Excerpt: ...action: (1) breach of express warranty, (2) breach of implied warranty, and (3) violation of Civil Code section 1793.2. On July 7, 2023, Defendant filed this motion for summary judgment or, in the alternative, summary adjudication. LEGAL STANDARD “¿[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 matt...

Excerpt: ...ce. On October 4, 2023, Defendant filed this motion for judgment on the pleadings. LEGAL STANDARD A motion for judgment on the pleadings has the same function as a general demurrer but is made after the time for demurrer has expired. Except as provided by Code of Civil Procedure section 438, the rules governing demurrers apply. (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999.) DISCUSSION Third Cause of Action – Statutory Violati...

Excerpt: ...lleges 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 written warranty; and breach of implied warranty of merchantability. On April 17, 2023, Plaintiff propounded requests for production of documents (RFPs) on Defendant. On May 16, 2023, Defendant served Plaintiff with responses. Plaintiff was dissatisfi...

Excerpt: ... 2023, Plaintiffs noticed the deposition of Defendant's person most knowledgeable (PMK) with production of documents. The deposition was set for August 24, 2023. On August 17, 2023, Defendant served objections. The deposition did not take place. The parties met and conferred to no avail. On November 2, 2023, Plaintiffs filed this motion to compel the deposition of Defendant's PMK with production of documents. LEGAL STANDARD “The service of a de...

Excerpt: ...unicipal Employees, District Council 36 (Defendant Council 36) and Defendant American Federation of State County and Municipal Employees, National Headquarters (Defendant National). The complaint alleges violation of Labor Code section 1102.5 and wrongful termination in violation of public policy. On February 17, 2023, Defendant National filed this motion for summary judgment or, in the alternative, summary adjudication for the first cause of act...

Excerpt: ...ff) filed a complaint against Paragon Relocation Resources, Inc. (Defendant) and Paragon Global Resources, Inc. The complaint alleges breach of contract, conversion, and unjust enrichment. On September 2, 2021, Plaintiff propounded special interrogatories on Defendant. On December 7, 2021, Defendant provided responses. Plaintiff was dissatisfied. The parties met and conferred to no avail. Defendant served supplemental responses by April 25, 2023....

Excerpt: ... of contract, (2) breach of covenant of good faith and fair dealing, (3) promissory estoppel, and (4) declaratory relief. On December 7, 2022, Plaintiff served Defendant with Special Interrogatories. On January 27, 2023, Defendant served Plaintiff with responses to the Special Interrogatories. Plaintiff was dissatisfied with some of the responses. On May 26, 2023, Plaintiff filed this motion to compel further responses to Special Interrogatory No...

Excerpt: ... Code section 1793.2, breach of express written warranty, breach of implied warranty of merchantability, fraudulent inducement – concealment, and negligent repair. In September 2022, the parties settled. On December 28, 2022, Plaintiffs' counsel filed this motion for attorney fees. On August 14, 2023, Plaintiffs' counsel filed an amended motion for attorney fees. Plaintiffs' counsel seek $196,701.72, which consists of the following: (1) $132,22...

Excerpt: ...lations of the Civil Code, breach of express warranty, breach of implied warranty of merchantability, and fraud by omission. From 2021 to 2022, Plaintiff served Defendant with multiple notices of deposition of its person most knowledgeable (PMK). However, Defendant did not produce its PMK. On November 15, 2022, Plaintiff filed a motion to compel the deposition of Defendant's PMK. On July 11, 2023, Plaintiff filed an amended motion to compel the d...

Excerpt: ...int against Paragon Relocation Resources (Defendant) and Paragon Global Resources, Inc. The complaint alleges breach of contract, conversion, and unjust enrichment. On September 2, 2021, Plaintiff propounded requests for production of documents (RFPs) on Defendant. On December 7, 2021, Defendant responded to the RFPs. Plaintiff was dissatisfied with the responses. On April 26, 2023, Defendant provided supplemental responses to the RFPs. Plaintiff...

Excerpt: ... In the third cause of action, Plaintiff seeks involuntary dissolution of Tradewinds Property Group, LLC. On March 3, 2023, Defendants filed a motion to stay the dissolution claim. On March 27, 2023, the court granted the motion. On June 9, 2023, the court signed and filed the order. On June 26, 2023, Plaintiff filed this motion for reconsideration of the court's order. LEGAL STANDARD “When an application for an order has been made to a judge, ...

Excerpt: ...under Code of Civil Procedure section 1281.98. Plaintiff's counsel seeks $108,822.91 in attorney fees and costs. EVIDENCE The court overrules Defendant's evidentiary objections. LEGAL STANDARD Under Code of Civil Procedure section 1281.98, subdivision (c)(1), “If the employee or consumer withdraws the claim from arbitration and proceeds in a court of appropriate jurisdiction . . . [t]he employee or consumer may bring a motion . . . to recover a...

Excerpt: ...Code of Civil Procedure section 437c, subdivision (t). In the stipulation, the parties agreed to address the following issues in their motions: whether Defendant's interpretation and application of Education Code section 45192 is consistent with the statute or the Fair Employment and Housing Act (FEHA); whether Defendant's placement of Plaintiff on the 39-month reemployment list can be considered discriminatory or unlawful under any of her FEHA c...

Excerpt: ... Khalid Haridy Ghaefeer (Defendants). The FAC alleges the following causes of action: breach of contract, general negligence, ‘intentional tort,' and fraud. On November 7, 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¿¿.)...

Excerpt: ...s discovery order on September 16, 2022. DISCUSSION Plaintiffs seek sanctions because Defendant failed to comply with the court's September 16, 2022 order to provide further, verified, code compliant responses without objection to Plaintiffs' request for production of documents (set one). As a preliminary matter, the court notes that despite the September 16 order, Defendant's supplemental responses contain objections. (Crandall Decl., ¶ 20; Ex....

Excerpt: ...cuments supporting the motion for summary judgment. LEGAL STANDARD Unless confidentiality is required by law, court records are presumed to be open to the public. (Cal. Rules of Court, rule 2.550, subd. (c).) Consequently, pleadings, motions, evidence, and other papers may not be filed under seal merely by stipulation of the parties; rather, a prior court order is necessary. (Cal. Rules of Court, rule 2.551, subd. (a).) To grant such an order, th...

Excerpt: ...chneider, and Rosario Hurley are the named Defendants. The FAC alleges the following causes of action against Defendant: financial elder abuse, conversion, and violation of Penal Code section 496. On July 24, 2023, Defendant Chris Bagley 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. (¿¿...

Excerpt: ... 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 alleged.¿” (¿¿C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 8...

Excerpt: ...ant). The complaint 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 September 29, 2022, Plaintiff served Defendant with the first set of special interrogatories. After multiple extensions, Defendant provided responses on January 20, 2023. Plaintiff was dissatisfied with the ...

Excerpt: ...July 21, 2022, Defendant filed a cross complaint against Plaintiff and others. The cross-complaint alleges the following causes of action: quiet title to real property, agreed boundary, adverse possession, trespass, negligence, encroachment, elder financial abuse, and intentional infliction of emotional distress. On October 26, 2023, Non-Party Nahid Mohammadi (Non-Party) filed this motion for leave to intervene. LEGAL STANDARD A nonparty has the ...

Excerpt: ...er, Alisa Miller, Doris Schneider, and Rosario Hurley are the named Defendants. The FAC alleges the following causes of action against Defendant SRF: physical elder abuse, financial elder abuse, conversion, violation of Penal Code section 496, battery, intentional infliction of emotional distress, negligence, and declaratory judgment. On July 24, 2023, Defendant SRF filed this demurrer. LEGAL STANDARD A demurrer can be used only to challenge defe...

Excerpt: ...sidential Management, LLC, and Equity Residential Services, LLC (Defendants). On April 13, 2023, Defendants served Plaintiffs with a second set of requests for production of documents (RFPs). On May 16, 2023, Defendants served Plaintiffs with a third set of RFPs. On July 5, 2023. Plaintiffs filed this motion for a protective order for the May 16 RFPs. DISCUSSION Plaintiffs argue that good cause supports their proposed protective order because the...

Excerpt: ...rnia, Lucy Avetisyan, and Michael Beck (UCLA Defendants). The complaint alleges causes of action for violation of California Whistleblower Retaliation Act and retaliation in violation of Labor Code section 1102.5. On May 9, 2023, Deloitte 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 notic...

Excerpt: ...Dang, LLC (Dang), in addition to others. The FAC alleges breach of contract and tortious interference. On February 28, 2023, Dang answered the FAC. On July 11, 2023, Dang filed a cross-complaint against Anabi and others. The cross- complaint includes a cause of action for declaratory relief. On August 3, 2023, Anabi filed a demurrer to the cross-complaint. Anabi seeks dismissal of Dang's cause of action for declaratory relief. LEGAL STANDARD A de...

Excerpt: ... Liberty Global, LLC (Defendant) and others. In the complaint, Plaintiff 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 Janu...