Excerpt: ...nna Ellakkany filed a Memorandum of Costs. On February 10, 2023, the Court GRANTED Peter J. Marcus's and Viiu Spangler Khare's Motion to be Relieved as counsel for Defendants Anna Ellakkany and Ahmed Elsayed Ellakkany. On February 24, 2023, Plaintiff filed a Motion to Strike or Tax Costs. The motion was served on Defendants Ahmed Elsayed Ellakany and Anna K. Ellakkany by mail. The hearing was continued to allow Plaintiff to server the Motion on A...

Excerpt: ...n (pregnancy); 2) Disability/Medical Condition Discrimination; 3) Failure to Provide Reasonable Accommodation; 4) Violation of California Family Rights act; 5) CFRA Rights Retaliation; 6) Failure to Permit Use of Available Sick Leave; and 7) Wrongful Termination. On March 30, 2023, Defendants moved to Compel Arbitration and Stay the Action. Plaintiff filed opposing papers on May 09, 2023. On June 08, 2023, Defendants filed a reply. On June 08, 20...

Excerpt: ...Campos and Does 1 to 10 for: 1) Open Book Account 2) Account Stated The Complaint seeks damages in the amount of $56,611.43. On February 10, 2023, Plaintiff filed a Motion for Summary Judgment, or Summary Adjudication in the alternative. Defendant filed opposing papers on May 19, 2023. Plaintiff filed a reply on June 05, 2023. LEGAL STANDARD The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechan...

Excerpt: ...on of the Magnuson-Moss Warranty Act On March 22, 2023, Defendant Volkswagen filed a Motion for Summary Judgment, or Summary Adjudication in the alternative. Plaintiff filed opposing papers on May 22, 2023 Defendant Volkswagen filed a reply on June 02, 2023. The hearing was continued and is the matter is now before the Court. LEGAL STANDARD The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechani...

Excerpt: ...ss-Complaint alleging causes of action for: 1) Breach of Contract; 2) Fraud/Intention Misrepresentation; 3) Violation of Contractors' State License Law; and 4) Breach of Guaranty. On June 01, 2023, the Court granted Cross-Complainant's ex parte request to shorten the time to hear a Motion for Leave to File a First Amended Cross-Complainant. The hearing on the Motion is now before the Court. LEGAL STANDARD Leave to amend is permitted under Code of...

Excerpt: ...wer Solar, Inc., John Bleem, and Does 1 through 100. The FAC alleges causes of action for: 1) Discrimination on the Basis of Disability in Violation of FEHA; 2) Harassment on the Basis of Disability in Violation of FEHA; 3) Failure to Provide Reasonable Accommodation in Violation of FEHA; 4) Failure to Engage in the Interactive Process; 5) Retaliation for Engaging in a Protected Activity in Violation of FEHA; 6) Failure to Prevent Discrimination,...

Excerpt: ...al. The First Amended Complaint alleges causes of action for: 1) Quiet Title; 2) Declaratory Relief; 3) Slander of Title; 4) Fraud; 5) Intentional Infliction of Emotional Distress; 6) Negligence; and 7) Implied and Equitable Indemnity. On August 03, 2022, Sannette Gite filed a Cross-Complaint against U.S. National Bank, Mara Enterprises (“Mara”), Velocity Commercial Capital, LLC (“Velocity”); Estate of Yong Hwa Chung; et al. The operative...

Excerpt: ... of action for: 1) Injunctive relief; 2) Declaratory relief; 3) Nuisance; 4) Payment of Dues and Assessments; 5) Common Counts; and 6) Account Stated. On December 23, 2019, default was entered as to Defendant Mark Hassan (hereinafter “Defendant”). On February 5, 2020, Does 1 through 50 were dismissed without prejudice. On February 26, 2020, the Court GRANTED Plaintiff's request for Default Judgment, including Plaintiff's request for a monetar...

Excerpt: ...mpetition Law; and 6) Failure of Consideration. On April 27, 2023, Defendants filed a Motion to Compel Arbitration. Plaintiff filed opposing papers on May 25, 2023. Defendants filed a rely on June 01, 2023. LEGAL STANDARD Parties may be compelled to arbitrate a dispute upon the court finding that: (1) there was a valid agreement to arbitrate between the parties; and (2) said agreement covers the controversy or controversies in the parties' disput...

Excerpt: ...rranty; 2) Violation of the Song-Beverly Act, Breach of Implied Warranty; 3) Fraudulent Inducement – Concealment; and 4) Fraudulent Inducement- Misrepresentation. On October 07, 2022, Defendant Kia filed a Motion for Summary Adjudication of Plaintiff's Third and Fourth Causes of Action and Claim for Punitive Damages. Plaintiff filed opposing papers on January 23, 2023. Plaintiff's opposition was based on the fact that Defendant had not provided...

Excerpt: ...rant summary judgment if all the evidence submitted, and 'all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgmentas a matter of law." (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.) "The function of the pleadings in a motion for summary judgment is to delimit the scope ...

Excerpt: ...e section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and 'all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material factand that the moving is entitled to judgment as a matter of law." (Adler v. Manor Healthcare corp. (1992) 7 CalApp.4th 1110, 1119.) "On a motion for summary judgment...

Excerpt: ...reciprocal exchange" is denied. Defendants' request for sanctions is DENIED. Legal Standard A court order is required to obtain a party s mental examination. (Code Civ. Proc. S 2032.310(a).) Such an order may be made only after notice and hearing, and for "good cause shown." i (Code Civ. Proc., SS 2032.3100, The motion must state the time, place, identity and specialty ofthe examiner, and the "manner, conditions, scope and nature of the Civ. Proc...

Excerpt: ...ncisco Renteria is also ordered to provide verified responses to the request for production of documents, form interrogatories, and special interrogatories within 30 days of this order. Plamtiffs request for sanctions in connection With the motions to compel responses to discovety is GRANTED. Defendant Juan Francisco Renteria and counsel of record Christopher Dull are ordered to pay monetary sanctions in the amount of $420 within 30 days of this ...

Excerpt: ...nt may move for judgment on the pleadings where the complaint does not state facts sufficient to constitute a cause of action against that defendant (Code Civ. Proc., S 438 subd. A non- statutory motion for judgment on the pleadings may be made any time before or during trial. (Stoops v.Abbassi (2002) 100 Cal.App.4th 644, 650.) "Such motion maybe made on the same ground as those supporting a general demurrer, i.e., that the pleading at issue fail...

Excerpt: .... Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) CCP Section 437c(c) "requires the trial judge to grant summary judgment if all the evidence submitted, and 'all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgmentas a matter of law." (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4...

Excerpt: ... the same judge or court that made the order, to reconsider the matter and modi$, amend, or revoke the prior order. The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown." (Code Civ. Proc., S 1008(a).) A trial court has discretion with respect to granting a motion for recon...

Excerpt: ...l material facts properly pleaded, but not contentions, deductions or conclusions of fact or law ...." (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525).) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994).) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters; therefore, it lies only whe...

Excerpt: ...trike 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., S 436; Stafford v. Shultz (1954) 42 Cal.2d 767, 782.) Meet and Confer The motion to strike is accompanied by the declaration of Demian M. Casey, which satisfies the meet and confer requirement (Code Civ. Proc. 5 435.5.) Discussion Defendants Hur and Yoon move to strike portions of Plainti...

Excerpt: ...intly and severally, within 30 days of this order. Plamtiffs requestfor sanctions is DENIED. Legal Standard "In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff if both of the following conditions are satisfied: (1) The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive; (2) The examination is conducted a...

Excerpt: ... this order. Defendant's request for sanctions is GRANTED. Plaintiffs Sanjuana Rivas, Lupe Cruz, Mana Martinez, Juan Castillo, Ruben Castillo, Elairos Castillo, Dodora Castillo, Maria Castillo, and Juvenal Castillo and attorney of record, Gilbert Quinones, are ordered to pay $591.65 in monetary sanctions, jointly and severally, within 30 days of this order. Legal Standard Compel RPDs VVhere there has been no timely response to a demand for the pr...

Excerpt: ...ed. Defendant's request for sanctions is GRANTED. Plaintiff Edvin Asatori and counsel of record Arno Mehrabi are ordered to pay sanctions to Defendant in the amount of S555 unthin 30 days of this order. Legal Standard Compel Interrogatories If a party to whom interrogatories are directed fails to sewe a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. (Code Civ. Proc„ S 2030.290, sub...

Excerpt: ...ful; the detriment to the propounding party; and the number of formal and informal attempts to obtain the discovery.'" (Los Defensores, lnc v. Gomez (2014) 223 CalApp.4th 377, 390 (quoting Lang v. Hachman (2000) 77 Cal.App.4th 1225, 1246).) "Generally, '[a] decision to order terminating sanctions should not be made lightly. But where a violation is willful, preceded by a history of abuse, and the evidence shows that less severe sanctions would no...

Excerpt: ...ial facts properly pleaded, but not contentions, deductions or conclusions of fact or law ...." (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525).) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994).) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters; therefore, it lies only where the ...

Excerpt: ...er excusable circumstances"; (2) the addition of a new party depriving the new party (or other parties) from conducting discovery and preparmg for trial; (3) "excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts"; or (4) "[a] significant unanticipated change in the status of the case" preventing it from being ready for trial. (Id„ Rule 3.1332(c).) Other relevant considerations may inclu...