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