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: ...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: ...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...