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2019.9.30 Motion to Quash Service of Summons and Complaint 598
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.9.30
Excerpt: ...rwest LLC (collectively, “Shurwest”), CMAM Inc. dba Heritage Financial Services (“CMAM”), Albert Andrew Manfre (“A. Manfre”), Jeanette Manfre (“J. Manfre”), Daniel Klien (“Klien”), and James Anton (“Anton”). The Complaint alleges five causes of action for: 1) professional negligence; 2) breach of fiduciary duty; 3) Financial Elder Abuse; 4) Intentional Deceit/Fraud; and 5) Declaratory Relief. The Complaint alleges that Pla...
2019.9.30 Motion to Consolidate 236
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.9.30
Excerpt: ... subcontractor work, So. Coast & Valley Roofing, Inc. (“So. Coast”) alleges that it has completed all work to be performed pursuant to the contract between the parties, yet Defendant CBCI Construction, Inc. (“CBCI”) refuse to pay So. Coast the balance of the money due in the amount of $191,838.84. So. Coast alleges that on February 15, 2017, the parties entered into a written subcontract agreement for So. Coast to install roofing material...
2019.9.20 Motion for Summary Judgment, Adjudication 039
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.9.20
Excerpt: ...intiff was assigned to work at Simply Fresh and worked in production and packaging. Plaintiffs job duties primarily consisted of working on an assembly line where she placed food items such as salsa, tacos, guacamole, beans and other food items on plates as they passed by on a conveyor belt. Her duties also included packing the prepared plates and placing them in boxes that were then sent to be palletized for shipment. Plaintiff performed all of ...
2019.9.20 Demurrer 818
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.9.20
Excerpt: ...rles P. Garcia brought this employment suit against Defendants ALPFA Inc., ALPFA Foundation (collectively, “ALPFA”). Plaintiff also sues the current/former Board members of ALPFA Defendants Hector Perez, Yvonne Garcia, Daniel Villao, Gabriel Rodriguez Jr., Reynaldo Gonzalez, Damaris Schneider, Genaro Perez, and Marcela Aldaz-Matos (collectively the Board Defendants). Plaintiff brings this suit in his individual and in a derivative capacity un...
2019.9.19 Motion for Consolidation 465
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.9.19
Excerpt: ...an authorized service and repair facility numerous times, but they were unable to repair the issues. The operative First Amended Complaint states three causes of action for: 1) Song-Beverly Consumer Warranty Act; 2) fraud; and 3) negligent misrepresentation. On June 16, 2017, MBUSA filed a cross-complaint for fraud, equitable indemnity, contribution and implied indemnity against Takata Corporation and TK Holdings, Inc. On June 20, 2017, Takata fi...
2019.9.19 Motion to Compel Deposition 096
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.9.19
Excerpt: ...18, Plaintiff filed First Amended Complaint (“FAC”), the operative pleading, alleging eight causes of action: 1) breach of fiduciary duty, 2) breach of covenant of good faith and fair dealing, 3) unfair business practices, 4) deceit, 5) fraud, 6) fraudulent conveyance, 7) civil conspiracy, and 8) violations of Civ. Code sections 1185. This case involves a dispute between siblings, Plaintiff and Defendant Giesel Richmond (“Giesel”), over t...
2019.9.19 Motion for Stay of Action 302
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.9.19
Excerpt: ...eclarations of Coverage. MPT seeks a judicial determination that it has no duty to defend or indemnify Defendants as to the lawsuit entitled Frank Bredice, D. C., v. Andrew Kochan, MD., et al., LASC Case No. 19STCV16302 (the “Bredice suit”). In that suit, Bredice sues Kochan for medical malpractice related to the use of dirty needles that lead to an infection. MPT alleges that Kochan admitted that he added notes to the medical records of Bred...
2019.9.18 Motion to Quash 423
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.9.18
Excerpt: ...ion against Defendants Blythe/Windsor Country Park Healthcare Center LLC dba Windsor Gardens Convalescent Center of Long Beach (erroneously sued as Windsor Gardens of Long Beach) (“Windsor Gardens”) and S&F Management Company, LLC (“S&F”). The complaint alleges four causes of action against Defendants for elder abuse, violation of Health & Safety Code § 1430(b), willful misconduct, and wrongful death. Ms. Bryant was 91 <00480056004c00470...
2019.9.17 Demurrer 598
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.9.17
Excerpt: ...nfre (“J. Manfre”), Daniel Klien (“Klien”), and James Anton (“Anton”). The Complaint alleges five causes of action for: 1) professional negligence; 2) breach of fiduciary duty; 3) Financial Elder Abuse; 4) Intentional Deceit/Fraud; and 5) Declaratory Relief. The Complaint alleges that Plaintiff is an elder and a widow who was the victim of an investment scam by Defendants. She generally alleges that after her husband's death, she was ...
2019.9.17 Motion to Compel Claims to Arbitration 716
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.9.17
Excerpt: ...n violation of Lab. Code §§ 1102.5; 3) defamation; 4) false light; 5) wrongful termination; and 6) unfair business practices. The Complaint alleges that Plaintiff was employed as a commercial truck driver by Harrison- Nichols Company LLC (“Harrison”) from 2002 to 2017. In January 2018, Defendant acquired Harrison and Plaintiff became an employee of Defendant. Upon beginning to work for Defendant, she observed that Defendant's trucks had ser...
2019.9.16 Demurrer 365
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.9.16
Excerpt: ... Amended Complaint alleges six causes of action for: 1) declaratory relief, 2) specific performance; 3) breach of contract of sale; 4) breach of cancellation contract; 5) rescission of cancellation agreement; and 6) unfair business practices. The SAC arises out of a real estate sale transaction between the parties. Plaintiff alleges that Defendants initially agreed to sell a high-rise penthouse condominium located at 702 S. Serrano Ave., Los Ange...
2019.9.13 Motion for Summary Adjudication 259
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.9.13
Excerpt: ...��AFS”) and Ihab Abuwarda (“Abuwarda”) (collectively “Defendants”) for breach of contract and fraud related to a financing agreement for wholesale car purchases. The Second Amended Complaint (“SAC”) alleges nine causes of action for 1) breach of oral agreement; 2) promissory fraud; 3) breach of fiduciary duty; 4) conversion; 5) money had and received; 6) breach of oral agreement; 7) promissory fraud; 8) slander of title; and 9) decl...
2019.9.11 Demurrer 359
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.9.11
Excerpt: ...' fees allegations. On January 31, 2019, Plaintiffs Alexander and Marianne Tereszcuk (collectively, “Plaintiffs” or the “Tereszcuks”) filed the instant habitability action against Defendants PLB Management LLC (“PLB”) and Prime/Park Labrea Titleholder LLC (“Prime”) (collectively, “Defendants”). The complaint alleges 13 causes of action for 1) breach of warranty of habitability (Civ. Code § 1941.1); 2) breach of warranty of ha...
2019.9.11 Motion to Compel Discovery Responses, Request for Sanctions 983
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.9.11
Excerpt: ...ment. On October 15, 2018, Defendant filed an answer and Cross-Complaint. On July 2, 2019, Defendant filed a motion to compel initial discovery responses from Plaintiff as to 1) form interrogatories (set one), 2) form interrogatories (set two); 3) requests for production of documents, and 4) special interrogatories (set one). On August 29, 2019, Plaintiff filed an opposition. On September 4, 2019, Defendant filed a reply. Legal Standard If a part...
2019.9.10 Demurrer, Motion to Strike 936
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.9.10
Excerpt: ...osure by Plaintiff Marvell Lenox Tell, Jr. against Defendants Ray B. Bowen, Jr. (“Bowen”); Construction Loan Company, Inc. (“CLC”); and Richard C. Jones (“Jones”). Plaintiff alleges that he was the occupant and owner of the property located at 1836 Kenneth Way, Pasadena, California (“Property”). On February 2, 2008, Plaintiff obtained a construction loan from CLC in the amount of $102,626.07 (“Loan”) and signed a Promissory No...
2019.9.5 Motion to Compel Responses 741
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.9.5
Excerpt: ... (the “Premises”). The Premises is in a documented high crime neighborhood. On November 26, 2018, Plaintiffs Violeta Ventura et al. (“Plaintiffs”), tenants of the Premises, were instructed to leave their apartments for fumigation. Certain individual defendants made representations assuring Plaintiffs that it would be safe for them to leave their personal belongings and property on the Premises because security guards had been hired. On No...
2019.9.5 Motion to Compel Arbitration 177
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.9.5
Excerpt: ...fs, in the complaint, assert causes of action against West Coast for financial abuse of dependent adults, fraudulent inducement, breach of contract, and rescission. In deciding a petition to compel arbitration, trial courts must first decide whether an enforceable arbitration agreement exists between the parties, and then determine the second gateway issue of whether the claims are covered within the scope of the agreement. (Omar v. Ralphs Grocer...
2019.9.5 Demurrer, Motion to Strike 249
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.9.5
Excerpt: ...(the “Trust”) (collectively “Defendants”) demur to the 1 st (negligence), 2 nd (premises liability), 3 rd (fraudulent concealment – Labor Code §3602(b)(2)), 4 th<000f000300440051004700 000c000f000300440051[d 5th (violations of Labor Code §3751) causes of action in the first amended complaint of Plaintiff Elvis Quintanilla (“Plaintiff”). Defendants argue Plaintiff failed to allege sufficient facts to constitute the causes of action...
2019.9.5 Motion for Monetary Sanctions 655
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.9.5
Excerpt: ... environment; (3) failure to prevent harassment and hostile work environment; (4) retaliation; (5) wrongful termination in violation of public policy; (6) failure to provide overtime wage compensation; (7) failure to provide rest breaks; (8) failure to provide meal breaks; (9) failure to provide accurate itemized statement; (10) waiting time penalties; and (11) unfair business practices. Plaintiff later dismissed his wage and hour claims after he...
2019.9.3 Demurrer, Motion to Strike 442
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.9.3
Excerpt: ...ury and loss of property. A lawsuit ensued entitled Hall et al v. Darwish, No. 590936 (L.A. Sup. Ct. 2015) (“Hall Action”). Plaintiffs promptly tendered defense of the Hall action to their insurers, Defendants, and Defendants assumed control of the defense of the action and engaged counsel Mr. Fields. Fields failed to adequately defend the action. On October 23, 2017, Defendants agreed as required by Civil Code section 2860(a) to appoint Cumi...
2019.9.3 Motion to Quash 630
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.9.3
Excerpt: ... § 226.7, (2) violation of meal period, labor code §§ 226.7, 512, (3) violation of wage and hour laws for unpaid overtime wages, (4) violation of wage and hour laws for waiting time penalties, (5) failure to pay wages, (6) failure to provide accurate wage statements and failure to keep records, (7) unfair competition in violation of Bus. and Prof. Code § 17200, et seq., (8) Wrongful Retaliation/ Termination On July 18, 2019, Plaintiff moved t...
2019.8.8 Motion to Quash 112
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.8.8
Excerpt: ...s of action for: (1) fraud; (2) misappropriation of trade secrets; (3) breach of duty of loyalty; (4) breach of fiduciary duty; (5) intentional interference with prospective economic advantage; (6) unlawful business practices; (7) conversion; (8) quantum valebant; (9) violation of Penal Code § 496; (10) aiding and abetting breach of duty of loyalty; and (11) aiding and abetting breach of fiduciary duty. This action arises from allegations that D...
2019.8.8 Motion for Terminating Sanctions 381
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.8.8
Excerpt: ...y K. Dykstra v. County of Los Angeles, et al., LASC Case No. BC541436, involving two alleged beatings of Plaintiff that occurred inside the County Jail on or about April 5 and April 6, 2012 (the “Underlying Action”). Plaintiff in pro per<0029004800450055005800 001500130014001a0011[ On July 24, 2017, Plaintiff, represented by counsel, filed the operative second amended complaint (“SAC”) alleging two causes of action for negligence (legal m...
2019.8.8 Motion for Summary Judgment, Adjudication 945
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.8.8
Excerpt: ...�); Hugo Contreras (“Contreras”) and Farmers Insurance Exchange (“Farmers”) (collectively “Defendants”). The insurance/breach of contract action arises out of a fire on a commercial property located at 9254 S. Central Ave. Los Angele 90002 (the “property”). The Complaint alleges eight causes of action for: 1) breach of contract (against Hernandez); 2) Breach of Implied Covenant of Good Faith and Fair Dealing (against Hernandez); 3...
2019.8.7 Motion for Leave to File Amended Complaint 465
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.8.7
Excerpt: ...s-Benz USA, LLC's (“Defendant”) authorized service and repair facility numerous times but they were unable to repair the issues. Plaintiff filed this action against Defendant on September 20, 2016 for restitution and damages for violation of the Song-Beverly Consumer Warranty Act. On June 16, 2017, Defendant filed a cross-complaint for fraud, equitable indemnity, contribution and implied indemnity against Takata Corporation and TK Holdings, I...

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