Excerpt: ...iff blamed Defendant Thompson's conduct for her subsequent pregnancy (by another person). This question necessarily involves sexual conduct under Code of Civil Procedure section 2017.220. Counsel's explanatory remarks after the question make clear that counsel wanted to know whether Plaintiff blames Defendant Thompson for dangerous sexual activities and pregnancy. Plaintiff's cousin's and aunt's identities (69:4‐71:1, 74:8‐75:3, 107:15‐109:...

Excerpt: ...emurrer was unsupported by argument or authority. The court grants Defendants' request for judicial notice of recorded documents, but the judicially noticeable facts are not dispositive here. The fact that Defendant Price Manufacturing is not the record title owner does not prove, for pleading purposes, that Price Manufacturing lacks an ownership interest in the property. For the first cause of action, Plaintiffs fail to allege a breach of contra...

Excerpt: ... hearsay allegations contained in those exhibits. Court grants Request for Judicial Notice Exhibits 5, 9, and 12‐13. Court grants Plaintiffs' Request for Judicial Notice Exhibits A‐D and M, to the extent these records exist as part of the court record or file, but does not accept as true the content of hearsay allegations contained in those exhibits. Court grants Plaintiffs' Request for Judicial Notice Exhibits E through L. Page 2 of 3 As to ...

Excerpt: ...guage. (See FACC, ¶¶ 10‐37; compare FACC, ¶ 46.) For the first cause of action for fraud, LLR alleges several dates when Kang orally made misrepresentations. However, it is not clear which representations were made on which date, so LLR failed to plead this cause of action with the required specificity. For the second cause of action, LLR uses the fraud alleged in the first cause of action as a basis for alleging that MyDyer received stolen ...

Excerpt: ...tion agreement. (Declaration of Deleah Jones, Exhibit B.) Even though Defendants did not sign the arbitration agreement, it applies to Defendants because of agency and estoppel. (See Thomas v. Westlake (2012) 204 Cal.App.4th 605, 613; Garcia v. Pexco, LLC (2017) 11 Cal.App.5th 782, 788.) Here, the operative complaint alleges an agency relationship between Adesa and Defendant PeopleReady (PR). Defendants have established that PR absorbed Labor Rea...

Excerpt: ...e motion shall provide argument and evidence of the following: a. The nature of the violations. The Motion does not describe the nature of the violations. b. The number of alleged individual violations, including both the length of the relevant employment period and the number of employees allegedly employed during that period. Plaintiff indicates that, assuming that the PAGA period would last up to the time of the bankruptcy proceedings, the num...

Excerpt: ...mber that Plaintiff attributes to the address book entries "Chris" or "Chris Next Door." Plaintiff must preserve these messages on any phone subject to inspection. The court denies both parties' requests for attorney fees. Romash demands inspection of Plaintiff's cell phone that Plaintiff used at times relevant to the complaint. Plaintiff objects that the request violates his right to privacy and asks for irrelevant Page 2 of 2 evidence. The cour...

Excerpt: ...r the fifth cause of action, Plaintiff incorporates her harassment allegations. (Complaint, ¶ 120.) She sufficiently alleged harassment. (Complaint, ¶¶ 9‐15, 28‐29.) Defendant's demurrer does not lie because Plaintiff has stated at least one valid claim. (Poizner v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 119 ("A demurrer must dispose of an entire cause of action to be sustained.").) For the sixth and seventh causes of action, it ...

Excerpt: ...o accept the offer. (Peterson v. John Crane, Inc. (2007) 154 Cal.App.4th 498, 505.) However, "a defendant may still extend a single joint offer, conditioned on acceptance by all of them, if the separate parties have a 'unity of interest such that there is a single, indivisible injury.'" (Ibid.) Milgard concedes that its offer did not meet the usual 998 requirements but it argues that the single indivisible injury exception applies. Milgard provid...

Excerpt: ...ervisor made demeaning comments about the plaintiff's body odor and arm sores, refused to respond to the plaintiff's greetings, made demeaning facial expressions and gestures toward the plaintiff, and gave small gifts to all employees except the plaintiff. (Roby, supra, 47 Cal.4th at 708‐709.) Plaintiff makes no similar allegations. Plaintiff contends that the federal court has already found her harassment claim viable. The federal court remand...

Excerpt: ...04 Cal.App.4th 605, 613; Garcia v. Pexco, LLC (2017) 11 Cal.App.5th 782, 788.) Here, the operative complaint alleges an agency relationship between Adesa and Defendant PeopleReady (PR). Defendants have established that PR absorbed Labor Ready, and that Labor Ready was a party to the arbitration agreement. The court finds that equitable estoppel applies because Plaintiff's claims are rooted in the employment relationship with the staffing agency a...

Excerpt: ..., Inc. (1996) 14 Cal.4th 479, 493.) Thus, the filing on January 22, 2019, is timely for the second cause of action. However, Plaintiff fails to allege sufficient facts showing that the filing for the harassment causes of action are timely. Plaintiff's factual allegations are sufficient to show harassment. Plaintiff alleges in the First Amended Complaint (FAC) that her supervisor constantly talked to Plaintiff about sex and the supervisor's sex li...

Excerpt: ...ment Code § 820.2, a public employee is liable for injury caused by his or her acts or omissions to the same extent as a private individual. Plaintiff does not allege liability under these statutes in this cause of action. For the first cause of action, California has adopted Title IX standards when interpreting Education Code section 220. (Donovan v. Poway Unified School Dist. (2008) 167 Cal.App.4th 567.) Title IX applies to when a school emplo...

Excerpt: ...er constitutional or statutory provisions; (2) public, in the sense that it inures a benefit to the public rather than the individual; (3) well‐established at the time of the discharge; and (4) substantial and fundamental. (Stevenson v. Superior Court (1997) 16 Cal.4th 880, 894.) As Plaintiff has sufficiently pled retaliation (as discussed below), the court overrules the demurrer. Second, Third, and Fifth Causes of Action: Retaliation, Harassme...

Excerpt: ...ction. The court denies the motion for summary judgment. As discussed below, the court finds that there is a triable issue of material fact as to whether Defendant Greco's conduct was reasonable because of paragraph 13 of James G. Kent's declaration. The court overrules all of Plaintiff's objections except: (3) sustained as to the second sentence; (5) sustained; (18) sustained. The court overrules Defendants' objections 1 through 7. The court dec...

Excerpt: ...atute, “substantial probability” means “very likely” or “a strong likelihood” rather than simply more likely than not. (Id.) Plaintiff has not established a strong likelihood that he will prevail on his claims for punitive damages as to any causes of action based on the evidence provided at this time. Discrimination based on medical condition Plaintiff alleges that he was terminated because he took medical leave due to his leg injury....

Excerpt: ...l policy that denied required rest periods and that Defendants enforced that policy. (Third Amended Complaint (TAC) ¶¶ 13, 45, 46.) Plaintiff alleges that violated California law by requiring employees to stay on the premises during rest periods. These are sufficient facts to state a cause of action. (See Brinker Rest. Corp. v. Superior Court (2012) 53 Cal.4th 1004, 1033.) Whether Defendants consistently applied the policy goes to damages. (Ibi...

Excerpt: ...(1994) 29 Cal.App.4th 1746.) Page 2 of 2 “A violation of section 23175 [felony driving under the influence] requires that a person be convicted of driving under the influence (§ 23152) and that the offense occurred within seven years of three or more separate violations of driving under the influence. Thus, we are discussing a recidivist type crime involving an extremely dangerous activity. Having suffered at least three previous convictions f...

Excerpt: ...rrules Defendants' best evidence objections to Michael Zelman's declaration. The Legislature repealed the best evidence in 1998. (People v. Goldsmith (2014) 59 Cal.4th 258, 269; see Evid. Code, § 1521, Best Evidence Rule, 26 Cal. L. Revision Comm'n Reports 369 (1996).) Page 3 of 4 Moreover, the declaration does not seek to prove the contents of a document under Evidence Code section 1521. It lays foundation for the attached exhibits under Eviden...

Excerpt: ...the demurrer without leave to amend as to the second and third causes of action, unless Plaintiff can explain a fix for these causes of action. The court sustains the demurrer without leave to amend as to the fourth cause of action. Plaintiff has withdrawn this cause of action. For the first cause of action against Xiang, the First Amended Complaint (FAC) alleges that Xiang agreed to sell Plaintiff a 51% interest in Golden Globe, a controlling in...

Excerpt: ...ranty. Although they are not identical, a reasonable trier of fact could conclude that the same person signed both documents. (Evid. Code, § 1417.) Plaintiff's declaration establishes that she talked to Defendant about the project, and that Defendant said he was a partner in Hi‐Fi Enterprises. (Declaration of Lyn Kaveney (DLC), at ¶ 3.) Plaintiff declares Defendant said he would personally guarantee the investment. (DLC ¶ 4.) Plaintiff submi...

Excerpt: ...his hearing. Court denies the requests for attorney fee sanctions because neither party prevailed. Barragan RFP Nos. 10 and 11 Plaintiff requests photographs, pictures, diagrams, drawings, film, video, and negatives depicting any individual involved in the Incident at or immediately after the Incident (RFP No. 10) and those depicting injuries sustained by any individual involved in the Incident (RFP No. 11.) Defendant objects that the RFP violate...

Excerpt: ...ase Closure, and obtained a Right‐to‐Sue letter for her FEHA claims. Defendant DeBolt cites no authority requiring that such dates must be alleged. A prerequisite to bringing a civil action under FEHA is the filing of an administrative complaint with the DFEH no later than one year after the alleged unlawful practice occurred, and obtaining a “right‐to‐sue” notice from the DFEH. (Gov. C. § 12960, § 12965(b)). Under FEHA, exhaustion ...

Excerpt: ... complete all discovery before the arbitration hearing date.  In paragraphs 11 and 12, the parties agree to a timeline for discovery  In paragraph 15, the agreement gives the court jurisdiction to enforce any provisions of this agreement if any party fails to comply with the agreement. The agreement does not expressly say that the court retained jurisdiction to hear discovery motions, but it implies that power. The terms of the agreement in...

Excerpt: ...ects Defendants' request to strike costs for the second trial because Plaintiffs' counsel caused a mistrial in the first trial. Defendants cite no authority for denying costs on that basis and the court is not inclined to do so without such authority. The court finds that Defendants did not obtain a more favorable judgment than Plaintiff Oscar Esparza's Offer to Compromise under Code of Civil Procedure section 998. If a defendant rejects a plaint...