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