Excerpt: ...far as it relates to the fourth cause of action for failure to prevent harassment. However, the law is clear that a supervisor cannot be held personally liable under FEHA for failing to prevent the alleged discrimination. (Fiol v. Doellstedt (1996) 50 Cal.App.4th 1318, 1326; see also, Raines v. U.S. Healthworks Medical Group (2023) 15 Cal.5th 268, 279- 280.) Demurrer (Blower- Dempsay) The demurrer of defendant Blower-Dempsay Corporation to the fi...

Excerpt: ...ement of a proper meet and confer would not serve the intent of the code requirement. The first amended cross-complaint alleges four causes of action: breach of fiduciary duty, fraud, conversion, and breach of contract. The demurrer complains that the four causes of action are uncertain and therefore they each fail to state a viable cause of action. However, the alleged "uncertainties" are little more than challenges to the merits of the crosscom...

Excerpt: ...ilding. But the contractor did not perform and was terminated. The association then hired Champion Construction Services to complete the project. Champion's demurrer to the original complaint was sustained with leave. Plaintiff filed a first amended complaint to which Champion has again filed a demurrer. The amended complaint has made several minor adjustments to the factual pleadings, but it has done little to address most of the key issues rais...

Excerpt: ...d a person most qualified, and it properly objected to the scope and breadth of the propounded discovery. The defendant manufacturer states it is willing to turn over all documents related to the vehicle in issue—and has already done so. What it objects to is the overreach of the discovery requests, in terms of the numbers of discovery requests and the fact they relate to other vehicles and other dealerships. The PMQ, the Deposition Date, and T...

Excerpt: ...position. (ROA 120.) In essence, it argued that the third amended complaint improperly seeks to add Christopher Atkins, the husband, as a plaintiff, because he did not file a Government Tort Claim; and it improperly seeks to revive a claim for infliction of emotional distress and to add a cause of action for loss of consortium for Christopher Atkins. The basic problem with the motion is that it is procedurally improper on numerous levels. Thus, i...

Excerpt: ...esponses by cross-complainant Microwine Group, Inc., to Request for Production of Documents (Set wo) and for sanctions. Counsel for Xu concedes in a declaration filed November 2, 2023 (ROA 225) that counsel for Microwine Group, lnc„ served responses to the Request for Production of Documents on October 16, 2023. Xu contends, however, that the responses are not code compliant and therefore he refuses to withdraw the motion. The responses were se...

Excerpt: ...ction of emotional distress, which is the subject of this demurrer. The key allegation is that plaintiff was visibly pregnant at the time of the accident, that the acc:ident caused her to hit her stomach into the steering wheel, and that caused her serious concerns for the health of her unborn child. To properly analyze whether a cause of acton for intentional infliction of emotional distress has been pled, the allegations of the third cause of a...

Excerpt: ...division defendant provides no evidence that shows these costs were unnecessary or unreasonable. Defendant has not met its burden. (Nelson v. Anderson (1999) 72 Cal.App.4th 111, 131.) Item No. 8 Defendant argues the $1,530 claimed for expert fees was unreasonable because Lemon Law plaintiffs do not need to present expert testimony to prevail. Its reliance on Oregel v. American Isuzu Motors, Inc. Cal.App.4th 1094 at page 1102, footnote 8, is mispl...

Excerpt: ...n District. The first cause of achon is for racial discrimination. The second alleges retaliation. And the third complains that defendant failed to prevent the discrimination, harassment, and retaliation. On a moton for summary judgment and/or summary adjudication of issues brought by the employer in a case alleging employment discrimination, the court engages in a 3-step, burden-shifting process under McDonnell Douglas Corp. v. Green (1973) 411 ...

Excerpt: ... entitled to attorney fees. The matter has since been reassigned to this department because Judge Marks has retired. It is this court's understanding that Judge Marks' retirement is official and that she will not be returning on assignment. Thus, this court may rule on the motion. The court has reviewed the minute order statement of decision, the judgment, and the papers filed by the parties in support of and in opposition. It is undisputed that ...

Excerpt: ...Hoang alleges that the homeowner's association foreclosed on and then sold his condominium unit in a nonjudicial sale. It was sold, according to the association, for Hoang's failure to pay certain assessments. Defendants were the successful bidders and purchasers of the unit at the foreclosure sale. Hoang suggests that during this time he was overseas, and when he returned, he was unaware of the redemption period. This is an old case. Hoang filed...

Excerpt: ...dules. That resulted in an over-reporting of plaintiff's income, causing him to pay more taxes than he owed. He also alleges the defendant intentionally concealed the error. When the California Franchise Tax Board made numerous audit inquiries, apparently to determine whether all California income was properly reported on the California returns rather than the returns of other states, defendant hid key documents that would have disclosed defendan...

Excerpt: ... filing an answer or a responsive pleading, Neil Nam Hoang, doing business as aest Home Construction and Repair, filed a Case Management Conference Statement on November 2, 2021. (ROA 39.) On March 9, 2022, the plaintiff and the court attempted to determine who was the proper defendant. It was suggested that Neil Nam Hoang was not a party, and that the named defendant, Best Home Construction and Repair, was a non-existent entity and that is why i...

Excerpt: ...Thomas Marantz as the named defendant and Doe defendants. (ROA 7.) The gist of these allegations was that Thomas Marantz was the driver of the other vehicle that caused plaintiff's injuries. Thomas Marantz filed an answer to the complaint (perhaps unaware of the first amended complaint on file?) on May 11, 2022. (ROA 36.) Nowhere in his answer does he indicate he was not the driver. Indeed, his last affrmative defense—imminent peril—suggests ...

Excerpt: ...sted in Rule 3.1332(c) of the California Rules of Court. Here, no good cause has been shown. The complaint was filed February 9, 2022, for an accident that allegedly occurred on March 3, 2021. (ROA 2.) According to the complaint, plaintiff was walking along the sidewalk in a residential street when a branch from a tree that was being trimmed fell on her head. Defendant Douglas Landscape, Inc., filed its answer on April 21, 2022. (ROA 40.) Defenda...

Excerpt: ...n issue by alleging in the complaint that he suffers and continues to suffer embarrassment, emotional distress, and mental anguish. He also seeks damages for "pain and suffering, and emotional distress." These allegations seek damages for what is more than garden-variety emotional distress. He makes the same requests in his responses to basic discovery requests. Courts generally do not issue orders compelling a mental examinaton of a party unless...

Excerpt: ...re are no detectable warnings" as required under the Uniform Building Code. He alleged "the lack of an accessible path of travel (i.e., accessible route) at the Property is a violation of the Americans with Disabilities Act [l and therefore per se violation of the Unruh Civil Rights Act." (Italics in original.) Plaintiff has failed to meet his initial burden of proof and thus the motion must be denied. First, plaintiff does not establish that he ...

Excerpt: ...t objection or a request for a protective order, and were used within the litigation and settlement process. The court has been advised that the matter has now "settled" but the parties are unable to consummate the settlement because the plaintiff is demanding that his medical records in the possession of defendant and defendant's counsel be destroyed. Defense counsel apparently refuses to agree to execute a protective order for various reasons, ...

Excerpt: ...everly Consumer Warranty Act [l, are subject to abuse. Because Plaintiffs may recover their attorney fees from Defendant, Plaintiffs' attorneys have no incentive to keep their fees and costs to a reasonable minimum, or to exercise any judgment or restraint in the number of hours they bill. Despite the absence of any evidence that this case was in any way unusual, Plaintiffs claim they are entitled to $58,134.37 in fees, costs and expenses in a ro...

Excerpt: ...e records as her son's business address. She further concedes she helped her son by volunteering at least 15 hours of her time to pick up animals for cremation for her son's benefit. Whether this defendant was just helping her son as a good mother does or was more intimately involved in the starting and conducting of the business is a material issue of fact for a jury to decide. The court notes both sides have suggested that the court could contn...

Excerpt: ...tions" against plaintiff Newport Investment Group, LLC. This motion, set for hearing on October 5, 2023, also asks that the plaintiff "be prohibited from introducing into evidence, whether at trial or in opposition to summary judgment, any facts, documents or other responsive materials omitted from its untimely and non-compliant response" to this court's prior discovery orders. (Emphasis added.) Meanwhile, trial in this matter has been continued ...

Excerpt: ...es. She continues to suffer residual pain. The moton asserts summary judgment is appropriate because plaintiffs cannot establish, as a matter of law, that Podolsky breached the applicable standard of care. In addition, plaintiff cannot establish that any negligent act or omission by Podolsky caused or contributed to plaintiff's injuries. Podolsky filed the declaration of Dr. Ronald Kvitne who opined, after reviewing all the records, that "the car...

Excerpt: ...District denied plaintiff's government tort claim and was served with the complaint on April 9, 2021. District first appeared in the acton on June 7, 2021, when it filed a demurrer and motion to strike to the plaintiff's complaint. It was represented by attorneys Linda Bauermeister and Robert Kostrenich of the Law Offices of Barber and Bauermeister. In response, plaintiff filed a first amended complaint on July 23, 2021. District's demurrer to th...

Excerpt: ...complaint. At the last hearing, plaintff again asked for time to hire an attorney to represent her and to dismiss the matter. The court granted the continuance. But despite this leniency, plaintiff has failed to secure legal counsel and has failed to file any opposition to the motion for summary judgment. At the request of the plaintiff, the entire matter will be DISMISSED with prejudice as to all defendants. Thus, the defendant's motion for summ...

Excerpt: ...Under the law a family daycare center is considered a "residential" use and the landlord's consent for such use is not needed as a matter of law. But then the plaintiffs alleged that the lessor refused to give its written consent for the state operational permit for a "small daycare center," which is for businesses of six to eight children. The plaintiffs asserted that the lessor could not refuse to give consent under the aw, and of its refusal t...