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