Excerpt: ...Code § 3706) 2. Negligent Hiring 3. Negligent Entrustment & Supervision 4. Failure to Pay All Regular Wages Earned (Cal Labor Code §§ 204, 218.5, 218.6, & 510) 5. Failure to Pay All Overtime Wages Earned (Cal Labor Code §§ 510, 1194, & 1194.2) 6. Failure to Provide Meal Breaks (Cal Labor Code §§ 226.7 & 512) 7. Failure to Provide Rest Periods (Cal Labor Code §§ 226.7 & 512) 8. Failure to Furnish Accurate Wage Statements (Cal Labor Code �...

Excerpt: ...ed a declaration to the Court at the start of trial requesting a continuance of the trial. The Court denied Defendant's oral motion for a continuance due to lack of diligence, lack of good cause, and prejudice to the Plaintiff. Notably, Defendant had previously received several continuances of the trial. Defendant appeared remotely via LACourtConnect, audio only. The Court entered judgment for Plaintiff against Defendant in the amount of $76,396....

Excerpt: ...d Supplemental Allegations—Unlawful Detainer, ¶ 10.) The complaint alleges that on or about March 31, 2023, Plaintiff had Defendant served, via posting and mailing, with a three-day notice to pay rent or quit (the “Notice”) demanding $57,336.00 in unpaid rent. (Id. ¶¶ 9–10, Exs. 2 & 3.) Defendant has filed a demurrer to the Complaint. Plaintiff opposes the demurrer. Discussion on Demurrer A. Demurrer Standard – “[A] demurrer tests ...

Excerpt: ...intiff presented his vehicle to authorized dealerships to have the defects repaired, but the dealerships failed to conform the Vehicle to its express warranties. (Complaint, ¶¶ 23-24.) Plaintiff subsequently filed his Complaint on February 2, 2023 alleging the following six causes of action: 1. Fraudulent Concealment and Misrepresentation; 2. Negligent Misrepresentation; 3. Business & Professions Code §17200; 4. Song-Beverly Consumer Warranty ...

Excerpt: ... GCC entered into a commercial lease agreement wherein Plaintiff agreed to lease the premises located at 8218 Sunset Boulevard, West Hollywood, California 90046 to GCC for a period of five years at an initial base rate of $6,500 per month from September 1, 2020 and August 31, 2021. (Compl. ¶ 9; Exh. A.) Thereafter, the base rate would increase for each subsequent period. (Ibid.) Concurrently with the execution of the commercial lease, Rooney exe...

Excerpt: ...intiff has filed the instant Motion to Enter Judgment Pursuant to Settlement Agreement (CCP 664.6) and for an Award of $2,160.00 in Attorneys and Costs. Defendant opposes the motion. Legal Standard “If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the t...

Excerpt: ...oves for summary judgment, or in the alternative, summary adjudication. Defendant does not oppose the motion. Legal Standard The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dismissal without the need for trial. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) CCP § 437c...

Excerpt: ...rienced in connection with a residential condominium owned by Plaintiff and managed by Defendant Association through Defendant Eisner. Plaintiff filed the operative First Amended Complaint (“FAC”) on June 10, 2022, alleging the same causes of action against Defendants. Plaintiff has now filed the instant motion for leave to file a second amended complaint. Defendants oppose the motion. Legal Standard Per Code of Civil Procedure section 473, s...

Excerpt: ...ect. During the project, Plaintiffs allegedly learned the general contractor and various subcontractors did not construct Plaintiffs' home according to Plaintiffs' specifications. Plaintiffs filed this lawsuit against Montalba, Montalba employees David Montalba, Michael Knopoff, Jon Handzo, and Ben McDonald of Montalba (collectively, the “Montalba Defendants”), PBS, and other parties. PBS and the Montalba Defendants (collectively, the “Sett...

Excerpt: ...at the facility failed to comply with ADA standards. (Complaint, ¶ 8 and ¶ 10.) Specifically, Plaintiff alleges that (1) the outdoor dining surfaces did not possess enough knee clearance and (2) that the condiments were located on a counter that was too high to reach. Defendant brings a demurrer and motion to strike the Complaint. Plaintiff opposes the motions. Request for Judicial Notice Defendant requests that the Court take judicial notice o...

Excerpt: ... fails to state facts sufficient to constitute a cause of action against it and is uncertain under Code Civ. Proc. § 430.10(e) and (f). JLL's demurrer is unopposed. Roth Staffing demurs on the grounds that the Court lacks subject matter jurisdiction under Code Civ. Proc. § 430.10(a) since the matter is currently being litigated in arbitration. Roth Staffing's demurrer is also unopposed. As these demurrers challenge the same pleading, the Court ...

Excerpt: ...from the former owner, Lauren Ivester (“Ivester”), Jacobs contends Ritchie is improperly occupying the property, claiming to have a valid interest in the property by virtue of a lease agreement between himself and Ivester entered into prior to the sale of the property to Jacobs. On April 7, 2023, the Court granted Ritchie's motion for leave to file a First Amended Cross-Complaint, which was deemed filed that same day. Ritchie's FACC asserts c...

Excerpt: ...ntinental Real Estate Services, Inc. (Shaaya and Continental collectively “Cross-Defendants”) seeking, among other things, to invalidate the purchase agreement. On November 29, 2022, Cross-Complainant filed a First Amended Cross-Complaint (“FACC”) asserting causes of action for breach of fiduciary duty, fraud, negligence, negligent misrepresentation, and constructive fraud. On March 20, 2023, the Court sustained Cross-Defendants' demurrer...

Excerpt: ...e in the film despite representations that no nudity would be required or filmed in connection with the movie. Plaintiffs' Complaint asserted seven causes of action against Defendant for sexual harassment, fraud, sexual abuse, appropriation of name and likeness, intentional infliction of emotional distress, negligence, and unfair business practices. Defendant previously brought a motion to strike under Code Civ. Proc. § 425.16, which extends pro...

Excerpt: ...revious motion for summary judgment for the following reasons: 1) Plaintiff brought the motion before the 60-day period elapsed from Defendant's first general appearance and thus the motion was procedurally improper, 2) Plaintiff provided insufficient evidence to support his claim under Business & Professions Code § 7031(b), and 3) Plaintiff did not establish the threshold elements of his causes of action for breach of contract or negligence. Le...

Excerpt: ...s the Court to take judicial notice of documents filed in this litigation as well as records from the California Secretary of State. Plaintiff's request is unopposed and is GRANTED. Legal Standard Motions to strike are used to reach defects or objections to pleadings which are not challengeable by demurrer (i.e., words, phrases, prayer for damages, etc.). (C.C.P. §§ 435, 436 & 437.) A motion to strike lies only where the pleading has irrelevant...

Excerpt: ...ims against them. Defendants' motion is unopposed. Legal Standard Motions for summary judgment are governed by Code Civ. Proc. § 437c, which allows a party to “move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding.” (C.C.P. § 437c(a)(1).) The function of a motion for summary judgment or adjudication is to allow a determination as to whethe...

Excerpt: ...edical Holdings, Inc. (collectively “Defendants”). On April 26, 2023, the Court sustained Defendants' demurrer to Plaintiff's Second Amended Complaint (“SAC”) and granted Defendants' motion to strike Plaintiff's claim for punitive damages. Plaintiff now brings a motion asking for reconsideration of that April 26 ruling. Defendants oppose the motion. Legal Standard Code Civ. Proc. “[s]ection 1008 governs motions for reconsideration, by p...

Excerpt: ...cember 29, 2022, and alleges three causes of action for breach of the duty of loyalty, intentional interference with prospective economic relations, and negligent interference with prospective economic relations. Defendant now brings this demurrer to all of Plaintiff's causes of action, arguing they are preempted by the California Uniform Trade Secrets Act and fail to state sufficient facts to constitute a cause of action against him under Code C...

Excerpt: ...oss-Complaint against Plaintiff and other parties alleging defects in the construction project which formed the basis of Plaintiff's claim. In February 2022, the parties notified the Court that a settlement had been reached as to almost all the parties to the action. Based on this representation, the Court vacated the trial date in this action and set an Order to Show Cause regarding the resolution of the case as to the remaining parties. After g...

Excerpt: ...his personal bank account and then transferred it to his stock account which was in the name of his trust. GM III passed away on December 14, 2020, and Defendant George Montgomery IV (“Defendant”) was appointed the administrator of GM III's estate. Plaintiff alleges Defendant is the sole beneficiary of the GM III trust, and has refused Plaintiff's demand for return of the funds. Plaintiff's Complaint asserts causes of action against Defendant...

Excerpt: ...tion of separate personal injury and malpractice actions brought by Plaintiffs. The Defendants separately brought three motions to strike Plaintiffs' Complaint pursuant to Code Civ. Proc. § 425.16, which extends protections to strategic lawsuits against public participation (“SLAPP” actions). On February 28, 2023, the Court issued an order granting Defendants' motions as to three of the four claims asserted by Plaintiffs. New York Marine now...

Excerpt: ...e, breach of contract, and elder financial abuse, among others. A default judgment was entered against Defendant on November 14, 2019. On October 16, 2020, Defendant filed a motion to vacate the default judgment, which was granted by the Court on September 2, 2021. Defendant then filed an answer by way of a General Denial on September 8, 2021. Plaintiff argued she was not properly served with notice of Defendant's motion to vacate, and on January...

Excerpt: ...in business entities which are relevant to the instant dispute between the parties. Defendant opposes Plaintiff's motion. Legal Standard “Disqualification of counsel may be ordered ‘when necessary in furtherance of justice. (Code Civ. Proc., § 128,¿subd. (a)(5).)'”¿(In re Marriage of Zimmerman¿(1993) 16 Cal.App.4th 556, 562 (quoting¿Elliott v. McFarland Unified School Dist.¿(1985) 165 Cal.App.3d 562, 567).)¿“It is well settled that...

Excerpt: ...ement and a declaration of the parties' respective rights and obligations thereunder. Plaintiff now moves to strike certain paragraphs from Defendant's Cross-Complaint, arguing they are irrelevant to the instant dispute between the parties and have been included solely to embarrass him. Plaintiff separately moves to seal the Cross-Complaint in its entirety, or, alternatively, certain paragraphs of that Cross-Complaint. Defendant opposes Plaintiff...