Excerpt: ...C Burger Boys LLC, LASC No. 21PSCV00768 For the reasons set forth below, the petition is GRANTED. The Court determines that the Orange County Superior Court is the appropriate site of coordination proceedings. The Court of Appeal, Fourth District, Division Three shall be the reviewing court. GROUNDS FOR RULING I. Factual and Procedural Background The Included Actions each arise from the alleged wage-and-hour practices of Akash, a company that own...

Excerpt: ... its nature, dependent on the existence of a cause of action for tortious injury to a spouse.”].) Defendant moves for summary judgment/adjudication on the grounds that each of plaintiffs' claims fail because plaintiffs will not be able to establish the requisite elements of duty, breach, and/or causation, and also because plaintiffs' claims are barred by contractual assumption of the risk. Contractual assumption of the risk. Defendant has faile...

Excerpt: ... employment records) and OVERRULED in all other respects. Plaintiff's deadline to file a further amended complaint is March 25, 2022. Defendant's unopposed request for judicial notice in support of both motions is GRANTED. MOTION TO STRIKE Defendant moves to strike the eleventh cause of action (PAGA) and all related terms or phrases (e.g., “aggrieved employees”) from the 2AC. A party may move to strike “any irrelevant, false, or improper ma...

Excerpt: ... person. Moving party did not seek sanctions. To the extent responding party is requesting sanctions (Opposition at 4:11-13), the request is DENIED. (Code Civ. Proc., § 2023.040.) MP has shown that he properly noticed Bajwa's deposition on two occasions. (CCP 2025.450(a); Daucher Decl. in support of motion, Paras. 4 and 8; Ex. A thereto, pp. 15-17 [amended depo notice]; Ex. B thereto [original depo notice].) “The service of a deposition notice...

Excerpt: ...en. It provided undisputed evidence that the defendant asked for the ring; she knew she either had to pay for it or return it; the defendant did not pay for it and did not return it, claiming it had been misplaced in the house; and the diamond ring was CGL appraised at over $62,000. Without providing a declaration in opposition or a statement of disputed and undisputed facts (in violation of the Rules of Court), the defendant argues summary adjud...

Excerpt: ...rth, and Sixth through Fourteenth Causes of Action of the SAC fail to state facts sufficient to constitute a cause of action such that the demurrer should be sustained and these causes of action dismissed. Plaintiff contends that the causes of action at issue are sufficiently pled, and that the demurrer should be overruled but that if it is sustained, it should be with leave to amend. Initially, the Declaration of Joshua Bornstein, counsel for De...

Excerpt: ...ave notice of the Court's ruling on September 22, 2021 by email; and thus, the FACC should have been filed by October 14, 2021—20 days plus 2 extra days since service was by email. Cross-Complainants did not oppose the Demurrer. In any event, CENTER is correct that the Court sustained its demurrer with 20-days leave to amend. The matter was set to be heard on September 23, 2021 and the Court's Minute Order on the matter was issued on September ...

Excerpt: ...el to Inn in March 2020 (Compl. ¶12) and chose to stay at Inn because of the desirable price and location (Compl. ¶13). Due to his physical disability, plaintiff is unable to or seriously challenged in his ability to stand, ambulate, reach objects, transfer from his chair to other equipment and maneuver around fixed objects (Compl. ¶14). He therefore requires an accessible guestroom and information about accessible features in hotel rooms so h...

Excerpt: ...tion. (People v. Superior Court (Cahuenga's the Spot) (2015) 234 Cal.App.4th 1360, 1376.) A complaint need only meet fact-pleading requirements, which requires a statement of facts constituting a cause of action in ordinary and concise language, and should allege ultimate facts that, as a whole, apprise defendant of the factual basis of the claim. (Code Civ. Proc. §425.10(a)(1); Navarrete v. Meyer (2015) 237 Cal.App.4th 1276, 1284.) In ruling on...

Excerpt: ...Plaintiff's fraud by omission claim is barred by the economic loss rule and is insufficiently pled. Whether Plaintiff's Claims are Time Barred? Defendant contends all of Plaintiff's claims are time-barred by their respective statute of limitations. The three-year statute of limitations applies to Plaintiff's claim for violation of Civil Code section 1793.2. (C.C.P. section 338(a) [“Within three years: (a) An action upon a liability created by s...

Excerpt: ...other grounds for demurrer as stated in the below ruling. Cross Comp[lainant is granted 21 days leave to file and serve an amended cross complaint. STANDARD OF LAW “A demurrer tests the legal sufficiency of the factual allegations in a complaint.” (Redfearn v. Trader Joe's Co. (2018) 20 Cal. App. 5th 989, 996.) The Court must determine “whether the complaint alleges facts sufficient to state a cause of action or discloses a complete defense...

Excerpt: ...nd serve an amended complaint within fourteen (14) days of notice of this ruling. STANDARD OF LAW “A demurrer tests the legal sufficiency of the factual allegations in a complaint.” (Redfearn v. Trader Joe's Co. (2018) 20 Cal. App. 5th 989, 996.) The Court must determine “whether the complaint alleges facts sufficient to state a cause of action or discloses a complete defense.” (Id.) The Court assumes “the truth of the properly pleaded ...

Excerpt: ...The court exercised its discretion after reviewing the file and how the issues in the case affected those parties and the duty-to-defend question. Thus, the mere fact that the court denied the other motion is not necessarily informative here. The court must again review the issues in light of where the case stands now as to these parties. As a preliminary matter, at the end of its points and authorities in opposition Ninyo & Moore suggests it nee...

Excerpt: ... Rounding Policies, Practices and Procedures; and 4. Topics 18 and 21 – Payroll Systems and Software. Defendant responds that Plaintiff's topics were not clearly stated and that Trocellier testified completely given the broad descriptions of the topics. In particular, Defendant argues that nowhere in Plaintiff's then-existing operative complaint or the Amended Notice did Plaintiff specifically identify “pay codes” or “rounding” with rea...

Excerpt: ...intiff's objections 1-2 and 5-17 to the Declaration of Eric Y. Waki, M.D. are overruled and objections 3-4 and 18 to the Waki declaration are sustained. Plaintiff's objections to exhibits attached to the Waki declaration are overruled. Plaintiff's objections to the declaration of George S. Burns are overruled. Defendant's objections to paragraph 11 and 15 of the Declaration of Jason Kim, M.D. are sustained and the remaining objections to the Kim ...

Excerpt: ... appears that Tyner and Dubrovski are only charged in the third and fourth causes of action for retaliation against the plaintiff for requesting accommodations, and for creating a hostile work environment in violation of FEHA. As to the third cause of action, the plaintiff has raised a triable issue of material fact: she claims her termination was in retaliation to her request for a leave of absence, which could be considered a protected activity...

Excerpt: ...were insufficient. Therefore, the remaining discovery issues are: RPD Nos. 1 and 3, SI Nos. 5 and 6, and the PMQ and Peter Swartz depositions. Petitioner argues that Gemdale was required to move to reopen discovery before seeking to compel discovery. This argument has already been considered and rejected in connection with Gemdale's second ex parte application. See ROA 249; ROA 266, Hedenkamp Decl., Ex. 1, at pp. 7:9-8:13. This Court has discreti...

Excerpt: ...dure section 2030.300 states, “(a) On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that any of the following apply: [¶] (1) An answer to a particular interrogatory is evasive or incomplete. [¶] (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequat...

Excerpt: .... Defendants request $2,043.75 in sanctions for needing to oppose the Motion. Prior to Plaintiff filing the motion, Defendants informed Plaintiff numerous times that federal law precluded the production of the documents requested by the third party. Based on the foregoing, the Court declines to award sanctions. Accordingly, Plaintiff Denise Thomas' Motion to Quash is DENIED as MOOT. Moving party to give notice. 2. Motion to Compel Further Respons...

Excerpt: ... LLC (the “Company') there, and the Company's principal place of business is in Bakersfield in Kern County. He also contends that there is no statutory exception to authorize the filing of the lawsuit in Orange County, and that the Complaint does not allege that any event or wrongful conduct occurred in Orange County. Brown additionally contends that Plaintiffs' counsel should be ordered to pay Brown the reasonable expenses and attorney's fees ...

Excerpt: ...laintiff, Kirk Matsushige, with Darin W. Barber, in his capacity as Executor of the Estate of Kirk Matsushige, deceased. (See ROA 114.) As such, this motion is directed to the First Amended Complaint and all Plaintiffs named therein. Dr. Pham contends that there is no triable issue of material fact as to the following issues: (1) the medical care and treatment rendered by Dr. Pham to patient, Debbie Matsushige (the “patient” or “Ms. Matsush...

Excerpt: ...PM for submission of further evidence demonstrating the timely filing of the disputed claim. Generally, the Government Claims Act (Gov. Code, § 810, et seq.) provides that no suit for money or damages may be brought against a local public entity until a written claim asserting the cause of action has been presented to the public entity and has been rejected or deemed rejected by it. (Gov. Code, §§ 905, 945.4.) The purpose of the Government Cla...

Excerpt: ...sq. and Demerie Edington CMCA, although referenced is both declarations. Further, the Petition and accompanying Application ask for an order to serve the Notice of Default and notice of the Association's vote to foreclose pursuant to Civil Code section 5705(d) by publication. However, the court is missing documents not referenced or included with the briefing. The first step in a residential common interest development's association imposing a li...

Excerpt: ...free speech in connection with a public issue as defined in the statute (“Prong 1”). (C.C.P. § 425.16(b)(1); Simpson Strong-Tie Company, Inc. v. Gore (2010) 49 Cal.4th 12, 21; Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 67.) The moving party meets that burden by demonstrating that the act underlying the cause fits one of the categories in § 425.16(e). (Braun v. Chronicle Publishing Co. (1997) 52 Cal.App.4th 1036, 1043)...

Excerpt: ...(a); Civil Code § 1794) because the undisputed material facts demonstrate: (A) Plaintiff has no actual damages which is fatal to her claims; (B) KA complied with its statutory obligation by promptly offering to repurchase the vehicle, and then doing so. [See KA's Separate Statement of Undisputed Material Facts, Fact Nos. 1-31]. 2. KA is entitled to summary adjudication of Plaintiff's Violation of Civil Code § 1793.2(b) (Second Cause of Action) ...