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