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: ...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.) ...