Excerpt: ...EHA — Discrimination; (3) FEHA — Nonjob Related Inquiry; (4) FEHA — Retaliation; (5) FEHA — Failure to Prevent Harassment, Discriminaton and/or Retaliation; (6) EEOC — Harassment; (7) EEOC — Discrimination; (8) EEOC Retaliation; (9) Labor Code S 203; (10) Labor Code S 98.6; (11) Labor Code S 1102.5; (12) Violation of California Constitution; (13) Intentional Infliction of Emotional Distress; (14) Negligence; and (15) Breach of Mandato...

Excerpt: ...ntiff's claims were time-barred on the face of Plaintiff's complaint and Plaintiff failed to plead facts supporting application of the delayed discovery rule or tolling based on equitable estoppel. The Court granted leave to amend. On August 1, 2023, Plaintiff filed his operative First Amended Complaint (FAC), which includes the same facts previously pleaded by Plaintiff (see FAC "1-27) and additional facts relating to delayed discovery and tolli...

Excerpt: ...ng Hu, M.D., Ramesh Chander Bansal, M.D., Sharmin Kalam, M.D., Sahibzadi Mahrukh Noor, M.D., Cory James Toomasian, M.D., Felipe Jose Zinkweich, M.D., Jennifer L. Mohr, PA-C, KNO Development 55, LLC dba Kindred Hospital Rancho (Doe 1) ["Kindred"] and Faculty Physicians and Surgeons of LLLJSM (Doe 2) ["Faculty Physicians"]. The operative First Amended Complaint (FAC) pleads 3 causes of action: (1) dependent adult abuse (neglect) by Estate against L...

Excerpt: ...ase Summary This is a wage-and-hour class and representative action. Plaintiff was employed by Defendant as a manager from March of 2010 to June of 2022. On October 21, 2022, he filed complaint against Defendant, seeking to represent all non-exempt California employees during the statutory period, and alleging violations relating to (1) wages; (2) rest breaks; (3) meal periods; (4) wage timeliness; (5) accurate wage statements; (6) waiting time p...

Excerpt: ...buts Defendants' residence in May of 2012. He alleges that issues with Defendants in 2020. Roughly, Plaintiff alleges, among other things, the cutting of privacy hedges and other plants; the leaving of dog feces; a constantly barking dog; and the installation of invasive cameras. Plaintiff further alleges that tensions escalated to assault with great bodily harm against him on April 3 and April 19, 2021, with continuing threats into 2022. On Nove...

Excerpt: ...motive work, among other things. He worked for Defendant from October of 2020 through approximately December 2022. On April 7, 2023, he filed complaint against Defendant, seeking to represent all nonexempt California employees during the statutory period, and alleging violations relating to (1) overtime wages; (2) minimum wages; (3) meal periods; (4) rest breaks; (5) waiting time penalties; (6) accurate wage statements; (7) wage timeliness; (8) r...

Excerpt: ...mamoto. The operative Second Amended complaint (SAC) alleges causes of action for (1) racial discrimination in violation of the California Fair Employment and Housing Act (FEHA); (2) racial harassment resulting in hostile work environment in violation of FEHA; (3) failure to prevent or in violation of FEHA; (4) intentional infliction of emotional distress (IIED); (5) violation of the Unfair Competition Law UCL; (6) retaliation in violation of FEH...

Excerpt: ...dson, M.D., erroneously sued and served as Hudson Parke, M.D.; and Caitlin Suzanne Borkowski, M.D. This action was commenced on October 28, 2020 by minor Plaintiff David Tavatyan ("Plaintiff' or "Tavatyan") through his guardian ad litem, Vilen Tavatyan, asserting causes of action for: (1) professional negligence (medical malpractice); (2) negligent hiring and retention; and (3) negligent infliction of emotional distress. The complaint alleges tha...

Excerpt: ... compensation for an attorney who has rendered services in connection with a legal proceeding, the trial court has broad discretion and wide latitude, and the court may make its own determination of the value of the services contrary to, or without the necessity for, expert testimony. P LCM Group, Inc. v. Drexler (2000) 22 Cal. 4th 1084, 1095. The burden is on the party seeking attorney fees to prove that the fees it seeks are reasonable. (Center...

Excerpt: ...estitution. As a result, through their First Amended Complaint (FAC) the Bennetts assert claims for (1) breach of express warranty under the Song-Beverly Act (the Act), (2) breach of implied warranty under the Act, (3) violation of section 1793.2 of the Act (requiring, among other things, commencement and completion of the repairs within, respectively, a reasonable time and 30 days), and (4) fraudulent inducement-concealment. The fraud claim is b...

Excerpt: ...ot expressly enumerate any causes of action. Thus, on August 25, 2022, the Court sustained the demurrer of JPMorgan Chase Bank, N.A. (Chase) with leave to amend. Thereafter, on February 3, 2023, Plaintiff filed a First Amended Complaint (FAC). Though the FAC had numbered paragraphs, it still did not set forth separately numbered causes of action and did not comply with the California Rules of Court, rule 2.112. In addition, Plaintiff's allegation...

Excerpt: ...fiduciary duty; and (4) fraud. Cardenas alleges she was formerly in a romantic relationship with Pino. During their relationship, Pino convinced Cardenas to purchase a mobile home and although she would supply the funds, title was to be taken in Pino's name. Pino allegedly signed a written acknowledgement that he owed Cardenas $ü(M. Pino was personally served on March 10, 2022. He did not file a response but appeared at a Trial Setting Conferenc...

Excerpt: ...9, 2023, which is thirty (30) days after the parties' mediation with Glenn Barger, Esq. On August 28, 2023, Plaintiff filed this present moton for a protective order together with the declaration of Randi l. Thompson, Esq. Filed by the Court on September 25, 2023 and September 27, 2023, but served on 12, 2023 and September 25, 2023 respectively, are oppositions filed by Defendants, together with a declaration by David Seal, Esq. A reply was filed...

Excerpt: ...16, 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 offered in se...

Excerpt: ...hould this occur again, the Court will continue the hearing and consider the issuance of sanctions against the non-complying party. Motion to Strike: Cross-Defendant's Request for Judicial Notice: The Request is denied as irrelevant to the determination of these motons. Cross-complainant's Request for Judicial Notice: The Request is denied as unnecessary; if the statutes and comments are relevant, they will be considered. The motion to strike is ...

Excerpt: ...n 377.32. Specifically, Plaintiffs did file the Declaration of Successor in Interest Wesley McKinley pursuantto Code of Civil Procedure secton 377.11 and Welfare & Institutions Code section 15657.3 along with their Complaint on October 31, 2022, and the declaration has Estella lola McKinley's Death Certificate attached thereto as Exhibit A; 2. Defendants' Demurrer to Plaintiffs' First Cause of Action for Elder Abuse and Neglect based upon insuffi...

Excerpt: ...nvestments LLC, and its principal, Min Ye. The complaint contains causes of action (COA) for (1) breach of contract, (2) dangerous condition of property, (3) "slumlord" (4) property damage, (5) negligence, and (6) breach of the implied covenant of good faith and fair dealing. There is also a purported 7th cause of action, which is merely the prayer for relief. As for the underlying allegations, the Zunigas indicate the lease outlines who is respn...

Excerpt: ...er, an analytic tool. As to Requests for Judicial Notice: Both Defendants request judicial notice of the pleadings and various corporate documents and licenses. The Court would GRANT as to the pleadings. The Court would further GRANT as to the filings but not the truth of the statements asserted therein. As to the Demurrers: The Court would SUSTAIN as to the Third Cause for negligent misrepresentation as to both Defendants Bamboo and Catlin, but ...

Excerpt: ...l doctors who provided treatment to Plaintiff at Victor Valley Global Medical Center. Radiologist Rahul Nayyar, MD (Defendant Nayyar) interpreted an abdominal ultrasound and a NM HIDA scan. Radiologist Jose Ospina, M.D. (Defendant Ospina) interpreted a MRI, a MRCP and a CT scan. Neera Grover, M.D. (Defendant N. Grover) was the gastroenterologist who consulted with Plaintiff and prov-ded an assessment. Finally, Rakesh Grover, M.D. (Defendant R. Gr...

Excerpt: ...t Barth. The City contends that First Choice is unpermitted and illegal in that it violates several Chino Municipal Codes. Since July 2019, the City has inspected and issued citations and abatement orders for the unpermitted and improper use of the property. (Complaint, 1-3, 5, 10-23.) The Renewed Motion for Order Determining Costs and Fees was previously on the court's calendar for August 28, 2023, having been continued originally from October 2...

Excerpt: ...Vijay"), and Dr. Melanie Arora ("Melanie"). Plaintiffs alleged the following: Geraldine needed a polyp removed from her uterus. After determining that she did not want Melanie to perform the surgery (based on an unfavorable interaction and her age), Geraldine left VVGMC, only to be called back by Melanie's father, Vijay. Vijay promised to perform the surgery himself without Melanie's involvement. Geraldine later learned that despite Vijay's promi...

Excerpt: ...SJ was pending, Defendant served Aaliyah Jones (for purposes of this statement, "Plaintiff) with a Section 998 offer to compromise in the amount of $1.75M. On March 29, 2023, the Court signed and filed its order granting MS]. On July 13, 2023, the Court signed and filed its judgment in favor of Defendant, and against Plaintiffs. The judgment states Defendant shall recover its costs and that the Court retains jurisdiction to determine recovery of ...

Excerpt: ...ing party, evidence obtained through discovery, and matters judicially noticed. (Code Civ. Proc. 5437c, subd. (b).) Declarations must be based on the personal knowledge of the declarant, show affirmatively that the declarant is competent to testify to the matters stated, and set forth admissible evidence. (Code Civ. Proc. 5437c, subd. (d).) The essential allegations of any common count are: (1) the defendant is indebted to plaintiff in a certain ...

Excerpt: ...ood Faith Meet and Confer Pursuant to Code of Civil Procedure section 439: Here Defendants have not filed a declaration outlining the parties' meet and confer efforts that took place prior to the filing of Defendants' JOP in violation with Code of Civil Procedure section 439. This alone is enough to take this matter off calendar. More importantly, as correctly point out by Plaintiff in his Opposition, the grounds for Defendants' motion for judgme...

Excerpt: ...tomobile striking a pedestrian on or about January 26, 2021. Plaintiffs filed their suit on April 5, 2022, alleging (1) negligence; and (2) negligent hiring, retention, or supervision. Relevant here, the Court scheduled the initial Trial Setting Conference (TSC) on this matter for October 19, 2022. Without notice or justification, Plaintiff failed to appear at the TSC, and the Court set a further TSC and an Order to Show Cause (OSC) regarding the...

Excerpt: ...ENY. Defendant shall file its responsive pleading within thirty (30) days. Case Summary Plaintiff filed his action on April 18, 2023, asserting class claims for moving company Defendant's (1) breach of contract; (2) breach of duty of good faith and fair dealing; (3) violation of the Idaho Consumer Protection Act; and (4) conversion. In essence, Plaintiff asserts that he contracted with Defendant to move him from Idaho to California. Although he p...

Excerpt: ...s is a collections matter. Plaintiff alleges that Defendant Rosales applied for, was issued, and incurred debt related to an American Express Business Gold Card. Plaintiff filed suit on March 17, 2023, and Defendant submitted a general denial on May 25, 2023. Relevant here, Plaintiff propounded discovery, including a Request for Admissions, Set One, on June 12, 2023. After the time to respond had run, Plaintiff sent a meet and confer letter on Ju...

Excerpt: ...t at the tme of Foss's employment she signed and agreed to a Mutual Arbitration Agreement (MAA). Foss opposes. TSA replies. Discussion The threshold issue for the court is whether or not the FAA applies. If so, whether there is an enforceable arbitration agreement. Does the FAA apply? The answer is yes. The FAA applies to arbitration clauses involving interstate commerce. (9 U.S.C. 52; Aviation Data, Inc. v. American Express Travel Related Servic...

Excerpt: ...d where it is general and embraces evidence which is admissible as well as that which is inadmissible." (Rose v. State (1942) 19 Cal.2d 713, 742.) Page 5 are based on relevance, foundation, and hearsay. First, the Court OVERRULES the objections to the entirety of the Declaration as cumbersome and improperly submitted. Second, as to the individual objections, the Court also OVERRULES. While the statements regarding Mr. Hitt's feelings and beliefs ...

Excerpt: ...r the lawsuit involves claims subject to arbitration. Case Summary This is a representative action for Labor Code violations pursuant to the Private Attorneys General Act (PAGA). On April 21, 2023, Plaintiff filed his suit against Defendants for civil penalties pursuant to PAGA based on violations related to (1) minimum wages; (2) overtime wages; (3) meal periods ; (4) rest breaks; (5) final pay; (5) untimely wages; (7) wage statement violations;...

Excerpt: ...cificity; and (3) fails to allege a transactional relationship between GM and Plaintiff giving rise to a duty to disclose. GM also seeks to strike Plaintiff's prayer for punitive damages. Plaintiff opposes. GM replies. Fourth Cause of Acton: Fraudulent Inducement - Concealment 1. Statute of Limitations Defendant argues the fourth cause of action is time barred because Plaintiff purchased the vehicle on or about December 21, 2016, yet did not file...

Excerpt: ...pedic Sports & Spine Medical Group, Grove Advanced Imaging, Monarch Diagnostic Services, LYG A Professional Medical Corporation, Southern California Sports Rehabilitation Inc., Nova Legal Funding, F&M Radiology Medical Center, Michael J. Trudeau, and Does 1-50. The operative First Amended Complaint ("FAC") was filed on September 27, 2021, alleging on or about March 28, 2017, Defendant Harris was involved in a vehicle collision which resulted in i...

Excerpt: .... McLaughlin ("McLaughlin"), and Michael S. Burkholder ("Michael") filed their Complaint against Magdi M. Khalil & Madeline G. Khalil, individuals and trustees of the Khalil Family Trust (collectively "Khalil," individually by their first names). The operative Second Amended Complaint (SAC) pleads 3 causes of action: (1) negligence by Burkholder and McLaughlin, (2) private nuisance by Burkholder and McLaughlin, and (3) negligent infliction of emo...

Excerpt: ....App.4th 421.) Per the statute, to obtain an order for Plaintiffs to post an undertaking, the Defendant Dr. Faerber must establish that the Plaintiffs are out-of-state residents, and that he has a reasonable possibility of prevailing in the instant action. If the former are satisfied, then public policy requires an evaluation of Plaintiffs' finances to determine if they are indigent and if an undertaking would deny their fundamental right of acce...

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: ...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: ... 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: ...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: ...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: ...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: ...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: ..., 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...