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...