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