Excerpt: ... failure to accommodate, failure to engage in the interactive process, retaliation, and failure to prevent discrimination and retaliation. On July 24, 2023, Defendants filed this motion to compel arbitration. DISCUSSION The parties dispute whether an arbitration agreement is in place between them. Plaintiff argues she never saw or electronically signed such an agreement. If an employee cannot recall signing an arbitration agreement, the employer ...

Excerpt: ... (Defendant), Huy Quoc Dang (Defendant Dang), and others. On October 20, 2022, Defendant Dang propounded Special Interrogatories on Plaintiff. On June 6, 2023, Defendant propounded Special Interrogatories on Plaintiff. On July 5, 2023, Plaintiff filed this motion for a protective order. DISCUSSION With this motion, Plaintiff seeks a protective order. Under Code of Civil Procedure section 2019.030, subdivision (a), the court may restrict discovery...

Excerpt: ... elder abuse (neglect), negligence, violation of resident's bill of rights, elder abuse (financial), and wrongful death. On April 5, 2023, Defendant filed this demurrer for the first and fourth causes of action. 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: ... complaint, Plaintiff alleges medical negligence and lack of informed consent against Defendant. On April 25, 2023, Defendant 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 that the moving party is entitled to a judgment as a matter of law.¿” (¿¿Code Civ. Proc., § 437c, subd. (c)¿¿.) The...

Excerpt: .... On July 20, 2023, Plaintiff filed a first amended complaint (FAC). The FAC alleges the following causes of action: breach of fiduciary duty, constructive fraud, fraudulent concealment, conspiracy, intentional misrepresentation, accounting and constructive trust, partition and accounting, and dissolution. On September 20, 2023, Defendants filed this motion to strike portions of the FAC. LEGAL STANDARD A court may strike any “¿irrelevant, fals...

Excerpt: ...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 alleged.¿” (¿¿C.A. v. William S. Hart Union High ...

Excerpt: ...eges 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 22, 2022, Defendant issued a subpoena to Third-Party Adventist Health White Memorial (Third-Party Adventist). On January 3, 2023, Plaintiff filed this motion to quash or modify the subpoena. LEGAL STANDARD Code of Civil P...

Excerpt: ...iled a complaint against Defendant General Motors, LLC (Defendant). The complaint alleges various violations of the Civil Code. On January 27, 2023, Plaintiff propounded discovery on Defendant, including the Special Interrogatories at issue. On March 16, 2023, Defendant served untimely responses. On May 2, 2023, Defendant filed this motion to compel further responses to Special Interrogatory Nos. 24 and 25. LEGAL STANDARD ¿¿A propounding party ...

Excerpt: ...n arises from a dispute over shoes. On August 10, 2020, Plaintiffs Jackson Stoops and Guiding Hands Social Club, LLC (Plaintiffs) filed a complaint against Defendant Stephen Wei-Liang Leng (Defendant Leng) and others. On June 23, 2021, Plaintiffs filed a second amended complaint. On September 15, 2021, Plaintiffs filed a third amended complaint. In the operative complaint, Plaintiffs alleged breach of contract, “money had and received,” unjus...

Excerpt: ... complaint against Defendant Los Angeles County department of Public Social Services (Defendant). The complaint alleges disability discrimination, harassment based on disability, retaliation, failure to engage in the interactive process, failure to provide reasonable accommodation, and failure to prevent discrimination. On January 12, 2023, Plaintiff propounded requests for production of documents (RFPs) on Defendant. After multiple extensions, D...

Excerpt: ...missal of the elder abuse claim. 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 p...

Excerpt: ... court days […] before the hearing.”].) BACKGROUND This action arises from a dispute over foreclosed real property. On September 28, 2022, Plaintiff Denise Birtch (Plaintiff) filed a complaint against Defendant Specialized Loan Servicing, LLC (Defendant) and others. The complaint alleges one cause of action for identity theft. On July 10, 2023, Defendant served Plaintiff with special interrogatories. Plaintiff never responded. On August 24, 2...

Excerpt: ...aura Thomas, Robert Tafoya, Manuel Lozano, Michael Taylor, Benjamin Martinez (Defendants). On September 18, 2020, Plaintiff filed a first amended complaint. On February 23, 2022, Plaintiff filed a second amended complaint (SAC). On December 29, 2022, Plaintiff filed this motion to quash or limit Defendants' deposition subpoenas issued to Third-Parties Kaiser Permanente and Octave Behavioral Health. LEGAL STANDARD Code of Civil Procedure section 1...

Excerpt: ...urt days […] before the hearing.”].) BACKGROUND This action arises from a dispute over foreclosed real property. On September 28, 2022, Plaintiff Denise Birtch (Plaintiff) filed a complaint against Defendant Specialized Loan Servicing, LLC (Defendant) and others. The complaint alleges one cause of action for identity theft. On July 10, 2023, Defendant served Plaintiff with form interrogatories. Plaintiff never responded. On August 24, 2023, D...

Excerpt: ...ises 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, 2021. On April 20, 2021, the parties agreed to a discovery extension and vacated the deposition date. Plaintiff noticed another deposition of Defendant set for May 19, 2021. Defendant objected on the grounds that the depositio...

Excerpt: ...ACKGROUND This action arises from a dispute over alleged medical malpractice. On January 13, 2020, Plaintiff Otis Vann, Jr. (Plaintiff) filed a complaint against Defendant Jamie L. Taylor (Defendant) and others. On October 18, 2021, Defendant served Plaintiff with special interrogatories. On March 21, 2022, Plaintiff served Defendant with responses to the special interrogatories. Defendant was dissatisfied with Plaintiff's responses. On August 9,...

Excerpt: ...fendant) and Anthem Blue Cross Life and Health Insurance Company (Anthem). 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: ... party at least nine 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 viola...

Excerpt: ...GROUND This action arises from a dispute over alleged medical malpractice. On January 13, 2020, Plaintiff Otis Vann, Jr. (Plaintiff) filed a complaint against Defendant Jamie L. Taylor (Defendant) and others. On October 18, 2021, Defendant served Plaintiff with form interrogatories. On March 21, 2022, Plaintiff served Defendant with responses to the form interrogatories. Defendant was dissatisfied with Plaintiff's responses. On August 9, 2022, Pl...

Excerpt: ...a complaint against Smile World, Inc., Jin Young Kim, STK Enterprises, Inc., and JK Beauty Group., Inc. (JK Beauty). On October 16, 2020, the court entered judgment under which JK Beauty, Jin Young Kim, and others are judgment debtors. On September 18, 2023, Plaintiff filed this motion to amend the judgment. LEGAL STANDARD “When jurisdiction is . . . conferred on a Court . . . all the means necessary to carry it into effect are also given; and ...

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¿¿...