Excerpt: ...srepresentation, breach of fiduciary duty, breach of implied covenant of good faith and fair dealing, constructive trust, accounting, and fraudul ent conversion. On August 23, 2023, Defendants served Plaintiff with a notice of deposition. The deposition was set for September 14, 2023. On September 7, 2023, Plaintiff served objections to the notice. The deposition did not go forward. On October 20, 2023, Defendants filed this motion to compel Plai...

Excerpt: ...Balakhaneh (Defendants), in addition to Pacific Eurotex Corp. (Co -Lessor). The SAC alleges the following causes of action: breach of lease, breach of joint venture agreement, breach of warranty of good faith and fair dealing, breach of fiduciary duty, conspiracy to defraud, negligence, conversion, rescission of contract, declarat ory relief, and violation of Business and Professions Code section 17200. On November 21, 2023, Defendants filed this...

Excerpt: ...s. Accordingly, on October 21, 2019, the court ordered Plaintiff to pay Defendant $25,000 in attorney's fees and costs. On April 18, 2022, Defendant issued a writ of execution. On June 15, 2022, a levy on all wages and monies due was issued against Third -Party Sherif Osmon, Inc. (dba Maged Chevron) (Third -Party). Third -Party did not respond or comply with the levy. On September 14, 2023, Defendant filed this motion to enforce the levy. ¿¿DIS...

Excerpt: ...ce 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 accommodation, and...

Excerpt: ...plaint alleges the following causes of action: elder abuse and negligence. On February 27, 2024, Plaintiff served Defendant with a notice of deposition of Defendant's person most knowledgeable (PMK). The deposition was set for March 12, 2024. Defendant's PMK did not appear for the deposition. On March 13, 2024, Plaintiff filed this motion to compel the deposition of Defendant's PMK and production of documents. LEGAL STANDARD “The service of a d...

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,...

Excerpt: ...and Housing Act (FEHA). On January 5, 2024, Plaintiff filed this motion for discovery of peace officer personnel records and other documents ( Pitchess Motion). LEGAL STANDARD Information contained in a peace officer's personnel file is generally protected from discovery or disclosure. (Pen. Code, § 832.7.) There is a two- step procedure for securing disclosure of most peace officer personnel records. (Warrick v. Sup. Ct. (City of Los Angeles Po...

Excerpt: ...relevant, false or improper matter¿inserted in any pleading¿” or any part of a pleading “¿not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.¿” (¿Code Civ. Proc., § 436¿.) “¿The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.¿” (¿Code Civ. Proc., § 437¿.)¿ DISCUSSION...

Excerpt: .... On February 23, 2023, Defendants filed a motion for summary judgment. On May 1, 2023, Plaintiff filed his opposition to the motion for summary judgment. On November 17, 2023, Defendants filed their reply. On January 22, 2024, Defendants filed this motion to seal portions of documents filed with Plaintiff's opposition and Defendants' reply. LEGAL STANDARD Unless confidentiality is required by law, court records are presumed to be open to the pub...

Excerpt: ...rties that serve as short -term rentals. On August 10, 2023, the People of the State of California (Plaintiff) filed a complaint against Ultimate Host, LLC and Mokhtar Jabli (Defendants), in addition to 5554 Green Oak, LLC and Kirill Ayzenberg. The complaint alleges the following causes of action: (1) violation of California's unfair competition law and (2) public nuisance. On October 24, 2023, Plaintiff filed this motion for a preliminary injunc...

Excerpt: ...C (Defendant). In the complaint, Plaintiff alleges the following causes of action: intentional misrepresentation, negligent misre presentation, breach of fiduciary duty, breach of implied covenant of good faith and fair dealing, constructive trust, accounting, and fraudulent conversion. On February 2, 2022, Plaintiff served a deposition notice for Defendant's person most qualified (PMQ). Defendant served objections and the deposition did not take...

Excerpt: ...alleges retaliation, disability discrimination, failure to accommodate, failure to engage in the interactive process, wrongful discharge in violation of public policy, and failure to allow inspection of personnel files. On November 29, 2023, Plaintiff served a notice for Brigitte Brown to appear at deposition and produce documents. The deposition was set for January 4, 2024. On December 27, 2023, Defendant served objections to the deposition noti...

Excerpt: ...lleges retaliation, disability discrimination, failure to accommodate, failure to engage in the interactive process, wrongful discharge in violation of public policy, and failure to allow inspection of personnel files. On November 29, 2023, Plaintiff served a notice for Ryanne Villas to appear at deposition and produce documents. The deposition was set for January 5, 2024. On December 27, 2023, Defendant served objections to the deposition notice...

Excerpt: ...ff alleges the following causes of action: intentional misrepresentation, negligent misrepresentation, breach of fiduciary duty, breach of implied covenant of good faith and fair dealing, constructive trust, accounting, and fraudulent conversion. On February 2, 2022, Plaintiff served a deposition notice for Defendant. Defendant served objections and the deposition did not take place. On December 16, 2022, Plaintiff served another deposition notic...

Excerpt: ...c. (Plaintiff) filed a complaint against Robyn Emus, Ira Emus, and ExtraSensory Software, Inc. (Defendant). On May 19, 2023, Plaintiff propounded requests for production of documents on Defendant. On July 7, 2023, Defendant served Plaintiff with its responses. Plaintiff was dissatisfied. On July 28, 2023, Defendant served Plaintiff with supplemental responses. Plaintiff was still dissatisfied. The parties met and conferred to no avail. On Septemb...

Excerpt: ... Inc. (Nominal Defendant) filed a cross -complaint against Plaintiff. In August 2019, the parties settled. On August 4, 2023, Plaintiff filed a motion to enforce the settlement. On August 14, 2023, Nominal Defendant filed this motion to seal Plaintiff's motion to enforce the settlement and supporting documents. On August 17, 2023, Defendant filed a joinder to the motion to seal. LEGAL STANDARD Unless confidentiality is required by law, court reco...

Excerpt: ...). On March 30, 2023, Defendants filed a motion for summary judgment. On December 19, 2023, Plaintiff filed his opposition to the motion for summary judgment. On January 3, 2024, Defendants filed their reply. On January 22, 2024, Defendants filed this motion to seal portions of documents filed with Plaintiff's opposition and Defendants' reply. LEGAL STANDARD Unless confidentiality is required by law, court records are presumed to be open to the p...

Excerpt: ... 2023, Robinson filed a cross -complaint (CC) against the Administrator of the Estate of Mark D. Croce (The Estate). The CC alleges the following causes of action: (1) total equitable indemnity, (2) comparative indemnity, (3) equitable apporti onment of fault; (4) contractual indemnity, (5) contribution, (6) declaratory relief. On December 28, 2023, the Estate filed this demurrer. LEGAL STANDARD A demurrer can be used only to challenge defects th...

Excerpt: ... Angeles (Defendants). In the complaint, Plaintiff alleges the following causes of action: intentional misrepresentation, negligent misrepresentation, breach of fiduciary duty, breach of implied covenant of good faith and fair dealing, constructive trust, accounting, and fraudulent conversion. On July 17, 2023, Plaintiff served by mail a deposition subpoena for Non- Party Jeremy D. Smith's (Non-Party) appearance and production of documents.[1] Th...

Excerpt: ...C alleges the following causes of action among others: (1st) wrongful termination in violation of public policy; (2nd) retaliation in violation of Government Code section 12940; (4th) failure to provide meal and rest breaks; and (7th) retaliation in violation of Labor Code section 1102.5. On December 5, 2023, Defendant filed this motion summary judgment or, in the alternative, summary adjudication of the above four causes of action. LEGAL STANDAR...

Excerpt: ...wing: violation of Civil Code section 1793.2, subdivision (d); violation of Civil Code section 1793.2, subdivision (b); violation of Civil Code section 1793.2, subdivision (a)(3); breach of express warranty; and breach of the implied warranty of merchantability. On December 15, 2023, Plaintiff served Defendant with an amended notice for the deposition of Defendant's person most qualified (PMQ). Defendant refused to produce its PMQ and objected to...

Excerpt: ...e Agency, Inc. (Defendant). The complaint alleges one cause of action for breach of lease. On July 10, 2023, Defendant filed this motion to quash service of summons. LEGAL STANDARD “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion for one or more of the following purposes: (1) To quash service of summons on the ground of l...

Excerpt: ...l Estates, Reginald Keith McKizz ie, Jewel Smith, and Llama Guys, LLC (Defendant). The complaint alleges the following causes of action: (1) breach of implied warranty of habitability, (2) tortious breach of implied warranty of habitability, (3) negligence, (4) intentional infliction of emotional distress, (5) private nuisance, (6) violation of Civil Code section 1942.4, (7) violation of Business and Professions Code section 17200, and (8) violat...

Excerpt: ...ndant Tiffanie Cassady (Co-Defendant). On November 1, 2022, the court granted Co-Defendant's motion to quash service of summons. On September 18, 2023, the court entered judgment in favor of Defendant. On October 2, 2023, Defendant filed a memorandum of costs. On October 13, 2023, Plaintiffs filed this motion to tax Defendant's costs. LEGAL STANDARD The prevailing party is entitled to recover costs, including attorneys' fees, as a matter of right...

Excerpt: ...ilure to engage in the interactive process, wrongful discharge in violation of public policy, and failure to allow inspection of personnel files. On November 29, 2023, Plaintiff issued multiple deposition notices. On January 8, 2024, Defendant filed this motion for a protective order. LEGAL STANDARD “Before […] a deposition, any party, any deponent, or any other affected natural person or organization may promptly move for a protective order....

Excerpt: ...aintiff alleges the following causes of action: discrimination; harassment; failure to prevent discrimination, harassment, and retaliation; failure to engage in a good faith interactive process; failure to provide reasonable accommodations; negligent supervision and retention; assault; retaliation; wrongful termination in violation of public policy; and declaratory judgment. On January 9, 2024, Plaintiff filed this motion for a protective order. ...