Excerpt: ...n arise out of alleged problems that Plaintiff experienced during his tenancy at a property owned by Defendant. Defendant filed her Answer on September 26, 2022. It is a general denial followed by 9 pages containing 48 affirmative defenses. Plaintiff has now filed his Demurrer to Defendant's Answer attacking the 48 affirmative defenses on the ground that the Answer (1) fails to state facts sufficient o state an affirmative defense and (2) that al...

Excerpt: ...ned an expert to testify on that topic in this second litigation. Plaintiff dismissed this malpractice case before trial and therefore there was no need to present that expert testimony at trial. The attorney filed a Memorandum of Costs seeking to recover $6,200 for experts fees. That filing caused this Motion to Tax Costs, claiming that expert witness fees are not authorized by Code of Civil Procedure § 1033.5. (See C.C.P. § 1033.5(a)(8) allow...

Excerpt: ...rocedure § 1281.98. No Opposition has been filed. Plaintiff filed this action on July 7, 2021. On August 11, 2021, Defendant Tesla, Inc. filed its Motion to Compel Binding Arbitration. The Motion was granted by this Court on December 6, 2021. The Court also stayed this action pending the arbitration. Plaintiff contends that Tesla has materially breached the arbitration agreement pursuant to C.C.P. § 1281.98. That statute provides in part: (a)(1...

Excerpt: ...y a Covered Claim and Breach of the Covenant of Good Faith and Fair Dealing. In May 2017 Plaintiff obtained disability insurance coverage through Defendant. (Complaint ¶ 7.) The policy was procured by her employer, Katten Muchin, and offered to Plaintiff through the firm. Plaintiff paid for the policy by deductions from her partnership draws. Plaintiff alleges that she became totally disabled and stopped working in September 2017. She submitted ...

Excerpt: ....” (SAC ¶ 10.b.) There are two causes of action. The causes of action arise out of events that took place “before, on and after April 2, 2022” and “before, on and after May 12, 2022.” Defendants “negligently failed to properly treat and provide reasonable security to Plaintiff” with respect to the events that took place “before, on or after” those two dates. The Second Amended Complaint is very unclear regarding the liability c...

Excerpt: ...ut who shall be the arbitrator. “If the arbitration agreement provides a method of appointing an arbitrator, that method shall be followed. If the arbitration agreement does not provide a method for appointing an arbitrator, the parties to the agreement who seek arbitration and against whom arbitration is sought may agree on a method of appointing an arbitrator and that method shall be followed. In the absence of an agreed method, or if the agr...

Excerpt: ...dual arbitration and dismiss representative claims. Plaintiff opposed this motion. On April 1, 2022, this Court held a hearing on the motion and stayed the case in its entirety pending resolution of the U.S. Supreme Court case Viking River Cruises. On July 25, 2022, Defendant filed a notice of new authority regarding the motion to compel individual arbitration and dismiss representative claims, as the Viking River Cruises decision had been releas...

Excerpt: ...es 1 through 40 for (1) violation of Song-Beverly Act – breach of express warranty; (2) violation of Song-Beverly Act – breach of implied warranty; (3) violation of Song-Beverly Act – Section 1793.2; and (4) negligent repair. On June 14, 2022, Plaintiff filed a notice of settlement of entire case. On September 27, 2022, Plaintiff filed the instant motion for attorneys' fees and costs. Defendant filed opposition papers on October 11, 2022. P...

Excerpt: ...tiffs oppose Defendant's motion. Discussion I. Motion to Compel Arbitration Defendant has moved to compel arbitration as to Plaintiffs' individual PAGA claims. (Motion at p. 2.) California law incorporates many of the basic policy objectives contained in the Federal Arbitration Act, including a presumption in favor of arbitrability. (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 971-972.) The petitioner bears the burden of prov...

Excerpt: ...serted in the Plaintiff's Complaint are for (1) Possession of Personal Property; (2) Conversion; (3) Negligence; (4) Promissory Fraud; and (5) Unfair Competition. Plaintiff filed this motion on September 2, 2022. The Discovery Two of the three motions addressed in this ruling were originally on calendar in this department on September 28, 2022. No substantive responses were provided to the Special Interrogatories. No Responses were provided to th...

Excerpt: ... Plaintiffs do oppose the motion to dismiss their representative PAGA claims. The Motion to Compel Arbitration of the individual PAGA claims is GRANTED. REPRESENTATIVE PAGA CLAIMS Defendants have requested that the Court dismiss Plaintiffs' representative PAGA claims based on the recent U.S. Supreme Court (SCOTUS) ruling in Viking River Cruises, Inc. v. Moriana. Plaintiffs, in opposition, have asked the Court to either deny Defendants' request, o...

Excerpt: ...ant's delay; and (3) Defendant's delay has prejudiced Plaintiffs. In determining whether a party waived contractual arbitration rights by participating in litigation, court s usually consider the amount of litigation, the time elapsed from the commencement of litigation to the request for arbitration, the proximity of a trial date when arbitration is sought, and whether the party filing the lawsuit intended to elect a judicial forum rather than t...

Excerpt: ...ost an undertaking in the reduced amount of $33,350 (rather that $43,350 as requested by moving party). Legal Standard “When the plaintiff in an action or special proceeding resides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking.” (Code Civ. Proc., § 1030(a).) The plaintiff, however, will not be required to file an u...

Excerpt: ...s non-individual, or representative, PAGA claims and STAYS proceedings pending the California Supreme Court's decision in Adolph v. Uber Technologies, Inc., Case Number S274671. Judicial Notice Plaintiff asks the Court to take to take judicial notice of seven recent Superior Court of California rulings considering motions to compel arbitration after Viking River. Plaintiff desires to have this Court receive the benefit of the thinking of other Su...

Excerpt: ...ficiency of the evidence supporting the award, or the validity of the arbitrator's reasoning.... Indeed, with limited exceptions, ‘an arbitrator's decision is not generally reviewable for errors of fact or law, whether or not such error appears on the face of the award and causes substantial injustice to the parties.'” (Dept. of Personnel Admin. v. Cal. Correctional Peace Officers Ass'n (2007) 152 Cal.App.4th 1193, 1200. Accord California Sch...

Excerpt: ...st both in the amount of $2,000 plus $240 for filing fees against each of the two Defendants for their failure to comply with their discovery obligation. The discovery was served on June 28, 2022. Responses were due in early August 2022. No timely response were served. No request for an extension was sought. Moving party sent Defendants' counsel an email inquiring about the discovery responses. There was no reply. These motions were then filed in...

Excerpt: ... Fifth, Sixth and Seventh Causes of Action in the Second Amended Complaint. As to each Cause of Action, the basis for the demurrer is the claim that Plaintiff has not alleged sufficient facts to hold Trader Joe's vicariously liable for the conduct of its employee. A demurrer tests the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party's pleading. It is not the function of t...

Excerpt: ...ewart (“Plaintiff”) filed this employment action against Defendants Dr. V Productions, Inc. (“DVP.”), Venus Nicolino (“Nicolino”), and Matthew Johnson (“Johnson”) (collectively, “Defendants”). The Complaint alleges the following causes of action cause of action: (1) Disability Discrimination in Violation of California Fair Employment and Housing Act; (2) Failure to Accommodate a Disability in Violation of California Fair Emplo...

Excerpt: ...gainst Defendants Drake Buchanan (“Buchanan”), Civic Financial Services, LLC (“Civic Financial”), Civic Securitization Trust II (“Civic Trust”), Entra Default Solutions (“Entra”), Fay Servicing LLC (“Fay”), Contempo Escrow (“Contempo”), Fast Action Mortgage, Inc. (“Fast Action”), Shanshan Xu (“Xu”), and Does 1 through 50 inclusive (collectively “Defendants”). Plaintiff alleges that Defendant Buchanan made mater...

Excerpt: ...�) rented an apartment from Defendant Kent Apts., LLC (“Defendant”) at 732 S. Normandie Ave., Los Angeles, CA 90005 (the “Property”). (Compl. ¶ 2.) Plaintiff alleges that the Property was “slum housing”, and that Defendant allowed a bed bug infestation to spread unabated, among other violations of the Civil Code. (Compl. ¶ 3.) Plaintiff was caused physical and emotional damage as a result of these housing conditions. (Compl.¶ 5.) P...

Excerpt: ... FACTUAL BACKGROUND This is an action about the unlawful towing of a vehicle. The operative First Amended Complaint (“FAC”) alleges as follows. Defendant Tow Zone Towing & Recovery (“Tow Zone”) unlawfully towed Plaintiff's vehicle (the “Subject Vehicle”). (FAC at p. 2.) Defendant Antonio Martinez (“Martinez”) owns Tow Zone. (Ibid.) Tow Zone then unlawfully sold the Subject Vehicle. (FAC at p. 6.) Plaintiff alleges that Defendant D...

Excerpt: ...WERS TO PLAINTIFF'S FORM INTERROGATORIES AS TO DEFENDANT PNP PRECIOUS METALS, INC. AND FOR MONETARY SANCTIONS. Plaintiff Cyrus Chady's Motion Compelling Responses to Plaintiff's First Request for Production of Documents as to Defendant PNP Precious Metals, Inc. is GRANTED. Plaintiff Cyrus Chady's Motion for Order Compelling Answers to Plaintiff's Form Interrogatories as to Defendant PNP Precious Metals, Inc. is GRANTED. Plaintiff Cyrus Chady's Re...

Excerpt: ...nswer. FACTUAL BACKGROUND This is an action for Breach of an Oral Contract for Joint Venture. The operative First Amended Complaint (“FAC”) alleges as follows. John Park (“Park”) founded Parkwest Casino in 1997. (FAC ¶ 6.) In 2020, Park purchased a minority share of a local Southern California casino with the intent to ultimately acquire the entire casino. (FAC ¶ 7.) The intended acquisition comprised of two parts; the operating company...

Excerpt: ...e Complaint alleges as follows. In April, 2017, Plaintiff Leon Snell (“Snell”) entered Defendant Numero Uno Market (“Numero Uno”) The security guard, later identified as being employed by Defendant Unified Protective Service, Inc. (“Unified”) proceeded to follow Snell and his friend around the store. (Compl. ¶ 7.) Snell alleges that the extra attention was due to his race; Snell is an African American man. (Ibid.) Snell paid for his ...

Excerpt: ...om the Bankruptcy Court, should it so choose. FACTUAL BACKGROUND This is an action for Quiet Title. The operative First Amended Complaint alleges as follows. Plaintiff MMZ Holdings, LLC (“MMZ”) owns property located at 1213, 1217, and 1223 Centinela Way, Inglewood, California (“Subject Property”). (FAC ¶ 2.) MMZ obtained a loan from Defendant Melissa Thomas (“Thomas”) in the amount of $2,400,000.00. (FAC ¶ 8.) The loan was secured b...