Excerpt: ...forcement Officer Marcella Villanueva: Overrule Objections to Paragraphs 5, 11, 12, 13, 20, 25, 27, 30, 32 and Exhibits F and K; Sustain Objections to Paragraphs 8, 15, 18, 19, 23, 28, 29, 31 and Exhibits C, G, I, L. As to the Declaration of attorney Nazik Hasan: Overrule Objections to Paragraphs 4, 11, 12, 13, 14, 18, and Exhibit A; Sustain Objections to Paragraph 9; and the Objection to Paragraph 17 is moot. Page 3 of 3 As to the Merits: The au...

Excerpt: ...continue the case management in this case, currently scheduled for 5‐9‐18, to 5‐10‐ 18, to coincide with the trial setting conference in the Garcia case. Any party wishing to oppose that order should appear on 3‐29‐18. Analysis: The demurrer is overruled because it does not dispose of the entire cause of action alleged. “No action shall be brought under this part for any violation of a posting, notice, agency reporting, or filing re...

Excerpt: ... irrelevant to the Court's analysis. The plaintiff alleges that the defendant violated Labor Code section 2802 by failing to reimburse travel expenses incurred for “pre‐employment drug testing and physical examination . . . .” Subdivision (a) of that section requires an employer to “indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, o...

Excerpt: ...disregarded. Lifschutz cites Code of Civil Procedure section 437c(b)(3) which sets forth that opposition paper requirements. While section 437c(b)(3) does not reference other facts that the opposing party believes are undisputed and material to the court's ruling, CRC, rule 3.1350(f)(3) provides that the content of the separate statement in opposition may include additional material facts pertinent to the disposition of the motion, which Page 2 o...

Excerpt: ...(CCP. §§2030.210, 2030.220, 2030.230 and 2030.240 for interrogatories and C.C.P. §§2031.210, 2031.220, 2031.230, 2031.240 and 2031.280 for request for production of documents); and (2) the party's failure to serve timely responses was due to mistake, inadvertence or excusable neglect. The discovery at issue in the motions to compel further responses contains objections, responses or a hybrid response with objection. An objection to an interro...

Excerpt: ...nt to Code of Civil Procedure section 1019.5, forthwith. On 10/24/17, Plaintiff James Foxx filed his complaint against Defendants Daniel Foxx, Jeff Curci, Bennion Deville Homes, Roseanne Foxx, D&R Foxx, Inc. and Sterling Ridge Lot 1, LLC alleging 15 causes of action. On 1/12/18, Plaintiff dismissed the 2nd and 9th causes of action, leaving the following 13 causes of action: 1) breach of contract, 3) declaratory relief, 4) breach of fiduciary duty...

Excerpt: ...demarks on the part of defendant John Suhr. As to the 2nd and 3rd causes of action, the court rejects the argument that abuse of control and corporate waste cannot be asserted as separate breaches of fiduciary duty. As to the 5th cause of action, the FAC adequately states the basis for irreparable harm to support an injunction claim. Plaintiff alleges that defendant John Suhr has claimed ownership of the trademarks, has sought to license the trad...

Excerpt: ... re: Alter ego, Indemnification, Emotional distress, Attorneys' Fees, Punitive Damages, UCL damages, Injunctive relief. For the following reasons, the motion is denied as to Alter ego, Indemnification, Emotional distress, Punitive Damages, Injunctive relief and granted without leave to amend as to Attorneys' fees and UCL damages. Alter ego‐As discussed in reference to the demurrer, Plaintiffs have alleged alter ego. Indemnification‐The Settle...

Excerpt: ... section 2966, 4) negligence, 5) accounting, and 6) unfair business practices. Thereafter, on 1/9/18 Plaintiffs filed a First Amended Complaint (“FAC”) alleging 8 causes of action, including the original 6 causes of action plus 7) intentional representation, and 8) negligent misrepresentation. Page 8 of 11 Defendant demurs asserting that the facts set forth in the original verified Complaint are distinctly different than those in the FAC and ...

Excerpt: ...r. Thereafter, the demurring party must file a declaration demonstrating compliance with those provisions by describing “the means by which” the parties met and conferred. (§ 430.41, subd. (a)(3)(A).) The declaration of Wasser – which is identical for all three demurrers – does not describe the means by which she met and conferred with opposing counsel, or otherwise demonstrate compliance with the “in person or by telephone” requirem...

Excerpt: ...pent on these particular motions and this case seems beyond reasonable when one returns to the subject matter of the litigation which, as far as the moving party, is a surrender of money with no claim. Also the number of attorneys working on the case seems high. However, to recognize the efforts of each attorney seems reasonable. Finally, the hourly rate seem reasonable. Therefore, the court reduces the fees to one‐half of the hours prayed for ...

Excerpt: ...is pervasive and seventh cause of action – whether there is extreme and outrageous conduct); denied as to the second, eighth and ninth causes of action on the grounds that Defendant has failed to meet its initial burden. First Cause of Action for Sexual Harassment: Plaintiff has provided sufficient evidence to establish a triable issue of material fact regarding this cause of action. She has provided evidence that over a two‐month period of t...

Excerpt: ...al argument, this court granted moving party leave to respond to Robledo's late filed declaration. In addition, the court allowed leave to file supplemental briefing on whether or not the contents of the declaration raised a triable issue of fact as to any of the causes of action. In addition, the court was going to further consider arguments of counsel concerning the Intentional Infliction of Emotional Distress (“IIED”) claim. In response, D...

Excerpt: ... distributed by [Defendant].” The issue is “evidence, describe, refer, or relate” which is broad to encompass virtually any document—which Plaintiff never addressed in her separate statement or meet and confer In opposition, Defendant appears to have no issue with producing its Lemon Law policies, and Plaintiff failed to address why that is not sufficient. Nos. 23 (technical service bulletins) and 24 (recalls) for the type of car at issue...

Excerpt: ...equest to only claimants in California and that are within the Defendant's database is most reasonable. Sanctions are not awarded because the initial RFP was not so narrowly tailored as that which resulted from the meet and confer process. ...

Excerpt: ...of Civil Procedure section 1019.5, forthwith. The First Amended Complaint (“FAC”) for: (1) fraud, (2) negligent misrepresentation, (3) breach of contract, (4) slander of title, (5) quiet title, (6) tortious interference with prospective business advantage, (7) unfair competition, (8) declaratory relief, (9) injunctive relief, (10) financial elder abuse, (11) tortious breach of the implied covenant of good faith and fair dealing and (12) contr...

Excerpt: ...his court granted UPS summary judgment as to the Cross‐Complaints filed by Mission Linen, Adam Hudson and JFK Memorial as those cross complaint only sought indemnity, apportionment, contribution and declaratory Page 2 of 11 relief, none of which had merit in light of the court's ruling that UPS was entitled to summary judgment as to all causes of action in Navarro's Complaint. UPS filed identical memorandum of costs for $13,724.87 against Plain...

Excerpt: ...Cross‐Defendant Stanton Place 2014, LLC is to prepare a proposed order and give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. Plaintiffs Goodell and Self Reliance, Inc. dismissed all causes of action. The CrossComplaint of Frederick Brillman against Goodell and Self Reliance, Inc. was also dismissed. Remaining are the Cross‐Complaint of Stanton Place 2014, LLC, First Amended Cross‐ Complaint of Luis Martin, Jr. and t...

Excerpt: ...ee's deed upon sale, (3) wrongful foreclosure, (4) quiet title, (5) slander of title, and (6) unfair competition is that Defendants' (“Ds' ”) foreclosure was based upon the alleged breach of a loan agreement that Plaintiff did not enter into. The demurrer is based upon the grounds that each cause of action (“c/a”) fails to state facts sufficient to constitute a cause of action. For the following reasons, the demurrer is sustained with lea...

Excerpt: ...g his death in April 2017, his daughter, Patricia Yvonne Playan Leonel de Cervantes, filed a declaration stating that she was the proper person to maintain this action and substituted in as plaintiff because she was both the successor trustee to Marion's trust and the executor of his will. The Court sustained with leave to amend a demurrer to the Third Amended Complaint because there were no facts alleged that showed that Cervantes, who was named...

Excerpt: ...e entered shortly. Analysis: On 1‐4‐18, the Court continued the hearing on the motion to allow the parties the opportunity to address a variety of questions and concerns posed by the Court in its tentative ruling. The supplemental documents submitted address some but not all of those concerns. To pick just some of the examples of concerns that are not resolved by the supplemental documents: 1. The Court informed the parties that it would not ...

Excerpt: ...l facilitate the presentation of all claims and defenses in the present action between the parties and will re‐open discovery in the event it is appropriate to do so. ...

Excerpt: ...d be awarded anything on their claims. Defendants now move to have the Award confirmed and for the entry of final judgment in this matter. Page 2 of 9 Plaintiff asserts that the award should not be confirmed as it relates to one of the four findings made by the Arbitrator for the following reasons:  Arbitrator failed to fully review Plaintiff's brief and failed to understand some of the relevant issues, and that he failed to address any of the...

Excerpt: ...the potential environmental impacts. In light of the new petitions that have been filed challenging the new FEIR, there is no reason for this Court is continue to retain jurisdiction. To the extent respondent and real party wish to assert that certain challenges made in the new petitions are barred by res judicata, they will have the right to make those claims in those cases. ...

Excerpt: ..., Salima Nurani, Kalab Honey and the Law Offices of Kalab Honey, PC. The complaint is for malicious prosecution arising out a lawsuit filed against Plaintiff in the case of Sun Salt Sand Inc. v. Tony Cueves, PSC1503692. The prior lawsuit was terminated in Plaintiff's favor on the granting of his motion for summary judgment as to all six causes of action brought by Defendant Sun Salt Sand, Inc. against him. The owners of Sun Salt Sand, Inc. are De...