Excerpt: ...veral years. sne is alleging in her complaint that she did not get along with ner manager, Xochitl Benavides, and that sometimes her manager would use a different tone ot voice with Plaintiff and use slang. Though it is not clear trom ner complaint, it appears that she is alleging that her employment was terminated atter a series ot disagreements Witn Benavides and other members ot management over the inspection ot cargo and passenger planes with...

Excerpt: ...000 for emotional distress damages in this constructive wrongful termination case. Plamtiff claimed no economic damages, as she obtained a similar new job within 2 weeks of her resignation at a substantially greater compensation rate. She had no loss of income. Plamtiff claimed no medical expenses were incurred, as she sought no medical care whatsoever for her emotional Injury. She claimed no expenses for medication of any type whatsoever as she ...

Excerpt: ...nterrogatories and Requests for Production on Defendants Youval Ziv and Pacific Holdings Partnership. Responses were due on June 28, 2022. (Motions at p. 3.) None were served. On July 20, 2022, Plaintiffs counsel reached out to Defendants' counsel to see if responses would be forthcoming. Defendants' counsel responded that they had not responded because Defendants and Plaintiff were engaged in settlement discussions. (Motions at p. 4.) A settleme...

Excerpt: ...laint Plaintiff makes several allegations in her SAC that her fellow employees at Defendant's company discriminated against and harassed her on the basis of her gender and religiorm Plaintiffs 92 page Second Amended Complaint is exceedingly contusing. While Plaintiff makes numerous conclusory allegations ot such things as discrimination (race, gender, age, etc), harassment, and many other conclusory statements, it is devoid ot the necessary tactu...

Excerpt: ...ong has previously been declared a vexatious litigant as a result of his filings regarding this event. Plaintiff filed his most recent action alleging two causes of action against Burbank Healthcare for extrinsic fraud and violation of HIPAA and CIMA. Defendant Burbank Healthcare demurs to Plaintiff s entire complaint for several reasons. First, Defendant demurs to the complaint because the causes of action fraud and violation of HIPAA are barred...

Excerpt: ... view of the party." Once again Defendant/Cross-Complainant Empire Container Freight, Inc. has chosen to remain silent. This silence is in the face of a very significant discovery motion following its repetitive failure to voluntarily comply with its discovery obligations, followed by its failure to comply with numerous court orders on that discovery. Plaintiff seeks issue and monetary- sanctions against Defendant pursuant to CCP 2023.010, 2023.0...

Excerpt: ...Iainants tailed to provide the contracted services and breached the patties: agreement by failing to provide Plaintiff witn access to some of its digital accounts. In response, Defendants/Cross-Complainants filed a cross-complaint In which they allege nuo causes of action. The first is tor breach of contract and the second tor defamatiom Cross-complainants claim that PlaintiWCross-Defendant breached the contract by tailing to give 30 days' notice...

Excerpt: ... all causes of action and affirmative defenses. On December 9, 2022, Defendant retained new counsel, who reviewed the file and other information and found that Plaintiff had also breached the contractual relationship by failing to provide Defendant with packaging for Defendant's product and brand launches in 2019. After discovering this information, Defendant's counsel drafted a cross-complaint, attached to the Antigua Declaration as Exhibit B, a...

Excerpt: ...ial. Plaintiff is appealing that judgment. After Plaintiff filed his appeal, Defendant obtained a writ of execution on December 16, 2022, for the total amount due on the judgment; $30,359.03. Plaintiff argues in his motion that a judgment for costs only is automatically stayed pending an appeal. Plaintiff claims that no undertaking is necessary in such a situation. (Code of Civil Procedure § 917.1(d).) [As Defendant notes, Plaintiff also mention...

Excerpt: ...against Defendants for alleged workplace discrimination and hostile work environment, among other things. Other claims, not relevant to these 5 demurrers include various claims of failure to comply with numerous labor law provisions, such as failure to pay overtime, failure to provide meal periods, failure to pay minimum wages, etc. Insofar as relevant to these demurrers, Plaintiff alleges that he suffered harassment on the basis of his race, anc...

Excerpt: ...aintiff). That partnership was operated through a business entity, Defendant Lumbre Music. Under their agreement, they would seek out new musical talent to be signed to Rancho Humilde Entertainment, LLC. In this motion, Plaintiff alleges that Non-Party Del Records is paying all or some of the legal fees of Defendants because Del Records is Rancho Humilde's biggest competitor. Plaintiff claims that knowing whether Del Records is paying these legal...

Excerpt: ...dants for six causes of action, including (1) battery; (2) negligence; (3) intentional infliction of emotional distress; (4) fraudulent concealment; (5) private nuisance; and (6) public nuisance. The causes of action arise out Plaintiff's stay at Defendants' hotel, when Plaintiff was allegedly bitten by bedbugs and suffered severe discomfort as a result. B. Procedural This action was originally filed by Plaintiff on June 17, 2020. On November 21,...

Excerpt: ...ion for fraud premised on a claimed fraudulent concealment. Defendant filed a demurrer with motion to strike on January 13, 2023, as to Plaintiffs' third cause of action for fraudulent concealment and Plaintiffs' claim for punitive damages. Plaintiffs oppose Defendant's motion. II. MOVING PARTIES' GROUNDS FOR THE DEMURRER Defendant demurs to the third cause of action for fraudulent concealment on the basis that it fails to state facts sufficient ...

Excerpt: ...ished for years. It was ordered into arbitration in June 2020. Yet Defendant contends that Plaintiff has not commenced arbitration until very recently. What is the timeline of the arbitration events? And to cap off the oddity of this timeline, the Court is informed that Plaintiff is 91 years old. The declarations submitted to explain this history are not satisfactory to give the court a sufficient picture of these proceedings. Please explain. Mov...

Excerpt: ...2. This Motion is resolved by application of the mandatory 60 day period for bringing this motion set forth in C.C.P. § 2025.480(b). Weinstein v. Blumberg (2018) 25 Cal.App.5th 316, 321. Plaintiff Rosa Lucio (Plaintiff) did not answer questions that her attorney objected to during the deposition. Defendant alleges in the body of its motion that its attempts to meet and confer with Plaintiff were ignored. Further, Defendant argues that it is enti...

Excerpt: ...ed answer by July 5, 2022. Therefore, Defendant's default was entered on November 23, 2022. Apparently not understanding the consequences of being in default, on January 19, 2023, Defendant Ashley Simpson filed a motion with the Court to invalidate the HOA lien. For the reasons discussed below, the Court will not consider this motion. LEGAL STANDARD AND ANALYSIS Entry of a defendant's default instantaneously cuts off his right to appear in an act...

Excerpt: ...laint, Plaintiff is alleging that she has suffered and continues to suffer from emotional distress, anxiety, depression, headaches, tension, and medical expenses for psychological counseling and treatment. (Schreck Decl., at ¶ 36, Ex. B, 8:12-15.) She also alleges that she suffers from humiliation, emotional distress, and mental and physical pain and anguish. (Schreck Decl., at ¶ 152, Ex. B, 24:7-8.) Plaintiff also alleges several other mental ...

Excerpt: ...t an employee of Defendant Browning-Ferris Industries of California Inc. (Defendant) sexually harassed them. Defendant's former in-house counsel, Magdalena Osborn, assisted Defendant's HR Department in the investigation of Plaintiffs' sexual harassment claims. Plaintiffs now seek to depose Ms. Osborn because of her involvement in the investigation, but Defendant opposes Plaintiff's motion to compel deposition based on the attorney-client privileg...

Excerpt: ...hnologies USA, Inc. On September 1, 2022, Cross- Complainant filed a Cross-Complaint (CC) alleging several causes of action related to Cross-Defendant's alleged misappropriation of trade secrets related to his employment with Cross-Complainant. Cross-Defendant filed this Demurrer to the CC on December 22, 2022. Cross-Complainant filed an opposition on January 25, 2023. Cross-Defendant filed his reply on January 30, 2023. II. ANALYSIS A. The Demur...

Excerpt: ... compel arbitration and stay the action. Plaintiff opposes. Request for Judicial Notice Plaintiff has requested that the Court take Judicial Notice of a published Ninth Circuit case, Ngo v. BMW of North America, LLC et al., (9th Cir. 2022) 23 F.4th 942. It reached a conclusion that is contrary to another published decision. It is the view of the Court that there is no need to ask for judicial notice of published federal decisions when the purpose...

Excerpt: ...suing Defendant City of Palmdale and other defendants based on multiple causes of action, including false imprisonment and illegal search and seizure. Defendant City of Palmdale is an incorporated city in California and is a public entity. B. Procedural This action was originally filed by Plaintiff on June 21, 2022. Defendant filed this Demurrer on January 6, 2023. Plaintiff filed her opposition on January 25, 2023. Defendant filed its reply on J...

Excerpt: ... At a minimum, the failure to file anything deprives the Court of the benefits of the view of the party. “By failing to oppose the motion in the trial court, Stewart has forfeited his arguments that the trial court's ruling on the motion was erroneous. “A failure to oppose a motion may be deemed a consent to the granting of the motion.” (Cal. Rules of Court, rule 8.54(c).)”. Stewart v. Extended Stay America (Cal. Ct. App., Sept. 18, 2017,...

Excerpt: ...infliction of emotion distress. As part of their claims for relief, Plaintiffs have requested punitive damages. Plaintiffs are requesting that the Court bifurcate the liability phase of the trial from the damages phase. They also appear to seek a bifurcation of the punitive damages phase. They indicate that if Defendants are found to have acted with malice, fraud, and/or oppression, Plaintiffs can request leave of the Court to conduct financial d...

Excerpt: ...esolved. Plaintiff has stated in the Opposition that supplemental answers were served and moving party had not responded indicating that the matter is no longer in dispute. BACKGROUND This action was filed on January 29, 2019. Plaintiff sued Defendants for 1) Gender-based/Sex Discrimination; 2) Sexual Harassment; 3) Failure to Prevent Discrimination and Harassment; 4) Failure to Correct and Remedy Discrimination and Harassment; 5) Retaliation for...

Excerpt: ...1, upon leaving the United States and at various times, Plaintiff deposited or caused to be deposited the sum of USD 105,000 (“FUND”) to Defendant YE's bank account. Plaintiff asked Defendant to temporarily hold the FUND on Plaintiff's behalf and to promptly return all of the FUND to Plaintiff upon Plaintiff's request. But most of the funds were not returned by Defendant Ye when Plaintiff requested the return. Plaintiff filed a complaint on F...