Excerpt: ...reliminary injunction is GRANTED except as to JPMorgan Chase Bank, N.A. The preliminary injunction is DENIED as to JPMorgan Chase Bank, N.A. BACKGROUND On November 17, 2023, Palm West Escrow, Inc. filed a complaint against Capital One, N.A. and Does 1-50 for (1) declaratory relief, (2) breach of implied contract (against Does), (3) fraud/conversion (against Does), and (4) money had and received/unjust enrichment. On November 28, 2023, the court g...

Excerpt: ...tiff to Answer Special Interrogatories, Set No. One (3) Motion for Order Compelling Plaintiff to Respond to Demand for Production, Set No. One The court considered the moving papers. No opposition was filed, although Plaintiff's counsel filed a statement attesting that his client is not cooperating with him and he should not be sanctioned. RULING The motions are GRANTED. Plaintiff is ordered to respond without objections to defendants' Form and S...

Excerpt: ... (2) Motion to Strike Portions of Complaint The court considered the moving, opposition, and reply papers. RULING The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 5 th and 6 th causes of action and SUSTAINED WITH TEN DAYS LEAVE TO AMEND as to the 7 th cause of action. The motion to strike is GRANTED WITH LEAVE TO AMEND. BACKGROUND On June 30, 2023, Ostralia J. Mathews and O'Myah Jackson, a minor by and through her guardian, Ostralia J. ...

Excerpt: ...The demurrer is OVERRULED as to the Fifth and Sixth causes of action in the complaint. Defendants are ordered to file answers within 20 days. BACKGROUND On October 2, 2023, plaintiff Karen McManus filed a complaint against Ford Motor Company and Auto Nation Ford Valencia for (1) violation of Civil Code §1793.2(d), (2) violation of Civil Code §1793.2(b), (3) violation of Civil Code §1793.2(a)(3), (4) breach of the implied warranty of merchantab...

Excerpt: ...DENIED. BACKGROUND On November 21, 2022, plaintiff Jane Doe R.H. filed a complaint against defendants Doe 1, Doe 2, and Doe 3 through 60 for (1) childhood sexual abuse, (2) IIED, (3) negligence based on Gov. Code §§815.2 and 820, (4) failure to report suspected child abuse, (5) negligent supervision of a minor, and (6) negligence. Plaintiff alleges that in 1993/1994 schoolyear when she was around 16 or 17 years old and a student at Leuzinger Hi...

Excerpt: .... The case is STAYED. BACKGROUND On January 17, 2023, plaintiff Larry Tang filed a complaint against Fadi K. Rasheed and Leech Tishman Fuscaldo & Lampl, Inc. for (1) professional negligence (legal malpractice), (2) breach of contract, and (3) breach of fiduciary duty. Plaintiff alleges that in October 2021, plaintiff retained defendants to represent his interests in a business tort and contract action brought against one of plaintiff's former bus...

Excerpt: ..., 2023, the court granted plaintiff's ex parte application to file certificates of merit under seal. LEGAL AUTHORITY CCP §340.1 states, in part: “(l) At any time after the action is filed, the plaintiff may apply to the court for permission to amend the complaint to substitute the name of the defendant or defendants for the fictitious designation, as follows: (1) The application shall be accompanied by a certificate of corroborative fact execu...

Excerpt: ...rt orders plaintiff to respond further without objections to defendants' form and special interrogatories, set one and requests for production of documents, set one within 30 days. BACKGROUND On June 12, 2023, plaintiff Jorge Alberto Marenco filed a complaint against defendants Paul Plotkin and 923 1 st Street MB, LLC for general negligence and premises liability. On August 18, 2023, Paul Plotkin and 923 1 st Street MB, LLC filed a cross-complain...

Excerpt: ...3) negligence, (4) negligent misrepresentation, (5) fraud, (6) violation of Penal Code §496(A), and (7) violation of Bus. and Prof. Code §17200. On August 21, 2023, The North River Insurance Company filed a cross-complaint against Chris Le, ind. and dba The Electrician for indemnity, statutory reimbursement, and contribution. LEGAL AUTHORITY When considering demurrers, courts read the allegations liberally and in context. Taylor v. City of Los ...

Excerpt: ...t considered the moving, opposition, and reply papers. RULING The motions to compel are ruled on as stated below. The motion for protective order is ruled on as stated below. BACKGROUND On December 20, 2022, plaintiff HL Group 2 Limited Partnership filed a complaint against defendants Trang Luyen, Truc Luyen, Huan Luyen, Loanco Mortgage Services LLC (“Luyen defendants”), and Stephanie Lan Nguyen for (1) slander of title, (2) cancellation of i...

Excerpt: ...ff Stanley Matthews filed a complaint against defendants Centinela Hospital Medical Center Auxiliary, Cedars Foot & Ankle Center, and Ashkan Soleymani, M.D. for (1) professional negligence/medical malpractice and (2) negligent misrepresentation. On August 28, 2023, at the post-mediation status conference, the court ordered the parties to meet and confer re deposition schedule and discovery. On October 31, 2023, at the post-mediation status confer...

Excerpt: ...efendant is ordered to file an answer within ten days. BACKGROUND On May 12, 2023, plaintiffs Dominic Smith and Dominic Smith Jr. filed a complaint against 21007 Victor Owner LLC for (1) violation of Civil Code §1942.4, (2) tortious breach of the warranty of habitability, (3) private nuisance, (4) violation of Business and Professional Code §17200, et seq., (5) negligence, (6) breach of covenant of quiet enjoyment, (7) intentional infliction of...

Excerpt: ...Act (“FEHA”); (2) Hostile Work Environment in Violation of the FEHA; (3) Retaliation in Violation of the FEHA; (4) Failure to Provide Reasonable Accommodations in Violation of the FEHA; (5) Failure to Engage in the Interactive Process in Violation of the FEHA; (6) Failure to Prevent Discrimination, Harassment, or Retaliation in Violation of the FEHA; (7) Violation of California Family Rights Act (“CFRA”); and (8) CFRA Leave Retaliation. P...

Excerpt: ... made an oral motion for leave to amend his complaint, which the Court denied. Just before that hearing, Plaintiff filed the current motion for leave to amend his complaint on the basis that he wished to supplement the information in his complaint as to his alleged protected disclosures. Plaintiff did not file this motion until after he had viewed the Court's tentative decision granting Defendant's motion for summary judgment. (Motion at p. ii.) ...

Excerpt: ...cket that Plaintiff filled out when she was hired by Defendant was an agreement to arbitrate. Plaintiff signed the Employee Acknowledgement and Agreement form via DocuSign when she began working on March 15, 2022. The Agreement included a clause in which Plaintiff agreed to utilize the binding arbitration process for employment disputes that is outlined in the employee handbook. Plaintiff was given a copy of the handbook with her New Hire Packet....

Excerpt: ..., where she had had work done previously by other periodontists, and Defendant noted that if Plaintiff wants him to treat her, she needed to become his patient and start from the beginning. (UMF 15.) On August 6, 2020, Defendant told Plaintiff that he could redo the bridge, but Plaintiff indicated that she wanted an implant and not a new bridge. (UMF 16.) Plaintiff last presented to Esthetic Professionals on October 9, 2020, when her bridge was r...

Excerpt: ...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. II. ANALYSIS A. Motion to Strike Defendant has moved for the Court to strike the statement on Page 21, line 25 of Plaint...

Excerpt: ...y of the Declaration of Aaron Buckley showing that Defendant had offered to mediate. The Court continued this motion and granted Plaintiff the right to “submit its evidence responsive to the Buckley Declaration.” (Nov. 28, 2023 Minute Order.) Plaintiff apparently misunderstood the intended breadth of the Order, as Plaintiff has submitted materials that do not respond to the Buckley Declaration. The Court has reviewed the Declaration of Patrri...

Excerpt: ...$7,500, as well as Plaintiffs' costs, expenses, and attorney fees. Plaintiffs are requesting a total of $107,856 in attorney fees, claiming that these fees are reasonable for the work performed. Defendant Kia America, Inc. (Defendant) argues that Plaintiffs' requested fees are not reasonable. Defendant argues that Plaintiffs' attorneys have billed excessive time for preparing written discovery and deposition, for drafting the meet and confer lett...

Excerpt: ...s personal jurisdiction over Defendant. Defendant is a distributor of quartz slabs supplied by a Vietnamese quartz manufacturer. Defendant is a Texas limited liability company with its principal place of business in Dallas. Defendant argues that it lacks sufficient ties 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...

Excerpt: ...d on April 30, 2022. Plaintiff alleges that she is a credentialed member of the press and a transgender woman of color. (Comp., ¶ 10.) Plaintiff alleges that she was filming outside the Wilshire Boulevard Temple as a part of a journalistic piece that she was doing on the lack of congregants adhering to health mandates in relation to the global pandemic. (Comp., ¶ 11.) Plaintiff was filming a vehicle entering the property and standing at the pro...

Excerpt: ...14, to the present in the position of Administrative Assistant I in Pasadena City College's (PCC) Office of Strategic Communications and Marketing. (UMF 1.) Plaintiff alleges that at the time of her hire, she was improperly placed at the lowest pay level for her position. (UMF 2.) Plaintiff alleges that she performed job duties outside of her job classification starting in September 2014. (UMF 3.) Plaintiff alleges that on December 10, 2014, and ...

Excerpt: ... to be alleging that it entered into some type of agreement with Defendant Los Angeles County MTA (Defendant) for the usage of the Tap App in 2014. Plaintiff's Third Amended Complaint (TAC) does not include the specific terms of the agreement or have the agreement attached to the TAC. In Plaintiff's TAC, Plaintiff has sued Defendant along with Defendant's employees: Alvin Kusumoto, Evan Rosenberg, and Stephanie Wiggins. The TAC seems to include j...

Excerpt: ...iff) served Defendant Greystar California, Inc. (Defendant) with Form Interrogatories and Requests for Production of Documents. After Plaintiff gave Defendant an extension, responses were due by December 4, 2023, but no responses were received. (Motions at p. 3.) Plaintiff filed these motions on December 5, 2023. Plaintiff seeks an order compelling responses to the form interrogatories and requests for production. Plaintiff seeks sanctions in the...

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...