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...

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