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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...), 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: ...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: ...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: ...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: ...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: ... 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: ...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...