Excerpt: ...ed Plaintiff with special interrogatories (set one). After multiple extensions, Plaintiff's counsel failed to provide timely responses. On March 15, 2024, Defendant filed this motion to compel Plaintiff's responses to the special interrogatories and request for sanctions. LEGAL STANDARD ¿¿ If a party to whom interrogatories or an inspection demand were directed fails to serve a timely response, the propounding party may move for an order compel...

Excerpt: ...age in the interactive process; failure to accommodate; retaliation in violation of Fair Employment and Housing Act; failure to prevent harassment, discrimination, or retaliation; negligent hiring, supervision, or retention; retaliation in violation of Labor Code section 1102.5; and wrongful termination in violation of public policy. On March 7, 2024, Defendants filed this motion to continue the trial and related dates and deadlines. DISCUSSION D...

Excerpt: ...ip agreement, breach of fiduciary duty, and an accounting. On November 15, 2023, Plaintiff filed this motion to compel Defendant's further responses to requests for production of documents (set two) (RFPs). LEGAL STANDARD A propounding party may move for an order compelling a further response to a demand for inspection if the propounding party deems that an answer or statement of compliance is evasive or incomplete, or that an objection is “wit...

Excerpt: ...llowing causes of action: (1) breach of the implied covenant of good faith and fair dealing, (2) tortious interference with contract, and (3) extortion. On February 1, 2024, the court granted Defendant's motion for summary judgment. On February 23, 2024, Defendant filed a memorandum of costs. On March 1, 2024, Plaintiff filed this motion to tax costs. LEGAL STANDARD The prevailing party is entitled to recover costs, including attorneys' fees, as ...

Excerpt: ...ction: breach of written contract, breach of partnership agreement, breach of fiduciary duty, and an accounting. On November 14, 2023, Plaintiff filed this motion to compel Defendant's further responses to special interrogatories (set two). LEGAL STANDARD A propounding party may move for an order compelling a further response to interrogatories if the propounding party deems that an answer to a particular interrogatory is evasive or incomplete, o...

Excerpt: ...owing causes of action: (1) financial elder abuse, (2) conversion, (3) unjust enrichment, (4) cancellation of instrument, (5) cancellation of instrument, (6) quiet title, (7) quiet title, (8) violation of Tom Bane Civil Rights Act, (9) violation of Civil Code Section 789.3, and (10) wrongful eviction. On October 27, 2023, Defendant served Plaintiff with requests for production of documents (set one) (RFPs) by mail and email. (Chen Decl., ¶ 4.) P...

Excerpt: ...use, (2) conversion, (3) unjust enrichment, (4) cancellation of instrument, (5) cancellation of instrument, (6) quiet title, (7) quiet title, (8) violation of Tom Bane Civil Rights Act, (9) violation of Civil Code Section 789.3, and (10) wrongful eviction. On October 27, 2023, Defendant served Plaintiff with requests for admission (set one) (RFAs) by mail and email. (Chen Decl., ¶ 4.) Plaintiff's daughter acknowledged receipt of the discovery by...

Excerpt: ...laint alleges race discrimination, disability discrimination, racial harassment, disability harassment, retaliation under Fair Employment and Housing Act (FEHA), failure to prevent harassment, discrimination, harassment, or retaliation, retaliation under Labor Code section 1102.5, constructive discharge in violation of public policy, violation of Civil Code section 43, intentional infliction of emotional distress, failure to provide reasonable ac...

Excerpt: ...erved Plaintiff with form interrogatories (employment). After multiple extensions, Plaintiff's counsel failed to provide timely responses. On March 15, 2024, Defendant filed this motion to compel Plaintiff's responses to the form interrogatories and request for sanctions. LEGAL STANDARD ¿¿ If a party to whom interrogatories or an inspection demand were directed fails to serve a timely response, the propounding party may move for an order compel...

Excerpt: ... complaint, Plaintiff alleges the following causes of action: (1) breach of contract, (2) tortious breach of the implied warranty of habitability, (3) violation of Civil Code section 1942.4, (4) unlawful and unfair business practices, (5) violation of Civil Code section 1942.5, (6) intentional infliction of emotional distress, and (7) violation of Civil Code section 51. On July 6, 2023, Plaintiff served Defendant with requests for admission (RFAs...

Excerpt: ... Madrid Jr. In the complaint, Plaintiff alleges the following causes of action: (1) breach of contract, (2) tortious breach of the implied warranty of habitability, (3) violation of Civil Code section 1942.4, (4) unlawful and unfair business practices, (5) violation of Civil Code section 1942.5, (6) intentional infliction of emotional distress, and (7) violation of Civil Code section 51. On July 6, 2023, Plaintiff served Defendant with special in...

Excerpt: ...olation of California's unfair competition law and (2) public nuisance. On October 2, 2023, Defendants filed this demurrer. LEGAL STANDARD A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (¿¿ Blank v. Kirwan (1985) 39 Cal.3d 311, 318¿¿.) “¿To survive a demurrer, the complaint need only allege facts sufficient to state a...

Excerpt: ...ollowing causes of action: (1) discrimination; (2) hostile work environment; (3) retaliation in violation of FEHA; (4) failure to provide reasonable accommodation; (5) failure to engage in the interactive process; (6) failure to prevent discrimination, harassment, and retaliation; (7) negligent hiring, supervision, and retention; (8) wrongful termination in violation of public policy; (9) breach of express oral contract; (10) breach of implied -i...

Excerpt: ...laratory relief. On February 22, 2024, Defendant filed this motion to transfer this action to the Superior Court of the County of Orange. LEGAL STANDARD “[A] motion for change of venue must satisfy two requirements: (1) it must be shown the action is proper in the county to which the movant seeks transfer; and (2) it must be shown the county in which the action was filed was improper under any applicable t heory.” (La Miranda Community Hospit...

Excerpt: ...de meal breaks and rest periods, (4) Labor Code section 203 wages, and (5) Labor Code section 226 damages. On February 28, 2024, Plaintiff filed this motion for leave to file an amended complaint. LEGAL STANDARD Under Code of Civil Procedure section 473, subdivision (a)(1), “[t]he court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading.” Amendment may be allowed at any time before or after ...

Excerpt: ...nnifer Habib, and Stephanie Habib (Plaintiffs) filed a second amended complaint (SAC) against Defendant A.L. Wilson Chemical Co mpany (Defendant) and others. The SAC alleges the following causes of action: (1) negligence, (2) strict liability – failure to warn, (3) strict liability – design defect, (4) fraudulent concealment, (5) breach of implied warranties, and (6) loss of consortium. On December 21, 2023, Defendant filed this motion for su...

Excerpt: ...ucile Packard Children's Hospital Stanford (Defendant). On January 17, 2020, Plaintiff filed a first amended complaint (FAC). With leave of the court, Plaintiff filed a second amended complaint (SAC) on May 5, 2023. In the SAC, Plaintiff alleges (1) breach of contract, (2) breach of implied covenant of good faith and fair dealing, (3) breach of fiduciary duty, (4) intentional mis representation, (5) negligent misrepresentation, (6) concealment, (...

Excerpt: ...uses of action: (1) dissolution of corporation/partnership, (2) accounting, (3) breach of fiduciary duty, (4) fraud, (5) breach of cont ract, (6) intentional infliction of emotional distress, and (7) quiet title. On March 5, 2024, Plaintiff filed an ex parte application for issuance of temporary restraining order. On March 6, 2024, the court denied the ex parte application and scheduled this order to show cause whether the court should issue a pr...

Excerpt: ...��¿[A] motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.¿” (¿¿Code Civ. Proc., § 437c, subd. (c)¿¿.) T he moving party bears the initial burden of production to make a prima facie showing that there are no triable issues of material fact. (¿¿ Aguilar v. Atlantic Richfield Co. (2001) ...

Excerpt: ...n employee about Aguilar. Defendant conducted an investigation against Aguilar. To that end, Defendant interviewed Plaintiff. On May 6, 2021, Defendant questioned Aguilar about the allegations against her. During the interview, Aguilar informed Defendant about the sexually explicit photographs she had received from Plaintiff. Plaintiff believes Aguilar volunteered the information due to Plaintiff's participation in the investigation. On May 19, 2...

Excerpt: ...rofessional negligence. On September 25, 2023, Defendant filed this demurrer. The demurrer targets the second cause of action for fraudulent concealment. LEGAL STANDARD A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (¿¿ Blank v. Kirwan (1985) 39 Cal.3d 311, 318¿¿.) “¿To survive a demurrer, the complaint need only alle...

Excerpt: ...ten contract; (2) breach of oral contract; (3) accounts shared; and (4) quantum meruit. On September 22, 2023, Plaintiff served Defendant with special interrogatories. On November 14, 2023, Defendant's counsel claimed to have not received the discovery. Plaintiff re-sent the special interrogatories and extended Defendant's time to respond to December 14, 2023. However, Defendant did not provide timely responses to the special interrogatories. On ...

Excerpt: ...ction against Defendant: broker negligence. On February 16, 2024, Defendant filed this demurrer. LEGAL STANDARD A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (¿¿ Blank v. Kirwan (1985) 39 Cal.3d 311, 318¿¿.) “¿To survive a demurrer, the complaint need only allege facts sufficient to state a cause of action; each evid...

Excerpt: ...he demurrer. LEGAL STANDARD A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (¿¿ Blank v. Kirwan (1985) 39 Cal.3d 311, 318¿¿.) “¿To survive a demurrer, the complaint need only allege facts sufficient to state a cause of action; each evidentiary fact that might eventually form part of the plaintiff's proof need not be al...

Excerpt: ...e complaint alleges breach of implied warranty of habitability and negligence. On March 16, 2020, Margaret Shaw added Ocean Towers Housing Corporation (Ocean Towers) as a defendant. On March 27, 2020, Margaret Shaw added FirstService Residential California, LLC (FirstService) as a defendant. In Case No. 19STCV07203, Ocean Towers and FirstService filed a cross- complaint against Graham Nudd for indemnification on November 23, 2020. In this action,...