Excerpt: ... and others. In the complaint, Decedent and Loris Attia alleged negligence, strict liability, fraudulent concealment, breach of implied warranties, and loss of consortium. On July 28, 2023, Plaintiffs Loris Attia, Jennifer Habib, Sara Habib, and Stephanie Habib (Plaintiffs) filed a first amended complaint (FAC). On August 29, 2023, Defendant filed this motion to strike portions of the FAC. LEGAL STANDARD A court may strike any “¿irrelevant, fa...

Excerpt: ...ummary judgment with exhibits that included documents subject to the protective order. On September 18, 2023, Defendants filed this motion to seal documents. 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, ...

Excerpt: ...) failure to pay overtime wages, (4) meal break violations, (5) rest period violations, (6) waiting time penalties, (7) failure to provide itemized wage statements, (8) damages for fraud and deceit, (9) unlawful business practices, (10) declaratory relief, (11) breach of oral contract, (12) quantum meruit/implied-in-fact contract, (13) fraud and deceit, (14) intentional infliction of emotional distress, and (15) negligent infliction of emotional ...

Excerpt: ...dant), Co-Defendant Ira Emus (Co-Defendant), and others. On June 15, 2023, Plaintiff served Defendant with requests for production (set two) (RFPs). That day, Plaintiff also served Co-Defendant with RFPs. On July 28, 2023, Defendant and Co-Defendant served Plaintiff with unverified, joint responses to the RFPs in a single document. On September 5, 2023, Plaintiff filed this motion to compel responses from Defendant to the RFPs and request for san...

Excerpt: ... the court entered a notice of entry of judgment. Defendants were the prevailing party. On July 27, 2023, Defendants filed a memorandum of costs. On August 16, 2023, Plaintiff filed this motion to tax costs. LEGAL STANDARD A prevailing party is entitled to recover costs, including attorneys' fees, as a matter of right, except as otherwise expressly provided by statute. (¿¿See Code Civ. Proc., §§ 1032, subd. (a)(4), 1032, subd. (b), 1033.5¿¿...

Excerpt: ... from an employment dispute. On May 8, 2020, Plaintiff Suzanne Ruelas (Plaintiff) filed a complaint against Defendants City of Baldwin Park, Shannon Yauchzee, Rose Tam, Laura Thomas, Manuel Lozano, Michale Taylor an Benjamin Martinez (Defendants). The complaint also named Robert Tafoya (Tafoya) as a Defendant. On January 20, 2022, Plaintiff dismissed Tafoya from this action. On July 31, 2023, Plaintiff filed this motion for a protective order pre...

Excerpt: ... November 30, 2022, Plaintiff Paul William Pilger (Plaintiff) filed a complaint against Defendants Monica Potter, Sabrina Coryell, and Kevin Dwight (Defendants). The complaint alleges intentional and/or negligent interference with prospective economic advantage. On March 23, 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 out...

Excerpt: ...ed a complaint against Yeo Bai Lee (Lee) and Julia Lee. The complaint alleges the following causes of action: conversion; embezzlement; aiding and abetting embezzlement; breach of fiduciary duty; aiding and abetting breach of fiduciary duty; receipt of stolen property; and unjust enrichment. On August 7, 2023, Lee filed this motion to dismiss or abate this action. LEGAL STANDARD When parties file suits against each other in different courts, and ...

Excerpt: ... (Defendant). The complaint alleges breach of implied warranty of merchantability and breach of express warranty under the Song-Beverly Act. On April 25, 2023, Plaintiff propounded on Defendant requests for production of documents (RFPs). On May 1, 2023, Defendant served Plaintiff with responses. Plaintiff was dissatisfied with Defendant's responses and the parties met and conferred multiple times. On July 21, 2023, Defendant served further respo...

Excerpt: ...r's ruling of his individual PAGA claims and non-PAGA claims. BACKGROUND This action arises from an employment dispute. On June 6, 2022, Plaintiff Ricardo Torres (Plaintiff) filed a complaint against Lancaster Hospital Corporation (Defendant). The complaint alleges the following causes of action: failure to compensate for all hours worked; failure to pay minimum wages; failure to pay overtime; failure to provide accurate itemized wage statements;...

Excerpt: ...ion arises from an employment dispute. On December 30, 2022, Plaintiff Phillip Ri (Plaintiff) filed a complaint against Defendant City of Los Angeles (Defendant). The complaint alleges the following causes of action: disability harassment; disability discrimination; retaliation in violation of FEHA; and failure to prevent harassment, discrimination, and retaliation. On August 8, 2023, Plaintiff filed this motion for leave to file a first amended ...

Excerpt: ...fendant). In their complaint, Plaintiffs allege various violations of the Labor Code. On June 9, 2023, Defendant filed this motion to compel arbitration. DISCUSSION The parties dispute the extent to which the arbitration agreement's Private Attorneys General Act (PAGA) waiver is enforceable. The agreement provides as follows: “By signing this agreement, you waive your right to commence, or be a party to, any class, representative, or collective...

Excerpt: ... others. In the complaint, Decedent and Loris Attia alleged negligence, strict liability, fraudulent concealment, breach of implied warranties, and loss of consortium. On July 28, 2023, Plaintiffs Loris Attia, Jennifer Habib, Sara Habib, and Stephanie Habib (Plaintiffs) filed a first amended complaint (FAC). On August 29, 2023, Defendant filed this motion to strike portions of the FAC. LEGAL STANDARD A court may strike any “¿irrelevant, false ...

Excerpt: ...This action arises from a contractual dispute. On June 23, 2021, Plaintiff LAAC Corp. (Plaintiff) filed a complaint against Mistry Engineering, Inc. (Defendant Mistry Engineering) and others. In the complaint, Plaintiff alleged the following causes of action: breach of contract, negligence, and “indemnification.” On February 28, 2022, Defendant Mistry Engineering filed a cross-complaint against the following: Windsor Consulting Services Group...

Excerpt: ...ss warranty, breach of implied warranty of non- infringement, intentional misrepresentation, and indemnity. On August 23, 2023, Plaintiff filed a motion for leave to amend the complaint to add a cause of action for theft arising from the same underlying transaction as the existing causes of action. Trial is set for November 27, 2023. LEGAL STANDARD Under Code of Civil Procedure section 473, subdivision (a)(1), “[t]he court may, in furtherance o...

Excerpt: ...n for strict liability and negligence. On May 21, 2020, the successor in interest of Mark D. Croce and his surviving children (Croce Plaintiffs) filed a complaint against Defendant. The complaint alleges strict product liability, breach of warranties, and negligence. On July 24, 2020, the court found these cases related. On October 27, 2022, the Capriotto Plaintiffs filed a first amended complaint, as did the Croce Plaintiffs. On November 22, 202...

Excerpt: ...33.420 to recover the attorney's fees and costs it incurred in needing to prove matters that Plaintiff purportedly wrongfully denied in response to the RFAs. Section 2033.420 states in pertinent part, “If a party fails to admit . . . the truth of any matter . . . and if the party requesting that admission thereafter proves . . . the truth of that matter, the party requesting the admission may move the court for an order requiring the party to w...

Excerpt: ...ty. Unbeknownst to Defendants, Plaintiff filed a first amended complaint on October 6, 2022. On October 18, 2022, Defendants filed a first amended cross-complaint based on Plaintiff's original complaint. On November 18, 2022, Defendants filed this motion for leave to file a second amended cross-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 a...

Excerpt: ... Plaintiff filed a first amended complaint. In the complaint, Plaintiff alleged causes of action for breach of contract and breach of the implied covenant of good faith and fair dealing. On March 17, 2023, Plaintiff 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 materi...

Excerpt: ...irez (Plaintiff) filed a complaint against Defendants Inspired Dining Group, Inc. and Randy Doten (Defendants). In the complaint, Plaintiff alleged the following causes of action: failure to pay overtime wages, failure to pay minimum wages, failure to provide meal periods, wage statement violations, failure to pay due wages at termination, violations of the Labor Code, and violation of Business and Professions Code section 17200, et seq. On Decem...

Excerpt: ... court days […] before the hearing.”].) BACKGROUND This action arises from a dispute over alleged embezzlement. On December 8, 2020, Dahada Service America, Inc. (Dahada) filed a complaint against Min Chul Jeon and others. In the complaint, Dahada alleged breach of fiduciary duty, aiding and abetting breaches of fiduciary duty, conversion, fraudulent transfer, “unjust enrichment,” constructive fraud, various RICO violations, and declarato...

Excerpt: ...ively “Equity”). In the complaint, Fox and others allege negligence, negligence per se, and various violations of Los Angeles County ordinances. On July 2, 2021, Equity filed a cross-complaint against Fox and others. In the cross- complaint, Equity's first cause of action for breach of contract applies to Joyce Eisman alone. Equity's following causes of action apply to Fox and others: (2) equitable indemnity, (3) implied indemnity, and (4) de...

Excerpt: ...he following causes of action: discrimination; harassment; retaliation; failure to prevent discrimination, harassment, and retaliation; declaratory judgment; wrongful termination in violation of public policy; failure to pay wages; failure to provide meal and rest periods; failure to provide wage and hour statements; waiting time penalties; and unfair competition. On February 16, 2023, Defendants filed this motion to compel arbitration. DISCUSSIO...

Excerpt: ...062 – which had been dismissed in July 2014. Three years later in 2018, Plaintiff filed against Defendant a second lawsuit which is the lawsuit pending before this court. In November 2022, Plaintiff moved to enforce in this second lawsuit the first lawsuit's purported settlement agreement. LEGAL STANDARD “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court...

Excerpt: ... grants the motion to compel deposition and request for sanctions because Defendant Jorge Rodriguez (Defendant) has not cooperated with Plaintiff Carlos Montes (Plaintiff) in scheduling a deposition. BACKGROUND This action arises from a dispute over alleged physical and defamatory attacks. On November 13, 2020, Plaintiff filed a complaint against Defendant. On March 18, 2021, Plaintiff noticed the deposition of Defendant to take place on May 3, 2...

Excerpt: ...nia, Inc. Plaintiff's complaint alleges medical negligence against all defendants. Plaintiff also alleges lack of informed consent against Christopher G. Goring and Jamie Taylor. On March 2, 2023, Defendant Verity Health System of California, Inc. filed this motion for summary judgment. 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 t...

Excerpt: ...filed a proof of service, which claimed Defendant was served with the first amended complaint, summons, and other documents via substituted service. On January 20, 2021, default was entered against Defendant. On April 16, 2021, default judgment was entered against Defendant. On July 18, 2023, Defendant filed this motion to set aside entry of default and vacate judgment. DISCUSSION Defendant argues the court should set aside the default judgment b...

Excerpt: ...with an August 17, 2022, production date. Seventy-one days later on October 27, 2022, Plaintiff filed this motion to compel compliance with the subpoena. DISCUSSION The court denies Plaintiff's motion to compel the deposition because it is untimely. The production date for the subpoena was August 17, 2022. (Cunningham Decl., ¶ 3; Ex. B.) Non- party neither objected to the subpoena nor produced any documents. Under Code of Civil Procedure section...

Excerpt: ...ant filed this demurrer. DISCUSSION Breach of Contract The elements for breach of contract include the defendant's breach. (Lortz v. Connell (1969) 273 Cal.App.2d 286, 290.) Defendant correctly notes Plaintiff has not identified the contractual term that Defendant's employee allegedly breached. The court thus sustains the demurrer to the breach of contract cause of action with leave to amend. Defamation Defendant correctly notes that Plaintiff ha...

Excerpt: ... complaint, Plaintiff alleged the following causes of action: breach of warranty of habitability, breach of covenant of quiet enjoyment, negligence, breach of contract, nuisance, and unfair competition. On August 31, 2022, Defendant propounded discovery on Plaintiff, which included the requests for production (RFPs) at issue. To date, Defendant has received no responses from Plaintiff. On October 17, 2022, Defendant filed this motion to compel di...

Excerpt: ...(Defendant) and Lucile Packard Children's Hospital Stanford (Co-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 misrepresentation, (5) negligent misrepresentation,...

Excerpt: ...abricare Supply, Inc., Univar Solutions, USA, Inc., A.L. Wilson Chemical Company (Defendants) and others. In the complaint, Decedent and Loris Attia alleged negligence, strict liability, fraudulent concealment, breach of implied warranties, and loss of consortium. On March 24, 2023, Plaintiffs Loris Attia, Jennifer Habib, Sarah Habib, and Stephanie Habib (Plaintiffs) filed this motion for leave to amend their complaint. LEGAL STANDARD Under Code ...

Excerpt: ...ter, Rob Ross, Daniel Storm, Ruby Tse, and Bernabe Zepeda (Plaintiffs) filed a complaint against Defendants Sports Media Services, LLC and Gary Hartley (Defendants) and others. On September 26, 2022, Plaintiffs filed a first amended complaint. In the complaint, Plaintiffs allege age discrimination, wrongful termination, fraud, defamation, and intentional infliction of emotional distress. On February 14, 2023, Defendants filed their demurrer. LEGA...

Excerpt: ...Martinez (Defendants). On September 18, 2020, Plaintiff filed a first amended complaint. On November 23, 2020, Defendants filed an answer. On February 23, 2022, Plaintiff filed a second amended complaint after the court granted her motion to amend. On June 30, 2023, Defendants filed this motion to amend their answer. LEGAL STANDARD Under Code of Civil Procedure section 473, subdivision (a)(1), “[t]he court may, in furtherance of justice, and on...

Excerpt: ...for breach of contract. On March 3, 2023, Plaintiff's counsel filed this motion for attorney's fees. DISCUSSION Attorney Fees Under Civil Code Section 1717. “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be that party prevailing on the c...

Excerpt: ...15, 2022, Defendant filed a motion to deem Plaintiff a vexatious litigant. On December 1, 2022, Plaintiff requested that the court dismiss this case without prejudice. On December 6, 2022, dismissal was entered. On July 13, 2023, Plaintiff filed his opposition. LEGAL STANDARD Under Code of Civil Procedure section 391, subdivision (b)(1), a vexatious litigant refers to a person who does the following: “In the immediately preceding seven-year per...

Excerpt: ...ortions of Plaintiffs' Complaint. The court considered the moving papers, opposition, and reply. BACKGROUND This action arises from a dispute over an alleged battery at a grocery store. On January 19, 2023, Plaintiff Leon Jones (Defendant) filed a complaint against Defendant Vons Companies, Inc. (erroneously sued as Albertson's Inc.) (Defendant). In the complaint, Plaintiff alleges assault, battery, intentional infliction of emotional distress, n...

Excerpt: ...laintiff Jose Martinez Motion to Compel Arbitration and Stay Proceedings. The court considered the moving papers, opposition, and reply in connection with this motion. BACKGROUND This action arises from an employment dispute. On August 10, 2022, Plaintiff Jose Martinez (Plaintiff) filed a complaint against Designed Metal Connections, Inc. (Defendant). In the complaint, Plaintiff alleged causes of action for discrimination, failure to prevent disc...

Excerpt: ...otors America, Inc. Motion for Attorney Fees and Costs. The court considered the moving papers, opposition, and reply. BACKGROUND This action arises from a dispute over a 2017 Optima Hybrid. On August 10, 2018, Plaintiffs Rene Barahona and Karina L Portillo (Plaintiffs) filed a complaint against Defendant Kia Motors America, Inc. In the complaint, Plaintiffs alleged various causes of action under the Song-Beverly Act. The parties settled in Octob...

Excerpt: ...tion to Strike Portions of Plaintiffs' Complaint. The court considered the moving papers. Plaintiff has not filed a timely opposition. BACKGROUND This action arises from a property dispute. On November 10, 2022, Plaintiff Queen Williams (Plaintiff) filed a complaint against Defendant Corey Flournoy Williams (Defendant). In the complaint, Plaintiff alleges the following causes of action: (1) financial elder abuse, (2) conversion, (3) unjust enrich...

Excerpt: ..., Christina Development Corporation RESPONDING PARTY: Plaintiff Jane Doe Motion for Summary Judgment or, in the alternative, Summary Adjudication The court considered the moving papers, opposition, and reply in connection with this motion. BACKGROUND This action arises from a dispute between a landlord and a tenant. On October 15, 2021, Plaintiff Jane Doe filed a complaint against Defendants Empire View Homes, LLC and CREI Manager, LLC. On July 5...

Excerpt: ...uthern California Healthcare System, Inc. Motion for Attorney Fees and Costs. The court considered the moving papers, opposition, and reply. BACKGROUND This action arises from an employment dispute. On May 14, 2020, Plaintiff Paul Edward Martignetti (Plaintiff) filed a complaint against Defendant Southern California Healthcare System, Inc. (Defendant). In the complaint, Plaintiff alleged disability discrimination, failure to provide reasonable ac...

Excerpt: ...endant General Motors, LLC Motion to Compel Further Responses to Requests for Production of Documents, Set One. The court considered the moving papers, opposition, and reply papers filed in connection with this motion. BACKGROUND This action arises from a dispute over a defective 2019 Chevrolet Silverado 1500. On July 12, 2022, Plaintiff Roberto Torres (Plaintiff) filed a complaint against Defendant General Motors, LLC (Defendant). In the complai...

Excerpt: ...eering, Inc. Motion to Enforce Settlement. The court considered the moving papers, opposition, and reply. BACKGROUND This action arises from a contractual dispute. On June, 23, 2021, Plaintiff The LAAC Corp. (Plaintiff) filed a complaint against Mistry Engineering, Inc. (Defendant) and others. In the complaint, Plaintiff alleged the following causes of action: breach of contract, negligence, and “indemnification.” In April 2023, the parties s...

Excerpt: ...endant Hyundai Motor America Motion for Attorney Fees and Costs. The court considered the moving papers, opposition, and reply. The court denies Plaintiff's request for judicial notice. The court sustains Defendant's Evidentiary Objection #1 in full. The court sustains Objection #2 as to trial court orders in other matters and unpublished decisions. BACKGROUND This action arises from a dispute over a 2012 Hyundai Elantra. On January 14, 2021, Pla...

Excerpt: ...UND This action arises from an employment dispute. On July 7, 2021, Plaintiff Courtney Patterson filed a complaint against Defendant PIH Health Downey Hospital (Defendant). In the complaint, Plaintiff alleged causes of action for “workplace disparate treatment,” retaliation, failure to prevent retaliation, and wrongful termination. On April 12, 2023, Defendant filed this motion to file exhibits under seal. On June 23, 2023, Plaintiff filed a ...

Excerpt: ...endant Westlake Investment Properties, LLC RESPONDING PARTY: Plaintiff Antonio Chox Tziquin Motion to Compel Discovery Responses and Request for Sanctions. The court considered the moving papers. No opposition was filed. BACKGROUND This action arises from a dispute between a landlord and tenants. On February 14, 2022, twenty-four Plaintiffs filed a complaint against Defendant Westlake Investment Properties, LLC (Defendant). In the complaint, Plai...

Excerpt: ... and Aliza Hawkins Motion for Leave to Amend Complaint. The court considered the moving papers. No opposition was filed. BACKGROUND This action arises from a contractual dispute. On November 19, 2021, Plaintiffs James and Aliza Hawkins (Plaintiffs) filed a complaint against home remodeler Robert Fonseca (Co-Defendant) and subcontractor Defendant Ricardo Hernandez. In the complaint, Plaintiffs alleged causes of action for action of surety bond, br...

Excerpt: ...e court considered the moving papers, opposition, and reply papers filed in connection with this motion. BACKGROUND This action arises from a landlord/tenant dispute. On October 15, 2021, Plaintiff Jane Doe (Plaintiff) filed a complaint against Defendant Empire View Homes, LLC (Defendant). In the complaint, Plaintiff alleges breach of contract, breach of implied warranty of habitability, breach of implied warranty of quiet enjoyment, negligence, ...

Excerpt: ...ors America, Inc. Motion for Attorney Fees and Costs. The court considered the moving papers, opposition, and reply. BACKGROUND This action arises from a dispute over a 2017 Optima Hybrid. On August 10, 2018, Plaintiffs Rene Barahona and Karina L Portillo (Plaintiffs) filed a complaint against Defendant Kia Motors America, Inc. In the complaint, Plaintiffs alleged various causes of action under the Song-Beverly Act. The parties settled in October...