Excerpt: ...t time of the accident. Amazon was named under vicarious liability and agency theories because Plaintiffs contend Amazon's subcontractor, Soon Express, carries insufficient insurance to cover the damages sustained in the accident. This motion seeks a protective order concerning Plaintiffs' Fifth Set of Requests for Admission (Set Five) and Fourth Set of Form Interrogatories (Set Four), which were served on Amazon on May 28, 2021. (Johnson Decl., ...

Excerpt: ...arbara Mello, and Steven Mello (“Plaintiffs”) filed a Petition for Order Directing Payment Out of the Victims of Corporate Fraud Compensation Fund (“Petition”) against Defendant Dr. Shirley N. Weber in her official capacity as California Secretary of State (“Defendant”). According to Plaintiffs' Petition, Plaintiffs are individual investors who were victimized by Lee Loomis (“Loomis”) and his corporate entities in a corporate frau...

Excerpt: ...against Plaintiff entered on May 27, 2021 (“the Judgment”) to stay enforcement of the Judgment during the pendency of Conservator's appeal. The motion is ruled on as follows. Defendant's motion is made pursuant to Code of Civil Procedure section 917.9 on grounds that the Court should exercise its discretion and require a bond or undertaking from Conservator because: (1) the judgment is large, and will almost certainly increase by a substantia...

Excerpt: ...r other amounts awarded against Plaintiff in this litigation; and requiring Plaintiff to obtain leave of court before filing any new litigant in propria persona in the courts of California, consistent with Code of Civil Procedure section 391.7. The motion is ruled on as follows. The notice of motion states ISS makes the motion on the following grounds: (1) Plaintiff has attempted to relitigate issues, without regard to procedure or merit, even af...

Excerpt: ...nd the Court's tentative ruling procedure. If counsel for moving party is unable to contact counsel for opposing party prior to the hearing, counsel for moving party shall be available at the hearing, via Zoom video or audio, in the event opposing party appears without following the procedure set forth in Local Rule 1.06(B). Plaintiff Jazmine E. Tucker ("Plaintiff") filed a Complaint against FCA US LLC and Elk Grove Dodge arising from a purchase ...

Excerpt: ...ing party forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If counsel for moving party is unable to contact counsel for opposing party prior to the hearing, counsel for moving party shall be available at the hearing, via Zoom video or audio, in the event opposing party appears without following the procedure set forth in Local Rule 1.06(B). Plaintiff is a former non‐exempt employee of Defendant Life Ge...

Excerpt: ...Defendant's and Plaintiff's requests for judicial notice are granted. Defendant's notice of motion states it “brings this motion on the grounds that AIG's claims lack support in both law and evidence.” The notice of motion does not comply with the requirements of Rule of Court 3.1350(b), which provides: “If made in the alternative, a motion for summary adjudication may make reference to and depend on the same evidence submitted in support o...

Excerpt: .... The parties reached an informal settlement in which Plaintiff agreed to dismiss the action in exchange for the statutory repurchase of the subject motorcycle, with attorneys' fees and costs to be determined by motion. Pursuant to the settlement, the parties stipulated that Plaintiff is the “prevailing party” for purposes of this motion. The Act provides that a court “shall” award a prevailing buyer a “sum equal to the aggregate amount...

Excerpt: ...nly known as Madeira East Village, constructed and sold by Taylor Morrison of California, LLC, and other related entities. Defendant seeks to stay the action and to compel compliance with SB 800 Right to Repair Act. (Civil Code 930(b) Plaintiffs and Taylor Morrison were actively engaging in the pre‐litigation process as required SB 800, which affords Taylor Morrison the absolute right to inspect and effectuate repairs to Plaintiffs' homes befor...

Excerpt: ...ir Employment and Housing Act (FEHA) violations, including sex and race harassment. Plaintiff alleges in her Complaint that individual Defendant Mark Carrillo ("Carrillo") harassed her on a daily basis, that individual Defendant Brent Harwood ("Harwood") constantly made racially and sexually offensive comments and conduct to her throughout her employment, that both Carrillo and Harwood made such comments in front of other coworkers, and Plaintiff...

Excerpt: ...t in an expedited fashion. (See ROA 12) The Request for Judicial Notice by Plaintiff James V. Lacy is denied. Plaintiff asks the Court to take judicial notice of information about an ongoing murder trial as well as a news article and television news clip related to the trial. A news article and a television news clip cannot be used to establish the truth of the matters asserted. Courts should not take judicial notice where the subject matter is n...

Excerpt: ...assment, failure to prevent harassment/retaliation and retaliation. Plaintiff alleges that he interviewed with Defendant Arakji for a position at GSA as an Information Technology Specialist 1 in April 2019. (Comp. ¶ 14.) He alleges that Defendant Arakji offered him the position in May 2019 and he accepted. (Id.) Plaintiff alleges that Defendant Arakji began to engage in inappropriate conduct soon after he started the position. He alleges that De...

Excerpt: ...nimum wages, provide meal and rest breaks, and more in violation of the Labor Code. By way of the instant motion Plaintiff seeks leave to file a first amended complaint to allege that the Defendants are personally liable under Labor Code § 558.1. Plaintiff also seeks to make other minor changes including removing a defendant. Plaintiff also seeks to reopen discovery on the basis that a significant period of time has passed since the initial tria...

Excerpt: ...der FEHA for age discrimination, harassment based on age, and retaliation. He also alleges a cause of action for constructive discharge Prior to the instant motion to strike, Defendant demurred on three occasions to the previous iterations of the complaint. Defendant moves to strike paragraph 10 of the 5AC which alleges that prior to the 2016 school year, Defendant “notified Plaintiff that he would be involuntarily removed from teaching high sc...

Excerpt: ...est Service Co. Inc. (Plaintiff) filed the underlying complaint on November 25, 2020 against Defendant Lisa Wiley (Defendant), alleging common counts. (ROA 1.) Defendant failed to respond to the summons and complaint. Plaintiff requested Entry of Default against Defendant on March 17, 2021, which the Court entered on that same date. (ROA 7, 8.) Defendant now moves to set aside the entry of default and Plaintiff opposes the motion on the merits. A...

Excerpt: ...laint alleged negligent and intentional infliction of emotional distress and the following violations of the Fair Employment and Housing Act: (1) discrimination on the basis of race, ancestry, national original, or color; (2) disability discrimination; (3) retaliation; (4) hostile work environment based on race, ancestry, national origin or color; (5) hostile work environment based on disability; (6) hostile work environment based on Plaintiff's ...

Excerpt: ...2012. Kohl filed a lawsuit against the Truongs in July 2012, claiming the Truongs breached their contract (Construction Action). The Truongs hired Larry Ring, Esq., who filed a cross‐complaint against Kohl in August 2013. Larry Ring withdrew from representation of the Truongs in May 2014. The Truongs then retained the law firm Nageley, Meredith, & Miller, Inc., where attorneys Jim Keowen and Andrew Weil (Keowen and Weil, respectively) handled m...

Excerpt: ...mended Class and Representative Action Complaint (SAC), Defendant Roofline, Inc. (Defendant) is a roofing and building material supplier and delivery company. (SAC, ¶ 14.) Plaintiffs and other non‐exempt employees were required to load heavy building materials from Defendant's warehouse to flatbed trucks, and then deliver the orders to Defendant's customers or job sites. (SAC, ¶ 15.) On November 27, 2019, Plaintiff Gary Sifuentes filed a clas...

Excerpt: ...smissing Plaintiff's putative class/representative action claims in accordance with the class/representative action waiver contained in the DRP; and staying this action until an arbitration was conducted and concluded. Plaintiff opposes the motion, arguing his PAGA claim cannot be compelled to individual arbitration because (1) Iskanian v. CLS Transp. Los Angeles, LLC (2014) 59 Cal.4th 348, bars individual arbitration of PAGA claims as against pu...

Excerpt: ...udgment or summary adjudication if all the papers submitted show that there is no triable issues as to any material fact and that the moving party is entitled to judgment as a matter of law. (Code Civ. Proc. § 437c(c); Mann v. Cracchiolo (1985) 38 Cal.3d 18, 35.) Section 437c(c) imposes an affirmative duty on a court to grant a summary judgment motion in an appropriate case. (Preach v. Moister Rainbow (1993) 12 Cal.App.4th 1441, 1450.) The Court...

Excerpt: ... and Plaintiff fails to show that any classification adopted by the Tiered Registry Law is not rationally related to any conceivable state objective. The demurrer is ruled on as follows. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06(D). Counsel for moving party is directed to contact opposing party forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling...

Excerpt: ...21, by the Hon. Cecily Bond (ret.) in Respondent's favor. The arbitration arose from Petitioners' claims for intentional misrepresentation, breach of contract and the breach of covenant of good faith and fair dealing in connection with Respondent's sale of Insight Computing, LLC and Shedlight Technology, LLC to them. Petitioners claimed that Respondent provided inaccurate and misleading information regarding the financial condition of the compani...

Excerpt: ...eks to seal the entirety of Kathryn Hoops' deposition transcripts which are exhibits C‐E in support of the motion for summary judgment. Defendant contends that the transcripts contain proprietary, confidential and private information. Defendant also seeks to seal portions of its memorandum of points and authorities, and portions of its separate statement in support of its upcoming motion for summary judgment that reference Helberg's declaration...

Excerpt: ...leging causes of action for breach of contract, breach of the covenant of good faith and fair dealing, “deceit,” “concealment,” based on allegations that Plaintiff charges credit card interest in excess of allowable rates. Cross‐complaint seeks leave to amend his cross‐complaint which he originally filed in March 2019 to delete two causes of action for deceit and fraud to “streamline[] his action into two causes of action which will...

Excerpt: ...r and race and in retaliation for making an internal complaint of discrimination/harassment against her supervisor. At issue on the instant motion are Plaintiff's responses to SMUD's requests for admissions (set one) and the accompanying form interrogatory 17.1 (which asks for facts/witnesses/documents supporting any denial of the request for admissions). The subject discovery relates to Plaintiff's allegations that she suffered severe emotional ...