Excerpt: ...ilure to Prevent, and (9) Constructive Termination against Defendants Sood Enterprises, Inc. dba Jack in the Box 325 (“Sood”), Jose Aldana Garcia (“Garcia”), and DOES 1-50. On November 7, 2023, Defendants Sood and Garcia filed their joint Answer. On October 20, 2023, Defendant Reynaga filed his Answer. Bench Trial is currently set for August 5, 2024. (1)-(3) and (5)- (8) Rogs and RFPs Plaintiff now moves this court, per Code of Civil Proc...

Excerpt: ...nd (7) Libel against Defendant s Madeline Isabel Cordoba (“Cordoba”), Justin Daily (“Daily”), Reed Aljian (“Aljian”), and Daily Aljian LLP (“Firm”). [1] The first five causes of action are asserted against Defendant Cordoba only. The last two causes of action are asserted against the Attorney Defendants only. On December 14, 2022, Defendant Cordoba filed her Answer. On February 28, 2023, this court granted the Attorney Defendants'...

Excerpt: ...he project will eliminate the view from Plaintiff's property. Finally, Plaintiff alleges that the house it self was defectively constructed. On February 14, 2023, Plaintiff filed his Third Amended Complaint (“TAC”) for (1) Breach of Contract, (2) Breach of Express Warranty, (3) Breach of Implied Warranty, (4) Violation of Civil Code §§ 895 et seq., (5) Fraud, (6) Negligent Misrepresentation, (7 ) Promissory Fraud, (8) Public Nuisance Per Se...

Excerpt: ... the grounds that it fails to state facts sufficient to support the cause of action. Decision Plaintiff's Request for Judicial Notice is DENIED. Exhibits A -B do not appear to be relevant to the dispute at hand. Exhibit C is a trial court ruling from a different department. Trial court rulings in other cases are not relevant to the facts of this case and cannot be cited as precedent. See Budrow v. Dave & Buster's of California, Inc. (2009) 171 Ca...

Excerpt: ... Arya, now demurs to the TAC on the grounds that it fails to state facts sufficient to support any cause of action and is uncertain. Decision The demurrer to the first and second causes of action is OVERRULED, as it is unsupported in the memorandum. California Rules of Court Rule 3.1113(a). The demurrer to the third cause of action is SUSTAINED, with 10 days leave to amend . Third Cause of Action: Fraud The elements of a cause of action for fraud...

Excerpt: ...vide Accurate Wage Statements, (7) Labor Code Section 558, (8) Unlawful Business Practices, (9) PAGA, (10) Wrongful Retaliation In Violation of Labor Code Section 6310, (11) Wrongful Termination in Violation of Labor Code Section 6409.6, (12) FEHA Re taliation, (13) Wrongful Termination, and (14) Defamation against Defendants Darrell Gene Brooke (“Darrell”), The Brooke Law Group, PC (“Firm”), Michele Brooke (“Michele”), and DOES 1 -20...

Excerpt: ...emurs, per Code of Civil Procedure § 430.10(e) to the fifth cause of action in the Complaint on the grounds that there are no facts sufficient to support that cause of action against Defendant GM. Decision The demurrer is SUSTAINED, with 45 days leave to amend . Fifth Cause of Action: CLRA Civil Code § 1770 provides in relevant part as follows: “(a) The unfair methods of competition and unfair or deceptive acts or practices listed in this sub...

Excerpt: ... Jon Teiber, Michael Katcher, a nd DOES 1-10. No proof of service has been filed as to Defendants David Bugliari, Jon Teiber and Michael Katcher . No trial date has yet been set. Instant Pleading Defendant Creative Artists now demurs to the entire Complaint on the grounds that all claims are barred by the statute of limitations. Decision Defendant Creative Artists' Request for Judicial Notice is DENIED. The attachment of another lawsuit, and the ...

Excerpt: ...��), Jihad Smaili (“Jihad”), and DOES 1-20. On August 30, 2023, Defendant Jihad filed his Answer. On September 5, 2023, the defaults of Defendants Masitbi and Tarick were entered. On January 9, 2024, the default of Defendant Karkoukli was entered. No trial date has yet been set. Instant Motion Plaintiff now moves this court for an order compelling Defendant to provide further responses to its Form Interrogatories, Set No. One. Plaintiff also ...

Excerpt: ...f the investigation, in violation of a state statute known as the Investigative Consumer Reporting Agencies Act (“ICRAA”). On June 5, 2023, Plaintiffs filed their Complaint for (1) Violations of ICRAA, (2) Invasion of Privacy, and (3) Declaratory Relief against Defendants Equity Residential Management, Inc. (“Equity Residential”) and DOES 1 -10. On July 20, 2023, Plaintiffs filed an “Amendment to Complaint” substituting Defendant Tran...

Excerpt: ...for Violation of the Unruh Act against Defendant Veniroe, Inc. No trial date has yet been set. (1) Demurrer Defendant now demurs to the complaint, on the ground that Plaintiff has failed to plead willful and affirmative discrimination. Decision Defendant's Request for Judicial Notice is DENIED. Exhibit 1 is an unpublished ruling in a different case, which is not properly citable as authority, [1] and Exhibit 2 constitutes extrinsic evidence which...

Excerpt: ...ation, (5) Failure to Prevent, (6) CFRA Violation; and (7) Breach of Mandatory Duty against Defendants County of Los Angeles (“County”) and DOES 1-99. Jury Trial is set for June 3, 2024. Instant Pleading Defendant now demurs to the third cause of action in the 4AC, on the grounds that Plaintiff has failed to properly plead a claim for FEHA harassment. Decision The demurrer is OVERRULED. Defendant County is to Answer within 10 days. Discussion...

Excerpt: ... Violation of Civil Code § 2923.9; (6) Violation of Civil Code § 2923.10; (7) Unfair Competition; (8) Cancellation of Instruments; (9) Wrongful Foreclosure; and (10) Quiet Title against Defendants Select Portfolio Servicing, Inc. (“SPS”); US Bank, N.A. as Trustee for WaMu Mortgage Pass-Through Certificates Series 2006-AR11 (“US Bank”); Quality Loan Service Corporation (“Quality Loan”); and DOES 1-10. On December 17, 2021, Plaintiff ...

Excerpt: ...rovide Rest Breaks, (8) Waiting Time Penalties, (9) Failure to Provide Sick Leave, (10) Failure to Provide Wage Statements, (11) Failure to Maintain Accurate Records, (12) Failure to Provide Copies of Signed Documents, (13) Failure to Reimburse, (14) Unfair Competition, (15) PAGA Violations against Defendants Rokit Inc., Rokit Drinks LLC, Rokit Imports Inc., Rokit Drinks Imports Inc., Rokit Drinks Resources Inc., Rokit Distillery Inc. (collective...

Excerpt: ...nts City of Los Angeles (“City”), Aaron McCraney (“McCraney”), Susanna Kazarian (“Kazarian”), Catherina Emestica, erroneously sued as “Katherine Emestica” (“Emestica”), Norma Zamora (“Zamora”), and DOES 1-50. On August 19, 2022, Defendants City, McCraney, Kazarian, Emestica, and Zamora filed their joint Answer. Jury trial is currently set for April 15, 2024. Instant Motion Plaintiff now moves this court for an order that D...

Excerpt: ...scission (Fraud), (2) Rescission (Mistake), (3) Rescission (Failure of Consideration), (4) Constructive Trust, and (5) Declaratory Relief against Defendants Lori Butler aka Sammy Butler (“Butler”) and DOES 1-20. On March 27, 2023, Judge Katherine Chilton ordered the case reclassified to unlimited civil. The case was assigned to Judge Stephanie Bowick, sitting in Department 19. On April 24, 2023, pursuant to a peremptory challenge filed by Def...

Excerpt: ... per Code of Civil Procedure § 430.10(e) to the third and fourth causes of action in the Complaint on the grounds that there are no facts sufficient to support that cause of action against Defendant GM. Decision The demurrer to the third cause of action is OVERRULED. The demurrer to the fourth cause of action is SUSTAINED, with 20 days leave to amend. Third Cause of Action: Fraudulent Concealment The elements of fraudulent concealment are: 1. De...

Excerpt: ...tability, (8) Housing Discrimination, (9) Violation of Civil Code § 1940.2, (10) Violation of Civil Code § 789.3, (11) Violation of Civil Code § 1942.5, (12) Violation of Civil Code § 1954, (13) Violation of Civil Code § 52.1, (14) Violation of Civil Code § 1159, (15) Violation of Unruh Act, (16) Unfair Competition, (17) Conversion, (18) Intentional Infliction of Emotional Distress (“IIED”), (19) Bad Faith Retention of Security Deposit,...

Excerpt: ...efendant MRO filed its Answer. On April 5, 2023, Defendant Healy filed its Answer. MRO Cross‐Complaint On March 8, 2023, Defendant MRO filed its Cross-Complaint for (1) Implied Indemnity, (2) Contribution, and (3) Declaratory Relief against ROES 1-100. On August 7, 2023, Cross-Complainant MRO filed two “Amendments to Complaint” substituting Cross-Defendants Healy and Midvale Indemnity Co. (“Midvale”) in lieu of ROES 1-2, respectively. O...

Excerpt: ...for orders (1) designating Plaintiff Andre Nesbit as a Vexatious Litigant, (2) adding Plaintiff's name to the Vexatious Litigant list, and (3) requiring Plaintiff to post a bond. Decision Defendant Panda's Request for Judicial Notice (“RJN”) is GRANTED. The “Reply” filed by Plaintiff on January 9, 2024, is STRICKEN and will not be considered, as it is a sur-reply unauthorized by the Rules of Court or any order of this court. The motion is...

Excerpt: ...5 days leave to amend. Discussion The defects identified in the demurrer demonstrate some of the common ordeals of form pleading. The first of these is the inability to clearly plead in the alternative. Plaintiff used Judicial Council Form UD-100 for its complaint. Line item 7 of that form asks the pleader to state whether the property at issue is subject to Civil Code 1946.2, by checking one of two boxes: 7a for “no” and 7b for “yes.” If...

Excerpt: ...dant Melamed filed her verified Answer. On March 27, 2017, Plaintiff voluntarily dismissed Defendant USA National, without prejudice. On July 7, 2017, Plaintiff filed two “Amendments to Complaint” substituting Defendants Telmour Riahi (“Riahi”) and Marjan Azimi (“Azimi”) in lieu of DOES 1-2, respectively. These parties were never served. On April 26, 2018, the parties executed a preliminary settlement agreement in open court. On May 3...

Excerpt: ...fendant GM filed its Answer. Jury trial is currently set for May 20, 2024. Instant Motion Plaintiff now moves this court, per Code of Civil Procedure § 2031.310, for an order compelling Defendant GM to make further responses to his Request for Production of Documents, Set No. One (“RFP”). Decision The motion is DENIED, without prejudice to a new motion filed after a proper attempt to meet and confer and (if necessary) an Informal Discovery C...

Excerpt: ... of Civil Code § 1950.5 against Defendants Bernardina L. Herrera (“Herrera”) and DOES 1-100. Jury Trial is currently set for March 25, 2024. (1) Demurrers Defendant Herrera now demurs to the entire complaint on the grounds that it fails to state facts sufficient to support any cause of action and is uncertain. Decision The demurrer to the first and third causes of action is SUSTAINED, with 20 days leave to amend. The demurrer to the second, ...

Excerpt: ...ture Arts & Sciences (“Academy”) and DOES 1-50. On April 13, 2021, Defendant Academy filed its Answer. On April 19, 2021, Plaintiff filed an “Amendment to Complaint” substituting Defendant The Vine Street Archive Foundation (“Archive”) in lieu of DOE 1. On April 26, 2021, Defendant Archive filed its Answer. On June 13, 2022, Judge Michael E. Whitaker determined that the case was “complicated” and it was assigned to this department...

Excerpt: ...nt, (6) Civil Extortion, and (7) Libel against Defendants Madeline Isabel Cordoba (“Cordoba”), Justin Daily (“Daily”), Reed Aljian (“Aljian”), and Daily Aljian LLP (“Firm”). [1] The first five causes of action are asserted against Defendant Cordoba only. The last two causes of action are asserted against the Attorney Defendants only. On December 14, 2022, Defendant Cordoba filed her Answer. On February 28, 2023, this court granted...

Excerpt: ... Distress (“IIED”), (6) Harassment, (7) Failure to Prevent, (8) Violation of Article I, section 3 of the California Constitution, (9) Violation of Education Code § 44031, and (10) Breach of Contract against Defendants Los Angeles Unified School District (“District”) and DOES 1-50. On February 14, 2023, pursuant to a peremptory challenge filed by Defendant District, the case was reassigned to this department. On August 8, 2023, this court...

Excerpt: ...ime in litigation. On July 25, 2023, this court called the case management conference and the OSC re: dismissal. Defendants Fede and Figueroa appeared in person, as it was their understanding that physical appearances had been ordered by the court. Plaintiff's counsel appeared telephonically. At the hearing, Plaintiff's counsel represented that Defendant Vogel now lives abroad, in Germany. Plaintiff's counsel observed that, due to the cumbersome ...

Excerpt: ...t within 10 days. Governing Standard Code of Civil Procedure § 1285 provides that “[a]ny party to an arbitration in which an award has been made may petition the court to…correct or vacate the award.” Code of Civil Procedure § 1285.2 permits the responding party to request that the court confirm the award instead. There is no need for multiple hearings; the court may confirm, vacate, or correct the award via this single proceeding. Code o...

Excerpt: ...(2001) 87 Cal.App.4 th 299, 307-308: “Courts faced with a civil defendant who is exposed to a related criminal prosecution have responded with various procedural solutions designed to fairly balance the interests of the parties and the judicial system. Accommodation of the various interests, however, is usually made to a defendant in a civil action from the standpoint of fairness, not from any constitutional right. Courts that are confronted wi...

Excerpt: ... am. Plaintiff Shari Edwards may file a supplemental brief responding simultaneously to (a) Defendant's supplemental brief of December 1, 2023, and (b) the court's OSC. That brief is due on or before December 20, 2023. Defendant may file a supplemental reply on or before January 2, 2023. Governing Statute Code of Civil Procedure § 2033.280 provides in relevant part as follows: “If a party to whom requests for admission are directed fails to se...

Excerpt: ...on terms, may make a subsequent application for the same order upon new or different facts, circumstances, or law, in which case it shall be shown by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown. For a failure to comply with this subdivision, any order made on a subsequent application may be revoked or set aside...

Excerpt: ... Procedure § 2031.310 provides in relevant part as follows: “(a) On receipt of a response to a demand for inspection, copying, testing, or sampling, the demanding party may move for an order compelling further response to the demand if the demanding party deems that any of the following apply: (1) A statement of compliance with the demand is incomplete. (2) A representation of inability to comply is inadequate, incomplete, or evasive. (3) An o...

Excerpt: ... appears by the complaint that the plaintiff is entitled to the relief demanded, and the relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually. (2) When it appears by the complaint or affidavits that the commission or continuance of some act during the litigation would produce waste, or great or irreparable injury, to a party to the action. (3) When ...

Excerpt: ...023, with leave given to amend. Plaintiff did not timely amend. Defendant Golden Valley brought an ex parte application to dismiss, as permitted by Code of Civil Procedure § 581(f)(2) and California Rules of Court Rule 3.1320(h). This court granted Plaintiff one extension of time to amend. Plaintiff filed his First Amended Complaint on May 17, 2023, the last day of the extension. Defendant Golden Valley demurred. Plaintiff opposed. On August 2, ...

Excerpt: ...1995) 31 Cal.App.4 th 1023, 1028. They must also allege that they were the express target of the Defendant's behavior, or that under the circumstances, the Defendant must have been aware that his actions would harm them specifically. See Christensen v. Superior Court (1991) 54 Cal.3d 868, 903. Defendant Doe 2 is identified as the local chapter of a national mentorship program. (Complaint ¶ 7). This cause of action is pled at paragraphs 107-112 o...

Excerpt: ...fees of $21,452.00 and costs of $1,038.00. Governing Standard “In determining the amount of reasonable attorney fees to be awarded under a statutory attorney fees provision, the trial court begins by calculating the ‘lodestar' amount…[t]he ‘lodestar' is ‘the number of hours reasonably expended multiplied by the reasonable hourly rate.' (Citation.) To determine the reasonable hourly rate, the court looks to the ‘hourly rate prevailing ...

Excerpt: ... of the arbitration process should a dispute arise to permit for an efficient process of resolving disputes at the election of the parties. This process permits the Employee to submit disputes that cannot ro have not been resolved to a Neutral Arbitrator…Employees are free to have legal (attorney) representation at any time during arbitration or represent themselves. Arbitration is an election and not mandatory. I, as an MHF & AMMD employee, ag...

Excerpt: ...tlement between Defendant F&M and Plaintiff was entered into in good faith within the meaning of Code of Civil Procedure §§ 877 and 877.6. The remaining requests are DENIED, without prejudice to any future motion in any other proceeding. Governing Standard Code of Civil Procedure § 877.6 provides, in relevant part: (a)(1) Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract d...

Excerpt: ...lien rights to contractors, material suppliers, equipment lessors, laborers, and design professionals, among others, who do authorized works of improvement on property. The lien may only be enforced if the claimant gives preliminary notice, unless the claimant is a laborer or has a direct contractual relationship with the owner. Civil Code §§ 8200, 8410. A claimant has 90 days after the completion of a contract to record a lien. Civil Code § 8...

Excerpt: ...lien rights to contractors, material suppliers, equipment lessors, laborers, and design professionals, among others, who do authorized works of improvement on property. The lien may only be enforced if the claimant gives preliminary notice, unless the claimant is a laborer or has a direct contractual relationship with the owner. Civil Code §§ 8200, 8410. A claimant has 90 days after the completion of a contract to record a lien. Civil Code § 8...

Excerpt: ...surance Company (“Integon”), Strong Tie Insurance Services, Inc. (“Strong Tie”), Gustavo Alejandro Baltazar, (“Baltazar”), Efrain Hector Ferrer (“Ferrer”), and DOES 1-25. The first two causes of action are asserted against Defendants National General and Integon. The third cause of action is asserted against Defendants Strong Tie, Baltazar, and Ferrer. On November 9, 2022, Defendants Strong Tie, Baltazar, and Ferrer were served wi...

Excerpt: ...inium Association (“HOA”), Donald Alan Zambos (“Zambos”), and DOES 1-10. On February 19, 2020, Defendant HOA filed its Answer. On August 6, 2020, Defendant Zambos filed his Answer. On February 5, 2021, Plaintiff Ivry filed an “Amendment to Complaint” substituting Defendant Metal Supply, LLC (“Metal Supply”) in lieu of DOE 1. On September 1, 2022, Plaintiff Ivry filed two “Amendments to Complaint” substituting Defendants Cardos...

Excerpt: ... Answer. On July 28, 2023, this court granted summary adjudication in favor of Defendant KAN as to the fifth cause of action. Jury trial is currently set for October 23, 2023. Instant Motion Plaintiff now moves this court for reconsideration of the ruling on the motion for summary adjudication. Decision The motion is DENIED. Standard of Review Code of Civil Procedure § 1008 states in pertinent part as follows: “(a) When an application for an o...

Excerpt: ...gh continuances are “disfavored,” requests should be considered on an individual basis. That subsection also includes a non-exhaustive list of possible grounds for a continuance. Defendants make their motion under the auspices of Rule 3.1332(c)(1)-(3) and (7). Rules 3.1332(c)(1)-(3) provide for a continuance if an expert witness, party, or counsel, is unavailable due to “death, illness, or other excusable circumstances.” Rule 3.1332(c)(7)...

Excerpt: ...f Civil Procedure, if all of the following conditions exist prior to the landlord's demand or notice: (1) The dwelling substantially lacks any of the affirmative standard characteristics listed in Section 1941.1 or violates Section 17920.10 of the Health and Safety Code, or is deemed and declared substandard as set forth in Section 17920.3 of the Health and Safety Code because conditions listed in that section exist to an extent that endangers th...

Excerpt: ...ke and is GRANTED, without prejudice to a future motion to amend pursuant to Code of Civil Procedure § 425.14. Eighth Cause of Action: Defamation The elements of a defamation claim, whether classed as slander (spoken) or libel (written), are (1) intentional (2) publication of (3) a statement of fact that (4) is false, (5) is not privileged, and (6) has a natural tendency to injure or which causes special damage. Smith v. Maldonado (1999) 72 Cal....

Excerpt: ...ys leave to amend to allege the facts which would support a constructive trust in connection with some other cause of action. The demurrer to the fifth cause of action is SUSTAINED, without leave to amend. First Cause of Action: Rescission (Fraud) Although rescission is a contract claim (see Civil Code §§ 1688-1689), where it is based on fraud, plaintiff must plead all the elements of that tort. Reed v. King (1983) 154 Cal.App.3d 261, 264. Thos...

Excerpt: ...m the complaint With prejudice at Plaintiffs request Station Lot filed its answer on December 19, 2019, along with a Cross-Complaint against Cross- Defendants City, County, and John Roe. The County answered the Cross-Complaint on January 6, 2020. The Counvwas later dismissed with prejudice from the Cross-Complaint at Station Lot's request. On November 4, 2022, the Civ filed an answer. On October 12, 2021, Plaintiff filed the First Amended Complam...

Excerpt: ...ed Complaint to be heard on June 1 : 2023 _ On May 24: 2023: Defendants filed an opposition. Trial is currently scheduled for November 1 : 2023. PARTIES' REQUESTS Plaintiff requests to file and serve the proposed First Amended Complaint. Defendants request that the Court not allow leave to add a punitive damages claim. LEGAL STANDARD Code of Civil Procedure section 473, subdivision (a)(l) states: "The court may: in furtherance of justice: and on ...