¶ 5; Fishbein Decl. ...

Excerpt: ...Board of Trustees of California State University. On September 30, 2020, Defendant filed a motion for summary judgment, or in the alternative, summary adjudication. REQUEST FOR JUDICIAL NOTICE Defendant's request for judicial notice is granted. EVIDENTIARY OBJECTIONS Defendant's Objection Nos. 5, 6, 7, 13, 20, 21, 30, 31, 35, 39 are sustained. The remainder are overruled. BACKGROUND FACTS Plaintiff is 53 years old and self-identifies as Asian, Fi...

Excerpt: ...ustained Strada's demurrer to first cause of action in which Plaintiff sought a judicial determination regarding its entitlement to maintain possession of the premises based on Plaintiff's contention that the term of the lease had been extended. Because Plaintiff had not attached a copy of the lease and had not quoted all relevant portions verbatim, the Court sustained the demurrer “with leave to amend to attach a copy of the lease or quote all...

Excerpt: ...ing a hearing on April 9, 2021. On December 22, 2020, the Court denied Osmont's request for a fee waiver. On January 6, 2021, the Court ordered Osmont stricken from the demurrer due to nonpayment of fees. The Court therefore addresses the demurrer only as to Goodlett. REQUEST FOR JUDICIAL NOTICE Goodlett requests judicial notice of “[t]he existence of the pending appeal of the unlawful detainer matter in 4425 Maplewood, LLC v. Manuela Osmont, J...

Excerpt: ...6 (“anti-SLAPP motion”) as to the first through fourth causes of action. Cross-Complainant appealed. The Court of Appeal reversed and awarded Cross-Complainant his costs on appeal. Remittitur issued on November 10, 2020. On December 21, 2020, Cross-Complainant filed a memorandum of costs on appeal and a motion for attorney fees and costs, and on January 8, 2021, he refiled the memorandum of costs and motion. Cross-Complainant seeks $57,300.33...

Excerpt: ...Medrano. On June 25, 2018, Kerr filed a first amended cross-complaint (“FACC”) against Jensen. On November 1, 2019, Jensen filed a motion for summary adjudication of the FACC's first, third, fifth, and sixth causes of action. On January 20, 2021, Kerr filed a motion for summary judgment, or in the alternative summary adjudication, of Jensen's SAC. LEGAL STANDARD For each claim in the complaint, the defendant moving for adjudication must satis...

Excerpt: ...Keith Healy (“Healy”), Mirada Park LLC (“Mirada Park”), Steven Schneider (“Schneider”), Stuart Manashil (“Manashil”), and William Morris Endeavor Entertainment LLC (“WME”). Plaintiff later dismissed Healy and Woodlawn. On November 22, 2019, WME filed a motion for summary judgment, or in the alternative, summary adjudication. EVIDENTIARY OBJECTIONS The Court does not rule on Plaintiff's objection Nos. 1-4 because the evidence o...

Excerpt: ...rrer 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 allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.) Economic Loss Rule Defendants demur to the fourth cause of action for fraudulent inducement...

Excerpt: ...and Crystal's attorney Rosen and what was said concerning whether Acrisure would sue Crystal. Wood alleges Crystal did not hire him because Michelman falsely told Rosen that Wood had restrictive covenants in place and Acrisure would sue if Wood solicited clients for Crystal. The testimony at issue is at pp. 63:15-64:20, 86:10-88:8, 88:13-19, 90:4-12, and 99:3-22, and an August 10, 2016 email. First, Acrisure argues Rosen's testimony must be exclu...

Excerpt: ...or objections to evidence, especially because the objections are baseless. For example, Defendant objects that Plaintiff's counsel's declaration lacks foundation and contains hearsay because she discusses the contents of Plaintiff's repair documents and states Defendant is not producing documents about those defects. Counsel's explanation about what the repair documents show about the alleged defects and her statement that Defendant is not produc...

Excerpt: ...ospective economic advantage. “The parties 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. REQUEST FOR JUDICIAL NOTICE Plaintiffs' and Defendants' requests for judicial notice are granted,...

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 December 17, 2020, Janak and Dipak (collectively, “Defendants”) each filed substantially similar motions for summary judgment, or in the alternative, summary adjudication. Plaintiff filed separate oppositions to Defendants' motions. Each opposit...

Excerpt: ...the Fair Employment and Housing Act (“FEHA”); (2) hostile work environment harassment on the basis of disability in violation of FEHA; (3) retaliation in violation of FEHA; (4) failure to provide reasonable accommodation in violation of FEHA; (5) failure to engage in the interactive process in violation of FEHA; (6) failure to prevent discrimination, harassment, and retaliation in violation of FEHA; (7) breach of express oral contract not to ...

Excerpt: ...ng to the complaint, Jaman Properties 8 LLC was the seller and developer of the property, with its affiliate and codeveloper Jaman Properties, Inc., and its managing member Michael Manheim. Harris- Anderson was the general contractor, and Harms Concrete Construction, Inc. was a subcontractor. The status of Harms Concrete is unclear. It was served with the complaint on October 10, 2018, and the first amended complaint on October 14, 2020, but ther...

Excerpt: ...hereafter, Fuga served Plaintiff with a motion for sanctions under Code of Civil Procedure section 128.7, and it served an amended motion for sanctions on February 26, 2021. (Pruzansky Decl. ¶¶ 3-5.) On March 3, 2021, Plaintiff filed a motion for leave to amend the complaint. Fuga's objections to Plaintiff's evidence submitted in reply are sustained. The Court may, in its discretion and after notice to the adverse party, allow an amendment to a...

Excerpt: ...cause of action for general negligence is duplicative of the sixth cause of action for medical negligence. 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 demurrer to a cause of action that adds nothing to the complaint by way of fact or theory of recovery should be sustained. (Rodrigues v. Campbell In...

Excerpt: ... instructed not to answer a number of questions. Plaintiff argues that when the witness reviewed the transcript and made corrections, he substantively changed 22 deposition answers. Plaintiff's motion did not identify the 22 questions to which answers were changed. This made it difficult to piece together the questions and changed answers. The Court had to read the three deposition transcripts and flip back and forth to the errata sheet containin...

Excerpt: ...ebruary 16, 2020, Plaintiff filed a Pitchess motion. On March 3, 2021, the City filed a demurrer, and Defendants filed 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....

Excerpt: ... FEHA; (4) failure to prevent discrimination and retaliation in violation of FEHA; (5) failure to provide reasonable accommodation in violation of FEHA; (6) failure to engage in a good fair interactive process in violation of FEHA; (7) wrongful termination in violation of public policy; (8) intentional infliction of emotion distress; (9) negligent hiring and supervision; (10) failure to pay wages under the Labor Code; and (11) waiting time penalt...

Excerpt: ...ary 23, 2021, Roudier served this motion to compel the production of documents and for sanctions. Document Production LTM, now known as Private Internet Access (“PIA”), argues it is producing documents, including responsive emails in the possession of Lee, in response to 43 of the 49 document requests. PIA states it will have the responsive documents produced by April 30, 2021. PIA does not dispute that the vast majority of requests call for ...

Excerpt: ...l Transport Case No. BC712869, which covered claims for the same class for the period through July 31, 2019, as well as another case covering an earlier period, the claims in this case cover only August 1, 2019 through July 25, 2020. To avoid lengthy litigation over a case involving a year-long period, the parties agreed to an early mediation. Defendant provided substantial informal discovery, and on April 13, 2020, the parties participated in a ...

Excerpt: ...ovember 25, 2020, Cross-Defendants filed a motion to file under seal certain documents that Wood submitted with his opposition to the motion for summary judgment. Cross-Defendants seek to file under seal certain documents that are subject to the August 16, 2017 protective order. The Court may order that a record be filed under seal only if it finds that (1) there is an overriding interest that overcomes the right of public access to the record, (...

Excerpt: ...) negligence; (2) negligent hiring, supervision, and retention; (3) violation of the Unruh Civil Rights Act; (4) violation of the Ralph Act; (5) assault; and (6) intentional infliction of emotional distress. On December 14, 2020, G&B and RT Pasad (collectively, “Defendants”) filed a motion for summary judgment, or in the alternative, summary adjudication. EVIDENTIARY OBJECTIONS Defendants' Objection Nos. 1-2 and 9 are sustained as to hearsay....

Excerpt: ...�) on December 6, 2019, naming Ngo Thanh Phan and Nguyen T. Phan (collectively, “Phans”), among others, as Cross-Defendants. On February 24, 2020, the Phans filed an answer to the cross-complaint. On July 27, 2020, Saroyan filed a second amended cross- complaint (“SACC”). On February 24, 2020, Ngo Thanh Phan and Nguyen T. Phan filed a cross-complaint against Saroyan, Lin, and KW for equitable implied indemnity, declaratory relief, and con...

Excerpt: ...er 16, 2020, Plaintiff substituted Rich Hoegler and Megan Miss for Does 1 and 2, respectively. On December 1, 2020, Defendants Auburn San Pedro LLC, M Lofts San Pedro LLC, Pan American Properties Inc., and Bridgette Wood (collectively, “Defendants”) filed a demurrer and motion to strike. Plaintiff filed an opposition on February 25, 2021, and an amended opposition on March 1, 2021. On December 3, 2020, Plaintiff filed a motion for leave to fi...

Excerpt: ...uctive fraud; (4) negligence; (5) negligent hiring, supervision, or retention of employee; and (6) accounting. On December 18, 2020, Kavis filed a motion for summary judgment. EVIDENTIARY OBJECTIONS Defendant's Objection No. 1 is sustained. Defendant's Objection No. 2 is overruled. BACKGROUND FACTS Plaintiff is a court appointed administrator of the Estate of Pierrino Michaele Mascarino . (Undisputed Material Facts “UMF” 1.) Plaintiff alleges...

Excerpt: ...cts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.) Cross-Defendant contends that Cross-Complainant improperly combines allegations for fraud based on concealment and transmission of herpes with allegations for fraud based on concealment of Cross-Defendant's mental condition, substance abuse problems, and motives for a relationship. (Demurrer at p. 5.) However, Cross-Defendant also states, “ROE has alleged tha...

Excerpt: ...rties appear to have not engaged in any meaningful meet and confer efforts. On December 3, 2020, Plaintiff filed this First Amended Motion to Compel against Pan American, along with a First Amended Separate Statement, set for hearing on February 2, 2021. No proofs of service are attached to the motion to compel or to the First Amended Separate Statement. Plaintiff did not file any proof of service showing service of these documents on Pan America...