Excerpt: ...ries, request for admissions, request for production of documents, and form interrogatory 17.1. DFS GREEN argues that the discovery requests exceed the scope of permissible discovery because they exceed the limitations of GALICHA's PAGA Notice and partially pertain to claims outside of the one‐year limitations period that applies to GALICHA's personal claims. The arguments are unpersuasive. 1. The Statute of Limitations Does not Preclude Discov...

Excerpt: ...e Defendant ARE's 11‐3‐22 Request for Judicial Notice (Lease) is GRANTED, to the extent stated below. Evid. Code Sect. 452(d), (h). Incelldx's Opposition brief argues that as Plaintiff, Incelldx was not obligated to attached the Lease to the Complaint in order to state a cause of action for breach of contract. True or not, that is a separate issue from whether Defendant may properly seek judicial notice of the Lease to support its Demurrer. H...

Excerpt: ... and Second Cause of Action for Negligent Misrepresentation is OVERRULED on the ground that these claims are preempted by the Railway Labor Act (“RLA”) because they arise under or require interpretation of the collective bargaining agreement (“CBA”) between United and Defendant Association of Flight Attendants‐CWA, AFL‐CIO (“AFA”). The Court previously overruled United's Demurrer on this same ground as to the First Amended Complai...

Excerpt: ...3rd COA for Fraud or Non‐Disclosure; 4th COA for Fraud – Intentional Misrepresentation; 5th COA for Fraud – Negligent Misrepresentation As in the case of Defendant Snowflake's Demurrer, these fraud causes of action do not state a claim for relief. Taking Plaintiff's allegations as true that Defendants had decided to hold an IPO, knew that the IPO would increase the price per share, and withheld the information from Plaintiff in order to ind...

Excerpt: ...s of fraudulent concealment with sufficient specificity and therefore may not recover punitive damages. According to Defendant, “As outlined in AHM's demurrer (filed concurrently with this motion to strike), the fraudulent concealment claim is barred for a myriad of reasons, including that AHM did not owe a duty of disclosure as a matter of law and the claim is barred by the Economic Loss Doctrine.” MPA, p.3. Defendant asserts that “Because...

Excerpt: ... defective because none of the supporting medical/hospital records or the depositions transcripts is properly cited. Dr. Kao's Separate Statement, and the 10‐21‐22 Declaration of Dr. Marcus, both repeatedly cite to decedent's medical records, and to portions of deposition transcripts. (See Exhibits to the 10‐21‐22 Kanter Declaration). But none of the medical records or transcripts is properly cited. Code Civ. Proc. Sect. 437c(b)(1) (the S...

Excerpt: ...ction for fraudulent concealment on the grounds that Defendant did not have a duty to disclose material facts relating to the alleged sensing defect. According to Defendant, it did not have a duty of disclosure because it did not have exclusive knowledge of the alleged defect and because there was no direct transaction between the parties. A failure to disclose can constitute actionable fraud in four circumstances: (1) when the defendant is in a ...

Excerpt: ...e First Cause of Action for Intentional Misrepresentation, Second Cause of Action for Negligent Misrepresentation, Third Cause of Action for Interference with Economic Advantage and Opportunity, and Fourth Cause of Action for Intentional Interference with Contractual Relationship is OVERRULED on the ground that the collective bargaining agreement (“CBA”) between Defendant and United Airlines, Inc. (“United”) governs these claims such that...

Excerpt: ... or by telephone due to delays caused by injuries to Plaintiff's counsel. The Court, in its discretion, has opted to reach the merits of the Demurrer. Basis for Defense on Face of Pleading Defendant argues that Plaintiff's statements in Plaintiff's March 2, 2021 letter, attached as Exh. B to the First Amended Complaint, that his Senior Inspector position was temporary, create a bar to recovery because they contradict the allegations that Plaintif...

Excerpt: ... 2022 on the grounds of excusable neglect under CCP § 473(b). According to Mr. Bulaya, who is doing business as KJ Millworks, he did not file a timely response to the Complaint “due to the fact that he was unfamiliar with the United States legal system and he was also in an emotional state which was affected by the recent death of his father‐in‐law.” MPA, p.4. Defendants' motion is procedurally defective. Defendants have not attached a p...

Excerpt: ...ts' 10‐17‐22 Demurrer to Plaintiff Samantha Ai's 8‐30‐ 22 Complaint is SUSTAINED‐IN‐PART and OVERRULED‐IN‐PART, as set forth below. The Demurrer to the Second Cause of Action (breach of contract) is SUSTAINED with leave to amend, for the following reasons. First, the Complaint does not allege/identify whether Plaintiff's alleged 2017 contract with Shoreline Education, Inc. was oral or written. See Code Civ. Proc. Sect. 430.10(g). ...

Excerpt: ...reasons set forth below. 1st COA – Whistleblower Retaliation Plaintiff contends that Defendant cannot establish a claim for whistleblower retaliation in violation of Labor Code § 1102.5 because Defendant fails to allege facts establishing that she was subjected to an “adverse employment action.” In response, Defendant points to the allegation, at Paragraph 110 of the FACC, that “her prospective deals were not approved, she was denied the...

Excerpt: ...Allegations re Antitrust Plaintiff seeks to strike the portions of Defendant's FACC alleging that Defendant engaged in antitrust activity on the grounds that Defendant has not asserted an antitrust claim. Defendant responds that “The details of the alleged or believed antitrust constitute the factual pleading elements of her claims under the first, and second causes of action.” Opp., p.4. While Defendant has not alleged an antitrust claim, De...

Excerpt: ...rther Responses to Requests for Production of Document is DENIED AS MOOT and the Request for Sanctions GRANTED. By this Motion, Plaintiff Banc of America Leasing & Capital, LLC (“BALC”) sought to compel the further responses of Defendant and Cross‐ Complainant St Giab Inc. (“SG”) to a set of requests for production propounded by BALC on December 8, 2021. After the Motion was filed, SG served verified amended responses along with a privi...

Excerpt: ... not party to an arbitration agreement between purchaser and Dealer, when the Dealer brings a motion to compel arbitration. The Felisilda case does not, however, address the primary issue, which is whether the nonparty automobile manufacturer itself (rather than the Dealer) may bring a motion to compel arbitration. Ford cannot bring this motion. In Felisilda, the auto Dealer moved to compel arbitration. The court granted the motion, including the...

Excerpt: ...(b); Grappo v. Coventry Financial Corp. (1991) 235 Cal.App.3d 496, 504. The moving parties seek a court order bifurcating and ordering separate trials of the Second Amended Complaint (SAC) and the Second Amended Cross‐Complaint (SACC). Having reviewed the parties' briefing and exercising its discretion, the Court declines to do so, for the reasons stated below. First, this is not a case in which, if bifurcation were ordered, the first trial wou...

Excerpt: ...hments referenced therein. The Court, on its own Motion, takes judicial notice of the pleadings filed in this action, including the attachments to Plaintiff's verified Complaint, the Dutra Decl. filed October 6, 2022 in support of Plaintiff's prior Motion to Compel, including its attachments, and this Court's November 10, 2022 Order, pursuant to Cal. Evidence Code § 452(d). Plaintiff's Complaint alleges three causes of action (COA), all for fail...

Excerpt: ...(FAC), filed 8‐29‐22, is DENIED. Code Civ. Proc. Sect. 435; 436. Cirrus' failure to meet and confer. Code Civ. Proc. Sect. 435.5 required that Cirrus, prior to filing this Motion, discuss the substance of the Motion with Plaintiffs, either in‐person or by telephone, in an effort to resolve the dispute without the need for court intervention. The 8‐ 29‐22 declaration of Cirrus' counsel Patrick Bradley does not state how the parties met a...

Excerpt: ...ims raised in the Complaint. This action is STAYED pending resolution of the arbitration proceedings. In this Private Attorneys General Act (“PAGA”) action, Plaintiff asserts a single cause of action seeking civil penalties against Defendants for alleged violations of the Labor Code with respect to himself and to other workers. Defendants seek to compel a portion of this action to arbitration, pursuant to an arbitration agreement contained in...

Excerpt: ... and found Defendant to be the prevailing party. (Defendant's Request for Judicial Notice, Exh. 4.) In any action on a contract where the contract provides for an award of attorney's fees and costs, the prevailing party shall be entitled to reasonable attorney's fees. (Civil Code § 1717(a).) Defendant establishes that it is entitled to recover reasonable attorney's fees as the prevailing party in this action pursuant to Civil Code section 1717. ...

Excerpt: ...ds even if statutory relief is unavailable.” (Luxury Asset Lending, LLC v. Philadelphia Television Network, Inc. (2020) 56 Cal.App.5th 894, 910, reh'g denied (Nov. 24, 2020), review denied (Feb. 10, 2021), quoting Rappleyea v. Campbell (1994) 8 Cal.4th 975 [quotation marks, brackets, and ellipses omitted].) “One ground for equitable relief is extrinsic mistake—a term broadly applied when circumstances extrinsic to the litigation have unfair...

Excerpt: ... this in her MP&A, where she requests a new trial at 3:12, and in her proposed order which requests a new trial rather than proposing a change to an order. Defendant's Notice of Motion provides notice only of a request pursuant to §1008 and not a request for a new trial. However, courts may interpret a motion bearing one label as a different type of motion, including in the case of a motion for reconsideration being construed as a motion for a n...

Excerpt: ...tion is DENIED. Defendants seek to compel a portion of this PAGA action to arbitration, pursuant to the an arbitration agreement set forth in Field Nation, LLC's “Provider Terms and Conditions.” Agreements to arbitrate are valid, irrevocable, and enforceable. (9 U.S.C. § 2.) And, when litigating parties have agreed to arbitrate a dispute, either party may petition for an order compelling the dispute to arbitration and staying judicial procee...

Excerpt: ...IE WONG. Plaintiff properly served Defendants B. CLAIRMONT, M. CLAIRMONT, and DENISE RUBEY by electronic service, pursuant to Code of Civil Procedure section 1010.6(e).) Each of these defendants is represented by counsel, and Plaintiff's counsel confirmed the validity of their respective attorneys' email addresses. Defendant YANNIE WONG is self‐represented. Section 1010.6 is silent on the subject of e‐service on unrepresented parties, other t...

Excerpt: ... PORTFOLIO SERVICING, INC. TENTATIVE RULING: Defendants' Demurrer to Plaintiff's Complaint is SUSTAINED as to each Cause of Action (“COA”) with leave to amend pursuant to Cal. Code of Civ. Proc. § 430.30(e). 1st COA – Negligence Plaintiff alleges that “On or around the year, 2007, Plaintiff via Elizabeth B. Shoaga, was approved and accepted to purchase the same property subject to the existing loan or liens or the alternative pursue a �...