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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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...