Excerpt: ...tion Department) alleging (1) failure to provide accommodation in violation of the Fair Employment and Housing Act (“FEHA”); (2) failure to engage in the interactive process in violation of FEHA; (3) disability and age discrimination in violation of FEHA; (4) retaliation in violation of FEHA; and (5) failure to prevent discrimination, retaliation, and harassment in violation of FEHA. On June 9, 2022, Defendant filed a motion for summary judgm...

Excerpt: ...d Inc., and Jason Shadpour as Trustee of the JK Land Trust (erroneously sued as JK Land Trust). The complaint alleged breach of lease, fraud, unjust enrichment, and rescission/restitution. On January 28, 2022, the parties filed a stipulation for Plaintiff to file a first amended complaint (“FAC”) adding a new cause of action for breach of fiduciary duty. Following Defendants' demurrer to the FAC, Plaintiff filed a second amended complaint (�...

Excerpt: ...Act (“PAGA”). The parties have agreed on the terms of a settlement. Under the proposed settlement, Defendant will pay a Gross Settlement Amount of $300,000.00. Of that amount, up to $105,000.00 (35%) will be paid as attorney fees, up to $20,000.00 will be paid as costs, and up to $20,00.00 will be paid to a settlement administrator. (Moon Decl., Ex. 1 at p. 5, ¶ 3.2.) Of the remaining amount, 75-percent will be paid to the Labor and Workforc...

Excerpt: ... seal the certificates of merit and certificate of corroborative facts, permit service, permit amendment of the complaint to name the defendant, and permit Plaintiff to proceed under a fictitious name. A. The Court Will Seal the Certificates of Merit and Certificate of Corroborative Facts. A plaintiff who is 40 years of age or older in an action arising from childhood sexual assault must file a certificate of corroborative fact and certificates o...

Excerpt: ... a Request for Inspection and Production of Documents and Other Things, Set Six, Requests Nos. 186-199. (Anglin Decl. ¶ 4.) Defendant responded on August 31, 2022, but Plaintiff believed the responses were deficient. (Anglin Decl. ¶ 5; see Anglin Decl. ¶ 6.) On October 3, 2022, Plaintiff filed a Notice of Hearing Date on Motion to Compel Further Responses. On July 7, 2023, Plaintiff filed a joint statement and a memorandum of points and author...

Excerpt: ... 8:30 AM Au gust 1, 2023 On January 12, 2023, Plaintiffs Victor Coronado and Philip Dimaggio (collectively, “Plaintiffs”) filed this action against Defendant General Motors, LLC (“Defendant”) and Does 1 through 20, inclusive, asserting two causes of action under the Song-Beverly Consumer Warranty Act: (1) breach of implied warranty of merchantability and (2) breach of express warranty. The Complaint alleges that on September 4, 2017, the ...

Excerpt: ...e custody and care of Defendants. On July 27, 2023, Plaintiff filed an ex parte application to seal the certificates of merit and certificate of corroborative facts, permit service on Doe Defendants, permit amendment of the complaint to name the defendant, and permit Plaintiff to proceed under a fictitious name. A. The Court Will Seal the Certificates of Merit and Certificate of Corroborative Facts. A plaintiff who is 40 years of age or older in ...

Excerpt: ...ORDER GRANTING IN PART MOI'S MOTION TO COMPEL LAWRENCE'S FURTHER RESPONSES TO RFPs, SET THREE; ORDER GRANTING IN PART MOTION TO COMPEL DEPOSITION Dept. 48 8:30 a.m. Jul y 27 2023 On July 22, 2021, Philip Lawrence and Philmar Studios Inc. filed this action against Patrizio Moi, Moi Productions Inc., and The Record Plant, alleging (1) intentional misrepresentation; (2) false promise; (3) fraudulent inducement; (4) violation of the Unfair Competitio...

Excerpt: ...ions of Plaintiffs Boris Gorbis and Eda Gorbis. “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.) If a party fails to appear for examination or produce documents, the demanding party may move to compel attendance, testimony, and production. (Code Ci...

Excerpt: ...Plaintiff filed a motion for attorney fees and a memorandum of costs. As the prevailing party, Plaintiff is entitled to an award of reasonable attorney fees. (Civil Code § 1794, subd. (d).) 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 ...

Excerpt: ... Rosa Barry as personal representative of the Estate of Francisco Edgardo Paredes. The Complaint alleges (1) breach of contract, (2) account stated, and (3) promissory estoppel arising from Paredes's failure to pay all amounts due for legal services. On March 17, 2023, Defendant filed a demurrer. Defendant's request for judicial notice of the proof of service is granted. A demurrer for sufficiency tests whether the complaint states a cause of act...

Excerpt: ...hobanian, M.D. On November 21, 2022, Defendant filed a demurrer and motion to strike. On May 3, 2023, Plaintiff filed a Notice of Errata re: FAC. 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) 2...

Excerpt: ...Cordova filed this action against Defendants Long Spring Freight LLC, A&D Hauling Services, Grace Hsiao Hui, and Vincent Hui. The Complaint alleges (1) retaliation in violation of the Fair Employment and Housing Act (“FEHA”); (2) harassment in violation of FEHA; (3) whistleblower retaliation; (4) violation of Labor Code section 6310; (5) negligence; (6) constructive discharge in violation of public policy; (7) violation of Labor Code sections...

Excerpt: ...ISMISS; CONTINUING HEARINGS ON DEMURRER AND MOTION TO STRIKE; CONTINUING CASE MANAGEMENT CONFERENCE Dept. 48 8:30 a.m. Jul y 20, 2023 On March 30, 2023, Plaintiffs Michael J. Kiely and MDMK Ltd. filed a second amended complaint against Defendants Hyph (USA) Inc., Xhail Inc., Hyph Corporation, Max Renard, Anders Thorsell, Andreas Carlsson, and Alex Dessauer. On April 28, 2023, Defendants filed an amended motion to quash service of summons for lack...

Excerpt: ...fie & Khoshbin Dental Corp. and Torrance Dental Center, alleging (1) discrimination based on sex/pregnancy; (2) retaliation; (3) failure to prevent discrimination; and (4) wrongful termination based on public policy. On May 5, 2023, Defendants filed a motion for summary judgment, or in the alternative, summary adjudication. PROCEDURAL DEFICIENCIES “Separate statements are required not to satisfy a sadistic urge to torment lawyers, but rather to...

Excerpt: ... ADMISSIONS ADMITTED Dept. 48 8:30 a.m. July 20, 2023 On September 27, 2021, Plaintiff Brandy Lynn Sparks filed this action against Defendant General Motors, LLC On April 27, 2023, Plaintiff filed (1) a motion to compel production of documents for Request for Production, Set One (CRS #: 038926198601); (2) a motion to compel written responses to Interrogatories (Special and Form), Set One (CRS #: 676766873693); and (3) a motion to deem Requests fo...

Excerpt: ...ey General Act (“PAGA”). The parties have agreed on the terms of a settlement. Under the proposed settlement, Defendant will pay a total of $195,000.00. Of that amount, up to $65,000.00 will be paid as attorney fees, $6,321.01 will be paid as costs, up to $6,689 will be paid to a settlement administrator, and $15,000.00 will be paid to Plaintiff. Of the remaining amount, 75-percent ($76,492.49) will be paid to the Labor and Workforce Developm...

Excerpt: ...lleging breach of fiduciary duty and breach of contract. On February 28, 2022, Casa Mexico Enterprises LLC filed a first amended complaint. On April 19, 2022, Ruccione filed a cross-complaint against Casa Mexico Enterprises LLC, Michael A. Gooch, Robert Crossan, DV Capital Partners LLC (collectively, “Cross- Defendants”), and others. Ruccione's cross-complaint alleged, in part, hostile work environment, sexual harassment, sexual battery, gend...

Excerpt: ... (1) sexual harassment in violation of the Fair Employment and Housing Act (“FEHA”); (2) retaliation in violation of FEHA; and (3) harassment and hostile work environment in violation of FEHA. On February 2, 2023, County of Los Angeles (“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 consideri...

Excerpt: ...tures, Inc., and Vincent Zadeh (erroneously sued as Vincent Mehdizadeh). The Court later entered default against Pineapple Park, LLC. On March 28, 2023, the Court granted Plaintiff's motions to compel Pineapple Ventures's and Zadeh's responses to Plaintiff's (1) Form Interrogatories, Set One; (2) Special Interrogatories, Set One; and (3) Requests for Production of Documents, Set One. The Court ordered responses within 21 days. The Court also orde...

Excerpt: ...TO FACC Dept. 48 8:30 a.m. Jul y 13, 2023 On May 13, 2021, Weber Enterprise Trucking Corporation (“Weber”) filed this action against Forest Lawn Memorial-Park Association (“Forest Lawn”) and others. On October 21, 2022, Forest Lawn filed a first amended cross-complaint (“FACC”) against Weber and Shane Josef Weber alleging (1) breach of contract; (2) nuisance; (3) trespass; (4) fraudulent concealment; (5) implied equitable indemnity; (...

Excerpt: ...documents, or portions thereof, filed in connection with (1) Defendant's opposition to Plaintiffs' motion for preliminary injunction; (2) Plaintiffs' complaint; and (3) Plaintiffs' motion for preliminary injunction. On April 13, 2023, the Court granted Plaintiffs' ex parte application to seal certain documents, or portions thereof, filed in connection with (1) Plaintiffs' complaint; and (2) Plaintiffs' motion for preliminary injunction. On April ...

Excerpt: ... and Scott Robinson Chrysler Dodge Jeep Ram for breach of warranties arising from the purchase of an allegedly defective vehicle and subsequent negligent repair. On February 28, 2022, Plaintiff served Requests for Production of Documents, Set One on FCA. On March 30, 2022, FCA served responses but did not produce documents other than the subject vehicle records. On November 18, 2022, Plaintiff filed a motion to compel further responses to RFP Nos...

Excerpt: ... unknown). The Complaint alleges (1) sexual battery; (2) gender violence; (3) civil rights violation; (4) sexual harassment; (5) unlawful retaliation; (6) unlawful discrimination; (7) wrongful termination in violation of public policy; (8) wrongful termination; (9) failure to prevent harassment, discrimination, and retaliation; (10) unlawful retaliation; (11) intentional infliction of emotional distress; (12) negligent supervision and retention; ...

Excerpt: ...kerage Company et al. (Case No. 22CV02809) against Coldwell Banker Residential Brokerage Company aka Coldwell Banker Realty, Realogy Brokerage Group LLC, and Jamie Duran in Santa Barbara County Superior Court. The Complaint alleges age and gender discrimination, hostile work environment harassment, failure to prevent and/or correct discrimination, wrongful constructive termination in violation of public policy, and intentional infliction of emoti...