Excerpt: ...ers and Hector Pelayo (collectively, “Defendants”), alleging (1) discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) harassment in violation of FEHA; (3) retaliation in violation of FEHA; (4) failure to provide reasonable accommodations in violation of FEHA; (5) failure to engage in the interactive process in violation of FEHA; (6) failure to prevent discrimination and retaliation in violation of FEHA; (7) dec...

Excerpt: ... 27, 2021, Plaintiff Djamileh Mahjoubi filed a first amended complaint (“FAC”) against Defendant David E. Fermelia M.D. Pending before the Court are several discovery motions. MOTION TO QUASH NOTICE OF DEPOSITION On March 14, 2023, Defendant served a notice of deposition on Plaintiff, noticing a deposition date of May 3, 2023. (Motion, Ex. A.) On May 2, 2023, Plaintiff filed a motion to quash the notice of deposition and request for protectiv...

Excerpt: ... warranties arising from the purchase of an allegedly defective vehicle. On October 11, 2023, Plaintiff noticed the deposition of Defendant's person most knowledgeable (“PMK”), for a deposition on November 1, 2023. On October 25, 2023, Defendant served objections. On October 30, 2023, Plaintiff sent Defendant a meet-and-confer letter requesting alternative deposition dates. Defendant did not provide dates, and it stated that a PMK would be pr...

Excerpt: ...FIVE Dept. 48 8:30 a.m. December 19, 2023 On July 9, 2020, Plaintiff Hilda Rodriguez-Guzman filed this action against Defendants The Accelerated Schools and Johnathan Williams. On October 25, 2023, Defendants filed a motion for summary judgment, noticing a hearing date of January 9, 2023. On November 20, 2023, Plaintiff filed motions to compel Defendants' responses to Requests for Production of Documents, Sets Four and Five. Trial is set for Marc...

Excerpt: ...Defendant Christina Hayek, alleging (1) intentional interference with prospective economic relations, (2) intentional interference with contractual relations, (3) unfair business practices, and (4) defamation per se. On July 23, 2021, the Court denied Defendant's anti-SLAPP motion. On May 8, 2023, the Court of Appeal reversed and remanded for the trial court to conduct a second step anti- SLAPP analysis. Defendant was awarded her costs on appeal....

Excerpt: ...tion against Defendant American Honda Motor Co. Inc., arising from his purchase of an allegedly defective vehicle. On September 1, 2023, Defendant filed a motion to compel Plaintiff's deposition and a motion to compel vehicle inspection. MOTION TO COMPEL DEPOSITION On December 20, 2022, Defendant served a Notice of Deposition for January 17, 2023. (Chang Decl. ¶ 2.) On February 7, 2023, Plaintiff served objections. (Chang Decl. ¶ 3.) From Febru...

Excerpt: ... the Court granted Plaintiff's motion for evidentiary sanctions and prohibited Defendant from introducing witnesses regarding the condition of the property, the cause of the conditions of the property, the citations, or any attempts to abate the conditions at the property. Defendant did not oppose that motion or appear at the hearing. On October 25, 2023, Plaintiff noticed the deposition of Defendant's PMK on November 8, 2023. (Littlefield Decl. ...

Excerpt: ...C dba Mr. Cooper. On October 19, 2023, Defendant filed an answer. Plaintiffs use a form complaint for actions based in contract. At Page 2, Item 8, Plaintiffs checked the boxes for Breach of Contract, Other (specifying “Fraud, Identity Theft”), and “Other Allegations.” The Other Allegations are listed as “negligence,fraud,breachofcontract,breachoftheimpliedconsent of goodfaithandfairdealing,violationCalifornia ConsumerProtectionAct and ...

Excerpt: ...ed a verdict in favor of Defendants AutoZoners LLC, AutoZone Inc., and AutoZone West LLC and against Plaintiff Richard Pastore. On November 13, 2023, Plaintiff filed a motion to disqualify Defendants' counsel's firm. The Court entered judgment on November 21, 2023. EVIDENTIARY OBJECTIONS Defendant's Objections to the Declaration of Anthony Nguyen are overruled. DISCUSSION “‘A trial court's authority to disqualify an attorney derives from the ...

Excerpt: ...er employment. On April 3, 2023, Defendant filed a motion to compel arbitration. EVIDENTIARY OBJECTIONS Plaintiff's Objections to the Declaration of Eric Fox are overruled. “For purposes of a petition to compel arbitration, it is not necessary to follow the normal procedures of document authentication. ‘[T]he court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the co...

Excerpt: ...nts Nina's Cafe, Inc. and Libasky Johanina Gutierrez-Tobar. On April 1, 2022, the Court entered judgment in favor of Plaintiff and against Defendants, jointly and severally, in the amount of $54,500.00 plus $1,685.00 in attorney fees and costs. On June 20, 2023, the Court denied Plaintiff's motion to amend the judgment, finding that Plaintiff had not proven that there would be an inequitable result if Nina's Cafe Bar, Inc. was not added as a judg...

Excerpt: ...discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) retaliation in violation of FEHA; and (3) failure to prevent discrimination and retaliation. On August 31, 2023, Defendant filed a motion for summary judgment, or in the alternative, summary adjudication. EVIDENTIARY OBJECTIONS A. Plaintiff's Objections Defendant's Separate Statement: Overruled. Declaration of Marlon Marrache: Overruled. To the extent that Plaint...

Excerpt: ...pany (“Defendant”). Plaintiff alleges that Defendant used the animated television series “American Dad!” to send him coded death threats. (Complaint, 2:14-16.) On November 6, 2023, Plaintiff filed their Motion to Strike[1] (“Motion”). No opposition nor reply brief was filed. DISCUSSION Meet and Confer – “Before filing a motion to strike pursuant to this chapter, the moving party shall meet and confer in person or by telephone with...

Excerpt: ...beth P. filed this action against Downey Unified School District. In response to Form Interrogatories about injuries and the treaters for injuries, Doe L.P. alleged emotional distress, depression, and anxiety, which she sought mental health treatment for. (Motions at p. 3; Ovitz Decl. ¶ 3, Ex. A.) On September 25, 2023, Defendant issued deposition subpoenas for production of business records to non-parties South Central Los Angeles Regional Cent...

Excerpt: ...plaint against Defendant Joan Plotkin (individually and as trustee of Plotkin Trust Agreement Dated August 28, 1991). On June 1, 2023, Defendant served Request For Production of Documents, Set One; Form Interrogatories, Set One; and Special Interrogatories, Set One. Plaintiffs provided unverified responses on July 2, 2023. Defendant requested verified responses and granted Plaintiffs an extension. When no verified responses were provided, Defenda...

Excerpt: ...dant The Regents of the University of California (erroneously also named as UCLA Health Systems and Ronald Reagan Hospital Department of Pharmacy). On May 10, 2023, Defendant filed a demurrer and motion to strike. On August 15, 2023, Plaintiff filed both a Notice of Limited Scope Representation and a Substitution of Counsel, identifying Michael J. Callon as Plaintiff's new legal representation. On August 22, 2023, neither Plaintiff nor her counse...

Excerpt: ...Industrial Inspection and Eduardo Avalos, alleging (1) judicial dissolution of partnership; (2) breach of contract; (3) breach of the covenant of good faith and fair dealing; (4) breach of fiduciary duty; (5) failure to produce corporate records; (6) fraud; (7) negligent misrepresentation; (8) conversion (erroneously numbered as seventh cause of action); (9) accounting (erroneously numbered as eighth cause of action); and (10) declaratory relief ...

Excerpt: ...m. The Complaint seeks only declaratory relief about attorney liens in two other cases. On October 31, 2023, Defendants filed a 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 14...

Excerpt: ...ction against Y&Y New Hampshire Inc. (“Y&Y”) and I Park Inc. (“I Park”) for violations of building standards. The complaint alleges that Y&Y was the developer responsible for the construction and sale of the property, and I Park was a builder. On April 12, 2022, I Park filed a cross-complaint against Y&Y, alleging (1) implied contractual indemnity; (2) equitable indemnity; (3) express indemnity; (4) breach of express and implied warrantie...

Excerpt: ...ies LLC to the second amended complaint (“SAC”). On September 5, 2023, Plaintiffs Sok Hun Yun and Sun Yung Ahn filed a third amended complaint (“TAC”). On October 3, 2023, Defendants filed a demurrer to the second, third, and fourth causes of action. Plaintiffs did not file an opposition. 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 demur...

Excerpt: ...ainst Defendant Barrington Pacific LLC for violation of the Investigative Consumer Reporting Agencies Act (“ICRAA”). This action was later related and consolidated with Case Nos. 20STCV43014, 20STCV43044, 20STCV45444, 20STCV45446, 20STCV45447, 20STCV45449, 20STCV45453, 20STCV45456, 20STCV45457, 20STCV45497, 20STCV45499, 20STCV45500, 20STCV45506, 20STCV45507, 20STCV45511, 20STCV45513, 20STCV45514, 20STCV45542, 20STCV45554, 20STCV45561, 20STCV4...

Excerpt: ...ng Freight LLC and Grace Hsiao Hui. The motion primarily relied on Defendants' deemed admissions. On March 30, 2023, Defendants filed a motion to withdraw their deemed admissions. On July 27, 2023, the Court denied Plaintiff's motion and granted Defendants' motion “without prejudice to any noticed motion the Plaintiff may bring to make payment of attorney fees and costs to the Plaintiff – by one or both of the Defendants (or the estate of the...

Excerpt: ...rmerly known as California Home Finance Authority) and others. On March 7, 2023, Defendant filed a special motion to strike under Code of Civil Procedure section 425.16 (“anti-SLAPP motion”). REQUEST FOR JUDICIAL NOTICE The request for judicial notice of Exhibits A-D is denied as irrelevant. The request for judicial notice of Exhibits E-I is also denied. These orders are unpublished and nonprecedential. (See Santa Ana Hospital Medical Center ...

Excerpt: ...inst Defendants Hyph (USA) Inc., Xhail Inc., Hyph Corporation, Max Renard, Anders Thorsell, Andreas Carlsson, and Alex Dessauer. The SAC alleges (1) breach of fiduciary duty; (2) fraud; (3) violations of Corporations Code section 25401; and (4) declaratory relief. On April 28, 2023, Defendants filed a motion to dismiss or stay the action. EVIDENTIARY OBJECTIONS Plaintiff's Objection Nos. 1-2, 4-7, 10-13: Overruled. Plaintiff's Objection No. 3: Su...

Excerpt: ...st Defendant City of Palmdale. The judgment consists of $ $450,000.00 “made payable jointly to BEHEN and BEHEN's legal counsel, for non-wage based damages and attorneys' fees, with interest thereon at the legal rate from the date of judgment until paid”; $150,161.00 “made payable to BEHEN with interest thereon at the legal rate from the date of judgment until paid”; and $95,000.00 “made payable to BEHEN as a severance payment of salary ...

Excerpt: ..., and John Swain, alleging (1) wrongful termination in violation of public policy (Star); (2) discrimination, harassment, and retaliation in violation of the Fair Employment and Housing Act (“FEHA”) (Star); (3) harassment in violation of FEHA (Inman and Swain); (4) meal and rest break violations (Star); (5) whistleblower retaliation (Star); (6) failure to provide accurate wage statements (Star); (7) intentional infliction of emotional distres...

Excerpt: ...modal Logistics, Inc. and RoadOne LogisticSolutions, Inc. On September 20, 2023, Defendants filed a motion to dismiss pursuant to a contractual forum selection clause. REQUEST FOR JUDICIAL NOTICE Defendant's request for judicial notice of the parties' contract is granted. The Complaint references the parties' contract, so it is an appropriate matter for judicial notice. (See Align Technology, Inc. v. Tran (2009) 179 Cal.App.4th 949, 956, fn. 6.) ...

Excerpt: ...fendant State National Insurance Company, Inc. and others. On March 30, 2023, Defendant filed a demurrer to the eighth cause 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...

Excerpt: ...eles and UNITE HERE Local 11 (“Union”), alleging (1) breach of contract; (2) breach of the covenant of good faith and fair dealing; (3) declaratory relief; (4) interference with contract; and (5) interference with prospective economic advantage. On August 11, 2023, the Union filed a special motion to strike under Code of Civil Procedure section 425.16 (“anti-SLAPP motion”), seeking to strike the fourth and fifth causes of action (the only...

Excerpt: ...melia M.D. On March 29, 2023, Defendant served a deposition subpoena for business records on Los Angeles County DPSS-IHSS. On April 28, 2023, Plaintiff filed a motion to quash the subpoena. Plaintiff argues that Defendant does not have the right to her entire medical history and records. “‘[F]or discovery purposes, information is relevant if it might reasonably assist a party in evaluating the case, preparing for trial, or facilitating settle...

Excerpt: ...ty Plumbing Inc., Marco Marquez, and Maria Carmen Marquez. Marco Marquez and Infinity Plumbing Inc. later filed a cross-complaint against KLS Financial LLC, Kim Shapiro, and Green Court Investors LP. Green Court Investors LP also filed a cross-complaint against Marco Marquez, Infinity Plumbing Inc., and Maria Carmen Marquez. On October 12, 2022, Hajoca Corporation filed Case No. 22STLC06776 against Infinity Plumbing Inc., Marco Marquez, Maria Car...

Excerpt: ...alleges (1) disability discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) retaliation in violation of FEHA; (3) failure to participate in the interactive process; (4) failure to provide a reasonable accommodation; (5) failure to prevent discrimination and harassment; and (6) failure to provide employment records. On June 2, 2023, Defendant filed a motion for summary judgment, or in the alternative, summary adjudi...

Excerpt: ..., Kamyar D. Shabani, Mercury Bowl LLC, Green Rivera LLC, and Optimus Properties LLC. The complaint alleged breach of contract by Aguila and tortious interference of contract by the other defendants. On May 24, 2021, RDS dismissed Joseph Shabani, Kamyar D. Shabani, Mercury Bowl LLC, Green Rivera LLC, and Optimus Properties LLC with prejudice. On September 23, 2021, Aguila filed a cross-complaint against Joseph Shabani, Kamyar D. Shabani, Mercury B...

Excerpt: ...ermelia M.D. On March 29, 2023, Defendant served similar deposition subpoenas for business records on Eiriny T. Eskander M.D., Marshall Grossman M.D., and Cedars-Sinai Medical Center. On April 28, 2023, Plaintiff filed motions to quash those subpoenas. Plaintiff argues that Defendant does not have the right to her entire medical history and records. “‘[F]or discovery purposes, information is relevant if it might reasonably assist a party in e...

Excerpt: ... to Request for Inspection. A party may demand to inspect, copy, test, or sample electronically stored information in the possession, custody, or control of the party on whom demand is made. (Code Civ. Proc., § 2031.010, subd. (d).) Upon receipt of a response, the demanding party may move to compel a further response if a statement of compliance with the demand is incomplete; a representation of inability to comply is inadequate, incomplete, or ...

Excerpt: ...AC”) against Defendants An Feng aka Andrew Feng, Capriwell Construction Inc., Capriwell Development and Construction, Michelle Jones, and Graff Real Estate dba Ashby & Graff Real Estate. On March 14, 2023, Cross-Complainants Michelle Jones and Graff Real Estate dba Ashby & Graff Real Estate filed a Cross-Complaint against Cross-Defendant Philippe Til aka Philippe Til Tomaszewski, seeking comparative equitable indemnity, contribution, and declar...

Excerpt: ...l Services, Inc.; 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); 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 Company, as Trustee for ...

Excerpt: ...intiff served Request for Production, Set One on Defendant. (Naudi Decl. ¶ 2.) After receiving several extensions of time, on April 14, 2023, Defendant served responses. (Naudi Decl. ¶ 3.) Plaintiff unsuccessfully attempted to meet and confer with Defendant, so Plaintiff filed a motion to compel on May 30, 2023. (Naudi Decl. ¶ 4.) Defendant did not oppose the motion and did not appear at the August 31, 2023 hearing. The Court ordered Plaintiff...

Excerpt: ...C and J.K. Residential Services Inc. On April 7, 2023, Defendants filed a motion to strike. The court may, upon a motion or at any time in its discretion: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court. (Code Civ. Proc., § 436, subds. (a)-(b).) Defendants move t...

Excerpt: ...ended complaint (“FAC”) and a second amended complaint (“SAC”). On June 27, 2023, Plaintiff filed an Amendment to Complaint (Fictitious/Incorrect Name), naming Sal Fateen as Doe 1. On July 27, 2023, Fateen filed a motion to quash service of summons and complaint. A. Plaintiff Properly Named Fateen Under Section 474. Code of Civil Procedure section 474 permits a plaintiff who is ignorant of the name of a defendant to name a Doe in a compla...

Excerpt: ..., Velinda Valentin, Scott Brady, James Cavanagh, Antonio Herrera, Justin Bright, Alejandra Montano, Luis Quintana, Saxon Butcher, Alexander Boucher, Aaron Alaniz, Carlos Romero, Marcos Montano, Justin Willis, Gabriel Venegas, Aaron Castillo, Steve Santos, Meghan Caldwell, Keyshia Littleton, Trenton Lee Earnhardt, and OM Jaggi filed this action against Defendant T-Mobile USA Inc. On April 5, 2023, Defendant filed a motion to quash service of summo...

Excerpt: ...f Limited Scope Representation to represent Behnam Rafalian at the August 24, 2023 hearing on Judgment Creditor's Motion to Amend Judgment to Add Buy Rite Electric, LLC as an Additional Judgment Debtor. On August 29, 2023, Judgment Creditor Michael L. Magasinn filed an Application and Order for Appearance and Examination for Brian L. Davidoff or the PMK at Greenberg Glusker. On September 27, 2023, Greenberg Glusker filed a motion for protective o...

Excerpt: ...s under the Private Attorney General Act (“PAGA”). The parties have agreed on the terms of a settlement. Under the proposed settlement, Defendant will pay $38,500.00 for Plaintiff's individual, non-PAGA claims. Defendant will also pay $1,000.00 in PAGA penalties, with 75-percent paid to the Labor and Workforce Development Agency (“LWDA”) and 25-percent paid to Plaintiff. A court must review and approve any penalties sought as part of a pr...

Excerpt: .... Geiger filed this action against Defendants National Veterinary Associates Inc., Ethos Veterinary Health LLC, Ethos-California Veterinary Group Inc., Leilani Way, Madisyn Bonestell-Jensen, and Michelle Connearney. On July 14, 2023, National Veterinary Associates Inc., Ethos Veterinary Health LLC, and Ethos-California Veterinary Group Inc. filed a demurrer and motion to strike. On July 20, 2023, Madisyn Bonestell-Jensen filed a notice of joinder...

Excerpt: ...23, Plaintiff Rogelio Bautista Cruz filed this action against Defendants ALAL, LLC dba Kei-Ai Los Angeles Healthcare Center (erroneously sued as Alal LLC), Aspen Skilled Healthcare Inc., and Aspen Healthcare Services, LLC. MOTION TO COMPEL COMPLIANCE WITH DEPOSITION SUBPOENA On August 11, 2023, Plaintiff served a deposition subpoena on Cedars Sinai Medical Center – Billing for personal appearance and production on September 13, 2023. (Crownover...

Excerpt: ...ed Form Interrogatories, Set One and Request for Production, Set One on Defendant. Defendant never served responses, so Plaintiff filed two motions to compel on December 5, 2022. At the May 8, 2023 hearing, Defendant did not appear, but Plaintiff's counsel represented that some late discovery responses were received. The Court ordered Defendant to provide complete responses, without objections, to Form Interrogatories 4.1(e) and 12.1 within 20 da...

Excerpt: ...Clarence Harrell filed this action against Defendant City of Pasadena. The parties have been heavily litigating their discovery disputes. DEFENDANT'S MOTION FOR PROTECTIVE ORDER On August 2, 2023, Plaintiff filed an ex parte application to continue the September 5, 2023 trial date and all related dates, including discovery. On August 3, 2023, the Court granted in part Plaintiff's ex parte application. The Court advanced and continued to September...

Excerpt: ... (1) breach of contract; (2) breach of contract; (3) breach of covenant of good faith and fair dealing; (4) breach of covenant of good faith and fair dealing; (5) breach of fiduciary duty; (6) unfair business practices (erroneously titled Fifth Cause of Action); and (7) declaratory relief (erroneously titled Sixth Cause of Action). On January 4, 2023, Plaintiff recorded a Notice of Lis Pendens for the property commonly known as 126-128-130-132 Or...

Excerpt: ..., 2023, Defendant filed a motion for protective order for Plaintiff's deposition of Defendant's PMK with request for production of documents. Upon a showing of good cause, the Court may issue a protective order to protect a party or deponent from unwarranted annoyance, embarrassment, oppression, or undue burden and expense. (Code Civ. Proc., § 2025.420, subd. (b).) The protective order may include directions that the deposition not be taken, be ...

Excerpt: ...ald Conzonire. On August 11, 2023, Defendant filed a demurrer and a motion to strike. DEMURRER A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.) A. Plaintiff Sufficiently Allege...