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