Excerpt: ...ns a contra ctual relationship between plaintiff and Paragon over relocation services to be provided to plaintiff's employees. Pertinent here, the complaint alleged that Morabito was the CEO of Paragon Relocation Services, and Jim Davis was its CFO. It further alleg ed these two individuals were actively contacting plaintiff's employees and improperly threatening to turn them over to debt collectors if they did not pay relocation costs claimed by...

Excerpt: ...l is curre ntly set for May 6, 2024. The plaintiff never posted jury fees. Pursuant to Code of Civil Procedure section 631, subdivision (c)(2), a party demanding a jury trial must post fees within 365 days of the filing of the initial complaint if no Case Managemen t Conference is held. None was held here; therefore, plaintiff's failure to timely post fees resulted in his waiver of a jury. Defendant never posted jury fees, but it is not requesti...

Excerpt: ...dence Pl aintiff asserts she has new evidence that justifies reopening the case. The problem with her argument is that a final judgment was entered in the case by Judge George, and it was affirmed on appeal, and the remittitur was issued in November 2022. Even if it were relevant, there is no showing that any of this information, evidence, or argument is new. If anything, much of it is a repeat of the arguments made previously, and specificall...

Excerpt: ...int that con tinues to include these two causes of action. It again alleges these causes are against “all” defendants. The striking of these causes of action may not be the most efficient remedy here. The motion to strike is DENIED without prejudice. Demurrer to Se cond Amended Complaint (Champion) Defendant Champion Construction Services, Inc., filed a demurrer to the second amended complaint. The demurrer is SUSTAINED without leave as to t...

Excerpt: ...f Court. Movants shall prepare the appropriate order for the court's signature. Demurrer Defendants filed a demurrer to the first amended complaint. The action concerns an alleged breach of an agreement and the unauthorized use of confidential information. Th ere is a choice of law provision in the agreement which states it is to be construed pursuant to New York law. Defendants also suggest that at least one key issue may likely have to be de...

Excerpt: ...are the t hree members of the Forefront 405 Owners Association. The association manages office property in a common interest development. There is a split on the board, and the plaintiff constantly finds itself on the losing end of 2 -1 votes. The main dispute her e is over whether maintenance of the parking lot (a permitted activity) includes the construction of other amenities/developments to the office property, such as basketball courts, etc...

Excerpt: ...ay of the case rests within the discretion of the court. The alleged acts occurred between December 2018 and March 2019. The children were pre -teens. They are now around 16 years old. The civil complaint was filed July 21, 2020. Evans filed an answer June 11, 2021. A jury trial has been scheduled for February 3, 2025. In the criminal case, a pre -trial conference is set for May 22, 2024, and trial is set for June 6, 2024. Bail is set at $1 mil...

Excerpt: ...face, purp ort to be a contract between the plaintiff and plaintiff's employer —a fact that defendants' counsel had confirmed in an e -mail to the plaintiff's counsel. Defendants' counsel attempted to disavow that concession during oral argument, essentially on the gr ound it was not a judicial admission, and in any event, it was made before counsel had all the facts. That argument is unpersuasive. Even if the arbitration agreement were enforc...

Excerpt: ...Villageway M anagement, Inc., and that the 90-day period ended on September 4, 2018 —is GRANTED. The court notes that no opposition was filed. 3. Defendants' evidentiary objections nos. 1 -47 to plaintiff's memorandum of points and authorities and response to the summary judgment motion are disregarded. They are not evidentiary objections. 4. Defendants' objection nos. 48 -63 are OVERRULED. 5. Plaintiff filed a document entitled “Objections...

Excerpt: ...on letter were attached to the complaint. However, the plaintiff alleged that because the damages were “ongoing and exceeded $10,000” the amount of damages claimed was “omitted” from the form because “that portion was inapplicable.” The city argues that plaintiff 's failure to state the amount claimed is a material defect and the demurrer must be sustained without leave to amend. Without properly seeking judicial notice, the demurrer ...

Excerpt: ...llegations in the complaint, defendants (including these Doe defendants), “distribute and sell their kratom products to residents in California pursuant to a false and misleading marketing campaign.” The complaint further alleges that defendants do not disclose the serious health risks of the product; nor state that the product is the subject of warnings from poison control centers and is known to be not safe for human consumption. And it spe...

Excerpt: ... declarati on of non-monetary status stricken immediately, it is DENIED. To the extent it seeks an order shortening time, it is also DENIED. Plaintiff has failed to show an emergency or why the matter cannot be heard in the ordinary course. This latter is without prejudice to the filing of a noticed motion to be placed on the court's regular law and motion calendar. Demurrer Defendant State of California Department of Health Care Services filed...

Excerpt: ...urt Orde r Plaintiff's motion to compel compliance with this court's order of September 28, 2023, is DENIED. Further responses were served on October 4, 2023, but plaintiff complains the responses are “nearly identical” to the prior responses. The motion is not accompanied by a separate statement as required by Rule 3.1324 of the California Rules of Court, and the motion fails to establish how the responses were not compliant with the court's...

Excerpt: ...day, December 13, 2023, on December 18, 2023, plaintiff and cross -defendant filed a declaration for an automatic extension. The extension expired on January 17, 2024, but the demurrer and motion to strike were not filed until March 1, 2024. And then, cross -defendant s et the matters for hearing on May 16, 2024, in violation of Rules 3.1320(d) and 3.1322(b) of the California Rules of Court [demurrer must be set for a hearing within 35 days of ...

Excerpt: ... on appeal and thus it is entitled to its costs so l ong as those costs were timely requested and are allowable. In its opposition, filed the same day, defendant states that, “Hussein has indicated he does not challenge Defendants appellate cost bill.” But, in Hussein's reply, he iterates that he does chal lenge defendant's right to costs on appeal. He iterates that defendant “forfeited” its right to those costs because it failed to fil...

Excerpt: ...ditions that the defendants caused, (c) she is concerned t hat she will be blackballed in the industry for suing her prior employer, and (d) defendants are trying to obtain a litigation advantage by making her disclose her real name, and they are seeking to shame and embarrass her. Code of Civil Procedure section 367 provides that an action “must be prosecuted in the name of the real party in interest, except as provided by statute.” Plaintif...

Excerpt: ...d, and (3) it has filed a separate motion for a stay that has not yet been heard. The four discovery motions (ROAs 60, 64, 68, and 72) are GRANTED. Defendant is ORDERED to serve verified responses within 15 days. Sanctions are ORDERED against defendant and its counsel, joint and several, in the amounts requested in th e motions, payable to the plaintiff within 15 days. The defendant's request for sanctions is DENIED. Procedural Background The c...

Excerpt: ...ion).” But the reply attempts to mislead the court and ob tain discovery plaintiff's counsel knows this court has denied in prior cases. Indeed, and contrary to its initial assertion, this motion is all about the request to produce all the documents in the General Motors universe about the Silverado vehicle. Th e final sentence of the reply gives the game away: “Based on the foregoing, GM must be ordered to produce its PMQ for deposition on ...

Excerpt: ...lves a high - end residential lease. Plaintiffs filed a 12-count complaint against the property owner, Yuan Mu, real estate agent Nancy Milne, and Ascendant International, Inc., dba Re/Max Luxury Properties. It includes causes of action for breach of contract, common counts, fraud, and dec laratory relief. Plaintiffs complain that the house they rented had numerous issues and Yuan Mu refused to fix them. Yuan Mu filed a 13 -count cross -compla...

Excerpt: ...omplaint was filed May 26, 2020. (ROA 2. ) The motion for summary judgment is supported by the declaration of John Battista, a licensed Certified Access Specialist (CASp). He visited the shopping center on May 20, 2022, and found various violations of the Americans with Disabilities Act and the Uniform Building Code, which he detailed in his report. In opposition to the motion, defendant filed a declaration from Jong Park, also a licensed CASp...

Excerpt: ...ings is based on the claim that there is no statutory ba sis for the claim and therefore no cause of action can be stated against the City under Government Code section 815. A motion for judgment on the pleadings serves the same basic purpose as a demurrer. It asks the court to determine whether as a matter of law a cause of action has been stated. (See Tung v. Chicago Title Co. (2021) 63 Cal.App.5th 734, 743- 744.) However, it may not be used as...

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: ...tion to strike was continued to this date because the parties had fail ed to engage in a proper meet and confer. It does not appear that defendant's counsel has taken advantage of this extended time to comply with its obligations under the statutes. Accordingly, the court sets an Order to Show Cause re Sanctions against def endant's counsel. The hearing is set for April 11, 2024, at 8:30 am. Any declaration in response shall be filed at least �...

Excerpt: ..., as a Roe defendant was filed only on February 9, 2024. Moe has been an active defendant since the beginning of the case. Moreover, this case has been actively litigated by all parties as evidenced by the discovery propounded, the law and motion practice, and the many cross -complaints which have been filed. There have also been suggestions that the scope of the case has expanded tremendously over the years. On the one hand, waiting over seven...

Excerpt: ...n of the motion. To assist the parties in resolving the matter i nformally, the court would offer the following thoughts. The court notes that the motion is procedurally improper on numerous grounds. It does not, for example, specify the time, place, manner, scope, and nature of the examination in accordance with the requirements of Code of Civil Procedure section 2032.310. Nor does it comply with the California Rules of Court that govern motion ...