Excerpt: ... Plaintiffs are entitled to attorney's fees and costs. Plaintiffs filed this motion on April 15, 2023, pursuant to Civ. Code § 1794(d). General Motors (GM) agreed to pay attorney's fees in the settlement agreement, which was signed on September 7, 2022. Plaintiffs are requesting $74,497.00 in attorney's fees based on the legal services that the firm provided. Plaintiffs argue that the attorney's fees that they have requested are reasonable and c...

Excerpt: ...t Shoe Palace (Shoe Palace). Jayden was an employee of Shoe Palace, however Plaintiff's FAC alleges that he was off-duty at the time he was shot. Plaintiff has alleged 7 causes of action against Defendants Nike and Nike USA (collectively Nike) and Shoe Palace. The causes of action which Plaintiff has alleged are (1) Unfair and Deceptive Advertising (just against Nike); (2) Negligence; (3) Product Liability; (4) Premises Liability (just against Sh...

Excerpt: ... I. BACKGROUND This matter arises out of a troubled construction project at a property owned by Cross- Complainant Satila America Corporation (Satila). Satila hired Cross-Defendant 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. ...

Excerpt: ...related to gender and disability discrimination. On January 24, 2020, Plaintiff signed a written Arbitration Agreement in connection with her employment, in which it was agreed that she would arbitrate disputes related to her employment. (Petition, p. 2, ¶ 2, Ex. 1.) The Arbitration Agreement indicates that it will be solely governed by the Federal Arbitration Act, and the arbitration will be subject to the rules of the American Arbitration Asso...

Excerpt: ...itle Moving Party – Defendant/Cross-Complainant USA National Title Company, Inc. Responding Party – Plaintiff Andrea Goffredo Favilli 4) Motions to Tax Costs – USA National Title Moving Party – Plaintiff Andrea Goffredo Favilli Responding Party – Defendant/Cross-Complainant USA National Title Company, Inc. DEFENDANTS/CROSS-COMPLAINANTS HANS TUNG AND FANG YU HUANG: 1. Motion for Attorney's Fees – Tung These four motions come near the e...

Excerpt: ... party, Plaintiff is entitled to attorneys fees pursuant to a written contract betw•een the parties. Plaintiffs attorney is requesting $37,375.00 in fees based on 57.5 hours of work at S650.00 an hour. The attorneys declaration only has a breakdown of those hours based on the categories of pre-litigation hours, state court litigation hours, pre-trial hours, trial hours, and motions. Plaintiff also requests costs in its motion. Opposing Partys P...

Excerpt: ...olations of California Disabled Persons Act; (2) Violations of California Education Code; (3) Intentional Infliction of Emotional Distress; (4) Violations of the California Equal Protection Clause; (5) Negligence; and (6) Negligence Per This case was stayed for a couple years while the matter pended in federal court The federal case has now wrapped up, so Plaintiff is pursuing his claim at the state level. Prior to the stay while it was in federa...

Excerpt: ...ant to Civ. Code S 1794(d). Ford agreed to pay attornefs fees and costs per the Offer to Compromise. Plaintiffs are requestmg S32,207.50 in attorneys fees based on the legal services that the firm provided. Plaintiffs are requesting $2,941.61 in costs, for a total of $35,149.11. Plaintiffs argue that the fees and costs that they have requested are reasonable and compensable. They also argue that the billing rate of their attorneys is reasonable. ...

Excerpt: ..., the Plaintiff tailed to timely file a First Amended complaint. (see C cp S "A Pany may amend its pleading once without leave ot the court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard it the amended pleading is tiled and served no later than the date tor tiling an opposition to the demurrer or motion to strike." (Bold a...

Excerpt: ...e each served with Form and Special Interrogatories, Requests for Production of Documents, and Requests for Admissions. The responses were due by March 6, 2023, but no responses were received. (Motions at p. 3.) Plaintiff also requests sanctions in the amount of $2,476.28 against each Defendant. No opposition has been filed by any of the Defendants. 1. Form Interrogatories and Special Interrogatories The propounding party may move for an order co...

Excerpt: ...ing in ner complaint that sne did not get along witn her manager, Xochitl Benavides. Though it is not clear trom ner First Amended Complaint (FAC), it appears that she is alleging that her employment was terminated after a series ot disagreements witn Benavides and other members ot management over the inspection ot cargo and passenger planes witn international destinations. However, it also appears that management disagreed Witn the way Plaintiff...

Excerpt: ...l his termination in February 2019. (Motion at p. 6.) Plaintiffs job performance evaluations from 2010-2016 generally exhibited a positive work performance from Plaintiff. (Plaintiffs AMF Nos. 61-66.) In early 2017, the 2016 managers evaluation received by Plaintiff outlined some areas where Plamtiff could improve. (Defendants' UP 6.) On May 5, 2017, Plaintiff sustained an on-the-job left rib injury. (Defendants' UF 7.) Plaintiff was granted medi...

Excerpt: ...o close the escrow for him to purchase the property. The contract at issue included an arbitration clause that reads, in part, as follows: "The Parties agree that any dispute or claim in Law or equity arising betvveen them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. The arbitration shall be conducted through any arbitration provider or service mutual...

Excerpt: ...uted on December 9, 2022, included a Stipulation for Civil Judgment provision that provides that in the event Defendants failed to pay the negotiated settlement of $50,000.00, then Plaintiff would be entitled to a judgment of $70,000.00. (Ortiz Decl„ T 4, Ex. 1, 1121.) Plaintiff filed this motion pursuant to CCP 5 664.6 and is requesting entry of judgment and attorneys' fees and costs for bringing the motion. Plaintiffs counsel indicated that s...

Excerpt: ...lleged in Plaintiffs complaint because Gomez worked at Overland during the relevant time period. On February 27, 2023, Overland received confirmation that Gomez was served by hand delivering a copy of the deposition and subpoena on February 26, 2023. (Bertikian Decl. 4, Ex. C.) The deposition was scheduled to take place via Zoom on March 6, 2023. (Bertikian Decl. 2, Ex. A.) Gomez did not appear, and Overland's attempts to get in contact with her ...

Excerpt: ... ofthe premises rented to the Plaintiffs by the Defendants. Consistent with C.C.P. S 425.1 Ot) Plaintiffs did not allege in the Complaint any specific amount of damages. Defendants Genaro Moreno, Guillermo Gonzalez and Nereyda Gonzalez all filed their respective Answers on May 4, 2020, having been served the Complaint in March 2020. The Court seta Case Management Conference for lune 9, 2020. On April 23, 2020 the Court ordered the Case Management...

Excerpt: ...ry of default agamst Defendants. Plaintiff brings this motion for the following reasons: 1) Defendants filed their respective Answers on January 31, 2022. 2) Plaintiff propounded Form Interrogatories, Special Interrogatories and Requests for Production on the Defendants on May 25, 2022. Defendants failed to provide any responses to the Written Discovery. 3) Plaintiff filed Motions to Compel Responses to the Written Discovery on January 9, 2023. D...

Excerpt: ...3,103.29. Plaintiffs are also seeking an order establishing that Lopez violated Civil Code Section 1942.5 and retaliated agamst the tenant Plaintiffs for repotting his actions to the Los Angeles Housing Department Plaintiffs are requesting the Courts assistance in preventing Lopez from appearmg at trial to refute this claim on his or the other Defendants' behalfwithout obeying the Court's order to attend his deposition. Plaintiffs have filed this...

Excerpt: ...demurrer. In simple, layman terms M.mat did Chase do wrong?" The Court now answers that question in legal terms. l. BACKGROUND Plaintiff filed a complaint on February 8, 2022, alleging four causes ot action tor (1) Conversion, (2) Common Count, (3) Constructive Trust; and (4) Violation ot Penal Code Section 49& Initially the only named defendant was Defendant Cong Ye Plaintiff alleged that in April and May 2021, upon leaving the United States Pla...

Excerpt: ...f constitutional due process, and violations of statutory duties under Cal. Welf. & Inst. Code § 9712.5(a)(1) against Defendants Long-Term Care Ombudsman of California and Wise & Healthy Aging, Long-Term Care Ombudsman Services (Defendants). These causes of action are related to the care of Plaintiff's mother at a Convalescent Center. Plaintiff alleges that Defendants' failure to provide a Korean language interpreter when Plaintiff's mother was ...

Excerpt: ...nt. (Complaint ¶ 13.) Beginning in about August 2017 Plaintiff began to receive notices about the water being shut off. (Complaint ¶ 14.) In March 2018 there was a change in ownership and/or management of the apartments. (Complaint ¶ 19.) Defendant Cannon Management (Cannon) is seeking to set aside a default that was entered on October 20, 2021. Cannon was the property manager of an apartment complex that was owned by Urban Foresight II 2014, ...

Excerpt: ...f was allegedly assaulted and defamed by Defendant. On October 5, 2022, Defendant served the various discovery requests on Plaintiff. (Valdespino Decl., ¶ 2.) Responses were due on November 9, 2022. (Valdespino Decl., ¶ 2.) As of the filings of the motions on February 27, 2023, Plaintiff had yet to provide Defendant with any responses to any of the discovery requests. (Valdespino Decl., ¶ 3.) Defendant also requests sanctions. No opposition ha...

Excerpt: ...mplaint against Defendant/Cross-Complainant RLoom (RLoom) for causes of action related to RLoom's alleged breach of contract and failure to pay invoices in the amount of $586,962.09 for garments that Limelight had sold to RLoom. Limelight had delivered over $2,000,000 worth of garments to RLoom. (Demurrer at p. 2.) RLoom has filed a cross-complaint alleging that Limelight was charging excessive prices for low quality garments and delivered defect...

Excerpt: ...ho is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other costs.” Civ. Code, § 1717. (Bold added.) Moving Party's Position After a bench trial regarding Cross-Complainant's Cross-Complaint for breach of contract on January 31, 2023, judgment was entered in Cross-Complainant's favor in the amount of $28,330.00...

Excerpt: ...Court to improperly base its decision not upon the facts that the Court must assume can be proven by Plaintiff, but instead upon the version put forth by Defendants. “The function of a demurrer is to test whether, as a matter of law, the facts alleged in the complaint state a cause of action under any legal theory. (Intengan v. BAC Home Loans Servicing, LP (2013) 214 Cal.App.4th 1047, 1052, 154 Cal.Rptr.3d 727.) We assume the truth of all facts...

Excerpt: ...egligent Misrepresentation; and (4) Bad Faith. This demurrer and motion to strike relate only to the two misrepresentation claims. This action arises from a boundary dispute between Plaintiffs and their neighbor. Plaintiffs had purchased title insurance from Defendant First American Title Insurance. (TAC ¶ 7.) Plaintiffs made a claim for coverage. (TAC ¶ 9.) Coverage was provided, and the Defendant title company provided counsel for Plaintiffs ...

Excerpt: ... for attorney's fees on the lease between the parties which allowed for the prevailing party in any action on the lease to recover reasonable attorney's fees. (Weisberg Decl., Ex. 4, p. 19, ¶ 31.) Plaintiff's initial request for attorney's fees was for $575,386.00. (Motion at p. 3; Plaintiff has since reduced this amount in its Reply.) Plaintiff contends that the total of 663.1 hours that its attorneys spent on this action are reasonable. That w...

Excerpt: ...taking down a political sign. On October 13, 2022, Defendant served Form Interrogatories and Special Interrogatories and Requests for Production on Plaintiff. On November 30, 2022, Defendant granted Plaintiff an extension to respond to discovery, and then Plaintiff made another request for an extension on January 4, 2023, making the discovery- responses due on January 13, 2023. (Motions at p. 3.) As of the filings of the motions on February 28, 2...

Excerpt: ...eges six causes ot action related to his occupancy at Defendants' propeny and the alleged problems that occurred during that æcupancy_ The causes of action that Plaintiff IS alleging are tor (1) tortious breach of implied warranty ot habitability; (2) private nuisance; (3) violation of California Civil Code S 19424; (4) fraud; (5) unfair business practices; and (6) wrongful eviction. In his Second Amended Complaint Plaintiff makes numerous alleg...

Excerpt: ...ustries, Inc. (Defendant 1016), and he was her supervisor. Plaintiff alleges that she was sexually harassed by Defendant Northrop and faced sex discrimination; that she was retaliated against in violation of FEHA and the Cal. Labor Code; that Defendant 1016 failed to prevent the sexual harassment, discrimination, and retaliation; and that she was wrongfully terminated. In her complaint, she alleges that these events took place while Plaintiff was...

Excerpt: ...ion ot the Labor Code, 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 tor the clinic. Plaintiff alleges in ner FAC that all ot the Detendants were engaged in unlawful business practices, and that they tailed to provide ner with meal and rest periods and accurate wage statements, among other things. S...

Excerpt: ...li and sister Olga Stavro. The three owners decided to sell the property. Plaintiff and his siblings intended that sale. Defendants Hans Tung and Fang Yu Huang were the buyers. Plaintiff understood that fact. The parties all knew that the three owners intended to sell the property to Tung and Huang at the agreed price set forth in the various sale documents. The sale was consummated. Tung paid the purchase price. The "deed" was delivered. It appe...

Excerpt: ...ampa Bay Rays, Chicago Cubs, Texas Rangers and Milwaukee Brewers. In his 12 year career, Mr. Garza pitched in 290 major league games, throwing nearly 28,000 pitches in over 1 ,710 endings. He struck out 1 ,380 batterers during that time. (Complaint 11 16, IT) Unfortunately, his career as a major league baseball player came to an end following the 2017 season as a result ot a June 3, 2017 collision betvæen himself and Milwaukee Brewers first base...

Excerpt: ...ntiff alleged that Defendant had no intentional of performing as promised. The complaint included a claim for pain and suffering. Plaintiff alleges that he paid $1,100 to Defendant as a deposit. It is claimed that since the kitchen cabinet door was not installed within 2 weeks Plaintiff lost rental income. A proof of service was filed on April 25, 2022, showing that Leticia Soriano, sole proprietor of Ramiro's Custom Cabinets, was personally serv...

Excerpt: ...e was for Defendant Johnson Controls Fire Protection LP to install fire alarm systems as part of a construction project The subcontract at issue included an arbitration clause that reads, in part, as follows: "Any controversy or claim arising out of or relating to this Subcontract, or the breach thereof, termination, enforcement, interpretation or validity thereat: or the Project, shall be settled by arbitration administered by the American Arbit...

Excerpt: ...potential renters can get information atK)L1t the apartment complex and schedule a tour of the apartment complex. Plaintiff filed this suit against Defendant atter Plaintiff visited Defendants website and found that it nad several problems, including missing alternative text tor images, missing form labels, and empty headings (Comp , 11 22) These issues make it difficult for visually impaired individuals to use the website and find out informatio...

Excerpt: ... Plaintiffs Second Amended Complaint alleges nine causes of action related to nis tenancy at Defendants' property and the alleged problems that occurred during that tenancy. The causes ot action that Plaintiffs are alleging are for (1) breach ot contract; (2) breach ot covenant ot quet enjoyment; (3) breach ot statutory warranty of habitability, (4) private nuisance; (5) violation ot Inglewood Municipal Code 8-123; (6) fraud; (7) untair business ...

Excerpt: ...th attorney's fees and costs awarded to Plaintiff, the amount to be determined by subsequent motion. (Motion at p. 3 J Plamtiffhas now moved for an order pursuant to Civil Code S 1717 determining that Plamtiff is the party prevailing on the contract and is entitled to an award of attorneys fees as item of costs and fixing the amount of attorney's fees to which he is entitled as the party prevailing on the contract in this action. Plamtiff is requ...

Excerpt: ...er (or at least attempted to prevent an answer from being obtained). "Asked and Answered" was perhaps the most utilized three words in the transcript But rarely was anything answered. The Court shall not catalogue all the conduct of Plaintiffs counsel. (Nor does the Court see anyvalue in a Separate Statement that would merely burden the courtw•lth a very large document) There are many examples that could be set forth. This is but one. "Q Okay. ...

Excerpt: ...ntiff Matthew Garza (Plaintim by Defendant Certain Underwriters at Lloyd's of London (Lloyd's). When he tried to recover under that policy, Plaintiffs claim was denied by Lloyd's because of mformation that had been filled outin the original policy application. Plaintiff filed this suit against Lloyd's and other defendants because he claims that someone else filled out the information on the policy application that led to the denial of his claim, ...

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

Excerpt: ...ng causes of action for breach of contract, account stated, and money lent. On or about October 31, 2002, Plaintiff received a Loan Application Agreement and Personal Guarantee on behalf of Defendant Daysun Ablakhad. (SSF Fact No. 1.) Defendant Ablakhad (Defendant) was granted a Business Line of Credit. (SSF Fact No. 2.) Plaintiff extended the Line of Credit to Defendant, which Defendant agreed to repay. (SSF Fact No. 3.) Defendant is in default ...

Excerpt: ...s of action, both for aiding and abetting breach of fiduciary duty. The first cause of action is just directed at Defendant DRC Capital LLC, while the second one is directed at DRC Capital LLC and the other defendants. Plaintiff is alleging that a third party, Wellington Yang, breached his fiduciary duty to Plaintiff, as the two were members of Avant Development, which managed the Avant Luxury SFR Fund, an entity that specialized in flipping hous...

Excerpt: ... On December 5, 2022, Defendant filed the instant motion to compel arbitration and stay the action. Plaintiff opposes. Legal Standard on Motion to Compel Arbitration 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 proving the exis...

Excerpt: ...tions (other than under the discovery statutes) my be filed without all parties first participating in an informal conference with the Court and obtaining permission from the Court to file such a motion. Defendant is ordered to prepare an order stating the Court's order on an informal conference, circulate it to Plaintiff's counsel for approval, and submit it to the Court for filing. DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS BACKGROUND App...

Excerpt: ...d depression arising from the Defendant's alleged employment harassment, retaliation, and discrimination of him. Defendant issued two subpoenas to Kaiser which are at issue in this motion. Because the parties have already indicated that Defendant is willing to limit the subpoenas, the Court shall not address the arguments that relate to the subpoenas as drafted. Based on the meet and confer process, the Defendant has indicated that it shall limit...

Excerpt: ...rated city in California and is a public entity. This action was originally filed by Plaintiff on June 21, 2022. Defendant filed this Demurrer on December 5, 2022. No opposition has been filed by Plaintiff. Defendant demurs to Plaintiff's entire complaint on the basis that Plaintiff failed to allege in her complaint that Plaintiff had filed a claim with Defendant within 6 months of the date of the incident. ANALYSIS As a general matter, in a demu...

Excerpt: ...y pay earned wages; 5) Violation of Labor Code § 2802; and 6) Violation of Labor Code § 226.8. She filed this complaint after her employment with Cross-Complainants ended. On November 14, 2022, Cross-Complainants filed their Cross-Complaint stating causes of action for 1) Tortious Intentional Interference with Contract; 2) Tortious Interference with Prospective Economic Advantage and 3) Defamation. Their Cross-Complaint was based on statements ...

Excerpt: ...ree causes of action for (1) Breach of Contract; (2) Breach of the Covenant of Good Faith and Fair Dealing; and (3) Declaratory Relief. In June 2019, Plaintiff leased a 2017 Hyundai Elantra from Fair Titling Trust under their Fair Weekly Agreement for use in the Fair Weekly Membership program for Uber drivers. (FAC ¶ 1.) The vehicle was insured by Fair Title Trust and underwritten and issued by Voyager. (FAC ¶ 2.) The policy issued by Voyager p...

Excerpt: ...uld require Defendant to have disability accommodations. Defendant has filed a motion to strike on December 6, 2022, alleging that these requests are improper remedies for violations of the Unruh Civil Rights Act. Plaintiff filed an opposition on December 21, 2022, arguing that Defendant's motion to strike was untimely filed and that the remedies requested were proper. Defendant filed its reply in support of the motion on December 21, 2022. JUDIC...

Excerpt: ...aint ¶ 10.) They allege that the vehicle was defective. (Complaint ¶ 11, 12.) These defects were not properly remedied. (Complaint ¶ 15.) Defendant asks this Court to determine on summary judgment that there are no warranties that exist as alleged. “Plaintiffs' cause of action for breach of express warranty under the Song-Beverly Act are without merit because Plaintiffs bought a used vehicle and KA did not issue any express warranties at the...

Excerpt: ...tive trust. Defendant filed this Demurrer on October 27, 2022, challenging the validity of the third cause of action for constructive trust on the ground that a constructive trust is a remedy, not a cause of action. Plaintiff has not filed any opposition to the Demurrer. “A demurrer tests the pleading alone, and not the evidence or facts alleged.” (E-Fab, Inc. v. Accountants, Inc. Servs. (2007) 153 Cal.App.4th 1308, 1315.) As such, the court ...

Excerpt: .... Thereafter the parties made a number of filings related thereto. They are part of the Court's file. Judge Mooney filed his October 21, 2022 “Final Statement of Decision” while he remained a Superior Court Judge. The parties disagree on the question of whether the decision process was completed properly or whether a mandatory step had not been completed by Judge Mooney such that a mistrial is mandated by the inability of this bench officer t...

Excerpt: ...nt; (5) fraud in concealment; and (6) medical/dental malpractice. These causes of action arise out of an incident in which Plaintiff claims that Defendant made certain representations to Plaintiff regarding a dental procedure that Defendant was performing, then allegedly failed to follow through on those representations. Procedural This action was originally filed by Plaintiff on October 7, 2021. Plaintiff has amended her original complaint sever...

Excerpt: ...ately an award of attorney's fees pursuant to contract was made in this Court. In the ensuing years the judgment creditors have filed a number of Memorandum of Costs seeking enforcement related costs. On February 12, 2018, judgment debtors filed for bankruptcy. Relief from stay has recently been granted to allow the judgment creditors to seek an award of attorney's fees pursuant to Code of Civil Procedure §§'s 685.040 and 685.080, the Bankruptc...

Excerpt: ...ly “alleges” several causes of action related to the suspension of Plaintiff's driver's license. The exact “causes of action” and which parties they are directed against are difficult to discern. This action was initiated on September 1, 2022. Plaintiff filed his First Amended Complaint on September 6, 2022. That document is the subject of the demurrers of Defendant George Gascon, District Attorney and Defendants Sherri R. Carter, Court E...

Excerpt: ...This case was filed on September 18, 2020. The complaint alleges a slip and fall incident at Mirage Resort and Casino in Las Vegas. Plaintiff is alleging medical negligence against Defendant for Defendant's treatment of Plaintiff's injuries following the incident. Defendant filed the three discovery motions at issue on November 9, 2022. Defendant filed the Motion to Compel Responses to Form Interrogatories, Set Three, pursuant to CCP sections 203...

Excerpt: ...his motion on August 19, 2022. Defendant filed its opposition on August 26, 2022. Defendant replied on September 7, 2022. On September 14, 2022, the parties were ordered to conduct a meaningful meet and confer, and the subsequent follow-up hearing on this motion was continued a couple times, and it is now set for December 7, 2022. MOVING PARTY'S POSITION The moving party is requesting an order requiring Defendant to provide further responses to R...

Excerpt: ...CKGROUND On April 13, 2021, Plaintiffs filed a complaint alleging two causes of action for professional negligence and negligent infliction of emotional distress. Plaintiff Joshua Kohan has dismissed his claim for negligent infliction of emotional distress, so the only claim left to be tried is the professional negligence claim of Plaintiffs Ayelet Kohan and Tehila Moeinzadeh. Plaintiffs are alleging that Defendant Dr. Rogers provided negligent p...

Excerpt: ...sentation; and (4) Bad Faith. Plaintiffs purchased title insurance from Defendant. This action arises out of Plaintiffs' claim that Defendant's attorney, who was one of the attorneys representing Plaintiffs in a quiet title action, allegedly induced them to sign a settlement agreement by making misrepresentations to Plaintiffs. Defendant now seeks a demurrer as to Plaintiffs' second and third causes of action. Procedural This action was originall...

Excerpt: ...of good faith and fair and dealing, and other causes of action arising out of the denial of Plaintiff Garza's permanent sports disability claim. Subsequently, Cross-Complainant filed this action against Cross-Defendant for four causes of action: fraud, negligence, negligent misrepresentation, and comparative fault/contribution. Cross-Complainant is alleging that Cross- Defendant is responsible, or at least partially responsible, for the events th...

Excerpt: ...h of contract; (2) breach of covenant of good faith and fair dealing; (3) fraud – intentional misrepresentation; and (4) fraud – negligent misrepresentation. The causes of action arise out the alleged failure of Defendants to honor the Plaintiffs' homeowners' policy after Plaintiffs' sustained losses during the Woolsey Fire in 2018. This action was originally filed by Plaintiffs on February 2, 2022. Plaintiffs filed their Second Amended Compl...

Excerpt: ... Plaintiff to furnish security in the amount of $30,000 to Defendant Adventist Health Glendale by October 7. Plaintiff has not done so, and instead he filed this motion. MOVING PARTY'S POSITION Plaintiff's argument is primarily that he should not have been deemed a vexatious litigant due to reasons that are unclear. He argues that the previous lawsuits he filed were not related to the current one, but as this Court has previously found, the recor...

Excerpt: ...ction for trespass, nuisance, and negligence related to a property line dispute. Cross-Complainants subsequently filed a cross-complaint, alleging four causes of action for trespass, private nuisance, quiet title, and declaratory relief. Cross- Complainants demur to Cross-Defendant's answer to their cross-complaint. Cross- Complainants' cross-complaint was filed on July 25, 2022. Cross-Defendant filed her answer on September 15, 2022. Cross-Compl...

Excerpt: ...se out of Defendant Keith's alleged abuse of Plaintiff and Defendants DSS and DGS's alleged failure to prevent that abuse. B. Procedural This action was originally filed by Plaintiff on May 19, 2020. After this Court sustained a couple of previous Demurrers against prior versions of Plaintiff's Complaint, Plaintiff's Third Amended Complaint (TAC) was filed on September 26, 2022. Defendant State of California filed the Demurrer with Motion to Stri...

Excerpt: ...on was originally filed by Plaintiff on August 8, 2022. Defendant filed its Demurrer as to Plaintiff's Complaint on October 28, 2022. Plaintiff filed its opposition on November 10, 2022. Defendant filed its reply on November 17, 2022. II. MOVING PARTIES' GROUNDS FOR THE DEMURRER Defendant demurs to the Seventh, Eighth, Ninth, and Eleventh causes of action, pursuant to CCP §§ 430.10(a) and (e), on the grounds that Plaintiff fails to state facts ...

Excerpt: ...22. Defendant filed the Demurrer with Motion to Strike that is now before the Court on October 25, 2022. Plaintiff has filed no opposition to this demurrer as of November 18, 2022. However, Plaintiff has submitted a Second Amended Complaint which was received by the Court on November 14, 2022. There had been no authorization granted for filing that amended complaint and it shall not be considered at this time. (The Court notes that it identifies ...

Excerpt: ...ntiff following reports of safety issues in a lab that Plaintiff oversaw. This action was originally filed by Plaintiff on October 20, 2020. After a couple previous demurrers were filed by Defendant and sustained by this Court, Plaintiff's Third Amended Complaint was filed on August 10, 2022. Defendant filed its Demurrer to Plaintiff's Third Amended Complaint, on September 12, 2022. Plaintiff filed his opposition on October 24, 2022. Defendant fi...

Excerpt: ...mages in the amount of “no less than $74,213.94” plus interest, costs and attorney's fees. Defendant filed its Answer on April 5, 2021. It generally denied the allegations and set forth 24 affirmative defenses. On April 20, 2022 Plaintiff filed its Motion for Summary Judgment. The Motion was granted on July 6, 2022. Judgment was entered on July 15, 2022 in the amount of $34,008.71. On July 26, 2022, Plaintiff filed a Memorandum of Costs seeki...

Excerpt: ...rner Associates (Cross-Claimant) and Mark Lawrence and Dee Dee Lawrence dba Trophyman (Cross-Defendants). This action was filed as a result of a fire which started in Cross-Defendants' unit of property, owned by Cross-Claimant, and spread to the plaintiffs' unit, also owned by Cross-Claimant. Cross-Claimant filed their motion for summary adjudication on August 17, 2022. No opposition has been filed. The Motion for Summary Adjudication is based on...

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...