Excerpt: ... that are offered on the websites. Plaintiffs assert that the Defendants' maintenance of their websites in this way violates California's Unruh Civil Act (“UCRA”) in two ways. First, Plaintiffs claim that the Defendant has intentionally violated the UCRA because it knowingly maintains its websites in a form that is inaccessible to blind individuals and has failed to take adequate corrective measures to eliminate the barriers that the websites...

Excerpt: ...lous motion. The pending motion is itself frivolous too, and this Court is denying it. Because the pending motion is frivolous, it too is sanctionable through a monetary penalty, just like the prior motion that was the subject of the sanctions order that Plaintiffs seek to vacate in the pending motion. The Court thus anticipates that SGVMC will file another motion to impose monetary sanctions against the Plaintiffs. The prospect of another sancti...

Excerpt: ...nder the Song-Beverly Consumer Warranty Act (“Song-Beverly Act”) and the fifth cause of action for fraudulent inducement - concealment. Kia also has moved to strike the TAC's requests for civil penalties and punitive damages and the allegations in the TAC on which those requests are based. The Court's ruling is as follows. The demurrer is sustained without leave to amend as to both the fourth and fifth cause of action on statute of limitation...

Excerpt: ...e. Demurrer The demurrer is sustained with leave to amend as to the first cause of action for constructive eviction and third cause of action for breach of the covenant of quiet enjoyment. The remedy applicable to both of those causes of action is relief of tenant's obligation to pay rent for the period of the constructive eviction and breach of the covenant of quiet enjoyment. It is uncertain from the FAC whether Montgomery continued to pay rent...

Excerpt: ...es of action are for (1) sexual orientation harassment in violation of Cal. Government Code § 12940 et seq. , the Fair Employment and Housing Act (“FEHA”) against all Defendants; (2) sexual orientation discrimination in violation of FEHA, Cal. Government Code § 12940 et seq., against SDI and GGW (collectively, the “Entity Defendants”). (3) failure to take all reasonable steps to prevent harassment, discrimination, and retaliation in vio...

Excerpt: ...ive, LLC (“Interactive”) took over Holdings' payment obligations under the Agreement at some point after October 15, 2021 following the purchase by Interactive of all of Holdings' equity in three direct mail marketing companies that are listed by name in the Complaint (“the Previously Owned Companies”). (Id., ¶ 27, 29.) The Complaint states that, on or about May 6, 2022, VXI received a written notice of termination of the Agreement from ...

Excerpt: ...llenging the propriety of his termination from Economou's laboratory. Jazirhei's current operative pleading is his Second Amended Complaint (“SAC”). The first cause of action in the SAC is for whistleblower retaliation in violation of Labor Code section 1102.5. The Court previously granted the Regents' motion for summary adjudication as to that cause of action. Pending before the Court is the Regents' demurrer to the remaining five causes of ...

Excerpt: ...h Defendant Carolwood Homeowners Association (“Carolwood HOA”). The Court is overruling the demurrer as to both causes of action. As to the UCL cause action, contrary to GWE's argument in the demurrer, the Plaintiffs have standing under the UCL. Plaintiffs' complaint contains sufficient allegations establishing that they were harmed by unfair business practices of GWE. In turn, the complaint also contains sufficient allegations to establish t...