Excerpt: ... “Failure to timely respond to RFA does not result in automatic admissions. Rather, the propounder of the RFA must ‘move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction' under § 2023.010 et seq.” (CCP, § 2033.280(b).) The court “shall” grant the motion to deem RFA admitted, “unless it finds that the party to whom the requ...

Excerpt: ...laint alleges race discrimination, disability discrimination, racial harassment, disability harassment, retaliation under Fair Employment and Housing Act (FEHA), failure to prevent harassment, discrimination, harassment, or retaliation, retaliation under Labor Code section 1102.5, constructive discharge in violation of public policy, violation of Civil Code section 43, intentional infliction of emotional distress, failure to provide reasonable ac...

Excerpt: ...alleges that Plaintiff Samuel Sanchez (Plaintiff) was injured by the negligent operation of a motor vehicle by Defendants Nicholas Tran, Cuong Tran, Miguel Gonzalez. (Complaint at p. 4.) Defendants Nicholas Tran and Cuong Tran filed a cross -complaint for indemnity and apportionment of fault against Defendant Gonzalez (“Gonzalez”) on August 10, 2023. Gonzalez filed an answer to the Complaint on September 12, 2023, and an answer to the cross- ...

Excerpt: ...mer (Plaintiffs) are police officers for the City of Pomona, who were retaliated against by their superiors following i ndictments for use of excessive force, notwithstanding later being acquitted of these charges. The Complaint was filed on May 8, 2020. A demurrer was sustained with leave to amend as to the original complaint on October 15, 2020, and the FAC was filed on October 30, 2020, alleging four causes of action: 1. Retaliation (Lab. Code...

Excerpt: ...ch 15, 2024, Plaintiff filed her Motion for Preliminary Injunction (“Motion”). In support Motion, Plaintiff concurrently filed: (1) Declaration of Nanette K. Kinkade; (2) Declaration of Harry Sandick; and (3) Proposed Order. On March 18, 2024 Plaintiff filed her Proof of Service. On March 20, 2024, Plaintiff filed her Notice of Lodging of Thumb Drive and Proof of Service Thereto. On April 12, 2024, Defendant filed its Opposition to Plaintiffs...

Excerpt: ...ry 21, 2019, Plaintiff was invited onto Defendants' property…. [¶] Defendants… negligently installed and/or maintained the floor of the second story of Defendants' building, leaving the fl oor of the second story to be unsecure and too unsafe to walk on, so as to create a hazardous and dangerous condition. [¶] The hazardous and dangerous condition posed by second story floor was known, or in the exercise of ordinary and reasonable care woul...

Excerpt: ...nd Romaine Kirlew for injuries arising from an automobile collision. On February 26, 2024, the Court granted Plaintiff's motion to compel further, and ordered Hertz to serve further responses to Plaintiff's request for production of documents, set one, as to request nos. 5 and 7. (Min. Order, Feb. 26, 2024.) Further, the Co urt granted Plaintiff's request for sanctions and ordered Hertz and/or its counsel, jointly and severally, to pay Plaintiff ...

Excerpt: ... the interest of efficiency and justice. Every court has the “inherent power, in its discretion, to stay proceedings when such a stay will accommodate the ends of justice.” See St. Paul Fire and Marine Ins. Co. v. AmerisourceBergen Corp. (2022) 80 Cal.App.5th 1, 6- 7. Courts are empowered to “provide for the orderly conduct of proceedings before it.” C.C.P. §128(a)(3); see C.C.P. §187 [conferring on courts and judicial officers “all t...

Excerpt: ... in the collision, which occurred on 4/02/21. Rodrigo suffered damages as a result of the acciden t, and is involved in companion litigation against the Gonzalezes to recover for those injuries. Plaintiff seeks a declaration that there is no coverage under the policy. It seeks the declaration on two grounds. First, it contends the Gonzalezes did not disclose the subject accident, which had already occurred, when it added the Navigator to the pol ...

Excerpt: ...n for summary adjudication is MOOT in light of the ruling on the motion for summary judgment. BACKGROUND On April 12, 2023, plaintiff American Express National Bank filed a complaint against defendant Joel Portillo for common counts (open book account and account stated). On July 25, 2023, a default was entered against defendant. On August 30, 2023, a default judgment was entered. On August 30, 2023, the parties stipulated and the court ordered t...

Excerpt: ...ed the moving papers, opposition papers, supplemental opposition, and reply papers. The court CONTINUES Defendant Derek Keane's Motion for Summary Judgment pursuant to Code of Civil Procedure § 437c(h) to May 31, 2024 in order to accommodate the taking of Keane's deposition. Plaintiff is permitted to submit its supplemental opposition papers on or before May 17, 2024. Keane is permitted to file a supplemental reply on or before May 27, 2024. Bac...

Excerpt: ...ing summary judgment in favor of Plaintiff and against Defendants Min Yi Jiang and Sung Ho Suh as to Plaintiff's two causes of action for Breach of Promissory Note and Declaratory Relief on the grounds that there are no triable issues of material fact. BACKGROUND This case arises out of Plaintiff Nengde Xu's (“Plaintiff”) claim that Defendants Sung Ho Suh (‘Suh”) and Min Yu Jiang (“Jiang”) (collectively “Defendants”) failed to rep...

Excerpt: ...David Wu Defendant's Motion for Summary Judgment or in the Alternative, Summary Adjudication The Court considered the moving papers, opposition, and reply. Defendants' Motion for Summary Judgment or in the Alternative, Summary Adjudication is GRANTED in part and DENIED in part. The Motion is granted as to the eleventh, twelfth, thirteenth, sixteenth, and seventeenth causes of action as against Chef on Fire, LLC. The Motion is denied as to the fir...

Excerpt: ... LLC RESPONDING PARTY: Plaintiff Sharleyne Martin, on behalf of all aggrieved employees Motion to Compel Individual Arbitration and to Dismiss Action The court considered the moving, opposition, and reply papers filed in connection with this motion. REQUEST FOR JUDICIAL NOTICE The court denies defendant The Ritz- Carlton Hotel Company, LLC's request for judicial notice of various unpublished superior court orders. (Cal. Rules of Ct., rule 8.1115....

Excerpt: ...opposition papers and the replies. BACKGROUND Plaintiff Ted Waitt, Trustee of the Nightingale Trust dated November 1, 2007 filed this construction defect action on June 29, 2021. Plaintiff alleges: (1) breach of contract; (2) negligence; (3) professional negligence; (4) strict products liability; (5) breach of express warranty; (6) breach of implied warranty (merchantability); (7) breach of implied warranty (fitness); and (8) decla ratory relief....

Excerpt: ... to terminate Plaintiff for making various complaints to Human Resources (HR) about workplace harassment. On March 25, 2021, Plaintiff filed suit for: 1. Wrongful Termination in Violation of Public Policy 2. Breach Of Contract and Covenant of Good Faith and Fair Dealing 3. Retaliation In Violation of Labor Code §§ 98.6 & 1102.5 On July 26, 2022, Defendant filed an MSJ. The hearing was on 6/20/23, after which the court took the MSJ under submiss...

Excerpt: ...a, signed an arbitration agreement, and the agreement governs this action and must be enforced. Plaintiff opposes the motion, contending (a) Defendant waived its right to move to compel arbitration, and (b) Defendant failed to provide admissible evidence of the existence of the agreement and the signature on the agreement. b. Authentication of Agreement Defendant purports to authenticate the agreement through the Declaration of Roxanne Reyna, who...

Excerpt: ...XUAL HARASSMENT AND DISCRIMINATION AND GRANTED AS TO THE REMAINING CLAIMS. THE ACTION IS STAYED. DEFENDANT TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self -represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, reply, and supplemental stipulation. BACKGROUND On September 14, 2023, Plainti...

Excerpt: ...ATIVE RULING Driftwood Healthcare & Wellness Center, LLC (erroneously sued as Driftwood Healthcare & Rehabilitation Center LLC) and Citrus Wellness Center, LLC's Motion to Compel Arbitration and Stay Proceedings is denied. Background Plaintiffs filed their Complaint on April 19, 2023. Plaintiffs allege the following facts. Plaintiffs' decedent died while a patient of Defendants. Plaintiffs set forth the following causes of action: 1. Negligence 2...

Excerpt: ...) arising from alleged childhood sexual abuse perpetrated against Plaintiff by a teacher at a school owned by Defendant. Defendant served a demand for a physical exam of Plaintiff pursuant to Code of Civil Procedure Section 2032.220 and Plaintiff served an objection to the demand, stating that Plaintiff refused to submit to the exam. Defendant now moves for an order compelli ng Plaintiff to submit to the physical exam as stated in the demand. Def...

Excerpt: ...OVING PARTY: Plaintiff Sorush Sharif (“Plaintiff”) RESPONDING PARTY: Defendant Santa Monica BMW (“Defendant”) NOTICE: OK¿¿ RELIEF REQUESTED: An order from this Court to compel the attendance of Defendant's Person Most Knowledgeable and production of documents, and to impose monetary sanctions against Defendant and its attorney of record in the amount of $3,554.01. TENTATIVE RULING: The motion is GRANTED IN PART. The Request for Monetary...

Excerpt: ... second day of her deposition on 2/26/24. The deposition was not complete, but Plaintiff left the deposition, stating Defense Counsel was being abusive and she would only complete her deposition if the Court issued an order compelling her to do so. Defendant moves to compel Plaintiff to attend and complete her deposition. CCP §2025.450(a) permits the party who propounded a notice of deposition to move to compel the deposition to go forward if th...

Excerpt: ...tiff's Form Interrogatories (“FROG”), Set Four; Special Interrogatories (“SROG”), Set Five; and Requests for Production of Documents (“RFP”), Set Four Plaintiff also seeks over $18,000 ($6,600 per motion) in sanctions against Defendant and its attorneys. The Court DENIES Plaintiff's motions. Background Plaintiff filed this action on September 8, 2022 against Defendant, her former employer, alleging (1) discrimination under FEHA; (2) r...

Excerpt: ...Set One) The court has considered the moving papers, opposition, and reply. The court DENIES defendant Robert O'Neill's motion to compel further responses to Special Interrogatories (Set One). The court DENIES defendant Robert O'Neill's request for monetary sanctions for his motion to compel further responses to Special Interrogatories (Set One). Background Plaintiff CR&R, Incorporated filed this action on March 2, 2022 against defendant Robert O...

Excerpt: ...eo), as lessor, and Defendants Arts District Patient Collective, Inc. (ADPC) and James Shaw (Shaw), as lessees, entered into a lease on April 4, 2018, for the Subject Premises. (Compl. ¶ 11.) On June 14, 2018, the lease was amended pursuant to a second Amendment to Lease. (Compl. ¶ 12.) Plaintiff performed its obligations under the lease, but Defendants breached the lease and have failed to pay various amounts owed under the lease in the amount...