Excerpt: ...istake, inadvertence, surprise, or excusable neglect. Application for this r elief…shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken…Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's swor...

Excerpt: ...a. 42 and Para. 3 of the Prayer. I. DEMURRER 1st cause of action: Gender/Pregnancy Dis crimination (vs. EWL) A prima facie case for a discrimination requires a showing by the plaintiff of the following elements: (1) that he or she was a member of a protected class; (2) that he or she was qualified for the position he or she sought or that he or she was performing competently in the position he or she held; (3) that he or she suffered an adverse ...

Excerpt: ... records. (See Evid. Code, § 452, subd. (d).) Attorney Tony Wong of Wong & Associates Lawyers are ORDERED to produce to Plaintiff Wei He, Plaintiff Xizoning Ren, Plaintiff Yueli Zhao, and Defendant Qiaoyun Zhang any retainer agreement(s) between himself and/or Wong & Associates, on the one hand, a nd Plaintiff Wei He, Plaintiff Xizoning Ren, Plaintiff Yueli Zhao, Defendant Qiaoyun Zhang, Neede Education Investment Management, Inc., and/or Irvine...

Excerpt: ...Defendant Smith Investment Group, LLC. (¶4 of Yun Declaration and E xhibit 2 thereto.) The Commercial Guarantee is a written contract which provides that “Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower [Smith Investment Group, LLC] to Lender [F irst Bank].” (Id.) Based on the above, the relevant claim is a “claim for money based on a contract,” as required. C...

Excerpt: ...f action. Plaintiff sues Defendants for (1) actual fraud, (2) fraud in the inducement, (3) breach of contract, (4) breach of the implied covenant of good faith and fair dealing, (5) breach of implied in fact contract, (6) work, labor, and services rendered, (7) recovery of stolen property received pursuant to Penal Code § 496, (8) intentional interference with contractual relations, (9) intentional interference with prospective economic relation...

Excerpt: ...ssica J. Gallardo Celis. Standard for Demurrer A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404- 05.) For this reason, the court will not decide questions of fact on demurrer. (See Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) ...

Excerpt: ... (which includes exhibits attached and incorporated therein) or from matters outside t he pleading which are judicially noticeable under Evidence Code §§ 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to inform the defendant of what plaintiff is complaining, and what remedies are being sought. (L...

Excerpt: ...toppel; and (2) Plaintiff failed to exhaust administrative remedies. (Defense Supplemental Brief: 2:17 -21.) While Defendant does not include an additional request for judicial notice, which addresses the resolution of this appeal, a copy of the relevant opinion is attached to a Notice of Ruling which was filed by Defendant on Augus t 15, 2023. (ROA No. 147.) The Court takes judicial notice of this opinion, pursuant to Evidence Code section 452,...

Excerpt: ...y Patrol. 181 Cal. App. 4th 856, 868 (2010) (c itation omitted). Defendant Kenneally contends that the Complaint does not allege that he disclosed facts to the public, but rather that he only disclosed them to Defendant Ladd. Kenneally also contends that the facts disclosed were not private facts since the information was found in records that can be obtained by members of the public pursuant to Govt. Code § 6254. In opposition, Plaintiff conten...

Excerpt: ...in connection with a Motion for Summary Judgment (¶23, ¶24, ¶28, ¶30, ¶31, ¶32, ¶34, ¶35, ¶39, ¶40, ¶41, ¶43, ¶44- ¶83, ¶85-¶97 and ¶99 -¶103 of SAC) and Declarations filed in support of Plaintiff's Ex Parte Application for a TRO. (¶30, ¶31, ¶32, ¶33 and ¶36 of SAC.) As a demurrer assumes the truth of factual allegations (Blank v. Kirwan ( 1985) 39 Cal.3d 311, 318), Plaintiffs' intention in offering these citations is uncl...

Excerpt: ...n 1: Sanctions Motion by Defenda nts Defendants' request for sanctions under Code of Civil Procedure section 128.7 is DENIED because Defendants failed to comply with the safe harbor requirements. Section 128.7, subdivision (c)(1) requires notice of motion to be served as provided in Sect ion 1010, but shall not be filed or presented to the court unless, within 21 days after service of the motion the challenged paper is not withdrawn. Section 101...

Excerpt: ...mjula”) and non -party Tulsan Partners LLC (“Tulsan”), and compelling third- party witness, Ump qua Bank to comply with Strategic's deposition subpoena for production of business records, issued November 3, 2023. The Motion to Compel is DENIED except as to Request Nos. 9 and 13. Plaintiff Strategic and Cross -Defendants, Farshad Hashemi aka Sean Hashemi and Jeanette Hashemi (collectively, the “Sellers”) were the sellers of the assets an...

Excerpt: ...D to file this ruling in each of the above cases. Defendant, Cross -Complainant, and CrossDefendant Jennifer Landsman (Defendant Landsman) moves to consolidate the following cases: 1) Rangel v. Landsman (Case Number 30 - 2022- 01252534); 2) State Farm Mutual Automobile Insurance Company v. Landsman (Case Number 30-2022- 01259393); and 3) Nielsen v. Landsman (Case Number 302022- 01291747). Standard to Consolidate “When actions involving a commo...

Excerpt: ... third causes of action in the F AC. For the reasons set forth below, both motions are DENIED. Because the motions and oppositions raise essentially the same arguments, involve very similar evidence, and are directed to the same pleading, the court will discuss both motions together. Th e party moving for summary judgment “bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fa...

Excerpt: ... by Plaintiff Yenely Lopez are MOOT in part and GRANTED in part. (1) Plai ntiff seeks an order from the Court compelling Defendant Home Express Delivery Service, LLC to provide further responses to Form Interrogatories -General, Set One. Additionally, Plaintiff seeks monetary sanctions against Defendant and its attorneys of reco rd, Shannon Finley, esq., Greg Feldman, Esq. and PETTIT KOHN jointly and severally in the sum of $2,060.00. (ROA No. 47...

Excerpt: ...022- 01291747). The court clerk is ORDERED to file this ruling in each of the above cases. Defendant, Cross -Complainant, and CrossDefendant Jennifer Landsman (Defendant Landsman) moves to consolidate the following cases: 1) Rangel v. Landsman (Case Number 30 - 2022- 01252534); 2) State Farm Mutual Automobile Insurance Company v. Landsman (Case Number 30-2022- 01259393); and 3) Nielsen v. Landsman (Case Number 302022- 01291747). Standard to Cons...

Excerpt: ... treat a motion by the nature of the relief sought rather than the title given. (See Sole Energy Co. v. Petrominerals Corp. (2005) 128 Cal.App.4th 187, 193.) In addition, when the Court continued the trial date on 1/17/24, it stated in its order, “[t]he Court does NOT extend any discovery or motion deadlines other than deadlines associated with the motion to compel independent medical examination.” (ROA 400.) Based on this, Plaintiff's argume...

Excerpt: ...th Edon who is a “Manager, HR Operations” for ELEVANCE “(f/k/ a Anthem, Inc.)” who attests as follows: --In her role as Manager, HR Operations, she is responsible for managing technology processes for all new hire activities from the verbal and written offer through their start date; --Throughout he employment and i ncluding 2022 to the present, ELEVANCE has utilized an online applicant tracking system called “Taleo” to facilitate emp...

Excerpt: ... and 14- 16. With respect to the evidentiary objection numbers 2- 3, 5, 6, 7, 11-12, and 14- 16, Defendant Newport Mesa Unified School District did not quote the portions of the evidence to which it was objects but did provide a brief description of what it found to be objectionable. (See Cal. Rules of Ct., rule 3.1354(b).) Based on the limited des cription, the court sustains these objections only to the extent that they seek to challenge evide...

Excerpt: ...so should provide a red -lined version of any revised papers, inc luding the class notice. Counsel also should provide the court with an explanation of how the pending issues were resolved, with references to any corrections to the settlement agreement and the class notice, rather than with just a supplemental declarati on or brief that simply asserts the issues have been resolved. The moving papers do not include a copy of the letter that was se...

Excerpt: ... can be clarified under modern dis covery procedures.” (Ibid.) 1st cause of action, trespass. The complaint states facts sufficient to state this cause of action. “‘The essence of the cause of action for trespass is an ‘unauthorized entry' onto the land of another . . . . regardless of the actor's motivation.'” (Hensley v. San Diego Gas & Electric Co. (2017) 7 Cal.App.5th 1337, 1355.) Here, the complaint alleges the subsidence of d...

Excerpt: ...does not know” why her employment was terminated. However, paragraph 36 of the complaint alleg es, “Plaintiff is informed and believes and thereon alleges that her race and/or national origin and her complaint about discrimination and harassment due to race were substantial, motivating and/or determining factors in the discriminatory treatment Defen dant subjected her to, including the termination of her employment.” Plaintiff also alleges ...

Excerpt: ..., ¶¶ 5, 6.) Defendant contends Plaintiff fails to allege compliance with paragrap h 15 of the contract, which requires the parties to attend mediation before initiating a lawsuit. However, paragraphs 11 -17 of the FAC allege Plaintiff asked Defendant to attend mediation and proposed a tolling agreement, and Plaintiff filed suit to preser ve its claims when Defendant did not promptly agree. Plaintiff has adequately alleged an attempt to comply ...

Excerpt: ...ed, a redline version showing all changes, deletions and additions must be submitted as well. In addition, Plaintiff must provide proof of service of any revised settlement agreement and supplemental papers on the LWDA. 1. In a supplemental declaration, Plaintiffs' counsel Millay Kogan states tha t no depositions were taken. But the prior declaration of Plaintiffs' counsel Vincent Granberry says Plaintiffs' depositions were taken. (ROA 131, ¶ 12...

Excerpt: ...hours on this case. Objector Andrew Mapes' Objection to Settleme nt is overruled. Plaintiff has adequately explained the large increase in the number of class members, and has justified the gross settlement amount remaining unchanged. Objector argues that plaintiff failed to provide sufficient information for the cour t to evaluate the validity of the Pick Up Stix settlements in this case. Objector concedes there is no controlling authority perm...

Excerpt: ...is GRANTED. The Reeds are ordered to file and serve t he FAXC (Rubin Decl., Ex. A) by March 22, 2023. The Court finds no prejudice will result from consideration of Azadian's untimely opposition. GROUNDS FOR RULING A court “may, in the furtherance of justice . . . allow a party to amend any pleading.” (CCP § 473(a)(1).) “[C]ourts are bound to apply a policy of great liberality in permitting amendments to the complaint at any stage of the...

Excerpt: ...edline showing all changes, deletions and additions must be submitted as well. In addition, please provide proof of service of any revised agreement on the LWDA. As to the Settlement: 1. Please provide copies of all PAGA notice letters sent by Plaintiff to the LWDA. 2. Per a notice of related cases, there are two cases in Los Angeles titled Garibaldo vs. Ware Disposal, Inc. that are related to this matter. How will this settlement affect the Gari...

Excerpt: ...fendant's motion to stay proceedings pending the outcome of the arbitration of plaintiff Piplack's individual PAGA claim. Defendant's Objections to the Robinson Declaration are sustained as to #6, and overruled as to #1 - 5 and 7- 11. Defendant's Objections to the Sherrod Declaration are sustained as to #1 -3, and o verruled as to #4. Defendant's Request for Judicial Notice is denied as irrelevant. Zucchet v. Galardi (2014) 229 Cal. App. 4th 1466...

Excerpt: ...RA cap for non -economic damages;” and (2) “ Defendant, FIRST LIGHT RECOVERY, LLC (First Light) is not a health care provider, contrary to what is asserted by the First Light in their Eleventh Affirmative Defense in their Answer to Plaintiff's First Amended Complaint, thus, First Light would not be s hielded by the $250,000 MICRA cap for non -economic damages”. (Not. of Motion, p. 2, lines 7 -16, emphasis added.) Defendant argues that the i...

Excerpt: ...ogatory No. 12.1 and Special Interrogatory No. 18 are evasive and incomplete. Code of Civil Procedure section 2030.220(a) requires that “[e]ach answer in a response to interrogatories shall be as complete and straightforward as the information reasonably available to the responding party permits. ( Code Civ. Proc., § 2030.220(a).) GM, who failed to respond to these motions regarding interrogatories, failed to meet its burden to justify the obj...

Excerpt: ... responses were provided on 03 -08- 23. (Mem. at 3.) Accordingly , as Defendant Home Depot points out, Plaintiff has relied upon the incorrect statutory provision (CCP § 2030.290), as what this motion actually seeks is to compel further responses pursuant to CCP § 2030.300. Plaintiff failed to comply with the statutor y requirements for seeking further responses. Motion related to Special Interrogatories Plaintiff's Motion to Compel The Home De...

Excerpt: ...d on Defendant Beverly Mitchell; Request for Monetary Sanctions Against Beverly Mitchell in the Amount of $1,560.00 ROA 832 3. Plaintiff Zenith Insurance Company's Notice of Motion and Motion to Compel Responses to Requests for Productions, Set One Propounded on Defendant Beverly Mitchell; Request for Monetary Sanctions A gainst Def endant Beverly Mitchell in the Amount of $1,560.00 ROA 833 Zenith Insurance Company has filed three motions co...

Excerpt: ...ave standing to bring this motion, let a lone adequate grounds for disqualification of plaintiff's counsel as class counsel in this action. Standing generally requires that the party be able to allege an invasion of a legally protected interest. Great Lakes Construction, Inc. v. Burman (2010) 1 86 Cal. App. 4th 1347, 1356. Generally, before the disqualification of an attorney is proper, the complaining party must have or have had an attorney -c...

Excerpt: ...notice of continuance of Plaintiff's deposition; (6) notice of taking Plaintiff's deposition off calendar ; (7) proposed order granting motion to compel further responses to demands for inspection of documents; (8) proposed order granting motion to compel further responses to form interrogatories; (9) proposed order granting motion to compel further responses to special interrogatories; (10) statement of special interrogatories; (11) statement of...

Excerpt: ...r any applicable statute. (Crestwood Behavioral Health, Inc. v. Superior Court (2021) 60 Cal.App.5th 1069, 1075.) “Venue is determined based on the complaint on file at the time the motion to change venue is made.” (Brown v. Superior Court (1984) 37 Cal.3d 477, 482; Malloy v. Superior Court (2022) 83 Cal.App.5th 543, 553.) Code of Civil Procedure section 395, subdivision (a) sets forth the general venue rule. It states in relevant part: “E...

Excerpt: ...e is also a judgment against the general partner.” (Corp. Code, § 15904.05, subd. (b); accord Wyo. Stat. Ann. § 17 -21 -307, subd. (c).) Even “[w]here a judgment has been obtained against both the partnership and a general partner, the judgment creditor may not levy against the general partner's assets based on a claim against the partnership unless the general partner is personally liable for the claim” and at least one of several speci�...

Excerpt: ... “What are the last four digits of your Social Security number?” Ob jections: “Irrelevant and not discoverable, and instruct Ms. Mora not to answer.” Ruling: Motion to compel denied. See discussion below. 2. Mora Depo. at 15:14 -18: Question No. 2: “Do you understand that you actually sued my client because they would no t use the last four digits of your Social Security number?” Objections: “Argumentative; harassing witness. I inst...

Excerpt: ...g the claim has no merit, that the plaintiff cannot prove an element of the claim, or that the defendant has a complete defense entitling it to judgment as a matter of law. (Code Civ. Proc. § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850- 51.) Issue 1: first cause of action for negligence Plaintiffs allege that in May 2018, Decedent Richard Arnold (Plaintiff Lisa Arnold's husband) sustained injuries at work from whic...

Excerpt: ...ises liability claim are the same: a legal duty of care, breach of that duty, and proximate cause resulting in injury.” (Kesner v. Superior Court (2016) 1 Cal.5th 1132, 1158; Castellon v. U.S. Bancorp (2013) 220 Cal.App.4th 994, 998.) “[L]andowners are required ‘to maintain land in their poss ession and control in a reasonably safe condition' [citation], and to use due care to eliminate dangerous conditions on their property [citations].”...

Excerpt: ...egations of the plaintiff's complaint. (FPI Development v. Nakas hima (1991) 231 Cal.App.3d 367, 381 -382 (pleadings serve as the outer measure of materiality in a summary judgment motion)). Once a defendant meets its prima facie showing, the burden shifts to the plaintiff to show by reference to specific facts the exist ence of a triable issue as to that affirmative defense or cause of action. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4...

Excerpt: ...amily Trust failed to pay sanctions as ordered by this Court on 10- 19-23. Thus, Defendants violated the 10- 19-23 and 11 -16- 23 orders. Therefore, Defendants' conduct is sanctionable. Nonmonetary Sanctions Defendants' conduct does not warrant terminating sanctions. Terminating sanctions are appropriate wh en the “violation is willful, preceded by a history of abuse, and the evidence shows that less severe sanctions would not produce complianc...

Excerpt: ...c performance of that contract. Little v. Pullman (2013 ) 219 Cal.App.4th 558, 565. The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. Id. Plaintiff argues defendant has not carried its burden of proving the existence of a valid arbitration ...

Excerpt: ...ntional Infliction Emotional Distress 8. Mental Disability Discrimination 9. No Reasonable Accommodation/Mental Disability 10. Failure to Pay Wages When Due In the complaint, she mentioned the term “sexual harassment” in paragraphs 11, 15- 16, 22, 40, 57- 59, 78, 81-84, 122, 128- 129, and 146. The claims of sexual harassment are general. They are for the most part non -specific. She alleges she was sexually harassed by two non - employees w...

Excerpt: ...o. 7, and awarding monetary sanctions in the amount of at least $1,387.57 against Defendant. Plaintiff additionally moves for an order compelling further responses to Request for Production of Documents, Set One (“RFP”), Nos. 4 -6, 8, 9, 15, and 19, and compelling compliance with RFP, Nos. 1 -3, 7, 10, 14, 16, and 17, as well as awarding monetary sanctions in the amount of at least $3,862.57 against Defendant. Lastly, Plaintiff moves for an o...

Excerpt: ...atory no. 4.1. (Exhibit D, F to Declaration of Troy Candio tti; Exhibit 4, 6, 9 to Declaration of Richard Angel.) Thus, the Court grants Plaintiff's Motion as to Form Interrogatory no. 4.1. Given the October 30, 2023 deadline for Plaintiff to file his Motion, it was not wholly unreasonable for Plaintiff to file h is Motion when Defendant advised he would not serve a supplemental response until November 3, 2023. (Exhibit 9 to Declaration of Rich...

Excerpt: ...Exhs., Exh. 2].) The settlement agreement provides, in relevant part, that: “No later than 45 days after execution of this Settlement Agreement, the Parties will jointly cooperate and cause to be performed the below described work of improvement for the mutual benefit of their adjoining Properties (the ‘Re medial Work')…” These competing motions were filed after the parties failed to “jointly cooperate” to cause the Remedial Work to...

Excerpt: ...urt to recover as part of the judgment a sum equal to the aggreg ate amount of costs and expenses . . . determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” (Civ. Code § 1794(d).) “If the items appearing in a cost bill appear to be pro per charges, the burden is on the party seeking to tax costs to show that were not reasonable or necessary. On the other ha...

Excerpt: ...“RFP”) is GRANTED in part and DENIED in part. On 01/25/24, the court continued the h earing on these motions and ordered Defendants to produce an updated privilege log that complied with the requirements laid out in Catalina Island Yacht Club v. Superior Ct. (2015) 242 Cal. App. 4th 1116 (“Catalina”). (ROA #131.) The court first notes De fendants did not produce a timely privilege log that permitted Plaintiff to review prior to the deadl...

Excerpt: ...s required to be given, evidence is required to be taken, and discretion in the determination of facts is vested in the infe rior tribunal, corporation, board or officer…” (Code Civ. Proc., §1094.5, subd. (a).) “The inquiry in such a case shall extend to the questions whether the respondent has proceeded without, or in excess of, jurisdiction; whether there was a fair trial; an d whether there was any prejudicial abuse of discretion.” (C...

Excerpt: ...inst cross -defendants Joel Farkas (“Farkas” indivi dually), Gateway American Resources, LLC, Kings Co. LLC, Latitude Accounting LLC (“CD” all together), and their attorneys Todd C. Theodora, Esq., Christopher J. Harney, Esq., Adrian L. Canzoneri, Esq. and Theodora Oringher PC. This matter involved a perso nal dispute between an Farkas and his former love interest (Smith). The pair did not split amicably and Farkas accused Smith of using ...