Excerpt: ...by the defendant. Thus, the court concludes that the better course is deny the current motions as moot and address any perceived deficiencies via new motions to compel further responses. Accordingly, the motions are DENIED as MOOT. Sanctions The plaintiff has requested sanctions of $5,900 against the defendant and her attorney. This request is beyond the pale. These were two very simple discovery motions to compel responses to two sets of discove...

Excerpt: ...with Larschan, Jr., as Successor Trustee. The lease was first entered into in 2011. The plaintiffs' claims for mold and water intrusion began in 2016, before the death of Larschan, Sr. It is alleged that they have continued through 2021 during the tenure of Larschan, Jr., as the Successor Trustee. Four attempts were made to state a cause of action against Phillip Larschan, Jr., in his individual capacity. (Claims against him solely in his represe...

Excerpt: ...attached to the petition as Exhibit “A”) indicates who the “Company” is. The parties agree, however, that the employment application was for a position with Crevier BMW at the Auto Mall in Santa Ana. Attached to the Employment Application was an “Applicant Statement and Agreement” which the plaintiff had to execute. In the text of the “Statement and Agreement” was an arbitration provision. By its express terms, this “agreement�...

Excerpt: ...llow statutory protocols. However, the court has decided this time to address the demurrer on the merits. Plaintiff's counsel is warned that continued failure to comply with the meet and confer requirements of the law may result in the imposition of sanctions against counsel. 2. Proofs of Service The defendants failed to attach proofs of service of the demurrer and the reply. Because the plaintiff filed opposition, it appears he received the demu...

Excerpt: ...erts that the mother has a gambling addiction, and the property transfers were an effort to avoid creditors. The son brings his cross-complaint primarily as a derivative action on behalf of the family corporation against his parents. He owns 30 percent of the corporation, and the parents own a combined 70 percent. It is alleged that the impetus for this action is that the transfer of one property apparently triggered a due-on-sale clause from the...

Excerpt: ...ntanyl was given to the decedent and his ultimate death. Statute of Limitations The defendant first argues the survival cause of action is time-barred by Code of Civil Procedure sections 335.1 and 366.1. A review of the original Complaint shows the action was brought (in part) on behalf of the Estate, and that it pled a survival cause of action. The defendant concedes that as of the filing of the Complaint the statute of limitations had not yet e...

Excerpt: ... for a medical examination is made “over objection.” (Query if such a separate statement is required where the objection is—as here—untimely?) The defendant's objection was untimely and therefore the defendant waived any objection to the demand. (Code Civ. Proc., § 2032.240, subd. (a).) Any objection must be served within 20 days of service of the demand. Here, the demand was served November 11, 2022 (with an examination date of December...

Excerpt: ...ion is otherwise sufficient to meet defendant's initial burden that defendant did not violate the standard of care. Given the initial burden was met, and there is no opposition, the motion must be granted. The court is aware that this is the second motion for summary judgment brought by this defendant. The first one was withdrawn after opposition (including a declaration from plaintiff's expert, Dr. Gregory Hammer) was filed. Although the motion ...

Excerpt: ...ur. Robert I. Cohen, with 30 years of practice and a focus on business litigation, bills at $430 per hour. The defendant argues that these hourly rates are inflated and should be adjusted downward to $350 per hour. But she fails to provide any evidence as to the prevailing rate in Orange County in support of her request for a downward modification. The court finds the rates charged reasonable within the local Orange County legal community for the...

Excerpt: ... computer system, or computer network in order to either (A) devise or execute any scheme or artifice to defraud, deceive, or extort, or (B) wrongfully control or obtain money, property, or data,” as well as “[k]nowingly accesses and without permission takes, copies, or makes use of any data from a computer, computer system, or computer network, or takes or copies any supporting documentation, whether existing or residing internal or external...

Excerpt: ...iscrimination. They are Black. They also allege violations of Business and Professions Code section 17200 as well as Article I, section 7, and Article IV, section 16(a) of the California Constitution on grounds of alleged violations of substantive due process. The parties agree that defendant Inland Empire Health Plan is a “local agency” as that term is defined by statute. The plaintiff further concedes that the complaint was not filed in the...

Excerpt: ...ges he had not consumed any alcohol in the prior 12 hours. The test results were sent to his employer, and he was fired based on those breath test results. Plaintiff further alleges the EBT device was not properly calibrated and had not been properly maintained in accordance with the manufacturer's instructions or state law and thus the test results were not accurate. The transmission of those results by defendants to his employer and the FAA res...

Excerpt: ... not the alleged written agreement, the applicability of the forum selection clause is irrelevant. In their reply, the defendants ignore whether the forum selection clause is void and argue that because defendant is a resident of Los Angeles County, a change of venue is appropriate. They also argue that the plaintiff has stipulated, tardily, to a change of venue. The motion is DENIED without prejudice. The Motion and the Evidence in Support The m...

Excerpt: ...ty Services Health Center as defendants in this action. (See ROA 62.) The court treats the filing of a First Amended Complaint as evidencing an intent by the plaintiff to dismiss these defendants, and thereby cause the stay to be lifted and the action proceed as to the other defendants. Accordingly, defendants Bora Shin, M.D., and Korean Community Services Health Center, will be dismissed with prejudice at the time of the hearing unless the plain...

Excerpt: ...parently since 2013 at the latest) and the plaintiff (and the homeowner's association) lost all contact with them, the plaintiff remained on the property and paid all costs, fees, and taxes associated with ownership. The defendants filed a verified answer to the complaint on June 10, 2022. (See ROA 36.) It was verified solely by Kumiko Kojima. The other defendant, Masami Kojima died May 12, 2022, and Kumiko Kojami was substituted in as successor-...

Excerpt: ... defendant Debora Werksman, started a competing pet cremation business, Dignity Pet Cremations. Plaintiffs further allege Werksman took, and has used, the plaintiffs' client and vendor lists and their trademark to compete with plaintiffs and to re-direct web site traffic that without such misuse would have gone to plaintiffs. Defendant Debora Werksman claims that the amended complaint fails to state a cause of action against her because it only a...

Excerpt: ...nded Complaint is the operative pleading. Although Sanchez was the driver of the vehicle, the plaintiff named Topolewski as a defendant because he was the registered owner. The plaintiff asserted the father was liable based on claims of negligent entrustment, agency, and employment. Also included in it was a sentence stating that Sanchez was living in her father's house at the time of the accident. Topolewski had a homeowner's policy. He was insu...

Excerpt: ...Coast Memorial Care Medical Center-Bills (ROA 125) 6. Orange Coast Memorial Care Medical Center-MR (ROA 126) 7. Ryan Aronin, MD (ROA 127) 8. Santa Monica Cancer Care (ROA 137) 9. Sara Vakkalanka, ENT (ROA 138) 10. Sarah C. Kim, MD (ROA 139) 11. Shela Haji Ali Ahmadi, MD (ROA 140) 12. Stephen Brewer, MD (ROA 141) 13. Stephen Kim, MD (ROA 142) 14. Surinder Saini, MD (ROA 143) 15. Tam Bui, MD, Inc. (ROA 144) 16. UCLA Health System-Bills (ROA 156) 17...

Excerpt: ...urse, this issue may also be addressed at trial. Motion for Summary Judgment/Summary Adjudication The motion of the defendant for summary judgment and/or summary adjudication of issues as to the Third Amended Complaint is GRANTED in part and DENIED in part. The motion is DENIED as to the First Cause of Action for disability discrimination. The plaintiff established that there is a triable issue of material fact as to whether the actions taken aga...

Excerpt: ...on is GRANTED in part and DENIED in part as follows: 1. Request No. 1 This request seeks all repair orders, including handwritten notes, relating to the subject vehicle. Defendant responded that the subject vehicle was inspected and repaired by a GM- authorized repair facility, not defendant, and that it will produce any repair orders that it may have obtained from those GM-authorized dealerships. Plaintiffs argue defendant has failed to produce ...

Excerpt: ...f action for elder abuse and negligence. The “Skilled Nursing Facility Arbitration Agreement is attached as Exhibit “2” of defendants' Notice of Lodgment of Exhibits. Article 1 states that disputes with respect to medical malpractice and the sufficiency of treatment “will be determined by submission to arbitration as provided by California law.” Article 3 then provides that because the Facility participates in Medicare and/or Medi-Cal, ...

Excerpt: ...ty. The driver of an automobile turned left turn in front of the officer's motorcycle. Plaintiff filed for worker's compensation benefits from his employer, the City of Los Angeles. The City paid out a gross total of $190,320.54. The total paid to the plaintiff was $130,080.53—which included benefits of $112,012.95 and temporary disability benefits of $12,991.58. Later, he was paid permanent disability benefits of $76,560. From this award, the ...

Excerpt: ...omplaint alleges that the insurance contract provides coverage for certain sudden and accidental discharges of water. It quotes the applicable section. Given the complaint alleges the plaintiffs made a claim for water damage under their homeowner's insurance policy, quoting that one provision within the insurance contract is sufficient for pleading purposes. The demurrer also argues that the complaint does not state facts supporting its claim tha...

Excerpt: ...ting additional time to respond, the defendant never provided responses. The defendant did not file opposition to the motion. Nor did he appear at the hearing. At this point, the defendant was self-represented. On June 8, 2022, the defendant, still self-represented, filed a motion to set aside the order, claiming he had been unable to log in remotely to the May 12 hearing. He also claimed he had served responses to the Requests by e-mail the day ...

Excerpt: ...em to argue that the court should exercise its inherent power under Code of Civil Procedure section 128, subdivision (a)(5), to disqualify counsel. (See In re Complex Asbestos Litigation (1991) 232 Cal.App.3d 572, 575.) The argument is that Zeutel cannot represent both the owner (Mu) and the real estate agent (Milne) because Mu should be suing Milne based on an alleged misrepresentation as to the condition of the property. In short, the suggestio...