Excerpt: ...lewood (“Defendant”) demurs to the fifth cause of action for battery, sixth cause of action for negligence, and seventh cause of action for negligent hiring, supervision, or retention of employee of Plaintiff Jane Doe's (“Plaintiff”) First Amended Complaint. Fifth & Sixth Causes of Action: Battery and Negligence “Whether a tort was committed within the scope of employment is ordinarily a question of fact; it becomes a question of law, h...

Excerpt: ...lewood (“Defendant”) demurs to the fifth cause of action for battery, sixth cause of action for negligence, and seventh cause of action for negligent hiring, supervision, or retention of employee of Plaintiff Jane Doe's (“Plaintiff”) First Amended Complaint. Fifth & Sixth Causes of Action: Battery and Negligence “Whether a tort was committed within the scope of employment is ordinarily a question of fact; it becomes a question of law, h...

Excerpt: ...fendant Nandi Ndlovu (“Defendant”), who refers to herself as Nandi Goodjohn in her moving papers, moves for this court to quash the service of summons. Plaintiff Lebohang Morake (“Plaintiff”) requests that the court take judicial notice of the certificate of status for Yawethu, Inc. issued by the California Secretary of State. The request is granted. Defendant objects to Plaintiff's declaration submitted in support of the motion. The cour...

Excerpt: ...ent on the pleadings is granted with twenty (20) days leave to amend as to the seventh cause of action. Defendant Alex Cha (“Defendant”) moves for judgment on the pleadings on the first through seventh causes of action of Plaintiffs Chang Kok Ahn, Jeong Kang, Brandon Jeong and Olive Rhee's (“Plaintiffs”) Complaint. This matter was set for hearing on March. 15, 2021. However, Defendant failed to meet and confer with Plaintiffs prior to bri...

Excerpt: ...on to set aside entries of default based on section 473, subdivision (b)'s mandatory provision is granted. The responsive pleading(s) should be filed forthwith as separate documents. Defendants are ordered to pay plaintiff $20,562 in attorney fees plaintiff reasonably incurred in connection with this motion. Plaintiff's objection to defendants' reply brief is overruled. Defendants move for an order setting aside their defaults entered on February...

Excerpt: ...nt Gerald Platt (“Defendant”) demurs and moves to strike Plaintiff Anna Kristina Becher's (“Plaintiff”) First Amended Complaint (“FAC”). DEMURRER Meet & Confer & Request for Judicial Notice Defense counsel Thomas J. Weiss declares that he met and conferred extensively with Plaintiff's counsel to discuss the objections raised in the demurrer. (Weiss Decl. ¶ 2.) The parties did not reach an agreement. (Id.) Defendant requests that the ...

Excerpt: ... White Ruling: The motions for summary judgment, or in the alternative summary adjudication are denied. Defendant and Cross-Complainant AVTWO Homes, LLC (“AVTWO”) and Plaintiffs and Cross-Defendants Robert A. White and Katherine J. White (“Plaintiffs”) respectively move for summary judgment of the Complaint. In their motion, Plaintiffs also move for summary judgment of AVTWO's Cross-Complaint for breach of contract. This matter was contin...

Excerpt: .... The motion to strike is denied. Defendant has thirty (30) days to answer the Complaint. Defendant Laguna Clay Company, Inc. (“Defendant”) demurs to the fourth cause of action for fraudulent concealment of Plaintiffs Felipe Mejia Iniguez and Maria G. Mejia's (“Plaintiffs”) Complaint. Defendant also moves to strike Plaintiffs' request for punitive damages, and the Complaint's reference to “other product(s) to be identified during discov...

Excerpt: ...efendant Nissan North America, Inc. Ruling: Plaintiff's Motions to Compel Responses to Requests for Production, Special Interrogatories, Form Interrogatories, and Requests for Admission are taken off calendar. Sanctions are imposed against Defendant in the amount of $945. Plaintiff Jose Arias (“Plaintiff”) moves for an order compelling Defendant Nissan North America, Inc. (“Defendant”) to provide responses to his Special Interrogatories, ...

Excerpt: ... entry of default is granted. The proposed demurrer is deemed filed and served by entry of this order. Defendant Brandi Linton (“Defendant”) moves to set aside the December 15, 2020 entry of default entered against her. Defendant initially moved for relief under to the court's inherent powers under Code Civ. Proc. § 128(a)(8). This matter came for hearing on March 11, 2021. The court noted that Plaintiff's default was properly entered, but t...

Excerpt: ...on D. Nelson as Trustees of the Fuller/Nelson Living Trust, 24/7 Real Estate Leasing & Management Inc, Angela Caldwell, Henry Caldwell Ruling: The motion to vacate the September 1, 2020 dismissal is denied. Plaintiffs Alejandro Ortega, Laura Ortega, Juan Ortega, Juana Ortega and Alex Ortega (“Plaintiffs”) move for the court to aside the dismissal entered in this case on September 1, 2020. In their motion, Plaintiffs argue only that “[t]his ...

Excerpt: ...of action, and sustained without leave to amend as to the third and fifth causes of action. Defendant's Motion to Strike is denied. On November 30, 2020, the court sustained Defendant Hyundai Motor America's (“Defendant”) demurrer to the third, fifth, and sixth causes of action of Plaintiff Neil Yeschin's (“Plaintiff”) Complaint. Defendant now demurs to Plaintiff's First Amended Complaint. Meet and Confer & Request for Judicial Notice Def...

Excerpt: ...C Ruling: The motion is granted in part and denied in part as follows: the Court strikes (1) Paragraph 12, lines 18-20 ("Due to the Boswell failure to timely complete the Swallow Drive construction project, Viewmont has lost opportunities for the sale of the project, and, thus, has incurred and continues to incur additional loan costs and charges.") and (2) Paragraph 25, lines 21-23 ("Due to the Boswell failure to timely complete the Swallow Driv...

Excerpt: ...s Defendant Barbara Kogen (“Kogen”) moves for summary judgment on Plaintiff Miller Kaplan Arase LLP's (“MKA”) claims for declaratory relief and an accounting. As a preliminary matter, the court has not ruled on Kogen's evidentiary objections as they are immaterial to the disposition of this matter. (Code Civ. Proc. § 437c(q).) The parties agree to, and Defendant demonstrates through evidence, the following: Barbara Kogen is a resident of...

Excerpt: ...are granted. This action is stayed pending resolution of arbitration. Defendants BMW of North America and BMW Encinitas (“Defendants”) move to compel Plaintiff Supercluster, Inc. (“Plaintiff”) to arbitrate its Song Beverly Warranty Act claims. Both defendants moved in separate motions, but under the same arbitration clause. Accordingly, the motions are considered jointly below. Even where the FAA governs the interpretation of arbitration ...

Excerpt: ...her Responses to the Request for Admissions, Set One (3) Compel Further Responses to the Form Interrogatories, Set One and Special Interrogatories, Set One (4) Compel Further Responses to the Request for Production of Documents, Set One Moving Party: Cross-Defendants Carlton Douglas Edwards, Juanita Delores Edwards, and Pasadena Community Christian Fellowship Responding Party: None [Cross-Complainant Mike Davidyan] Ruling: The motions are continu...

Excerpt: ...ation and stay action is granted. The action is stayed in its entirety pending the outcome of arbitration. Motion to Compel Arbitration In deciding a petition to compel arbitration, trial courts must decide first whether an enforceable arbitration agreement exists between the parties, and then determine the second gateway issue whether the claims are covered within the scope of the agreement. (Omar v. Ralphs Grocery Co. (2004) 118 Cal.App.4th 955...

Excerpt: ...ation. Defendant Various, Inc. (“Defendant”) moves the Court for an order compelling Plaintiff Abelardo Martinez, Jr. (“Plaintiff”) to arbitrate this dispute. Request for Judicial Notice In his opposition, Plaintiff requests that the Court take judicial notice of twenty documents that were filed in this case. These include the following documents: (1) proof of service of summons dated April 1, 2020, which was filed on May 21, 2020; (2) De...

Excerpt: ...liot Hyland Ruling: Taskey's demurrer is overruled as to the first, second, third, fourth, sixth, seventh, and eighth causes of action and sustained without leave to amend as to the fifth cause of action. Taskey's demurrer based on uncertainty is overruled. Cross-Defendant Taskey is ordered to answer the first amended cross-complaint within 20 days. Meet and Confer In its September 17, 2020 order, the court noted Taskey did not provide a signed d...

Excerpt: ...s is denied Background This is an employment action arising of Plaintiff Matthew Farkas' (“Plaintiff”) hiring process with Defendant UBS Financial Services Inc. (“Defendant”). Essentially, Plaintiff alleges that Defendant strung him along in a sham hiring process whereby he brought new accounts to Defendant while waiting for a formal employment offer and compensation for his ongoing efforts. Defendant now moves for judgment on the pleadin...

Excerpt: ...atlyn D'Angelo's (“Plaintiff”) Complaint. Jessica Ewert, counsel for Plaintiff, declares that she sent a meet and confer letter to Defense counsel on November 3, 2020. (Ewert Decl. ¶ 3, Exhs. B, C.) The parties did not reach an agreement. (Id.) First Cause of Action for Violation of Labor Code § 1102.5 The elements of a section 1102.5(b) retaliation cause of action require that (1) the plaintiff establish a prima facie case of retaliation, ...

Excerpt: ...st Ruling: The petition to confirm the arbitration award is granted. Petitioners Arturo Rubinstein and Fab Rock Investments LLC (“Petitioners”) petition the court for confirmation of the Arbitration Award (“Award”) in ADR Services, Inc. Case No. 18-5401-PLC (the “Arbitration”). “Any party to an arbitration award in which an award has been made may petition the court to confirm, correct or vacate the award.” (Code Civ. Proc. § 128...

Excerpt: ... pending resolution of arbitration. Defendant The Bicycle Casino, L.P. (“Defendant”) moves to compel Plaintiff Veronica Rubio (“Plaintiff”) to arbitrate her claims. Even where the FAA governs the interpretation of arbitration clauses, California law governs whether an arbitration agreement has been formed in the first instance. (Baker v. Osborne Development Corp. (2008) 159 Cal.App.4th 884, 893.) Code of Civil Procedure section 1281.2 sta...

Excerpt: ... Center's motion for judgment on the pleadings is granted without leave to amend as to the seventh cause of action. Defendant FCA, US LLC's motion is granted with twenty (20) days leave to amend as to the first through sixth causes of action. Defendants FCA US, LLC and Chrystal Chrysler Jeep Dodge Center (collectively “Defendants”) move for judgment on the pleadings of Plaintiff Jeanne A. Lawton's (“Plaintiff”) Complaint. Plaintiff's Comp...

Excerpt: ...itted the truth of the matters specified in the requests for admission served on Cross-Defendant Eric Dena is moot. Sanctions are imposed on Cross-Defendant in the amount of $1,510. Cross-Complainant P5 Systems, Inc. (“Cross-Complainant') moves for an order deeming admitted the truth of the matters specified in the Requests for Admission (“RFA”) served on Cross-Defendant Eric Dena (“Cross-Defendant”). Cross-Complainant served the subjec...

Excerpt: ...aintiffs Flavio Castro and Michelle Castro Ruling: NGP Motors, Inc.'s demurrer is sustained without leave to amend as to the first and third causes of action. The demurrer by Ford Motor Company is sustained with twenty (20) days leave to amend as to the fourth and fifth causes of action. The motion to strike is denied as to Plaintiffs' request for civil penalties under the Song- Beverly Act, and is moot as to Plaintiffs' request for damages under...

Excerpt: ... entry of default is continued to April 13, 2021 at 8:30 AM. Defendant Brandi Linton (“Defendant”) moves to set aside the December 15, 2020 entry of default entered against her. Defendant moves for relief under to the court's inherent powers under Code Civ. Proc. § 128(a)(8). Dominique Westmoreland, counsel for Defendant, declares that on December 15, 2020, at 1:29 PM, Defendant filed a declaration for a thirty-day extension to file a respon...

Excerpt: ...ce of code compliant responses within twenty (20) days of this order. Plaintiff Joseph Ross (“Plaintiff”) moves for relief of the waiver of attorney-client privileges, attorney work-product privileges, and the privileges protecting the disclosure of tax-related information due to Plaintiff's untimely responses to Defendant Freshtech's (“Defendant”) first set of requests for production of documents. Evidentiary Objections Plaintiff objects...

Excerpt: ...nc. Ruling: Defendants' demurrer is overruled. The motion to strike is denied. Defendants David Wilkenfeld and Kimberly Collins (“Defendants”) demur to the first, second, and fifth causes of action of Plaintiff GLS Collective, Inc.'s First Amended Complaint (“FAC”) Request for Judicial Notice Defendants request that the court take judicial notice of the First Amended Complaint in this matter. The request is granted pursuant to Evid. Code ...

Excerpt: ... Special Motion to Strike the Complaint pursuant to Code Civ. Proc. § 425.16 is denied. Defendants Brian Antonio and Kathyrine Antonio (“Defendants”) move pursuant to Code Civ. Proc. § 425.16 for a special motion to strike Plaintiff Ades Construction, Inc.'s (“Plaintiff”) Complaint. As a preliminary matter, the court notes the absence of a reply filing. On December 17, 2020, the parties stipulated to a continuance of the hearing of this...

Excerpt: ...Marco Antonio Gutierrez (“Plaintiff”) moves for leave to amend to add a cause of action for “general” negligence to his Complaint. California Code of Civil Procedure section 473 permits the court, in furtherance of justice and on any proper terms, to allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and ma...

Excerpt: ... of the March 19, 2019 order is denied without prejudice. Plaintiffs Emmanuel Trousse and Lara Trousse (“Plaintiffs”) move for an order enforcing the preliminary injunction order issued by this court on March 19, 2019 against Defendants Lynne Delaney and Ruben Gomez (“Defendants”) On March 19, 2019, the court issued the following order: Defendants, and their agents, employees, representatives, and all those acting under, for, or in concer...

Excerpt: ...40. Respondent Bishan Xian (“Respondent”) moves for an award of attorney's fees pursuant to Labor Code § 98.2(c) for fees incurred in defending against Appellant Lincoln Easy Cash's (“Appellant”) untimely appeal of a Labor Commissioner decision. This matter came for hearing before this court on February 5, 2021, and Respondent was ordered to submit supplemental evidence to detail the hours spent on relevant tasks in defending against the...

Excerpt: ...ing: Defendant James Gilliland's Motion for Determination of Good Faith Settlement is granted. Defendant and Cross-Defendant James Gilliland (“Gilliland”) moves for a determination that the settlement entered into between himself and Plaintiff Gerardo Ocana (“Plaintiff”) was made in good faith. “Section 877.6 was enacted by the Legislature in 1980 to establish a statutory procedure for determining if a settlement by an alleged joint tor...

Excerpt: ...(“Davis”); Victoria M. Ruffin; Amanda L. Parrell (collectively, “Defendants”) and moving parties here, were members of the Board. Plaintiff alleges causes of action for: 1) Retaliation in Violation of California Labor Code § 1102.5; 2) Retaliation in Violation of California Labor Code § 98.6; 3) Reporting of Improper Governmental Activities Act, Ed. Code §§ 44113 and 44114; 4) Violation of the Whistleblower Protection, California Fals...

Excerpt: ...stained with twenty (20) days leave to amend. Defendant Travelers Property Casualty Company of America (“Travelers”) demurs to Plaintiff Stanislaus Funding, Inc.'s (“Plaintiff”) First Amended Complaint (“FAC”). Request for Judicial Notice Travelers requests that the court take judicial notice of a “copy of insurance policy number 680- 8029C975 issued by The Travelers Indemnity Company of Connecticut to Patioworld, for the policy per...

Excerpt: ...ner Plan, Inc., Lisa Meier, Paulette Haban and Christine Soto Responding Party: Plaintiff Dana Calvin Ruling: Defendants' motion for summary judgment is denied. Defendants' motion for summary adjudication is denied as to the first cause of action for disability discrimination under Gov. Code § 12940, second cause of action for failure to engage in a good faith interactive process, third cause of action for failure to accommodate, fifth cause of ...

Excerpt: ...h Responding Party: (1) Defendant Freshtech (2) Plaintiffs Joseph Ross and Cross-Defendant Ross International Ruling: Plaintiff Joseph Ross and Cross-Defendant Ross International's motion to quash the deposition subpoena served on non-party Susan Hoyle is granted. Defendant Freshtech's related motion to compel compliance is denied. The motion to compel compliance with the deposition subpoena for production of business records served on Wayland & ...

Excerpt: ...hnson, Director of the Department of Social Services Ruling: Defendants' Motion for Summary Judgment is denied. Defendants Summerkids, Inc. and Cara DiMassa (collectively “Defendants”) move for summary judgment of the sole cause of action brought by Plaintiff Kim Johnson in her capacity as Director of the Department of Social Services (“Plaintiff”). Plaintiff's complaint seeks injunctive relief to enjoin Summerkids from continuing to oper...

Excerpt: ...Defendant Toyota Motor Sales, USA, Inc. (“Defendant”) moves for an order transferring this action to the Santa Rosa branch of the Sonoma County Superior Court. Defendant previously moved to transfer venue in this action to the Santa Rosa branch of the Sonoma County Superior Court pursuant to Code Civ. Proc. § 396b. On August 17, 2020, the court denied Defendant's motion claiming Defendant acknowledged that its principal place of business is ...

Excerpt: ...default judgment are granted. Defendants are ordered to file and serve their proposed answer within ten (10) days of this order. Plaintiff shall recover fees and costs in the amount of $5,544.50, imposed jointly and severally against Defendants. The motion to vacate entry of default judgment set for hearing on February 18, 2021 is advanced to this date and addressed together. Default was entered against Defendant LACUSA, LLC on March 16, 2020, an...

Excerpt: ...ng: Plaintiff's Motion to Compel Further Responses is denied as to Special Interrogatories 2, 4, 5, 8, 10, and 16, and granted as to the remainder. Plaintiff's Motion to Compel Further Responses to Form Interrogatories is granted as set forth below. Form Interrogatory 209.2 shall be limited to five (5) years and to Defendant's locations within Southern California. Plaintiff Diana Chavez Hernandez (“Plaintiff”) moves the court for an order com...

Excerpt: ...l Motion to Strike the Complaint pursuant to Code Civ. Proc. § 425.16 is denied. Defendants Shabaz Farnad and Parvaz Farnad Mizrahi (“Defendants”) move under Code Civ. Proc. § 425.16 for an order striking Plaintiffs Berookhim Royal Catering, Inc. and Mehran Berookhim's (“Plaintiffs”) complaint. Requests for Judicial Notice & Evidentiary Objections Defendants request that the court take judicial notice of three documents: 1. Plaintiffs B...

Excerpt: ... Shahbaz Farnad Ruling: The demurrer is overruled as to the second, third, fourth, fifth, eighth, and ninth causes of action. The demurrer is sustained with twenty (20) days leave to amend as to the first cause of action and sustained without leave to amend as to the sixth, seventh, and tenth causes of action. The motion to strike is denied as to Cross-Complainant's request for punitive damages and purportedly irrelevant material and is granted w...

Excerpt: ...Villatoro Machado and Ivan Dario Ramirez Tobar Ruling: Defendants' Motion for Entry of a Protective Order is granted. Defendants FCA US, LLC and Los Angeles Motor Cars Inc. (“Defendants”) move for entry of the Los Angeles County Superior Court Model Stipulation and Protective Order in this case and limit the production of documents according to the terms and conditions of the LASC Model Protective Order. On May 28, 2020, Defendant FCA US sent...

Excerpt: ...30AM. Respondent Bishan Xian (“Respondent”) moves for an award of attorney's fees pursuant to Labor Code § 98.2(c) for fees incurred in defending against Appellant Lincoln Easy Cash's (“Appellant”) untimely appeal of a Labor Commissioner decision. Labor Code § 98.2(c) provides that “[i]f the party seeking review by filing an appeal to the superior court is unsuccessful in the appeal, the court shall determine the costs and reasonable ...

Excerpt: ...uling: The demurrer to the First Amended Complaint is sustained with twenty days leave to amend. Defendants Maria Trinidad Mariscal and Ismael Rodriguez (“Defendants”) demur to Plaintiffs Miguel Rodriguez and Manuel Rodriguez's (“Plaintiffs”) First Amended Complaint (“FAC”). Request for Judicial Notice & Evidentiary Objections Plaintiffs request that the court take judicial notice of the following two documents: 1. Grant Deed dated Se...

Excerpt: ...ustained with twenty (20) days leave to amend as to the first through ninth and fourteenth causes of action, and overruled as to the eleventh through thirteenth causes of action. Defendants Joy Rose Anderson, Rozena Anderson, and August Anderson (“Defendants”) demur to Plaintiff Alex Kyrklund's (“Plaintiff”) First Amended Complaint (“FAC”) in its entirety. REQUEST FOR JUDICIAL NOTICE Defendants request that the court take judicial not...

Excerpt: ...rust Company Responding Party: Plaintiffs Kurt Knutsson and Woojivas, Inc. Ruling: The motion for judgment on the pleadings is denied. Defendant San Pasqual Fiduciary Trust Company (“Defendant”), as successor trustee of Shapiro Family Trust, demurs to, or in the alternative moves for judgment on the pleadings of Plaintiffs Kurt Knutsson and Woojivas, Inc.'s (“Plaintiffs”) First Amended Complaint. Plaintiffs brought this legal malpractice ...

Excerpt: ...ELLER WILLIAMS REALTY-LOS FELIZ'S MOTION TO STRIKE PORTIONS OF FIRST AMENDED COMPLAINT Background On December 11, 2019, Plaintiffs Robert Yu and Minghui Huang (jointly, “Plaintiffs”) filed this action. The operative First Amended Complaint (“FAC”) was filed on June 17, 2020 and asserts causes of action for (1) breach of written contract for sale of real property, (2) violation of Civil Code sections 1102 et seq., (3) violation of Civil Co...

Excerpt: ...na”) filed this employment action on March 15, 2016. Defendants Southern California Permanente Medical Group (“SCPMG”) and Kaiser Foundation Health Plan, Inc. (“KFHP”) (jointly, “Defendants”) now move for judgment on the pleadings as to the sixth cause of action for violation of Labor Code section 1198.5. Medina opposes. Legal Standard A motion for judgment on the pleadings has the same function as a general demurrer but is made aft...

Excerpt: ...TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS (SET ONE); REQUEST FOR MONETARY SANCTIONS Background Plaintiff Patricia Winston (“Winston”) filed this employment action on February 28, 2020 against Defendants Unify Financial Credit Union (“Unify”), Steve Levinson, and Adriana Avila. The operative Second Amended Complaint (“SAC”) was filed on October 19, 2020 and asserts causes of action for disability discriminatio...

Excerpt: ...Defendant”) moves for an order compelling Plaintiff Jan Robertson (“Plaintiff”) to arbitrate the claims of her complaint. Request for Judicial Notice & Evidentiary Objections Defendant submits a request for judicial notice with its reply papers. This request is untimely as it does not afford Plaintiff an opportunity to review the request nor submit any potential objection thereto. The request is denied. Plaintiff objects to the declaration ...

Excerpt: ...default judgment is continued to March 1, 2021, at 8:30AM. Defendant Pure Skyline LLC (“Defendant”) moves under Code Civ. Proc. § 473(b) to set aside the February 25, 2020 entry of default and July 10, 2020 default judgment based on an attorney's declaration of fault. Plaintiff's request for judicial notice is granted. However, while the court may take judicial notice of the document, the court may not take judicial notice of the truth of it...

Excerpt: ...t this time, issue and evidentiary sanctions are ordered as set forth below. Plaintiff Korean American Chamber of Commerce USA (“KACC”) moves for an order imposing terminating sanctions, or in the alternative evidentiary, issue, or monetary sanctions, against Defendants David Kang, Young Ho Kim, Young Bok Kim, Young Ran Cho, Maria Chang, Jung Hae Yun, and Han Seung Lee (“Defendants”). Defendants' last appearance on the record in this matt...

Excerpt: .... Plaintiff Michael Lawson (“Plaintiff”) moves for an order disqualifying defense counsel Lewis Brisbois Bisgaard & Smith LLP (“LBBS”) from representing Defendant Brendan Daw (“Defendant”) in this action. “Disqualification of counsel may be ordered ‘when necessary in furtherance of justice. (Code Civ. Proc., § 128, subd. (a)(5).)'” (In re Marriage of Zimmerman (1993) 16 Cal.App.4th 556, 562 (quoting Elliott v. McFarland Unified...

Excerpt: ...h twenty (20) days leave to amend. Defendant etco Homes, Inc. (“Defendant”) demurs to the third cause of action for Violation of State Copyright Law of Plaintiff Fire Protection Group, Inc.'s (“Plaintiff”) First Amended Complaint (“FAC”). Requests for Judicial Notice & Evidentiary Objections Defendant requests that the court take judicial notice of “Circular 41, Copyright Registration of Architectural Works (U.S. Copyright Office, M...

Excerpt: ...Defendant Los Angeles County Unified School District Ruling: Plaintiff's Motion to Compel Responses to Form Interrogatories is moot. Plaintiff's request for sanctions is denied. Plaintiff's Motion to Compel Further Responses to Requests for Admission is granted as to requests 3-4, 5, 15-15, 20-23, 24, 26-27, 32, 42, 55, 56-61, 64 and 65, and denied as to requests 10, 16-19, 29 and 53. The parties' requests for sanctions are denied. Defendant is o...

Excerpt: ...ty: Defendant H & M Hansen Enterprises/Plaintiff Robert Ames Ruling: Defendant's Motion for Reclassification and Motion to Quash Service of Summons are denied. Plaintiff's Motion for Sanctions is denied. Three motions are concurrently set for hearing on January 21, 2021: (1) Defendant H & M Hansen Enterprises's (“Defendant”) Motion for Reclassification , (2) Defendant's Motion to Quash Service of Summons, and (3) Plaintiff Robert Ames's (“P...

Excerpt: ...Defendant's Demurrer to the First Amended Complaint is sustained with twenty days leave to amend. Defendant City of Los Angeles (“Defendant”) demurs to Plaintiff Jacqueline Jones's (“Plaintiff”) First Amended Complaint (“FAC”). 16 th, 17 th, and 18 th Causes of Action for Discrimination on the Basis of Race, Color, Ancestry and/or National Origin There are no factual allegations within the FAC that support Plaintiff's claim of racial ...

Excerpt: ... to the First Amended Complaint is sustained with twenty days leave to amend. Defendant City of Los Angeles (“Defendant”) demurs to Plaintiff Jacqueline Jones's (“Plaintiff”) First Amended Complaint (“FAC”). 16 th, 17 th, and 18 th Causes of Action for Discrimination on the Basis of Race, Color, Ancestry and/or National Origin There are no factual allegations within the FAC that support Plaintiff's claim of racial discrimination. The ...

Excerpt: .... Defendant, Cross-Defendant, and Cross-Complainant Sunwest Roofing, Inc. (“Sunwest”) moves for an order determining that the settlements entered into with Plaintiffs Paymon Banafshe and Miriam Cohen (“Plaintiffs”) and with Defendants Cain Interiors & Construction LLC and Cain Leon dba Cain Interiors and Construction (“Cain Defendants”) were made in good faith. “Section 877.6 was enacted by the Legislature in 1980 to establish a sta...

Excerpt: ...ILWU-PMA Welfare Plan and ILWU- PMA Welfare Plan Responding Party: Defendant/Cross-Complainant David Rivera Chiropractic, Inc. Ruling: Plaintiffs' motion to compel further responses to Requests for Production, Set One, and Special Interrogatories, Set One, is granted. On the issue of sanctions, Plaintiffs shall submit a supplemental declaration by January 21, 2021, and Defendant shall respond by January 27, 2021, as set forth below. Plaintiffs Pe...

Excerpt: ...t is denied. The motion for summary adjudication is granted as to the second and third causes of action and denied as to the first cause of action. Defendant State Farm General Insurance Company (“Defendant”) moves for summary adjudication of Plaintiff Nancy Blanche Clanton's (“Plaintiff”) first cause of action for breach of contract, second cause of action for breach of the covenant of good faith and fair dealing, and third cause of acti...

Excerpt: ...s 3-5, 11-18, 25-31 and 35, and is denied as to requests 33 and 34. On May 2, 2019, Plaintiff ReactX LLC (“Plaintiff”) filed a motion for an order compelling Defendant Google LLC (“Defendant”) to produce further responses to its first set of requests for production of documents (“RFP”). Following continuances to allow the parties to engage in further meet and confer efforts, the parties stipulated to a protective order pertaining to c...

Excerpt: ...ed with twenty (20) days leave to amend. The motion to strike is granted with twenty (20) days leave to amend. Demurrer Defendant Magnum Property Investments, LLC (“Defendant') demurs to the second cause of action of Plaintiffs Thomas Meza and Helen F. Meza's (“Plaintiffs”) amended complaint (“FAC”). The FAC's second cause of action for wrongful foreclosure is the only claim asserted against moving defendant. Defendant was not named in ...

Excerpt: ...rruled. The motion to strike is denied. Defendant FCA US, LLC (“Defendant”) demurs and moves to strike Plaintiffs Benjamin Calderon and Robin Calderon's (“Plaintiffs”) First Amended Complaint. Meet and Confer Defendant has filed a declaration showing compliance with the meet and confer requirements set forth in Code of Civil Procedure § 430.41. (Hughes Decl. ¶ 2.) Despite telephonic and email attempts to discuss this matter with Plainti...

Excerpt: ...plaint is sustained without leave to amend. Meet and Confer Defendant has filed a meet and confer declaration that complies with Code of Civil Procedure section 430.41. (Lauber Decl. ¶ 4.) Demurrer Defendant City of Los Angeles (“Defendant”) demurs to Plaintiff Olivier Saint-Victor's (“Plaintiff”) Second Amended Complaint (“SAC”). A demurrer tests the legal sufficiency of the factual allegations in a complaint and will be sustained w...

Excerpt: ...mazon's demurrer to plaintiff's second cause of action is overruled. The demurrer is sustained without leave to amend as to the third cause of action. In a third challenge to Plaintiff Mascot Car Rental W, Inc.'s (“Plaintiff”) operative pleading, Defendant Amazon Logistics, Inc.'s (“Amazon”) demurs and moves to strike the causes of action for intentional and negligent interference with prospective economic relations from the now twice-ame...

Excerpt: ... the third and sixth causes of action is sustained with twenty (20) days leave to amend and overruled as to the remainder. Defendant's motion to strike punitive damages premised on Plaintiffs' fraud claim is moot. The motion is granted without leave to amend as to punitive damages premised on the Song-Beverly Claims. The motion is denied as to Plaintiffs' request for prejudgment interest and civil penalties. Defendant Kia Motors America, Inc. (�...

Excerpt: ...ackson Ruling: Defendant's Motion for Summary Judgment is granted. Defendant Farmers Group Inc. (“Defendant”) moves for summary judgment of Plaintiffs' claims. Defendant's Evidentiary Objections Only Defendant filed evidentiary objections; the court received none from Plaintiffs. Declaration of Stephen M. Bernardo Objections 1-11 are overruled. Objection 12 is sustained for lack of personal knowledge and foundation. Declaration of Yvonne Beck...

Excerpt: ... for leave to file a first amended complaint is denied. On November 19, 2020, the Court continued the hearing in this matter to allow for Plaintiff to make a supplemental filing and to submit a declaration which fulfills the requirements of California Rules of Court, rule 3.1324(b), and more specifically to specify when the facts giving rise to the amended allegations were discovered and why no request for leave to amend was made earlier. Leave t...

Excerpt: ... to approve the PAGA settlement is granted upon a showing that the revised settlement agreement was submitted to the LWDA in compliance with Lab. Code § 2699, subd. (l)(2). On November 17, 2020, this matter was continued to allow Plaintiff to submit further evidence pertaining to the settlement of Plaintiff's Private Attorneys General Act (“PAGA”) claim, and to address an apparent error in the allocation of PAGA penalties between the Labor &...

Excerpt: ...d in its entirety. The motion to strike is denied. Cross-Defendant That's Hollywood.com (“TH”) demurs to Cross-Complainant AMBI Distribution Corp.'s (“AMBI”) First Amended Cross-Complaint (“FACC”) and moves to strike its request for punitive damages. Demurrer First Cause of Action for Breach of Contract “To prevail on a cause of action for breach of contract, the plaintiff must prove (1) the contract, (2) the plaintiff's performance...

Excerpt: ...o compel arbitration is granted. This action is stayed pending resolution of arbitration. Even where the FAA governs the interpretation of arbitration clauses, California law governs whether an arbitration agreement has been formed in the first instance. (Baker v. Osborne Development Corp. (2008) 159 Cal.App.4th 884, 893.) Code of Civil Procedure section 1281.2 states, in relevant part: On petition of a party to an arbitration agreement alleging ...

Excerpt: ... in the reduced amount of $23,375, and costs in the amount of $556. Defendants John W. Martin and MobilityPay Holdings, Inc. (“Defendants”) move for an award of attorney's fees and costs as the prevailing parties on their Anti-SLAPP motion to Plaintiff David R. Wells' (“Plaintiff') complaint. Defendants move for an award in the total amount of $53,063, consisting of $35,375 with a lodestar multiplier of 1.5, and costs in the amount of $556....

Excerpt: ... Motion to Strike is denied. Defendants Henderson Wealth Management and Brett Henderson (“Defendants”) move to strike Plaintiff Jane Doe's (“Plaintiff”) Second Amended Complaint in its entirety on the ground that Plaintiff impermissibly uses a Doe designation. Defendants contend that the permissible uses of a doe pseudonym have been outlined by the Legislature, and are as follows: 1. California Rule of Court 8.401 requires the use of pseu...

Excerpt: ...s granted with twenty days leave to amend as to the second, third, fourth, fifth, sixth, seventh, and eighth causes of action. The motion is granted without leave to amend as to the tenth cause of action. Defendant Vengroff Williams, Inc. (“Defendant”) moves for judgment on the pleadings of Plaintiff Sung Yoon's (“Plaintiff”) First Amended Complaint (“FAC”). Second Cause of Action for Fraud Fraud requires that (1) the defendant made a...

Excerpt: ...tion is denied. Pursuant to Code Civ. Proc. § 916(a), [e]xcept as provided in Sections 917.1 to 917.9, inclusive, and in Section 116.810, the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby, including enforcement of the judgment or order, but the trial court may proceed upon any other matter embraced in the action and not affected by th...

Excerpt: ...ants Pacific Design & Construction and Marc Reynolds Ruling: Plaintiff/Cross-Defendant's Motion for Judgment on the Pleadings is granted with twenty days leave to amend. Plaintiff and Cross-Defendant Thrasher Development LLC (“Thrasher”) moves for judgment on the pleadings of Defendants and Cross-Complainants Pacific Design & Construction Services, Inc. and Marc Reynolds' (“Cross-Complainants”) cross-complaint. First Cause of Action for N...

Excerpt: ...otion for Summary Adjudication is denied. Evidentiary Objections Plaintiffs object to paragraphs 8 and 9 of the declaration of Michael Chung. The objection is sustained as to paragraph 9 and Exhibit C “CAIR record (Bates labeled FCA-MACHADO001069- FCA- MACHADO001071,” and overruled as to paragraph 8. Discussion Pursuant to Code Civ. Proc. § 437(f)(1), [a] party may move for summary adjudication as to one or more causes of action within an ac...

Excerpt: ... Keith Whitney Ruling: Defendants' demurrer is sustained without leave to amend as to the third cause of action for wrongful termination. The demurrer is sustained with twenty days leave to amend as to the first cause of action as against Defendant County of Los Angeles, and without leave to amend as to the individual defendants. The demurrer is sustained with leave to amend as to the fourth cause of action for intentional infliction of emotional...

Excerpt: ...ing: Defendants' motion to compel arbitration is granted. This action is stayed pending resolution of arbitration. Even where the FAA governs the interpretation of arbitration clauses, California law governs whether an arbitration agreement has been formed in the first instance. (Baker v. Osborne Development Corp. (2008) 159 Cal.App.4th 884, 893.) Code of Civil Procedure section 1281.2 states, in relevant part: On petition of a party to an arbitr...

Excerpt: ...ause of action for breach of contract, second cause of action for breach of the covenant of good faith and fair dealing and the third cause of action for fraud. Defendant Louis Mayorga (“Defendant”) demurs to the first cause of action for breach of contract, the second cause of action for breach of the covenant of good faith and fair dealing, and the third cause of action for fraud of Plaintiff Lisa Fancher's (“Plaintiff”) first amended c...

Excerpt: ...on is stayed pending resolution of arbitration. Even where the FAA governs the interpretation of arbitration clauses, California law governs whether an arbitration agreement has been formed in the first instance. (Baker v. Osborne Development Corp. (2008) 159 Cal.App.4th 884, 893.) Code of Civil Procedure section 1281.2 states, in relevant part: [o]n petition of a party to an arbitration agreement alleging the existence of a written agreement to ...

Excerpt: ...dant's motion to strike is denied. Demurrer Defendant Chromaleaf Imaging, LLC (“Defendant”) demurs to the First Amended Complaint's (“FAC”) first cause of action for fraud, the second cause of action for unfair competition, and the fifth cause of action for common counts. Uncertainty Defendant argues that the demurer to the FAC should be sustained because it is uncertain and ambiguous. Specifically, Defendant takes issue with Plaintiff's ...

Excerpt: ... of action is sustained with twenty days leave to amend. Defendant's Motion to Strike is granted with twenty days leave to amend as to Plaintiff's request for punitive damages, and denied as to civil penalties. Meet and Confer Defendant has filed a declaration showing compliance with the meet and confer requirements set forth in Code of Civil Procedure § 430.41. (Park Decl. ¶ 4.) Demurrer Defendant demurs to the following three causes of action...

Excerpt: ...parties meet and confer in advance of the November 30 hearing. The Nevada Judgment and Stipulation for Final Distribution On September 19, 2014, Chelese Conway (“Chelese”) filed an action in the Eighth Judicial District in Clark County, Nevada (the “Nevada Action”). A decision was issued in favor of Chelese, and against Plaintiff Stara O'Brien (“Plaintiff”), on May 11, 2016, in the amount of $113,081.30. (Motion Exh.1.) On July 21, 20...

Excerpt: ...s Motion is granted. As a preliminary matter, on June 30, 2020, Plaintiff filed a Motion to Compel Further Responses to Requests for Production of Documents (Set One), and Special Interrogatories (Set One), which Plaintiff also labelled a Pitchess motion. On September 30, the Court continued the hearing on Plaintiff's Pitchess motion to November 20, 2020, ordering that “[t]he parties are ordered to meet and confer in good faith and to file a jo...

Excerpt: ...rty: Plaintiff Christina Cruz Ruling: Defendants' motion to compel arbitration is granted. This action is stayed pending resolution of arbitration. Even where the FAA governs the interpretation of arbitration clauses, California law governs whether an arbitration agreement has been formed in the first instance. (Baker v. Osborne Development Corp. (2008) 159 Cal.App.4th 884, 893.) Code of Civil Procedure section 1281.2 states, in relevant part: [o...

Excerpt: ...he defective deposition subpoena. Requests for sanctions are denied. As a preliminary matter, Plaintiff contends that this Court should deny the motion because Defendant did not bring a separate motion for a protective order for each discovery device at issue. While separate motions are required for compelling discovery responses, Plaintiff provides no grounds for the proposition that a Court may not fashion a protective order affecting multiple ...

Excerpt: ...Party: Defendant Feng Jiang (Attorney's Fees); Plaintiff Anping Zeng (Strike Costs) Ruling: Plaintiff's motion for attorney's fees is granted in the amount of $219,645. Defendant's motion to strike costs is granted as to $226 in interpreter fees at the attempted deposition, and $2845.30 regarding transcripts not ordered by the Court. The motion is denied in all other respects leaving a total award of costs due to Plaintiff from Defendant in the a...

Excerpt: ...1,159.65. Background This action was filed on June 27, 2019. No court action was required until May 11, 2020, when Plaintiffs filed the present motion for attorney's fees. On August 21, 2020, the parties filed a Joint Status Report in which the parties assert that this this action was settled on January 15, 2020, and that Plaintiffs are deemed the prevailing party for purposes of recovering attorney's fees and costs. Plaintiffs seek a total of $3...

Excerpt: ... to approve the PAGA settlement is continued for the reasons set forth below. Requirement to Send Agency a Copy of Proposed Settlement “The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court.” (Lab. Code § 2699, subd. (l)(2).) Counsel for Plaintiff declares that on September 1, 2020, he submitted “Notice of Motion, the Memorandum of Points and Authorities, Declaration of H. Mark Madnick,...

Excerpt: ... Southern California Permanente Medical Group, and Maria C. Nicdao Ruling: Petitioner Tina Chapman's Petition to Vacate the September 19, 2019, Arbitration Award is denied. Petition to Vacate Arbitration Award As a general rule, the merits of an arbitrator's decision are not subject to judicial review. (SWAB Financial, LLC v. E*Trade Securities, LLC(2007) 150 Cal.App.4th 1181, 1195-1196.) Code of Civil Procedure section 1286.2, subdivision (a), w...

Excerpt: ...on Von Harnsberger, dba Harnsberger Realty Responding Party: Defendant/Cross-Complainant Anthony De La Sota Ruling: Cross-defendants' demurrer to the first, second, third, fourth, and fifth causes of action is overruled. The demurrer is sustained without leave as to the sixth claim for “tort of another” because it is not a separate cause of action and is already properly alleged within the prayer for damages. The motion to strike is denied in...

Excerpt: ...cument on eCourt. Plaintiff's request for attorney fees is denied. Both parties' requests for a $1,000 penalty are also denied. The court has received the notice of related cases filed by moving defendants on November 2, 2020, and notes that this action is the newest of all the actions listed on that notice. If defendants have not already, they should file the notice of related cases in each action listed in the notice so that a ruling may be mad...

Excerpt: ...ntiffs Irma Lorena Vizcarra, Anabel Tinoco, Juana Maria Rodriguez, Luis Antonio Vizcarra, Roxana Vizcarra-Garcia, and Valeriano Garcia Vizcarra Ruling: The motion for summary judgment is granted. Defendants Toyota Motor Sales, USA, Inc., Toyota Engineering North America, Inc., and Toyota North America, Inc. move for summary judgment on plaintiffs' complaint for (1) negligence—product liability, (2) breach of express and implied warranty, and (3...

Excerpt: ...s's Cross-Complaint Moving Party: Defendant Whittier Trust Company (Demurrer); Defendant Matthew W. Markatos (Another Demurrer); Plaintiff/Cross-Defendant Stonebridge Capital Management, Inc. & Cross-Defendants Richard C. Barrett and Debra L. Newman (MJOP) Superior Court of California County of Los Angeles Stonebridge Capital Management, Inc., Plaintiff, Case No. 19STCV35782 v. [Tentative] Ruling Matthew W. Markatos, et al., Defendants. And Relat...

Excerpt: ...dant has 30 days to answer the complaint. Request for Judicial Notice Defendant's request for judicial notice is granted as to the existence of the documents, but not as to the truth of any matter asserted therein. Meet and Confer Defendant has filed a declaration showing compliance with the meet and confer requirements set forth in Code of Civil Procedure section 430.41. (See Declaration of Paul S. Lecky, ¶ 2.) Demurrer Defendant demurs to plai...