Excerpt: ... 2023. Plaintiff filed his (late) Opposition June 20, 2023. City of Alhambra filed a Reply on June 23, 2023. On June 26, 2023 the Court sustained the Demurrer noting: “First and foremost, since Plaintiff's complaint is against a government entity, for the complaint to survive it would have needed to include an allegation that Plaintiff complied with the Government Tort Claims Act. There is no such allegation. Accordingly, Defendant's demurrer m...

Excerpt: ...eges that she obtained a judgment against Flowers and filed a judgment lien against the property. Thus, she claims that she is entitled to the excess proceeds from the foreclosure. Defendant SBS Trust Deed Network answered and filed a Cross-Complaint in interpleader claiming that there are conflicting claims to the excess proceeds ($355,000) from the foreclosure. It alleged that it would pay the excess funds into the Court. It has not done so. Bo...

Excerpt: ...Act and negligent repair of the vehicle. Plaintiff's Song-Beverly claims arise out of the written warranty provided by Mercedes-Benz. The written warranty provided by Mercedes-Benz does not contain an arbitration provision. The dealer that sold the vehicle to Plaintiff entered into a retail sales contract with the Plaintiff. It expressly disavowed any warranties. (Paragraph 4.) But it contained an arbitration provision. So, having chosen to NOT i...

Excerpt: ...of Plaintiffs' First Amended Complaint, Plaintiffs have requested exemplary (punitive) damages and attorney fees for the Second and Third Causes of Action in their demand for judgment. Defendant filed this motion to strike in order to strike Plaintiffs' requests for exemplary damages and attorney fees. Plaintiff entered into a written contract with Defendant for a one-way private jet aircraft trip from Maui Hawaii to Van Nuys California, to be ta...

Excerpt: ... of showing that there were triable issues of fact for her causes of action for sexual harassment, FEHA retaliation, and whistleblower retaliation against Defendant. Judgment was entered in favor of Defendant on August 21, 2023. On October 27, 2023, Defendant filed its Memorandum of Costs, in which it is requesting $19,071.90 in costs. On November 9, 2023, Plaintiff filed her motion to strike Defendant's memorandum of costs. Plaintiff filed the m...

Excerpt: ...ach of duty of good faith and fair dealing and breach of contractual duty to pay a covered claim against Defendant. As part of her claim for relief, Plaintiff is requesting punitive damages against State Farm. Defendant is requesting that the Court bifurcate the liability phase of the trial from the punitive damages part of the trial so that Defendant must first be found to have acted with malice, fraud, or oppression before Defendant must disclo...

Excerpt: ...f) has sued Defendant Child Care Resource Center, Inc. (CCRC) (Defendant) for two causes of action: negligence and violation of mandatory duty. Defendant CCRC provides childcare referrals for licensed childcare provides to parents and guardians. (UMF 1.) Plaintiff's mother and guardian ad litem, Ashley Holmes, utilized CCRC's services. (UMF 2.) Holmes understood that CCRC was not responsible for licensing the childcare providers for which CCRC pr...

Excerpt: ...tion for Summary Judgment, or, in the Alternative, Summary Adjudication Forouzan Golshani vs. Board of Trustees of the California State University, 20STCV40168 Moving Parties: Defendant Board of Trustees of the California State University Responding Party: Plaintiff Forouzan Golshani I. Background Plaintiff Forouzan Golshani (Plaintiff) was Dean of the of the College of Engineering at California State University Long Beach (CSULB) from 2007 to 20...

Excerpt: ...is to ask the Court to follow the interpretation of law noted by another Superior Court Judge. Rule of Court 8.1115 essentially provides that only published California Supreme Court or Cout of Appeal decisions may be cited. Other cases “must not be cited or relied on by the court or a party in any other action.” How does this rule apply to (unpublished) Superior Court rulings by other judges? Perhaps the failure of the Rule to address this qu...

Excerpt: ... Defendant. The cause of action at issue in the demurrer is Plaintiff's Seventh Cause of Action for Sexual Assault and Battery. Plaintiff's cause of action for Sexual Assault and Battery is based on her allegations that her former Leader on Duty, Eros Surla kissed her and touched her in an inappropriate manner while she was at work. (FAC, ¶¶ 29-32, 134, 135.) Plaintiff filed her FAC on September 25, 2023. Defendant filed this demurrer on Octobe...

Excerpt: ...amed, M.D., (Plaintiff) filed this case on June 24, 2022. Plaintiff has alleged one cause of action against Defendants Cedars-Sinai Medical Center (CSMC), CFHS Holdings dba Marina del Rey Hospital (MDR Hospital), the Medical Staff of Cedars-Sinai Medical Center (CSMC Medical Staff), and the Medical Staff of CFHS Holdings dba Marina del Rey Hospital (MDR Hospital Medical Staff) (collectively Defendants). Plaintiff's cause of action against Defenda...

Excerpt: ... Plaintiff did not object to the subpoena, did not oppose the Motion to Compel Compliance with the Deposition Subpoena, and has not presented any showing that any communications are not directly related to her claimed damages against the County. Downtown also failed to set forth any showing that there are any communications not directly related to the issues Plaintiff tendered to the Court. To the contrary, Plaintiff made it clear through written...

Excerpt: ...a, Inc. (Defendants) failed to provide him with disability accommodations as his employers. He also alleges several other causes of action related to his employment and termination. As part of his complaint, Plaintiff has made requests for punitive damages at pp. 9:1-6; 10:24-27 – 11:1-2; 15:6-11; 16:17-22; 18:9-14; and in paragraph 8 of the Prayer for Relief on p. 27. Defendants have moved to strike Plaintiff's requests for punitive damages on...

Excerpt: ...of action in the Complaint included multiple FEHA violations including discrimination based on disability, harassment, and retaliation; retaliation for disclosing violations of the law; and violations of wage and hour statutes. On January 11, 2023, Defendant Juan Gonzalez served a first set of Requests for Admission. On March 24, 2024 Plaintiff served responses and objections. On August 4, 2024, Plaintiff served supplemental responses and objecti...

Excerpt: ...omplaint and Motion to Compel Arbitration This action was initiated by Plaintiff Marcus Witt against Defendant Postmates Inc. on January 12, 2023 as a limited jurisdiction case assigned to Judge Mark E. Windham in the Spring Street Courthouse Dept. 26. It is styled as a “Complaint for Civil Penalties under the Private Attorney General Act of 2004 (“PAGA”).” A First Amended Complaint was filed January 13, 2023. It alleged the same PAGA cla...

Excerpt: ... filed its motion to compel arbitration on September 1, 2023. In October 2018, the parties signed a General Agent Agreement. That Agreement included an arbitration provision that reads as follows: The Parties agree that any legal disputes or claims between the Parties, including any regarding this Agreement or its termination (including but not limited to the interpretation, enforceability, revocability, or validity of the Agreement, or the arbit...

Excerpt: ...nts 1016 Industries, Inc., and Peter Northrop (Defendants) filed these motion after Plaintiff Giavanna Papasavvas (Plaintiff) objected to some of their special interrogatories and did not provide what Defendants considered to be full and complete responses. For Defendant 1016 Industries, the relevant Special Interrogatories are Nos. 3, 17, 19, and 20. Defendant filed this motion pursuant to CCP §§ 2030.300 and 2023.010. Defendant filed the moti...

Excerpt: ...ent. On January 23, 2020, Plaintiff entered into an Arbitration Agreement in connection with her employment, in which it was agreed that she would arbitrate any and all claims, disputes or controversies related to her employment. (Bouchard Decl., Ex. 2.) The Arbitration Agreement included an opt out provision. (Id.) Based on this Agreement, Defendant has moved to compel arbitration, claiming that Plaintiff's claims are arbitrable under the Agreem...

Excerpt: ...t Form Interrogatories are Nos. 200.4, 201.1, 201.4, 207.2, 209.2, 211.1, 211.2, 211.3, 214.1, 216.1, and 217. Plaintiff filed this motion pursuant to CCP §§ 2030 et seq. Plaintiff is requesting $11,400 in sanctions for having to bring the motion. Plaintiff filed the motion on July 24, 2023. Defendant alleges in its opposition that Plaintiff failed to meet and confer in good faith. By November 13, 2023, Defendant had served supplemental respons...

Excerpt: ... § 18.) Plaintiff also alleges that that the scooter malfunctioned and/or unexpectedly accelerated and caused Plaintiff to fall off the scooter. (FAC, § 21.) There is also much boilerplate that uses conclusory verbiage but adds no substance. Based on this incident, Plaintiff has alleged a cause of action for premises liability against Defendant City of Los Angeles and two causes of action for product liability and negligence against Defendant L...

Excerpt: ...iffs' complaint was based on their allegations that while Defendants had disclosed the location of the septic tank manhole, they failed to disclose that they had built an unpermitted sunroom directly over the home's septic tank with a seepage pit access point within the outdoor kitchen. (Opposition at pp. 6-7.) Plaintiffs alleged that these things were in violation of Los Angeles County's septic tank setback ordinance. (See Los Angeles County Cod...

Excerpt: ... $28,330.00. There is no proof of service filed with the documents. Cross-Complainant Basnet should refer to the Execution of Judgments law and use the proper forms for an application for order and appearance. Specifically, he should use form AT-138/EJ-125. Cross-Complainant must also properly serve Cross-Defendant Sukhpreet Singh and file a proof of service. TENTATIVE RULING: The hearing set for November 15, 2023, is ordered Off Calendar. Case N...

Excerpt: ...tom .... The page numbering must begin with the first page and use only Arabic numerals (e.g., 1, 2, 3)….” Plaintiff shall comply with the page numbering requirement or the pleading and briefs may be stricken by the Court on its own motion. A. Factual In her Third Amended Complaint (TAC), Plaintiff alleges seven causes of action involving her employment at and termination from Defendant's company. The causes of action are harassment, retaliat...

Excerpt: ...gment was entered for Plaintiff against The Bucket on March 13, 2022 for $312,493.85. Another year passed and on April 13, 2023 Plaintiff filed an Affidavit of Identity and Order seeking to list as an additional name of The Bucket “The Five, LLC dba The Bucket aka bucket.” Plaintiff began enforcement proceedings more recently. Judgment Debtor The Five, LLC (The Five) has moved to set aside/vacate default and default judgment. The Five moves t...

Excerpt: ...ntiff Content Checked Holding (CCH) has unclean hands and is in pari delicto. Because CCH had unclean hands, the Court ruled that CCH shall take nothing on its complaint pursuant to Peregrine Funding, Inc. v. Sheppard Mullin, Richter & Hampton LLP (2005) 133 Cal.App.4th 658. Though the motions are moot, the Court will briefly address them on their merits. I. Motion for Judgment Notwithstanding the Verdict. CCH argues that the jury should not have...

Excerpt: ... Co., Inc.'s (Defendant) motion to compel arbitration. The Court granted the motion pursuant to the Third District's Felisilda v. FCA US, LLC (2020) 53 Cal.App.5th 486, which held that arbitration clauses in the purchase agreements with car dealerships may apply to the third party car manufacturers in certain circumstances. In that case, the dealership had originally been a party to the lawsuit, so the Court of Appeal held that the arbitration cl...

Excerpt: ...dants”). (UMF Nos. 1, 9.) Plaintiff was injured when a piece of metal that he was holding came into contact with a power line. (UMF Nos. 9-10.) Plaintiff was hired by Defendant Gustavo Espinoza as an independent contractor. (Plaintiff's Comp., ¶ 3.) Espinoza was hired by Defendant Numa Brothers as a subcontractor to work on the premises. (Plaintiff's Comp., ¶ 4.) Numa Brothers were hired by YGV for the construction. (Plaintiff's Comp., ¶ 4.)...

Excerpt: ...alifornia Inc. (Greystar) is one of several entities that owns the property. (Comp., ¶ 19.) It appears from Plaintiff's complaint that she lives at the property where she was attacked. Plaintiff's complaint attempts to allege 12 causes of action against all named and Doe defendants. The causes of action include assault; battery; intentional infliction of emotion distress; false imprisonment; negligence; tenant harassment; housing discrimination;...

Excerpt: ...ssory Note for the sum of $448,00.00. (UMF No. 1.) In connection with the Note, Plaintiff and Borrower entered into a Loan Agreement. (UMF No. 2.) The Note provided that Borrower will pay the loan in full immediately upon Plaintiff's demand. As part of the Loan Agreement, Defendant and Rajinder Adlakha executed a Guaranty in the event that the Borrower cannot pay. (UMF No. 6.) Borrower defaulted on the loan obligations on December 23, 2018. (UMF ...

Excerpt: ... § 1281.2. Defendant seeks to compel arbitration of Plaintiff's individual PAGA claims. Plaintiff does not dispute that the agreement exists or that the arbitration agreement is enforceable. Instead, Plaintiff opposes Defendant's motion on the basis that the arbitration agreement does not apply to “private attorney general representative action” and those claims cannot be arbitrated and should proceed in court. (Magnanimo Decl., Ex. A., ¶ 7...

Excerpt: ...cation, filed on August 18, 2023, addresses all five of Plaintiff's causes of action. Plaintiff bought the subject vehicle on August 13, 2012. (UMF No. 1.) Over the 10 years and 119,000 miles that the subject vehicle was driven, primarily by Plaintiff's son, the vehicle was presented for warrantable concerns four times. On July 7, 2016, the first occasion, when the vehicle was at 43,517 miles, the transmission oil temperature sensor was replaced....

Excerpt: ...urt for an order, upon notice and hearing, requiring the plaintiff to furnish security” for the action based upon grounds that “there is no reasonable possibility that prosecution of the cause of action alleged in the complaint against the moving party will benefit the limited liability company or its members.” (Cal. Corp. Code § 17709.02(b)(1).) Further, “[i]f the court determines, after hearing evidence adduced by the parties, that the...

Excerpt: ...ises out of a business relationship to own and operate a restaurant between Plaintiff Kim and Defendant Jason Bin Lee (Defendant or Lee). Both parties were involved in the restaurant business. In March 2021 they entered into a written agreement which serves as the main focus of their disputes. The Agreement provides that Plaintiff would own 51% of the shares of the restaurant corporation, B&K Enterprise, Inc. (B&K), while Defendant would own 49% ...

Excerpt: ...ble to remedy. Plaintiff is also alleging that Defendant made misrepresentations to Plaintiff regarding the features of the vehicle and duration of the vehicle's charge. Plaintiff leased the subject vehicle on July 6, 2018. Plaintiff's complaint alleges that the vehicle was delivered to Plaintiff with serious defects and nonconformities. (Comp., ¶ 10.) Plaintiff did not file his complaint until June 14, 2023. Defendant filed its demurrer to Plai...

Excerpt: ... Production. After Plaintiff granted an extension, responses were due by July 31, 2023, but no responses were ever received. (Motions at p. 1.) Plaintiff filed these motions on September 6, 2023. Plaintiff seeks an order deeming the requests for admission admitted and an order compelling responses to the form interrogatories and requests for production. Pursuant to CCP § 2033.280, Plaintiff seeks sanctions in the amount of $1,050 for each of the...

Excerpt: ...19. On August 29, 2023, this Court granted Plaintiff Michele Santopietro (Plaintiff) leave to amend her complaint to add a few causes of action, and the Court continued the jury trial in this case to January 2024. Plaintiff filed her Second Amended Complaint on September 5, 2023. Defendant filed a demurrer to Plaintiff's added Eleventh Cause of Action for Negligent Misrepresentation, Thirteenth Cause of Action for Constructive Eviction, and Fourt...

Excerpt: ...scrimination. Plaintiff filed the lawsuit on May 23, 2023. The motion to compel arbitration and stay proceedings filed by Defendants is based on a form that Plaintiff allegedly electronically signed when he began working for Macy's. The form is called Solutions InSTORE New Hire Acknowledgment. (Ripak Decl., Ex. D.) It includes references to Defendant's arbitration program. From the time Plaintiff signed the form, Plaintiff had 30 days to opt out ...

Excerpt: ...Hollywood Medical Center, L.P.; Wells Fargo Bank; Zurich American Insurance Company; Liberty Mutual Insurance Company; Federal Insurance Company; Berkshire Hathaway Specialty Insurance Company; and Continental Casualty Company. There is an arbitration clause in the Prime Contract, called Construction Management Services with Guaranteed Maximum Price, between Skanska and CHA. The arbitration clause reads as follows: “Subject to detail terms and ...

Excerpt: ...ees, costs, and expenses. Plaintiffs filed this motion pursuant to Civ. Code § 1794(d). Volvo agreed to pay attorneys' fees in the settlement agreement. Plaintiffs are requesting $88,377.00 in attorneys' fees for Strategic Legal Practices (SLP); $7,070.00 for CCA; a 1.35 multiplier enhancement amounting to $33,406.45; and $3,500.00 for reviewing the opposition, drafting a reply, and attending the hearing. Plaintiffs argue that the attorneys' fee...

Excerpt: ...Charles Crosier Demurrer to Fourth Amended Complaint with Motion to Strike I. BACKGROUND What should the Court do when a demurrer is filed attacking the EIGHTH CAUSE OF ACTION for Wrongful Eviction, but there are only seven causes of action? Obviously, the Court should ignore that error by moving party and rule on the validity of the wrongful eviction claim asserted in the seventh cause of action. What should the Court do when a motion to strike ...

Excerpt: ...ination. Plaintiff's FAC alleges that Plaintiff's last day working for Defendant was December 20, 2020. (FAC, ¶ 5.) However, Defendant provided a document with its request for judicial notice that shows that Plaintiff's last day working for Defendant was April 20, 2020. (Defendant's RJN, Ex. 1.) Plaintiff's FAC indicates that Plaintiff received a right to sue letter from DFEH that is dated April 24, 2023. (FAC, ¶ 7.) Plaintiff's FAC also includ...

Excerpt: ...ted or relied on by the court or a party in any other action.” How does this rule apply to (unpublished) Superior Court rulings by other judges? Is it proper to note how other Superior Court Judges have ruled on similar pleadings? Perhaps the failure of the Rule to address this question leads counsel to believe that it is proper to argue to the Court that other Superior Court judges have ruled a particular way in cases similar to the one before...

Excerpt: ...he Court do when a demurrer is filed attacking the EIGHTH CAUSE OF ACTION for Wrongful Eviction, but there are only seven causes of action? Obviously, the Court should ignore that error by moving party and rule on the validity of the wrongful eviction claim asserted in the seventh cause of action. What should the Court do when a motion to strike is filed seeking to strike paragraph 112, but the complaint ends at paragraph 102? Since the Court can...

Excerpt: ...ntiff) was not entitled to substitute Defendant as a “Doe” defendant in this action. Defendant argues that Plaintiff was not ignorant of her name, identity, or the facts upon which she purports to state her claims, and she argues that Plaintiff improperly delayed filing the “Doe” amendment until after Defendant Norber Properties Management LLC filed its motion for summary adjudication. The Second Amended Complaint in this case was filed o...

Excerpt: ...s pursuant to CCP §§ 583.210(a) and 583.250(a)(2). Cross-Defendants argue that Cross-Complainants failed to serve the summons and complaint on them within three years after the commencement of the action, as required by CCP § 583.210(a). The original Cross-Complaint was filed on April 22, 2020. Cross-Defendants were served on August 3, 2023, and August 4, 2023, after being named in an amendment to the Cross-Complaint on July 25, 2023, as repla...

Excerpt: ...Defendants for Wrongful Termination, Retaliation, Unfair Business Practices, Violation of the Labor Code, Failure to Provide Accurate Wage Statements, Waiting Time Penalties, among other causes of action. Plaintiff worked for ZO Skin Health as a Physician Assistant-Certified. Defendant Dr. Obagi owned the clinic, and Defendants Connor, Hendrickson, and Denlinger worked for the clinic. Plaintiff alleges in her TAC that all of the Defendants were e...

Excerpt: ...ative, summary adjudication, filed on June 10, 2022, addressed all six of Plaintiff's causes of action. Over a year has passed since the motion was originally filed, as the hearing on the motion has been moved several times. In that time, discovery has been conducted. In Plaintiff's opposition to the motion for summary judgment filed on September 7, 2023, she indicated that she only intends to pursue her Second and Sixth Causes of Action and volu...

Excerpt: ...day notice to quit. There are no allegations showing the requisite due diligence to allow the service of the three-day notice to quit. There is no information in the proof of service about prior attempts to serve Defendants. Further, Plaintiff has not alleged sufficient facts to satisfy the requirements for the “posting and mailing” method of serving the three-day notice to quit. Also, the complaint states that Defendants served Belle Art Cus...

Excerpt: ...AC, ¶ 17.) Plaintiff has alleged 6 causes of action against Defendants Nike and Nike USA (collectively Nike) and Shoe Palace. The causes of action which Plaintiff has alleged are: 1. Wrongful Death (Negligence) 2. Wrongful Death (Premises Liability) 3. Wrongful Death (Negligence) 4. Wrongful Death (Battery) 5. Wrongful Death (Negligence) 6. Survival Action Plaintiff alleges two causes of action – three and six – against Nike, and Nike filed ...

Excerpt: ...cient to comprise causes of action because the California legislature's elimination of the requirement that Plaintiff present a pre-litigation government tort claim in connection with her claims based on childhood sexual assault arising from conduct occurring prior to 2009 is an unauthorized creation of government liability. It is also unconstitutional under Article XVI, Section 6 of the California Constitution, which prohibits appropriations of ...

Excerpt: ...ation of Labor Code § 6310 4. Violation of Labor Code §§ 96(k) and232.5 5. Intentional Infliction of Emotional Distress 6. Violation of Labor Code § 201 and202 7. Violation of Labor Code § 203 8. Meal and Rest period violations 9. Violation of Labor Code § 226 (a) 10. Violation of Labor Code § 1174, and Civil Penalties; 11. Violation of Labor code and Cal/OSHA requirements for failure to furnish a place of employment that is safe and healt...

Excerpt: ...ne 21, 2020, Plaintiff slipped and fell on Defendants' premise, causing her injury. On September 1, 2023, Defendant Super Center Concepts, Inc. (sued and served as Doe 1) (“Super Center”) filed a Motion for an Order Compelling Plaintiff's Further Responses to Requests for Admissions (Set One). On September 5, 2023, Super Cener filed two Motions for Orders Compelling Plaintiff's Further Responses to Special Interrogatories (Set Two) and Reques...

Excerpt: ...nd the other Defendants in this case are fabricators of “toxic” stone products that the Decedent worked with throughout his career in the construction industry from 1996 to 2022. Plaintiffs allege that the Decedent developed silicosis and other injuries from which he died on February 16, 2023, and that the silicosis was a result of working with the stone products. Plaintiffs' allegations regarding Defendant are that it is a fabricator of at l...

Excerpt: ...itration hearing before the Hon. Jacqueline Connor with ADR Services, Inc. [Ex.1]. The Settlement provides for payment of $100,000 plus Petitioner's ADR Services Arbitration Fees [$20,950], reduced by $25,000 if Respondents made timely payments of $75,000 plus Arbitration Fees by July 1 [Ex.1]. ADR Services, Inc. charged Petitioner and Respondents equally for Arbitration fees of $20,950. Because Respondents paid only $75,000 by July 1, Respondent...

Excerpt: ...laims be stayed pending the arbitration. Plaintiff Maribel Martinez (Plaintiff) does not dispute that the agreement exists or that the arbitration agreement is enforceable. Instead, Plaintiff's opposition hinges on whether a particular clause in the arbitration agreement would require both the individual and non-individual PAGA claims to be heard in court. Defendant disagrees with Plaintiff's interpretation of the agreement. The following is the ...

Excerpt: ...f Defendants. He claims that the 4 year statute of limitations ran. He also seeks injunctive relief. Plaintiff's complaint pleads that he was personally responsible for four promissory notes as part of a forgivable advance with Defendants. Under the terms of the promissory notes, if Plaintiff left Defendants' broker-dealer group, this would result in an acceleration of the notes with the lump sum of any debt remaining being due immediately. On or...

Excerpt: ...meruit for services rendered, (3) account stated, (4) book account, and (5) fraud. These causes of action arise out of Shahili's alleged breach of a retainer agreement with Cross-Defendant's law offices for failure and refusal to pay outstanding legal services fees and costs. The current iteration of Shahili's is Cross-Complaint is her Second Amended Cross-Complaint (SACC), filed on June 20, 2023. In the SACC, Shahili alleges five causes of actio...

Excerpt: ...his relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted.” (See detailed discussion below.) Self-represented Defendant Miguel A. Lopez (Defendant) filed this motion to set aside/vacate default on August 9, 2023, pursuant to CCP § 473(b). Defendant argues that the default should be set aside because of mistake, inadvertence, surprise, or excusable negl...

Excerpt: ... lacks personal jurisdiction over Defendant. Defendant is a wholesale distributor formed and headquartered in New Jersey. Defendant argues that it lacks sufficient minimum contacts with California for the Court to exercise general jurisdiction over Defendant and that Defendant has not purposefully availed itself of forum benefits for specific jurisdiction to exist. Plaintiff argues in its opposition that California courts would have general and s...

Excerpt: ...ndants on May 22, 2023. The Complaint alleges 14 causes of action related to Plaintiff's tenancy at a property owned and/or managed by Defendants. The causes of action to which Defendants have demurred are Plaintiff's Second Cause of Action for Tortious Breach of the Warranty of Habitability and Plaintiff's Sixth Cause of Action for Breach of Covenant of Quiet Enjoyment. Plaintiff's complaint alleges that there were several issues with habitabili...

Excerpt: ...Angeles County MTA (Defendant) for the usage of the Tap App. Plaintiff's Second Amended Complaint (SAC) does not include the specific terms of the agreement or have the agreement attached to the SAC. It does, however, include quotes from a string of emails that are purported to be about the TAP app, though there is no specific indication from the quoted emails that any kind of formal agreement was entered. No causes of action are indicated in the...

Excerpt: ...he Complaint identifies causes of actions as (1) Failure To Pay Wages And Overtime Wages In Violation Of Labor Code § 204, 510, 1194 (2) Failure To Pay Minimum Wages In Violation Of Labor Code § 1194, 1194.2, 1197.1 (3) Failure To Provide Rest Periods In Violation Of Labor Code § 226.7 (4) Failure To Furnish Accurate Itemized Wage Statement In Violation Of Labor Code § 226 (5) Failure To Provide Final Wages At Separation In Violation Of Labor...

Excerpt: ...tional capital contribution. Defendant has demurred on the basis that Plaintiff's claims fail to allege facts sufficient to maintain causes of action against Defendant. Plaintiff's First Amended Complaint (FAC) has alleged three causes of action for (1) breach of contract, (2) breach of implied covenant of good faith and fair dealing, and (3) declaratory relief. Defendant has demurred to all of Plaintiff's causes of action. Plaintiff alleges that...

Excerpt: ... at issue in this case. Defendant argues that she signed the loan agreement on behalf of her LLC, The Ghaoui Group, LLC, and not as an individual. Plaintiff Craig Caces argues that his Complaint and its attachments sufficiently show that Defendant was a party to the relevant contract for purposes of a motion for judgment on the pleadings for the breach of contract claim. Further, he argues that Defendant is liable for the fraud cause of action be...

Excerpt: ... The Court also ordered Defendant to pay $1,350.00 in sanctions on that date. Plaintiff indicates that Defendant has failed to pay those sanctions as well. Plaintiff James Cheung (Plaintiff) filed this motion on August 16, 2023 seeking terminating sanctions. In Defendant's opposition, filed on September 5, 2023, she indicates that she served response to Plaintiff's Form Interrogatories on September 1, thus rendering Plaintiff's motion “moot.”...

Excerpt: ...ts of the County of San Bernardino. Plaintiffs allege in their initial complaint that the incident giving rise to the complaint occurred in Chino Hills, which is in San Bernardino County. (Compl., p. 5.) Defendant Andrew Paul Brown is alleged to be an employee of the County of San Bernardino. Defendants filed their motion for change of venue on July 17, 2023. Defendants make their motion for change of venue pursuant to CCP §§ 395 and 397. Their...

Excerpt: ...g ZO's responses, Plaintiff sent a meet and confer letter to ZO outlining the alleged deficiencies in ZO's responses, including that the objections to the requests lacked merit, were evasive, or were not code compliant. A mere t two days after sending this letter, Plaintiff filed the instant motion. That facts, without more, strongly suggests that there was no intent to meet and confer in good faith. In ZO's opposition, it indicated that since Pl...

Excerpt: ...RLoom (RLoom) for causes of action related to RLoom's alleged breach of contract and failure to pay in full invoices for garments that Limelight had sold to RLoom. Limelight had delivered over $2,000,000 worth of garments to RLoom. (Demurrer at p. 1.) RLoom has filed a SACC alleging that Limelight was charging excessive prices for low quality garments and delivered defective goods. Further, RLoom is alleging that its employee, Sylvia Huynh, had c...

Excerpt: ...een causes of action related to Plaintiff's employment with Defendant. The cause of action at issue in the demurrer is Plaintiff's Seventh Cause of Action for Sexual Assault and Battery. Plaintiff's cause of action for Sexual Assault and Battery is based on her allegations that her former Leader on Duty, Timothy Boykin, came to her home after work hours and had sexual intercourse with her while she was intoxicated and incapacitated. (Comp., ¶¶ ...

Excerpt: ...change the judgment is in the relatively recent past. (See Minute Order Oct. 21, 2022, “The Court declines to execute the “Proposed Judgment” or “Proposed Post-Judgment.” The Court has denied prior requests to execute these judgments for reasons detailed in the Court's most recent order. Alvin and Judith offer no new grounds for Department 1 to enter the requested judgment(s). The Court will summarily deny future meritless requests for ...

Excerpt: ... their water on and off as needed to prevent unnecessary leakage. Plaintiffs thereafter reported the damage to State Farm. (UMF 2.) On March 23, 2020, a State Farm Claim Representative, Katz, came out to see the damage and take photographs. (UMF 4.) State Farm identified the cause of the leak as a pinhole leak in the cold water supply. (UMF 5.) On April 9, 2020, State Farm issued a denial of claim letter, which stated that the cause of the damage...

Excerpt: ...nancies, injuries, or caring for her partner after he had a surgery. Plaintiff's complaint is alleging that her employment was terminated due to disability discrimination because she kept taking leaves of absence for injuries. Defendant alleges that during the COVID-19 pandemic, it began suffering from financial problems due to rent not being paid and having empty apartments at its various properties. Though it received two PPP loans totaling $16...

Excerpt: ...) denied Plaintiffs' insurance claim after their home was burglarized. Defendant has demurred on the basis that Plaintiffs' claims fail to allege facts sufficient to maintain causes of action against Defendant and because Plaintiffs' claims are contractually time-barred. Plaintiffs have alleged seven causes of action for (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) Unfair Business Practices violat...

Excerpt: ...tiff David Joe (Plaintiff). The arbitrator awarded attorney's fees in the amount of $220,817.00 to Plaintiff. The motion is based on the grounds that: (1) the Arbitrator and the arbitration provider, JAMS, exceeded their authority under the law, the rules that the parties agreed would apply, and this Court's order of January 13, 2021 by requiring Defendants to pay for the all of the Arbitrator's fees; (2) the Arbitrator exceeded her authority by ...

Excerpt: ...he parties in January 2023. Under that agreement, Respondents were to pay $100,000 plus the ADR/Arbitration services fees. Importantly, if the payment was made by July 1, 2023 the payment was to be only $75,000 plus the ADR fee. (Motion, Ex. 1.) If Respondents timely paid, then they would not have to pay an extra $25,000. Importantly, the agreement does not specify how much the ADR services fees were. The parties agree that Respondents paid $75,0...

Excerpt: ...Current Electric (Current) to engage in electrical installation at the worksite. During construction, Satila allegedly stopped paying for Current's materials, which led Plaintiff Walters Wholesale Electric Co. (Walters Wholesale) to file the Complaint against Current. Current then filed a Cross-Complaint against Satila, which then filed the present cross-complaint against Current. Satila's First Amended Cross-Complaint (FACC) has six causes of ac...

Excerpt: ..., Plaintiff signed a written Arbitration Agreement in connection with his employment, in which it was agreed that he would arbitrate disputes related to his employment. (Wartenberg Decl., Ex. B.) The Arbitration Agreement indicates that it will be subject to the JAMS Employment Arbitration Rules & Procedures (Wartenberg Decl., Ex B, at p. 3, ¶ 2) Based on this, Defendant has moved to compel arbitration, claiming that Plaintiff's claims are arbit...

Excerpt: ... Civ. Code § 2923.6, (2) violation of the covenant of good faith and fair dealing, (3) violation of California Business and Professions Code § 17200 et seq and § 17500 et seq. The basis of Plaintiffs' Complaint is that they were in the process of seeking a home loan modification with Defendant and had even filed a complete application for loan modification, when Defendant began the process to sell the house via a Trustee Sale. Plaintiffs alleg...

Excerpt: ...ate, Wine Supervisor, and then a Wine Associate again. While employed at Total Wine, Plaintiff claims to have had a difficult relationship with the store manager, Weldon Kendall. Plaintiff claims that Kendall harassed her and demoted her from Wine Supervisor to Wine Associate under threat of termination. (Opposition at p. 1.) Plaintiff also claims that Kendall screamed at and berated Plaintiff on multiple occasions. Plaintiff further claims that ...

Excerpt: ...t is not always clear who the specific factual allegations relate to.) Since this demurrer was filed by Kevin Kim, the Court shall not focus on many of the allegations. Kevin Kim in not identified as a “Defendant” in the Complaint, although he is mentioned in it. He was subsequently named as “Doe 1.” The Complaint alleges as follows with respect to the involvement of Kevin Kim: 14. In or about April 2019, as the Californian cannabis indus...

Excerpt: ...efendant) filed this motion, first on May 30, 2023 with a June 23, 2023 hearing date and again on May 31, 2023 with a July 25, 2023 hearing date. Defendant Moon seeks to set aside the default entered against him as he alleges that the summons and complaint were never served on him. He asserts that he is entitled to have the entry of default set aside under CCP § 473(d). He also asks the Court to quash service of the summons and complaint on the ...

Excerpt: ...ina. (Complaint ¶ 1.) Defendant Ling Yang Dong is alleged to be a resident of the People's Republic of China. (Complaint ¶ 2.) Defendant Ling Yan Dong's wife is alleged to reside in Los Angeles County, California. (Complaint ¶ 3.) It is claimed that Defendant Ling Yan Dong and his wife own a single family residence in Arcadia, California with a value (in 2017) claimed to be $6,000,000. “10. Plaintiff herein brought suit in the Trial Court on...

Excerpt: ... (Defendant). These subpoenas were issued to Plaintiffs' law firm Irell & Manella LLP (Irell) and Ede Ibkewe, an Irell lawyer. The subpoena seeks documents and communications related to the 2018 restructuring of the Flyer business and the relationship between Flyer Next and its 50-50 owners Plaintiff Flyer Technologies and Defendant Marvin. Plaintiffs argue that Defendant seeks privileged documents that are also protected by the attorney work pro...

Excerpt: ...hat took place while she was employed by them. When Plaintiff began working for Defendants, she signed an offer letter and an Arbitration Agreement and Acknowledgment. The Arbitration Agreement requires Plaintiff to arbitrate certain employment-related claims. The agreement at issue reads, in part, as follows: “Except as otherwise provided in this Agreement, any legal claim, controversy, or dispute you may have with Equity or which Equity may h...

Excerpt: ...plaint with Motion to Strike I. BACKGROUND This is one of a number of cases that this Court has involving claims by various former residents of an apartment building alleged to have been owned and/or managed by Defendants. The Complaints are very similar. However, not all the plaintiffs have the same status. For instance, in this case all of the Plaintiffs claim to have resided at the premises, yet none were parties to a rental agreement. In this...

Excerpt: ...mplaint alleges nine causes of action related to his tenancy at Defendants' property and the alleged problems that occurred during that tenancy. The causes of action that Plaintiffs are alleging are for (1) breach of contract; (2) breach of covenant of quiet enjoyment; (3) breach of statutory warranty of habitability; (4) private nuisance; (5) violation of Inglewood Municipal Code 8-123; (6) fraud; (7) unfair business practices; (8) intentional i...

Excerpt: ... Amended Complaint alleges eight causes of action related to his tenancy at Defendants' property and the alleged problems that occurred during that tenancy. The causes of action that Plaintiffs are alleging are for (1) breach of contract; (2) breach of covenant of quiet enjoyment; (3) breach of statutory warranty of habitability; (4) private nuisance; (5) fraud; (6) unfair business practices; (7) intentional infliction of emotional distress; and ...

Excerpt: ...misrepresentation, (5) intentional infliction of emotional distress, (6) assault, and (7) battery by a police officer. All the claims arise out of a traffic stop of Plaintiff Vonneisha McMurray on October 20, 2020. Plaintiff Vonneisha McMurray was the driver of the vehicle. (SAC ¶¶ 9-10.) Plaintiff Robert McMurray is alleged to be Plaintiff Vonneisha McMurray's father and was present in the vehicle when the traffic stop took place. No other all...

Excerpt: ...ilure to Provide Accurate Wage Statements, Waiting Time Penalties, among other causes of action. Plaintiff worked for ZO Skin Health as a Physician Assistant-Certified. Defendant Dr. Obagi owned the clinic, and Defendants Connor, Hendrickson, and Denlinger worked for the clinic. Plaintiff alleges in her SAC that all of the Defendants were engaged in unlawful business practices, and that they failed to provide her with meal and rest periods and ac...

Excerpt: ...sum of $125,000.0 is due and owing under the Settlement Agreement. (Motion at pp. 4-5.) Because of Defendants' failure to pay, Plaintiff filed this motion pursuant to CCP § 664.6 and is requesting attorneys' fees and costs for bringing the motion. Plaintiff's counsel indicated that he spent 5 hours on the motion at his billing rate of $650 and expected to spend an additional 5 hours reviewing opposition, preparing a reply, and attending the hear...

Excerpt: ...of action for breach of oral contract, fraud, and violation of Penal Code § 496(a). The basis of Plaintiff's complaint is that one or both of Defendants orally promised Plaintiff $50,000 if Plaintiff found them a tenant for their real property and that tenant signed a lease for a term of one year or greater. Plaintiff alleges that he found Defendant(s) a tenant who signed a lease with Defendant(s) for a lease of three years. As a result, Plainti...

Excerpt: ...rs. During his onboarding process for the sales consultant position with Hollywood Motor Cars, Plaintiff signed a binding arbitration agreement to arbitrate claims related to his employment. The agreement at issue reads, in part, as follows: “By signing my name below. . .I agree to pursue any claims I might have against the Company that currently exist or that may arise in the future exclusively through binding arbitration; similarly, the Compa...

Excerpt: ...ruary 20, 2019. However, Defendant paid the jury fees on November 15, 2021. (Opposition pg. 3:7-8.) Plaintiff claims that it inadvertently failed to pay the $150 jury fee. (Martin Decl., ¶ 5.) After this occurred, Plaintiff changed counsel several times over the years. At no time prior to June 2023 did either party indicate that they expected anything other than a jury trial. In fact, on June 2, 2023 the parties filed their Joint List of Jury In...

Excerpt: ...ation of any defendant, preclude the admission of evidence of that defendant's profits or financial condition until after the trier of fact returns a verdict for plaintiff awarding actual damages and finds that a defendant is guilty of malice, oppression, or fraud in accordance with Section 3294. (Bold Added.) But the Motion also states “[t] he issue of Plaintiffs' entitlement to punitive damages is properly severed. (Cal. Civ. Code § 3295(d)....

Excerpt: ...demurrer. Apparently, defendant must have provided plaintiff a copy of the anticipated demurrer, as on May 10, 2023, before the demurrer was filed, Plaintiff filed his Opposition. Plaintiff West Coast Add It Up Add Agency filed a one page First Amended Complaint. The material allegations appear in two paragraphs. “1. From Nov. 16th, 2017, the west coast add it up ad agency is alleging non-payment for a service provided. The debtor was billed fo...

Excerpt: ...ghly the same time period, Marcos Vega also worked as a sergeant at the Downey Shelter. (UMF 7.) Berrelleza and Vega held the same rank, with neither having supervisory power over the other. (UMF 9.) During the time period that Berrelleza and Vega worked together, Berrelleza alleges that Vega sexually harassed her in several different ways. (UMF 12.) On or about September 25, 2018, another employee filed a group grievance against Berrelleza regar...

Excerpt: ... complaint is very unclear as to what happened and when it happened. The complaint appears to allege three causes of action for “manipulating the Court”, “falsifying documents”, and “violation of civil rights”. It seems that Plaintiff is alleging that the police department falsified documents which has led to Plaintiff being in court multiple times and which led to a “5150 hold” being placed on Plaintiff. However, Plaintiff's comp...

Excerpt: ...o DRC. DRC is also alleging that Chang misappropriated and kept funds that were meant for it. DRC has alleged six causes of action against Chang in its Cross-Complaint for (1) fraud/deceit; (2) negligent misrepresentation; (3) aiding and abetting breach of fiduciary duty I; (4) aiding and abetting breach of fiduciary duty II; (5) unjust enrichment; and (6) conversion. Chang filed his demurrer to the Cross-Complaint on May 19, 2023, arguing that D...

Excerpt: ...should pay toward the repairs for a wooden deck of Plaintiffs that was destroyed during a wildfire. To fully evaluate Plaintiffs' damages claim, Defendants subpoenaed Holcomb Engineering for a deposition. Holcomb Engineering was the company that excavated and constructed a new retaining wall. The Person Most Knowledgeable for Holcomb Engineering failed to appear for the deposition scheduled for April 12, 2023. Holcomb was properly served the depo...

Excerpt: ...ntil October 2022 when he spoke with a broker who informed him that there was a judgment against the purported guarantor of Plaintiff's loan. (Patel Decl., ¶ 6, Patel Second Decl., ¶¶ 2-4.) After discovering the existence of the default judgment against him, Patel obtained counsel and attempted to negotiate with Plaintiff to stipulate to vacate the default, but Plaintiff was unwilling to do so. (Patel Decl., ¶¶ 7-8.) Subsequently, Patel file...