Excerpt: ...age-and-hour class and representative action. Plaintiff was employed by Defendant as a cook from February 2020 through approximately July 22, 2022. Her operative First Amended Complaint (FAC) alleges violations relating to (1) overtime wages; (2) minimum wages; (3) meal periods; (4) rest breaks; (5) wage statements; (6) sick pay; (7) wage timeliness; (8) waiting time penalties; as well as (9) violation of the unfair competition law; and (10) civi...

Excerpt: ...aint. It is not enough that the complaint might be time-barred. (Committee for Green Foothills v. Santa Clara County Bd. of Supervisors (2010) 48 Cal.4th 32, 42; Roman v. County of Los Angeles (2000) 85 cal.App.4th 316, 324-325; stueve Bros. Farms, LLC v. Berger Kahn (2013) 222 cal.App.4th 303, 321.) If the dates in question are not shown on the face of the complaint, there is no ground for general or special demurrer (dates not being essential t...

Excerpt: ...information. Based on these allegations, plaintiffs initially commenced suit on March 24, 2022 for (1) breach of express warranty under the Song-Beverly Consumer Warranty Act (the Act); (2) breach of implied warranty under the Act; and (3) fraudulent inducement — concealment. In response to the lawsuit, Honda demurred to the third cause of action and moved to strike the request for punitive damages. The Court sustained the demurrer with leave t...

Excerpt: ... transmission, and breaks. She further alleges that, despite a reasonable number of attempts, the Defendant was unable to fix the vehicle. Further that the manufacturer failed to replace or make restitution, as required by the Song-Beverly Act (Act). On August 25, 2022, Plaintiff filed a Complaint against the vehicle's dealer and manufacturer, alleging (1) violation of Act — breach of express warranty (against manufacturer); (2) violation of th...

Excerpt: ...derstanding of the amount that is in controversy and the realistic range of outcomes of the litigation." (Munoz v. BCI Coca- cola Bottling co. (2010) 186 cal.App.4th 399, 409-410, quoting Kullarv. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116.) Here, notably absent in the Page 5 submitted declaration is any analysis or even indication of the amount in controversy. (See Matavosian Decl., generally.) The Court declines to speculate on valuati...

Excerpt: ...d confer may subject that party to sanctions by the Court. Demurrer: 1. Statute of Limitations Re First through Third Cross-claims: The demurrers are overruled. It is not clear from the face of the pleading whether or not fraudulent or negligent conduct of Plaintiff, Cross-Defendant Zhu is alleged with respect to the quiet title, breach of fiduciary duty and accounting claims. These are subject to different statute of limitations. (See Code Civ. ...

Excerpt: ... paragraph; and must state whether the challenge is to the entire pleading or to some specific cause of action therein. (Cal. Rules of Court, rule 3.1320(a).) Here, although Defendant's notce of hearing and memorandum contain passing references to uncertainty, Defendant's demurrer only includes a single ground for demurrer—that Plaintiff failed to plead facts suffcient to state a cause of action. (See Dem 3.)1 Thus, the Court construes Defendan...

Excerpt: ...must make himself available to oral and telephonic communications from defense counsel if he remains self-represented. Plaintiff is urged to seek legal representation in this acton. Plaintiff filed exhibits in his Opposition to the Demurrer. This is improper as the Court may only consider the Complaint and matters to which it can properly take judicial notice. Therefore, the Court did not consider these exhibits. Motion to Compel Deposition Subpo...

Excerpt: ..." - a staffing agency] and Kaiser Foundation Hospitals ("Kaiser") as an Administrative Coordinator on June 16, 2021. On August 4, 2021, Plaintiff was in a serious car accident which caused injury to her feet and legs. After she took two weeks off to recover, Plaintiff returned to work with a walker. (Complaint, 19-21.) In the year following her return Plaintiff would spontaneously lose use of her legs and required accommodations such as no prolon...

Excerpt: ...d on June 20, 2020 as a result. Plaintiffs filed their original complaint on March 25, 2021, alleging a single cause of action for wrongful death and asserting that the lack of a fence was the cause of the death. On June 14, 2022, Plaintiffs attempted to file a First Amended Complaint, amending to assert four causes: (1) wrongful death — Section 835; (2) wrongful death —Secton 1983 [re denial of care]; (3) wrongful death —Section 1983 [re f...

Excerpt: ...ke, GM contends Plaintiff's request for punitive damages is improper as it is not supported by the allegations. Both motions are supported by a meet and confer declaration from attorney Jesse Valencia. Plaintiff opposes both motions and GM has replied. DISCUSSION The Fourth Cause of Action for Concealment An overview of the law "[T]he elements of an achon for fraud and deceit based on a concealment are: (1) the defendant must have concealed or su...

Excerpt: ...wn purposes and to pay other investors as part of a pyramid scheme. The Judicial Council Form Complaint filed April 2, 2021, seeks damages of $302,800 for the unpaid promissory note, interest and attorneys' fees. The Complaint lists Daluvoy, Interstate, and Daluvoy's wife, Devi Daluvoy as the three Defendants. At issue is Daluvoy's Moton to Set Aside Default. Service/Default History The docket shows Plaintiff first sought Default on October 27, 2...

Excerpt: ...uses of action: (1) breach of fiduciary duty, (2) intentional misrepresentation, (3) fraudulent concealment, (4) negligent misrepresentation, and (5) negligence. On May 1, 2023, The Court granted Defendant HT Realty's motion to strike from the complaint the punitive damage and attorney fee prayers with leave to amend. On May 19, 2023, Plaintiffs filed their First Amended Complaint ("FAC") alleging the same five causes of action as the original Co...

Excerpt: ..., as Plaintiff has failed to demonstrate good cause for supplemental responses to these overbroad requests. As to Requests for Sanctions: The Court would decline to impose sanction. The Court finds substantial justification in that Plaintiffs failed to fully exhaust the meet and confer process prior to bringing their motion and, in fact, were not fully successful in their efforts. Case Summary This is a lemon law case. On August 2, 2022, Plaintif...

Excerpt: ...ntial value].) As to the Demurrer: The Court would SUSTAIN the demurrer with thirty (30) days' leave to amend. Case Summary This is a representative action pursuant to the Private Attorneys General Act (PAGA). Plaintiff filed his original complaint on January 7, 2021, seeking to represent aggrieved employees seeking penalties in the statutory period for violations relating to (1) minimum wage; (2) overtime wages; (3) accurate records; (4) rest br...

Excerpt: ...per, alleged causes of action for breach of contract and a common count. Placencia specified damages of $78,500 in the prayer, $10,000 in the breach of contract cause of action, and $88,600 in the common count cause of action. Poblano, also acting in pro per, filed an answer on January 24, 2022. Poblano retained counsel and a substitution of counsel was filed on June 22, 2022, stating he was now represented by M.C. Earle. On October 7, 2022, Plac...

Excerpt: ...attorney's fees are "allowable costs." (Code Civ. Proc., 51033.5, subds. (a)(10)(A), (8), & (C); Santisas v. Goodwin (1998) 14 Cal.4th 599, 606.) Page | 2 Costs statutes are to be strictly construed. (Sequoia Vacuum Systems v. Stransky (1964) 229 Cal.App.2d 281, 289.) If the items appearing on a costs bill appear to be proper charges, the party seeking to tax costs bears the burden of showing they are not reasonable or necessary. If the items are...

Excerpt: ...Center (Golden Home), which is owned and operated by defendant Letitia Isai (Isai; together, Defendants). Taylor alleges Defendants failed to account for her high risk of falls and she sustained falls resulting in a fractured humerus and an acute right femur fracture, and then failed to seek out medical care for her. Taylor's complaint alleges four causes of action: (1) Elder abuse under Welfare & Institutions Code 515600, et seq.; (2) negligence...

Excerpt: ...meliness; (6) final pay; (7) record maintenance; (8) wage statements; (9) improper calculation and provision of sick leave; (10) unfair competition law; as well as (11) civil penalties underthe Private Attorneys General Act (PAGA). After commencing litigation, the parties informally exchanged policy and payroll documents and other information sufficient to allow early mediation. Thereafter, on January 5, 2023, the parties engaged in a full-day, a...

Excerpt: ...ity); San Bernardino County Sheriff's Department, and K. Garc:ia Payton. On September 6, 2023, Plaintiff filed a combined opposition and on September 11, 2023, Defendants filed a combined reply. Analysis Gov. Code, S 815, Absence of Liability for injury except under statute; Liability as subject to statutory immunity and defenses, states: Except as otherwise provided by statute: (a) A public entity is not liable for an injury, whether such injury...

Excerpt: ... negligence and intentional tort. Within each cause Plaintiff asserts allegations of (1) failure to provide habitable dwelling; (2) breach of covenant of quiet enjoyment; (3) negligent infliction of emotional distress (NIED); (4) violation of Los Angeles Municipal Code, section 151.00; (5) violation of Los Angeles Municipal Code, section 161.903.3.3.2; and (6) retaliatory eviction. Generally speaking, the Complaint asserts that Plaintiff leased a...

Excerpt: ... trustees of the Mark Crabtree and Anju Sharma Living Trust 2015 dated February 10, 2015, filed their complaint against Defendants Optimal Technology, LLC, Athanor Environmental Services, lnc„ National Environmental Services, LLC, and Golden Bank (Doe 1). Property in Boron was purportedly contaminated after a fuel pipeline was breached by drilling. The drilling occurred as the result of defendant Golden Bank's "Phase II Investigation" or due di...

Excerpt: ...t thirty (30) days leave to amend. Case Summary This is, essentially, a breach of contract and conversion case. On or about June 16, 2017, Plaintiffs' mother entered into a written agreement for three (3) storage units, owned and operated by 3855 IH 35 North, LLC (sued as "Phelan Self-storage"). The storage units were necessary to store "personal property," including various family heirlooms. The units were being paid by automatic withdrawal from...

Excerpt: ...ssume, to some extent, what evidence will presented and that issues are germane, which may not turn out to be the case. The Court reserves the right to exclude any such evidence upon proper objection during the trial depending upon what at trial. The denial or grant of these motions is without prejudice. Where either party has sought to limit argument of the other party, the motion is denied. Motons in limine are used to preclude evidence. Many o...

Excerpt: ... legal cause; and (4) damage to plaintiff. (George A. Hormel & Co. v. Maez (1979) 92 Cal.App.3d 963, 965; 4 Witkin Cal. Proc. Plead S 537.) Page | 2 In this case, the form-SAC contains the cursory elements of a negligence claim as the pleading indicates all defendants owed a duty, breached the duty, and that the breached caused negligence. (See SAC at pp. 23-26.) In the demurrer, the focal point is whether a duty of care was owed between Ferra an...