Excerpt: ...tion of Emotional Distress. Kassing provides a noticed motion, declaration of counsel, Declaration of Cesar Olvares (“Olvares”) (Exhibit A), points and authorities, and a copy of the proposed cross -complaint. These causes of action must be raised by cross -com plaint as failure to plead them will bar defendants from asserting it in any later lawsuit (The Rutter Group, Cal. Prac. Guide Civ. Pro. Before Trial Ch. 6 -D, § 6:511 [citing CCP §4...

Excerpt: ...gence o n conclusions versus the ultimate fact. To plead negligence, the plaintiff must allege (1) legal duty, (2) breach of the legal duty, (3) causation, and (4) damages. (Brown v. USA Taekwondo (2021) 11 Cal.5th 204, 213.) An NIED claim is a general neglig ence claim. (Burgess v. Superior Court (Gupta) (1992) 2 Cal.4th 1064, 1072; Delfino v. Agilent Technologies, Inc. (2006) 145 Cal.App.4th 790, 796, fn. 4.) It is analyzed under either a byst...

Excerpt: ...ROUND On June 15, 2021, Plaintiff Omar Muro filed his complaint in Case No. CIVSB2116995 against multiple defendants, including LGMK Engineering, Inc. d/b/a/ Hadley Engineering [esa “Thomas Hadley d/b/a Hadley Engineering”]. In his complaint, whic h includes causes of action 23 for negligence and premises liability, Muro alleges the defendants were negligent in relation to the design and construction of a building, which resulted in the coll...

Excerpt: ...rucki ng Health Benefit, et al. Respondent(s): Plaintiff THC -Orange County, LLC Case No. CIVSB2305453 CASE BACKGROUND This is a breach of contract litigation by Plaintiff THC Orange County (“Plaintiff”) against Defendants Gardner Trucking Health Benefit P lan, et al. (collectively “Defendants”). Complaint. On February 2, 2023, Plaintiff filed its Complaint alleging the (1) Breach of Written Contract; (2) Fraudulent Misrepresentation; ...

Excerpt: ...�led its initial Complaint against Prefab Granite & Tile Depot, Inc. (Prefab) and Zabi Kader (collectively, Defendants). On June 1, 2023, Defendants filed a Demurrer to that Complaint's secon d cause of action for intentional interference with prospective economic advantage and the third cause of action for negligent interference with prospective economic advantage. Rexford failed to oppose the Demurrer. At the July 11 27, 2023 hearing on the De...

Excerpt: ...e untimely so the objections were stricken but the responses remain. (Aiso Decl. at ¶5, Exh. A; Bergerson Decl. at p. 2:7 -24; 10/5/23 Minute Order.) Since no documents were produced, Plaintiffs Taylor and El la move to compel compliance with the October 5, 2023 Order (“10/5/23 Order”). Defendant Avis opposes. Plaintiffs Taylor and Ella reply. DISCUSSION Plaintiffs are seeking an order to compel Avis to produce documents per the 10/5/23 Orde...

Excerpt: .... He died (¶¶6163, 65, 67-70, 76). Defendant Sigma demurs to the 1st - 3rd causes of action. Plaintiff Michalski opposes. Defendant Sigma replies. DISCUSSIONS Judicial Notice Defendant Sigma requests judicial notice of two Superior Court ruling s from Los Angeles Superior Court and Sacramento Superior Court (Exhs. 1 -2). The Court DENIES the request as no applicable ground exists to judicially notice a superior court ruling. Analysis Procedural...

Excerpt: ...n November 2, 2020, Plainti
¯ sought to represent all non-exempt current and former employees in California during the stator period. Plainti
¯ served the LWDA with a notice of violations, and Þled a 3 Private Attorneys General Act (PAGA) complaint on January 11, 2021. The two matters were consolidated on November 15, 2021. After commencing litigation, the parties informally exchanged policy and payroll documents and other information su
¯ici...

Excerpt: ...nt since Foldcraft was the designer and manufacturer of the booth Plainti
¯ was seated on before the incident occurred. Foldcraft does not dispute that it designed and manufactured the wall mount booth, but contends the table at issue was not a Foldcraft product. At the time of this Þling, no parties have been able to identify the designer or manufacturer of the table (as opposed to the booth). Foldcraft's general commercial liability insurance...

Excerpt: ...“Rodriguez”) stood in ront o Plainti
¯s o
¯ice doorway e
¯ectively blocking it as Plainti
¯ tried to exit. When Plainti
¯ asked Rodriguez to move, he laughed and asked her, “Tienes miedo?” which translates to “Are you araid?” Plainti
¯ replied, “Araid o what?” as she stepped back and asked Rodriguez to move again so she could exit. Not moving away rom the door Rodriguez replied, “Dejame darte una nalgada con esos pa...

Excerpt: ...corporation; v. VAHAK VARTANIAN, an individual doing business as Vartanian on Wheels and VOW Automotive; and DOES 1 through 35, inclusive. VAHAK VARTANIAN, an individual v. 3 ARSEN H. VARTANIAN, an individual; EDGAR PORTILLO, an individual; and ROES 1-20, inclusive. Motion: Motion to Strike and Demurrer to Cross-Complaint Movant: Cross-Defendants Arsen H. Vartanian and Edgar Portillo Respondent: Cross-Complainant Varak Vartanian Case No. CIVSB221...

Excerpt: ...4th 116, 126; Reed v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has “broad discretion in making this determination.” (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include “the strength of the plainti
¯s case, the risk, the expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount o...

Excerpt: ...retention and supervision. Alternatively, Sta
¯mark motions under section 437c(f) of the Code of Civil Procedure for summary adjudication, alleging the two causes of action are without merit. The Complaint's General Negligence Cause of Action “The rule of respondeat superior is familiar and simply stated: an employer is vicariously liable for the torts of its employees committed within the scope of the employment.” (Lisa M. v. Henry Mayo New...

Excerpt: ...y-one days after receipt of his right-to-sue letter from the EEOC and thus, the instant action under federal law would be barred under the applicable statute of limitations. The Complaint's Þrst, second, third and fourth Causes of Action Under Title VII The running of the statute must appear “clearly and a
¯irmatively” on the face of the complaint. It is not enough that the complaint might be time-barred. (Committee for Green Foothills v. S...

Excerpt: ...opposition. Plainti
¯ Derek Þled a joint reply. Analysis Procedurally, the parties met and conferred. (Walton Decl. at ¶¶3b-4b, 5-6, Exhs. DG.) Furthermore, the motions are timely in light of the granted 2-week extension. (Walton Decl. at ¶4b, Exh. E.) Substantively, the Þrst issue is the lack of veriÞcations from Defendant ZamÞr. To RFAs #39, 46, 52- 53, and 61-63, ZamÞr either admitted or denied the RFA, and to RFAs #45, 47-48, 57, & 5...

Excerpt: ... a wage-and-hour class action. Plainti
¯ alleges he worked or Deendants Changing Lives Sta
¯ing (a sta
¯ing company) and Nongshim (a ood manuacturing company) as a non-exempt employee until December 10, 2022. On May 11, 2023, he Þled suit seeking to represent all similarly situated non-exempt, hourly employees working or D e e n d a n t s i n C a l i o r n i a d u r i n g t h e s t a t u t o r y period. His suit alleges violations rela...

Excerpt: ...“Ford”). (Complt. ¶15.) The vehicle allegedly incurred defects and nonconformities and was delivered to Fords repair facility, Defendant Ford of Upland, LLC (hereinafter, “Upland Ford”) for repair, but neither Ford nor Upland Ford (hereinafter, collectively, “Defendants”) were able to conform the vehicle to the warranty terms after a reasonable number of attempts. (Id. at ¶¶ 16-19, 41-43.) Ford also allegedly failed to repurchase ...

Excerpt: ...Plainti
¯ renders this part of the Demurrer moot. Page | 2 1) Whistleblower Argument – 4th cause of action (Retaliation) The second theory asserted in the 4th cause of action for Retaliation, is that Plainti
¯ was retaliated against for her whistleblowing activities, citing Labor Code, section 1102.5 in ¶81 of the Complaint. In ¶79, Plainti
¯ alleges: Defendants Liberty and Independence, acting through Lashley, whom they had given de facto...

Excerpt: ...emoval. A certiÞed copy of the order of remand shall be mailed by the clerk to the clerk of the State court. The State court may thereupon proceed with such case. (28 U.S.C. § 1447(c) [emphasis added].) 3 add two additional representative plainti
¯s2 and to allege class claims for (1) wage violations; (2) wage statement violations; (3) waiting time penalties; (4) failure to reimburse; (5) FLSA minimum wage violations; (6) unfair competition in...

Excerpt: ...y of their burden. It is still the moving party's burden to prove he or she is entitled to judgment. (Villa v. McFerren (1995) 35 Cal.App.4th 733, 743-745; FSR Brokerage, Inc. v. Superior Court (Blanco) (1995) 35 Cal.App.4th 69, 73-74, fn. 4.) Page | 2 Request for Judicial Notice Best asks to the Court to take judicial notice of the following pursuant to Evidence Code, sections 452 and 453 (without further clariÞcation). “Judicial notice is th...

Excerpt: ...respond to Question 5. She is also ordered to serve an objection-free response to RFP 6 within Þfteen (15) days. However, she need not respond to RFP 14. The Court would further GRANT sanctions. Plainti
¯ will pay Defendant JBGC $1,500, within thirty (30) days. 3 Relevant Facts This matter is, in essence, an emotional distress claim. After Plainti
¯s' minor daughter passed, they sought casket and funeral services from Defendants. They allege t...

Excerpt: ... Amy Chacon Þled this sexual harassment action against her landlord, Defendant Rajbir S. Husson. Plainti
¯'s o p e ra t i v e F i r s t Amended Complaint (FAC), Þled February 10, 2023, includes six causes of action: (1) sexual harassment/discrimination 4 (Gov. Code, §12955); (2) violation of Civil Code section 51.9; (3) violation of the Unruh Act (Civ. Code, §§51, 52); (4) assault; (5) battery; and (6) intentional inßiction of emotional di...

Excerpt: ...ehalf of Arthur Lozano (“Arthur”). The complaint alleges that as a result of the negligence of the Defendants, Karen was rendered neurologically impaired and no longer able to care for herself, work or support her family. The Complaint alleges, prior to and on April 22, 2021, Karen was evaluated for complaints of pain relating to her cervical spine. She was admitted to Victor Valley Global Medical Center (“Victor Valley” or “VVGMC”) b...

Excerpt: ...s; (3) meal periods; (4) rest breaks; (5) Þnal pay; 5 (6) wage statements; as well as for (7) violation of the unfair competition law. Plainti
¯ also sent a letter to the LWDA in order to perfect her Private Attorneys General Act (PAGA) claim, and on August 17, 2022, she Þled a First Amended Complaint (FAC) to add an additional cause for (8) civil penalties available pursuant to PAGA. On April 12, 2023, Plainti
¯ Þled a Second Amended Compla...

Excerpt: ...te demur on the grounds of Code of Civil Procedure section 430.10, subdivision (c). This provision provides a demurrer lies when another action is pending between the same parties on the same cause of action. (Code Civ. Proc., §430.10, subd. (c); Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781, 787 [“Plant Insulation”].) If the Court sustains a demurrer under this subsection, the proper order is not dismissal, but abatemen...

Excerpt: ...ntive programs to lower their tax burdens. It asserts that it maintained trade secret, proprietary, and conÞdential systems to further its business. It further alleges that it hired Defendant Gan on April 9, 2018, via a Membership Admission Agreement and that, despite contractual obligations to maintain the conÞdentiality of those systems, Defendant Gan accessed and copied company Þles and secretly applied for employment at Specialty Tax Group...

Excerpt: ...omponent repair codes (No. 39). Plainti
¯s also seek, without any limitation, documents su
¯icient to show all customer complaint codes from 2018 to present (No. 40), and operation codes provided to authorized dealerships from 2018 to present (No. 41). GM responded with objections, including the requests seek conÞdential, proprietary, and trade secret information, and stated that no documents will be produced. The Court denies the motion to RF...

Excerpt: ... action. Plainti
¯ alleges a variety of wage-and-hour violations which allegedly occurred during his employment for Defendant. On January 25, 2019, Defendant removed this matter to the federal District Court. On June 11, 2019, Plainti
¯ Þled his operative First Amended Complaint (FAC), which alleges violations relating to (1) meal periods; (2) rest breaks; (3) overtime wages; (4) minimum wages; (5) Þnal pay; (6) maintenance of required record...

Excerpt: ...hicle was sold to Defendant Kheterpal and that he was not paid any portion of the sales price. He alleges that he did not learn of the sale until midFebruary 2021. Despite promises to pay, he alleges the sales money was never provided. On that basis, he reported the vehicle stolen on March 1, 2021. The vehicle was thereafter retrieved at Defendant Kheterpal's residence. Plainti
¯ asserts damage while in Kheterpal's possession and necessary repai...

Excerpt: ...llenge to the correctness of the order itself, but Spring Valley's proper course would have been to seek appellate review of the order. (Code Civ. Proc., § 904.1, subd.'s (a)(11)-(12) and (b).) The purported erroneous nature of the order does not excuse a failure to obey with its terms. (Marriage of Niklas (1989) 211 Cal.App.3d 28, 34-35.) The RFA No.'s 79-80, 82-83, 85- 86, 88-89, 91-92, 94-95, 97-98, 100-101, 134, 136, 140, 154, 191, and 296 A...

Excerpt: ... actions. In the Ruiz matter, the proposed class includes all of Defendant Bright Sky's hourly, non-exempt employees for statutory period of four years prior to Þling. Ruiz Þled suit on August 15, 2022, alleging violations related to (1) minimum wages; (2) overtime; (3) meal periods; (4) rest breaks; (5) reimbursements; (6) Þnal pay; (7) wage statements; as well as claims for (8) violation of the unfair competition law, and (9) civil penalties...

Excerpt: ... (7) Compel further responses to requests for admission [from Mauricio & Federico / unopposed] Movants: Defendants Valley Transmission and Auto Repair, Inc., Edward Whittingslow, and Robert Larsen Respondents: Plainti
¯s Federico Martinez and Mauricio Martinez I. RELEVANT PROCEDURAL/FACTUAL BACKGROUND At issue are seven discovery motions Þled by Defendants—motions to compel each plainti
¯'s further responses to form interrogatories, special ...

Excerpt: ...ainty. First Cause o Action – Inverse IndemniÞcation Page | 2 An inverse condemnation claim arises when “there [is] an invasion or an appropriation o some valuable property right which the landowners possesses and the invasion or appropriation must be directly and specially a
¯ect the landowner to his injury.” (Border Business Park, Inc. v. City o San Diego (2006) 142 Cal.App.4th 1538, 1548.) A claim or inverse condemnation requires t...

Excerpt: ...d because of the negligence of defendants Ontario Mills L.P., Simon Property Group, Interstate Cleaning Corporation, National Janitorial Solutions, Inc., and Marc Smith. Odeh then commenced suit against the defendants on June 23, 2023, alleging that each of the defendants negligently owned, maintained, managed, and operated the property. The form-complaint has two attachments outlining claims for premise liability and general negligence. However,...

Excerpt: ...ollectively, Defendants) on March 20, 2023. Plainti
¯ Þled his First Amended Complaint (FAC) on April 19, 2023, alleging seven causes of action: (1) elder abuse; (2) fraud; (3) unfair, fraudulent, and Unfair Business Practices Act- Cal. Bus. & Prof. Code Section 17200 et. seq.; (4) 7 undue inßuence; (5) intentional inßiction of emotional distress; (6) violation of California Business and Professions Code and (7) violation of the California We...

Excerpt: ...e Motion to Strike Þled by Defendants Robertson's Transport, LTD., Robertson's Ready Mix, LTD., Michael R. Howard, RRM Development, and RRM Properties, LTD. (“Defendants”). Defendants seek to strike the allegations concerning the demand for punitive damages within the Shadwick's Complaint. SpeciÞcally, the moving Defendants seek to strike paragraphs 113, 123, 135, and 199215, and paragraph 7 of the prayer for relief. Plainti
¯s Shadwick, e...

Excerpt: ...ponse to Supplemental Special Interrogatories as to Kelsea Moscatel Movant: Defendant Best Buy Stores, L.P. Respondents: Plainti
¯s Cole and Kelsea Moscatel Page | 2 The Motions to Compel Further SRog Responses An overview of the law A motion to compel further responses is available when the party to whom the interrogatories were directed gave responses deemed improper by the propounding party; e.g., objections, or evasive or incomplete answers....

Excerpt: ...onal distress; (4) breach of express and implied covenant of quiet enjoyment; (5) negligent violation of statutory duties; and (6) violation of Business and Professions Code section 17200 et seq. Plainti
¯s allege Defendant is the owner of real property located at 14231 Petaluma Court in Victorville, California (the Property). Plainti
¯s allege during an undisclosed time in which Plainti
¯s occupied the Property, Defendant breached the implied...

Excerpt: ...1-50, inclusive Motion(s): Motion for Summary Judgment Movant(s): Defendants and Cross-complainants Ahmad Salamah, individually and dba A&A Auto Sales Respondent(s): Plaintiffs Mario Lalama and Noemi Lalama Discussion Analysis The undisputed Material Facts. Defendants submit 13 undisputed material facts (UMFs). In sum, the parties agree that this lawsuit arises out of an accident that occurred on June 26, 2019 in which Mario Lalama was driving hi...

Excerpt: ... January 11, 2024, Olmos and Cross-complainant filed his Opposition to Brancato's Special Motion to Strike, along with the declaration of attorney Edward M. Palmer (Decl. Palmer) in support thereof. On January 18, 2024, Brancato filed her Reply to Olmos' Opposition. Discussion and Analysis Brancato moves this Court for an order striking the following causes of achon and specific related allegations in the Cross-complaint filed by Olmos: (1) Secon...

Excerpt: ...Civ. Proc., S 2031.310.) This Page | 3 motion can be utilized to attack a response containing objections, an agreement to comply that is incomplete, or a statement of inability to comply that is incomplete or evasive. (Code Civ. Proc., S 2031.310, subd. A motion for an order compelling further responses "shall set forth specific facts showing good cause justifying the discovery sought by the demand." (Code Civ. Proc., S 2031.310, subd. (b)(l); Ki...

Excerpt: ...for a remodel project, Specialty Builders, Inc. ("Specialty Builders"). This case was filed on September 5, 2023, after Specialty Builders filed its own action against Guerra, for Breach of Contract and Foreclosure of Mechanic's Lien, and asking for Arbitration under the Contract (Case No. CIVSB 24 2319301; Dept. S14). There have been notices of related cases filed in each department and the cases have been deemed related by each Court. The relat...

Excerpt: ...provide a procedure for the summary determination of whether a valid agreement to arbitrate exists, and such summary procedure satisfies both state and federal law. (Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th394, 413.) Under Code of Civil Procedure section 1281.2, a party to an arbitration agreement may move to compel arbitration if another party to the agreement refuses to arbitrate, and the court shall order the parties ...

Excerpt: ...fendant American Honda Motor Co., Inc., alleging the following causes of achon: (1) violation of SongBeverly Act — Breach of Express Warranty; and (2) fraudulent inducement-concealment. Plaintiffs' Complaint arises out of their purchase of a new 2018 Honda Odyssey on June 30, 2017. They entered -nto an express warranty, which covered repairs or defects of covered parts for 36 months or 36,000 miles and of the powertrain for 60 months or 60,000 ...

Excerpt: .... United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of the plaintiffs' case, the risk, the expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the e...

Excerpt: ...reaks; (4) minimum wages; (5) final pay; (6) untimely pay; (7) wage statements; (8) recordkeeping; (9) reimbursements; as well as (10) violation of the unfair competition law. Later, and separately, Plaintiff Navarro filed his own wage- and-hour complaint on December 14, 2021, alleging the same causes of action. On September 28, 2022, the matters were consolidated pursuant to stipulated order. After commencing litigation, the parties informally e...

Excerpt: ...REZ, an individual; ERIK REYES, an individual; HUGO RAMIREZ, an individual; DOES 1 to 100, inclusive. Defendants. MIRNA DEYSI CERRITOS FLORES, a nominal defendant; DAVID ENRIQUE FLORES, a nominal defendant; EVIS FLORES, a nominal defendant; HEIDI LIZZETH FLORES, a nominal defendant; and ROES 1 to 30, inclusive. Nominal Defendants. Motion: Good Faith Settlement Movant: Defendant Manuel Ray Gutierrez Respondent: Goodyear Tire & Rubber Company and H...

Excerpt: ...ve wage- and-hour class and PAGA representative achon on November 7, 2019. The allegations at issue include violations relating to (1) meal periods; (2) rest breaks; (3) minimum and overtime wages; (4) accurate wage statements; (5) waiting time penalties; as well as (6) violations of the unfair competition law and (7) civil penalties pursuant to PAGA. The Gutierrez matter additionally sought declaratory relief. After commencing litigation, the pa...

Excerpt: ...o buy real property in Bloomington from Audrey Ray Espinoza, as Trustee of the Frank D. Ray Family Living Trust dated May 16th, 2014 (Espinoza). However, after escrow was opened, Espinoza agreed to sell the property to Cortez Property Management LLC 4 (Cortez). As a result, KCI commenced suit on October 13, 2022, against Espinoza and Cortez. In response to the lawsuit, and on April 17, 2023, Espinoza answered and filed a crosscomplaint against mu...

Excerpt: ...er 2, 2019. He alleges the subject vehicle had a defective transmission, and the defects manifested after the purchase. Despite taking it in for repairs, Plaintiff alleges that Defendant could not repair or remedy. On that basis, Plaintiff filed his initial complaint on August 26, 2023. The current operative Second Amended Complaint (SAC) was filed on May 31, 2023, following a demurrer, and alleges (1) breach of express warranty under the Song-Be...

Excerpt: ...AL BACKGROUND on March 12, 2019, Maribel Leon, Carlos Anthony Leon, Alejandro Leon, David Rodriguez, Nathalia Guadalupe Leon and Alonda Jackeline Leon (collectively, Plaintiffs) 15 filed this action against Thomas William Campbell (Campbell) and the County of San Bernardino (County). Plaintiffs' complaint includes a cause of action for negligence against Campbell and a cause of action for dangerous condition of public property against the County....

Excerpt: ...air, adequate and reasonable." (Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 126; Reed v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of the plaintiffs' case, the risk, the expense, complexity and likely duration of further liti...

Excerpt: ... Case Summary This is a post-judgment collection effort. On February 28, 2022, Judgment Creditor file a renewal of judgment against Defendants. There are currently two hearings set for the examination of Defendants as judgment debtors. Relevant here, on November 7, 2023, Judgment Creditor issued numerous subpoenas for production of business records, mostly to financial institutions. (Walker Decl., 94.) On November 21, 2023, Defendants' counsel se...

Excerpt: ...gainst defendants, Asurion, LLC (Asurion), Christian Lopez, and Does 1 through 30 alleging 21 causes of acton. The alleged causes of action are as follows: 1) Discriminaton Based on Physical Disability; 2) Failure to Accommodate Actual or Perceived Physical Disability; 3) Failure to Engage in Good Faith Interactve Process; 4) Harassment — Hostile Workplace Environment; 5) Intentional Infliction of Emotional Distress; 6) Negligent Hiring, Superv...

Excerpt: ...storage unit door at Defendant's storage facility on December 22, 2021. As such, on May 18, 2022, he filed suit against Defendants for (1) negligence; (2) premise liability; and (3) product liability. Relevant here, on September 26, 2023, Defendants StoreAmerica and Guardian issued a deposition subpoena to Dr. Fardad Mobin, seeking to depose the doctor on October 25, 2023 on the following areas of inquiry: (1) custom and practice for medical lien...

Excerpt: ...FAC) alleges causes of action for (1) violation of Education Code secton 200; (2) violation of the Bane Act; and (3) declaratory relief. The FAC alleges Defendant discriminated against Plaintiff by unreasonably denying his request for a religious exemption from Defendant's COVID- 19 vaccine mandate. (Complaint, 91.) On November 6, 2023, Defendant filed the instant motion for judgment on the pleadings as to the first cause of action Defendant argu...

Excerpt: ...hat Defendant Mays has not established any legal basis to vacate the judgment. Under Code Civ. Proc. S 683.170, subd. (a), "[t]he renewal of a judgment pursuant to this article may be vacated on any ground that would be a defense to an action on the judgment, including the ground that the amount of the renewed judgment as entered pursuant to this article is incorrect, and shall be vacated if the application for renewal was filed within five years...

Excerpt: ...t breaks; (5) final pay; as well as (6) violation of the unfair competition law. The FAC adds causes of action for (7) failure to provide accurate, itemized wage statements; as well as (8) civil penalties pursuant to the California Private Attorneys General Act (PAGA). The Court deemed that FAC as filed on September 6, 2023. The proposed settlement would have Plaintiff represent all current and former non-exempt employees working for Defendant in...

Excerpt: ...tiff experienced various defects that substantially impair the use, value and/or safety of the Subject Vehicle. (Complaint '1 6.). It is also alleged that the defects violate the express written warranties issued to Plaintiff by Defendant manufacturer, as well as the implied warranty of merchantability. (Complaint 7.) The Plaintiff's operative Complaint alleges four causes of action against Defendant: (1) Breach of Written Warranty Pursuant to th...

Excerpt: ...2/31/20); (3) Flowers v. unica' Aviation, Inc. (CIVSB2108699, filed 3/30/21); and, the Flowers companionate claim to recover attorneys' fees for an abandoned arbitration, (4) Flowers v. Unical Aviation, Inc. (CIVSB2106366, filed 5/27/21). In essence, these cases allege: (1) Unpaid overtime; (2) meal period violations; (3) rest period violations; (4) unpaid minimum wages; (5) final pay violations; (6) untimely pay; (7) inaccurate payroll records; ...

Excerpt: ...), but made no other substantive changes to the filing. The Plaintiff's First Amended Complaint (FAC) alleges Plaintiff consulted with Defendants as to her medical and cosmetic concerns. Plaintiff was to receive a neck lift, laser skin resurfacing treatment and platelet-rich plasma therapy on her scalp to promote hair growth. The FAC further alleges that, subsequent to the procedures, Plaintiff experienced pain and discoloration to her lower face...

Excerpt: ... to constitute a valid cause of action pursuant to Code of Civil Procedure sectons 430.10, subdivision (e). Sufficiency of Factual Allegations: Ford argues that Plaintiffs' cause of action for violation of Business and Professions Code section 17200 et seq. (LJCL) is inadequately pled because they do not provide any factual allegations to support their claim that Ford's "business practices" are unfair, unlawful, or fraudulent under Business and P...

Excerpt: ...ok and account stated. Defendant filed an answer with a general denial on June 22, 2023. This motion followed on September 14, 2023. No opposition has been filed. Summary of the Law Summary judgment is proper where there is no triable issue as to any material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., S 437c(c).) The analysis requires three steps: First, the court must identify of the issues framed wit...

Excerpt: ...litigation arises out of the fallout in the purchase of commercial property with misappropriation of confidential work product. On July 12, 2019, Plaintiffs Adrian Comstock ("Adrian"), Comstock Realty Partners, LLC ("CRP"), and Comstock Realty Partners l, LLC ("CRP l") [collectively "Comstock"] filed their Complaint against Penwood Real Estate Investment Management, LLC and Penwood Select Industrial Partners VI, L.P. [collectively "Penwood"l. Wit...

Excerpt: ...0596 CASE BACKGROUND This litigation arises out of the fallout in the purchase of commercial property with misappropriation of confidential work product. On July 12, 2019, Plaintiffs Adrian Comstock ("Adrian"), Comstock Realty Partners, LLC ("CRP"), and Comstock Realty Partners l, LLC ("CRP l") [collectively "Comstock"] filed their Complaint against Penwood Real Estate Investment Management, LLC and Penwood Select Industrial Partners VI, LP. [col...

Excerpt: ...n), San Bernardino County (County of San Bernardino), and San Bernardino County Sheriff's Department. On September 18, 2023, the Court (Judge Keh) sustained a demurrer to the original complaint with leave to amend. The Court also took a concurrently filed moton to strike punitive damages off calendar as moot. On September 25, 2023, Plaintiff filed his operative first amended complaint (FAC) alleging causes of achon for (1) negligence; and (2) bat...

Excerpt: ...jections are OVERRULED. As to the Motion for Joinder: The Court would GRANT ABP's motion for joinder. As to the Motion to Compel Arbitration: The Court would GRANT the motion to compel arbitration of Plaintiff's Eighth through Thirteenth Causes. The Court would STAY the remainder of the action (First through Seventh Causes) pending completion of arbitration. Case Summary This is largely a disability discrimination and wrongful termination case. I...

Excerpt: ...trate that "the settlement is fair, adequate and reasonable." (Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 126; Reed v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of the plaintiffs' case, the risk, the expense, complexity and ...

Excerpt: ...atment. Plaintiff's complaint includes four causes of action: (1-2) breach [and intentional breach] of warranty of habitability; (3) premises liability; and (4) negligence. Now at issue is Defendants' moton to strike Plaintiff's punitive damages claims. Plaintiff filed a timely opposition. Defendants filed a reply (two days late). This motion was initially scheduled for hearing on November 13, 2023. However, on November 8th, the Court (Judge Keh)...

Excerpt: ...Cal.App.2d 366, 370-371 states: A moton to strike a complaint is permitted under section 435 of the Code of Civil Procedure, which provides in relevant part that "The defendant, within the time required in the summons to answer, ... may serve and file a notce of motion to strike the whole or any part of the complaint.... If defendant serves and files such a notice of moton without demurring, his time to answer the complaint shall be extended... (...

Excerpt: ...filed a complaint, alleging a single cause of action for medical malpractice. Statement of the Law California Rules of Court, rules 2.550 and 2.551, discuss sealing court records. A court order is required to seal a record. (Rules of Court, rule 2.551(a).) Code of Civil Procedure, secton 124, and Rules of Court, rule 2.550(c), set the basic policy presumption that "the sittings in every court shall be public" and court records are "presumed to be...

Excerpt: ...ailed to repurchase the vehicle. At issue today is Plaintiff's motion to compel further responses to his request for production of documents. On July 7, 2023, Plaintiff propounded the initial set of written discovery, which includes the Request for Production of Documents ("RFP") at issue. Plaintiff sought documents regarding his vehicle (RFPs ## 1-15), KIA'S policies and procedures for handling Song-Beverly Act cases (RFPs 16-23), KIA'S warranty...

Excerpt: ...as well as (9) violation of the unfair competition law. The complaint alleged a class of hourly, non-exempt employees working as service representatives, tellers, and related positions. On April 26, 2022, Plaintiff filed a First Amended Complaint (FAC) to add a cause of action for civil penalties pursuant to the Private Attorneys General Act (PAGA). Relevant here, on September 13, 2022, Defendant moved to compel arbitration as to the individual a...

Excerpt: ...se for Invasion of Privacy, against the District. The Court would OVERRULE as to the First Cause for Intentional Infliction of Emotional Distress (IIED). As to the Motion to Strike: As a result of the preceding ruling on demurrer, the District's motion to strike is rendered MOOT. Defendant District will file its Answer within thirty (30) days and provide notice of the final ruling in this matter. Case Summary At essence, this is a putative class ...

Excerpt: ...cted categories. Plaintiff Vasek further contends he was denied protected leave. Plaintiff Pellis alleges he was subjected to comments about his sexual orientation, race, and national origin. Plaintiffs further allege that they were retaliated against for their complaints. As a result, they filed suit against Defendant City on December 1, 2022. The operative first amended complaint (FAC) was filed as a matter of right on May 17, 2023. The FAC con...

Excerpt: ...s employer's representatives subjected him to racial slurs and comments and that he was denied raises and promotions. He further alleges that his employer failed to accommodate his disability. Finally, he alleges that he was subjected to a number of wage-and-hour violations, including but not limited to denial of meal and rest periods. On May 27, 2021, he filed a complaint alleging (1) disparate treatment; (2) racial discrimination; (3) disabilit...

Excerpt: ... (UDFS 1804483), Hermenegildo Vicente (Decedent) alleged Vanessa Vasquez and Fidencio Vicente (collectively, Plaintiffs) failed to pay rent for the Premises. Six days later, Plaintiffs commenced a civil achon (CIVDS 1820349) alleging causes of action for: (1) declaratory relief; (2) quiet title; (3) injunctive relief; and (4) willful misconduct. The actions were consolidated and the unlawful detainer action was stayed.l Plaintiffs, along with Ber...

Excerpt: ...Cal.App.4th 116, 126; Reed v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of the plaintiffs' case, the risk, the expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount ...

Excerpt: ... head into the pavement, and caused injuries. As a result, Cervantes filed suit on July 21, 2022 against Stater Bros. for (1) respondeat superior liability, (2) battery, (3) assault, (4) false imprisonment, (5) excessive force, (6) negligent hiring, retention, and supervision, (7) negligence, (8) negligent infliction of emotional distress, and (9) intentional infliction of emotional distress. In response to the lawsuit, Stater Bros. denied the al...

Excerpt: ...l injury action on August 22, 2022, and the summons was issued and filed on October 6, 2022. The complaint was served on defendant on January 21, 2023. Defendant's answer was filed March 15, 2023. The defendant now seeks leave to file and serve a Crosscomplaint for indemnity, contribution and declaratory relief. Ostensibly, Defendant/crosscomplainant Rodriguez is seeking indemnity or contribution from plaintiff/Cross-Defendant Keren Fiore in the ...

Excerpt: ...nst Cross-Defendant Modernize: (1) breach of contract and (2) breach of covenant of good faith and fair dealing. Cross-complainant also prays for "punitive damages according to proof". Cross-Defendant demurs to both causes of action and moves to strike the punitive damage prayer. Demurrer to First Cause of Action — Breach of Contract: The basis of the Cross-Defendant's demurrer to the first cause of action is that Crosscomplainant failed to att...

Excerpt: ...tiff in the amount of $2,000 ($1,000 per unopposed motion). Sanctions are payable within thirty (30) days. Case Summary This is a medical malpractice case. Plaintiff alleges that on November 18, 2018, she was a patient at Defendant Hospital. She alleges that Defendant was negligent in her care and that, as a result, she suffered severe and permanent injuries, as well as mental anguish. As a result, on or about August 16, 2019, Plaintiff filed a c...

Excerpt: ...te being accompanied by express and implied warranties, the vehicle was delivered with serious defects to its engine, CVT warning lights, starter system, and it lost power, among other problems. The vehicle's manufacturer and/or distributor, Nissan North America, Inc. (Nissan), through its authorized repair facility, was unable to fix the vehicle. On January 6, 2022, Plaintiffs commenced the instant action against Nissan and Metro Nissan (collect...

Excerpt: ...Plaintiff purchased a 2014 Ford Flex on February 19, 2015. (Complt. '19.) Plaintiff alleged that Defendant is the manufacturer, who promised to main the utility and performance of Plaintiff's vehicle, or, in the alternative, compensate Plaintiff if there was a failure. (Complt. "17.) Plaintiff further alleged that the car had "serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty inclu...

Excerpt: ...repair the vehicle within a reasonable number of attempts. GM also allegedly failed to provide a replacement or restitution. As a result, Vazquez commenced suit against GM on October 12, 2022, for (1) breach of express warranty under the Song-Beverly Act (the Act); (2) breach of the implied warranty of merchantability under the Act; (3) violation of section 1793.2 of the Act, which dictates when repairs must be commenced and completed; and (4) fr...

Excerpt: ...ent. If necessary, a privilege log must be provided to document documents withheld due to asserted privilege and confidential third-party information would be redacted. Further, the City will provide documents responsive to No. 65, limited to council minutes involving Green, Affrunb, Goodman and Elliot that relate to discrimination, harassment, and retaliation since 2013 to present. Finally, the City will respond to No. 68, limited to documents t...

Excerpt: ...tisfied. Protectve order. Code of Civil Procedure section 2030.050 requires any party propounding more than 35 special interrogatories to any other party to attach a declaration justifying the number of interrogatories. The supporting declaration must justify exceeding 35 interrogatories for one of three reasons: (1) the complexity or the quantity of the existing and potential issues in the particular case; (2) the financial burden on a party ent...

Excerpt: ...icle") from Mountain View Chevrolet, Inc., an authorized retail dealership, repair facility, agent, and representative of GM (hereinafter, "Dealership"). (FAC. 94.) Plaintiff alleges the Subject Vehicle was equipped with a "defective Hydra-Matc 8L90 transmission," which has been "marred with a myriad of issues and defects," that GM has failed to identify a root cause for. (Ibid.) Plaintiff purchased the Subject Vehicle pursuant to "an express wri...

Excerpt: ...p.4th 116, 126; Reed v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of the plaintiffs' case, the risk, the expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offere...

Excerpt: ...t demands, as no separate statement was timely filed. Finally, the Court would GRANT sanctions in the amount of $2,328.20, payable within thirty (30) days. Relevant Facts This is a lemon law case. Plaintiff alleges she purchased the subject vehicle in April of 2021. The vehicle purportedly had various defects including but not limited to stalling, not starting, engine knocking, and issues with the check-engine light. Despite being covered by expr...

Excerpt: ...c. on March 17, 2023. (See Order filed by Judge Frangie on 3/17/23.) Plaintiff alleges that, in 2006, it entered into a 10-year lease agreement with Frogurt Empire for the lease of commercial property at Victoria Gardens in Rancho Cucamonga. In 2015, they entered into a First Amended Lease, which extended the 10-year lease period by six years. In 2017, Plaintiff and Defendants entered into an Assignment, Assumption and Consent Agreement in which ...

Excerpt: ..., who were fourteen or older, were not disclosed on the initial insurance application. The rescission took place despite the fact that the undisclosed household member was not the driver at the tme of the relevant accident. Plaintiffs allege that the application system forced applicants to represent that all disclosures of household members had been made, despite preventing that very disclosure. On December 15, 2022, Plaintiffs, including Plainti...

Excerpt: ...ourt, rule 3.769.) The moving party must demonstrate that "the settlement is fair, adequate and reasonable." (Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 126; Reed v. united Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 705, 723.) Relevant factors the court may consider include "the strength of the plaintiff...

Excerpt: ...laims for violations relating to wages, meal-and-rest periods, wage timeliness, and inaccurate wage statements. Shortly thereafter, Plaintiff Waltz filed a wage-and-hour class action on June 11, 2021, and PAGA representative acton on August 5, 2021 (CIVSB2117018 & CIVS82133560, respectively). While both the Flores and Waltz wage-and-hour matters were removed to federal court, they both were ultimately brought back to this Court. On July 7, 2022, ...

Excerpt: ...hicle. Based on these allegations, Monjaras commenced suit against Cuevas and Good Faith on June 22, 2021, for negligence. In response to the lawsuit, defendants answered and filed a cross- complaint against Salvador Ayala-Villanueva and Ana Trevira, (though they were added via roe amendment). The cross-defendants in turn filed a cross-complaint against Good Faith and Cuevas. The Motion for Summary Judgment Cuevas and Good Faith now seek summary ...

Excerpt: ...asonable diligence to personally serve Defendant, resorting to substituted service at a house that was no longer Defendant's dwelling house or usual place of abode, and that Plaintiff has not substantially complied with the statutory requirements for service of process so as to confer actual notice of the summons and complaint on the Defendant. a. Plaintiff Meets Evidentiary Burden Regarding Proper Service On a motion to quash service of summons ...

Excerpt: ...hat Singh and A&A knew of their identity yet unreasonably delayed filing and serving the Doe amendment until only a few months before trial even though their cross-complaint was filed nearly two years ago. Counsel for Avey, Richard C. Moreno, submits a declaration and attaches exhibits to show where their identity was revealed in discovery. Avey states that Singh and A&A knew of their existence and the factual and legal basis by which they could ...

Excerpt: ...in investing in MCWA and met with Revolon at MCWA's location in Redlands. Esposito and Defendants allegedly entered into an agreement in which Esposito became a 50% owner of MCWA in exchange for a monetary investment. Esposito alleges Revolon has refused to permit him to have an active role in management, refused to share in profits, failed to compensate Esposito as an officer, and denied access to business and corporate records. Esposito's compl...

Excerpt: ...ade secrets by all against all. Defendants Penwood, Lee, and Western answered. Defendant Western moves for summary judgment.[l] Plaintiff Comstock opposes. DISCUSSIONS A trade secret[2] is misappropriated if a person either (a) acquires a trade secret knowing or having reason to know that the trade secret has been acquired by improper means,[31 (b) discloses or uses a trade secret the person has acquired by improper means or in violation of a non...

Excerpt: ...tion(s): Motion to Set Aside Entry of Default, Default Judgment, Renewed Judgment, Writ of Executon and other orders Movant(s): Defendant Ha Tien Thi Ha aka Ha Tien Thi (erroneously sued and served as Tien T. Ha aka Tien H. Ha aka Ha Tien Ha aka Tina Ha aka Ha Tien Ha, et al. Respondent(s): Plaintiff Unifund CCR Partners, a New York Partnership Discussion - Here, Defendant seeks to set aside the judgment on the ground that it is void because she ...