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: ...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: ...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: ...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: ...“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: ...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: ...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...