Excerpt: ...tion for summary adjudication is granted in part and denied in part. Ori Zairi shall be dismissed from this action as he is not a party-in- interest. The motion for summary adjudication of Plaintiff's fourth through sixth causes of action is denied. Defendants Ford E.C., Inc., Travelers Casualty and Surety Company of America, and Farmington Casualty Company (“Defendants”) move for summary adjudication of Plaintiff Equery, Inc. dba Eccono Tree...

Excerpt: ...ranted. Petitioners Nalpak I LP, Nalpak II, LP, Nalpak Enterprises LLC, and Peter Xilas (“Petitioners”) petition the court for an order enforcing a certain December 1, 2020 subpoena for the production of documents served on Respondent 1inMM Capital LLC (“Respondent”) pursuant to Code Civ. Proc. § 2029.600. The petition, separate statement, and declaration of Joseph M. Wahl were served on Respondent's agent for service of process in Calif...

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: ...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...