Excerpt: ...tion.. Case S ummary This is a personal injury case. Plaintiff alleges that on or about April 26, 2019 he was injured when he stepped onto a nail that was exposed on a pallet at Defendant Home Depot's store. Plaintiff alleges that Defendant's negligence in handling and maintaining the pallets led to the injury. On May 6, 2021, Plaintiff filed a single cause for negligence. On June 3, 2022, Intervenor Amerisure Insurance filed a Complaint -in -I...

Excerpt: ...t so long as the moving party establishes the grounds for relief, the relief has been raised in a procedurally proper manner, and the motion is made within any applicable time limits. (Cruz v. Fagor America, Inc. (2007) 146 Cal.App.4th 488, 495.) Code of Civil Procedure §473, subd. (b) provides a court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order or other proceeding take...

Excerpt: ...(2) minimum wag es; (3) meal periods; (4) rest breaks; (5) final pay; (6) accurate wage statements; as well as (7) violation of the unfair competition law. By October 26, 2022, Plaintiff had filed his First Amended Complaint (FAC) to add a claim for civil penalties under the Private Attorneys General Act (PAGA). Plaintiff seeks to represent all non -exempt employees working in California during the statutory period. (FAC, ¶22; compare Settleme...

Excerpt: ...e the objections to the pleading. The parties Page | 2 must meet and confer at least five days before the responsive pleading is due, but if they are unable to do so, an automatic 30 -day extension of time within which to file the responsive pleading will be granted by filing and serving a declaration on or before the date the response would be due, stating a good faith attempt was made to meet and confer. The moving party then must file and ...

Excerpt: ... o f Electronic Protected Health Page | 2 Information and (b) 45 C.F.R. section 165.524 (right to access), and breach of the notification rule. He asks the stay be pending the investigation and any subsequent criminal proceedings. Now, civil litigations may be appropriately stayed when a party (generally the defendant) is subject to a criminal prosecution that may result in the party invoking his 5th Amendment privilege. (Pacers, Inc. v. Superio...

Excerpt: ...ugust 23, 1994, and DOES 1 through 10, inclusive: (1) Violation of Civil Code section 789.3; (2) Wrongful Eviction; (3) Breach of the Warranty of Habitability; (4) Breach of Covenant of Quiet Enjoyment ; (5) Unjust Enrichment; (6) Breach of Contract; and, (7) Intentional Infliction of Emotional Distress. Plaintiff alleged that she was wrongfully evicted from real property (“the property”) owned by the Donald and Barbara Atkinson Revocable Tr...

Excerpt: ...threatened by Debbie's boyfriend and, despite having notice of the abuse, Del Taco simply transferred R.G. to another store and continued to employ Debbie. After being transferred, R.G. left the employmen t, only to seek reemployment two years later. R.G. was informed he could be rehired on the condition that he did not tell anyone about the abuse. (Compl. at ¶¶ 10 - 13.) Based on Del Taco's failure to terminate or discipline Debbie, transferri...

Excerpt: ... warranty; and (3) negligent repair. The first two causes of action are asserted against Defendant Volkswagen Group of America, Inc.; the third cause of action for negligent repair is asserted against demurring Defendant, Riverside Metro Auto Group, LLC d/b/a Riverside Volkswagen (“Riverside VW”). Plaintiffs' complaint alleges that they purchased a 2022 Volkswagen Atlas on January 31, 2022 and that the vehicle manifested defects and nonconfo...

Excerpt: ...e the General Manager of the project. PETI delegated many of its duties to Defendant Facility Services Management Company (FSMC). On September 29, 2021, FSMC entered a contract for Plaintiff's benefit for the purchase of a pre -engineered steel 3 building from Defenda nt 98 Leaf dba “Flex Plus”. While Plaintiff made various deposits in satisfaction of its obligations and served Flex Plus with a demand for assurances to obtain the status of m...

Excerpt: ...enn -Star”), alleging causes of action for: (1) Breach of Contract, (2) Breach of the Implied Covenant of Good Faith and Fair Dealing (Failure or Delay in Payment), (3) Bad Faith and Breach of the Implied Covenant of Goo d Faith and Fair Dealing (Failure to Properly Investigate Claim), and (4) Unfair Business Practices. According to the Complaint, between November 1, 2019 and November 1, 2020, Defendant provided insurance coverage for real prop...

Excerpt: ...Private Attor neys General Act (PAGA). Per the terms of the currently proposed settlement, Plaintiff would represent a class of current and former nonexempt workers in Defendant's California operations from April 21, 2018 through September 17, 2023. (Settlement, ¶¶6 [“C lass”] & 10 [“Class Period”].) The PAGA period would be a year from the LWDA filing. After commencing the litigation, the parties engaged in discovery, with Defendant p...

Excerpt: ...App.4th 116, 1 26; Reed v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has “broad discretion in making this 3 determination.” (In re Microsoft I -V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include “the s trength 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 ...

Excerpt: ...rogatories—was apparently rejected due to a filing irregularity. On January 30, 2024, the Court heard and granted the other six discovery motions. The Court ordered Defendants to resubmit their motion to compel Mauricio's further responses to s pecial interrogatories, which Defendants did that same day. Mauricio filed an opposition (one court day late). Defendants filed a timely opposition. A. Analysis At issue are Mauricio's responses to Sp...

Excerpt: ...T he Pleadings and Allegations The underlying litigation arises from a dispute over the ownership of an automotive business. The action was commenced on May 26, 2022, by Plaintiffs Arsen H. Vartanian (“Arsen”) and AV Automotive, Inc. (“AVA”) against Defendan t Vahak Vartanian dba Vartanian on Wheels and VOW Automotive ( “Vahak”). Following consecutive demurrers, the operative second amended complaint (“SAC”) was filed on Septembe...

Excerpt: ...Summary T his is a real estate dispute. Plaintiff owns property within a shopping center. Defendants also have interests in that center. The shopping center is subject to a declaration of restrictions and reciprocal easements that are binding on all parties. Plainti ff alleges that Defendants interfered with Plaintiff's property rights. For example, Plaintiff alleges that Defendants imposed time limits on certain parking spots, locked access to t...

Excerpt: ...ative action for civil penalties pursuant to the Private Attorneys General Act (PAGA). Plaintiff alleges she worked for Defendants as a non- exempt Parts Sales Manager from 2019 to 2022. (Compl., ¶10.) On August 3, 2023, Plaintiff filed her PAGA action alleging violatio ns relating to (1) overtime; (2) meal periods; (3) rest breaks; (4) final pay; (6) wage statement requirements; (7) reimbursements; (8) vacation pay; and (9) the provision of a...

Excerpt: ...ement for thre e (3) storage units, owned and operated by 3855 IH 35 North, LLC (sued as “Phelan Self -Storage”). (SAC, ¶32.) The storage units were necessary to store “personal property,” including various family heirlooms. The units were being paid by automatic withdraw al from an account jointly owned by Plaintiffs' grandmother; their mother; and their aunt, Defendant Sheli Young. On or about January 16, 2021, Plaintiffs' mother passe...

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: ...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...