Excerpt: ...“City”) and Victor Orozco (“Orozco”) (jointly, “Defendants”). The operative Second Amended Complaint (“SAC”) adds JCJ <004f004800470003005200 0003001500130014001c[. The SAC alleges causes of action for (1) eminent domain, (2) intentional interference with prospective economic advantage, (3) intentional interference with a contractual relationship, (4) negligent interference with economic advantage, (5) violation of civil rights, (...

Excerpt: ...) and David Blain (“Blain”) on November 7, 2017. The operative Second Amended Complaint (“SAC”) was filed on May 16, 2018, and asserts causes of action for fraud, breach of fiduciary duty, and legal malpractice. Crowe and Blain (jointly, “Defendants”) now move for summary judgment, or in the alternative, summary adjudication. Tontini opposes. Evidence The Court grants Defendants' request for judicial notice as to Exhibits A – I. The...

Excerpt: ...ET ONE AN D MONETARY SANCTIONS Background On July 3, 2018, Plaintiff Liza Cannizzaro (“Plaintiff”) filed this action against Defendant Laura Larson (“Defendant”). The Complaint asserts causes of action for breach of the implied warranty of habitability, general negligence, nuisance, breach of contract, and invasion of privacy and seeks punitive damages. On October 29, 2018, Defendant served Form Interrogatories, Set One, Special Interroga...

Excerpt: ...his action against Defendant Earl Hellum (“Hellum”). The operative First Amended Complaint (“FAC”) was filed on November 13, 2018, asserting 17 causes of action arising out of Perez's tenancy at a residential property owned by Hellum. Perez alleges that the property was uninhabitable. Pursuant to Code of Civil Procedure section 425.16, Hellum now moves to strike the FAC, or in the alternative, the seventeenth cause of action for wrongful ...

Excerpt: ...��Alleeance”) and Sang Won Lee (“Lee”) (jointly, “Plaintiffs”) filed this action against <0027005200520003003600 004400480003002c0051[ Suh (jointly, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on February 5, 2019, and asserts causes of action for (1) breach of contract, (2) breach of fiduciary duties, (3) fraud, (4) conversion, (5) accounting, (6) trade name infringement, (7) unfair business competitio...

Excerpt: ...arding the issues. The Court issued a Minute Order dated May 16, 2019 as follows: The items defendant seeks in the subpoenas to UCLA, CNB and SRI and the document demand regarding Kaplan's income and entities owned by him is private information. As such, the burden is on the defendant to show a compelling need for that information and that the discovery request is narrowly drawn to minimize intrusion into private matters. Britt v Sup. Ct. (1978) ...

Excerpt: ... individually and as trustee of the Marilynn J. Adams Living Trust (“Adams”), Marcus & Millichap Real Estate Investment Services, Inc. (“Millichap”), and Fidelity National Title Insurance Company (“Fidelity'). The operative First Amended Complaint (“FAC”) was filed on March 27, 2019, and asserts causes of action for breach of contract, breach of the implied covenant of good faith and fair dealing, fraudulent concealment, breach of f...

Excerpt: ...er alia, Defendants James O. Conaway, Lorraine A. Conaway, Conaway & Conaway, Inc., Tycon Properties, Inc., and Tyler Banta (collectively, “Defendants”). The operative First Amended Complaint was filed on December 5, 2017. On March 1, 2018, Plaintiffs filed a Notice of Conditional Settlement, indicating that the parties had entered into a settlement agreement that conditioned dismissal of this matter on the satisfactory completion of specifie...

Excerpt: ... the Cross‐Complaint of Cross‐Complainants Peter Lamy and Graham Burford (jointly, “Cross‐ Complainants”) pursuant to Code of Civil Procedure section 425.16. Scott now moves for an award of attorneys' fees and costs, as the prevailing defendant on an anti‐SLAPP motion, in the amount of $30,702.50 in attorney's fees and $554.31 in costs. Cross‐ Complainants oppose. Discussion The anti‐SLAPP statute provides that “in any action su...

Excerpt: ...and G Entertainment, Inc. (collectively, “Defendants”) move to strike the fourth and sixth causes of action, for intentional interference with prospective economic advantage and for misappropriation of likeness, respectively, from the Complaint by Plaintiffs Victor Borachuk and JupiterReturn, LLC (jointly, “Plaintiffs”) pursuant to Code of Civil Procedure section 425.16. Plaintiffs oppose. The Complaint, filed December 21, 2018, asserts v...

Excerpt: ...laintiffs”), each individually and as successors-in-interest to decedent Laurie St. Clair, filed this wrongful death action against Defendants Health Net of California, Inc. (“Health Net”) and Health Care L.A. IPA (“HCLA”). The operative Second Amended Complaint, filed March 1, 2018, alleges cause of actions for wrongful death due to the breach of the implied duty of good faith and fair dealing, violation of Civil Code section 3428, and...

Excerpt: ...��Rosemary”), Ramesh Perera (“Ramesh”), and Ram Sales, Inc. (“Ram Sales”) (collectively “Plaintiffs”) filed this action against Defendants Lincoln Benefit Life Company, James O. Conaway, Lorraine A. Conaway, Conaway & Conaway, Inc., Integrity Business Solutions Provider, LLC, Allied Marketing Partners, Inc., Alan Harrington, Jason Ziccarelli, and Global Financial Distributors, Inc. (collectively, “Defendants”). The operative Sec...

Excerpt: ...ion was brought by Intelligent SCM, LLC (“Intelligent”), against its former counsel, Russell W. Roten and the law firm Duane Morris (jointly “Firm Defendants”), and one of Intelligent's members, Andrew Scott (“Scott”) (collectively, “Defendants”), on February 13, 2015. The gravamen of the operative Third Amended Complaint (“TAC”) is that the Firm Defendants favored Scott over the other members of Intelligent (Alex Knowles, Gra...

Excerpt: ...tion award issued <0048005000520047004800 00460011000300440051[d Liron Bismoot (jointly, “Respondents”). The petition was filed on April 30, 2019. Neither respondent has filed a response to the petition. “Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award. The petition shall name as respondents all parties to the arbitration and may name as respondents any other persons...

Excerpt: ...Lion Trading, Inc., GLT Logistics, Inc., and Oleksandr Nazarchuk (“Nazarchuk”). The Complaint asserts causes of action for violations of the Labor Code, stemming from his employment with Defendants. On February 21, 2019, Nazarchuk filed a Cross-Complaint against Goroshkov. The operative First Amended Cross-Complaint (“FACC”) was filed on March 1, 2019, and asserts causes of action for (1) extortion/blackmail, (2) intentional infliction of...

Excerpt: ...serts causes of action for (1) retaliation (Labor Code section 98.6), (2) retaliation (Labor Code sections 1102.5, 1102.6), (3) wrongful termination in violation of public policy, (4) failure to pay wages, Labor Code sections 201, 1194), (5) failure to provide meal and rest periods (Labor Code sections 226.7, 512), (6) failure to provide itemized wage and hour statements (Labor Code sections 226 et seq.), (7) waiting time penalties (Labor Code se...

Excerpt: ...lotte Spadaro (“Spadaro”) filed this action against Defendants The William Warren Group dba Storquest (“Storquest”) and Storagetreasures.com (“Treasures”). In her Complaint, Spadaro alleges that she rented a storage unit at a self-storage facility operated by StorQuest. (Compl., ¶¶ 7-8.) Spadaro alleges that Storquest “caused” an online auction of her unit by Treasures. (Compl., ¶ 9.) The online auction was to end on December 2...

Excerpt: ...ainst the City of Redondo Beach (the “City”). The Complaint asserts causes of action for deprivation of substantive due process rights under color of state law, deprivation of procedural due process rights under color of state law, breach of contract, and declaratory judgment. On May 22, 2018, the City filed a Cross-Complaint against RBW. Both the Complaint and the Cross-Complaint relate to a waterfront development project entered into by the...

Excerpt: ...iffs Dina B. Chernick and Nina L. Chernick, individually, and in their respective capacities as trustees of the Survivior's Trust Subtrust of the Chernick Family Trust (collectively, “Plaintiffs”) filed this action on July 1, 2016 against, among others, Defendant Bonnie Sugar (“Sugar”). Plaintiffs filed the operative Third Amended Complaint (“TAC”) on June 26, 2018, which names the Benita W. Sugar Trust UDT dated April 4, 2012 (the �...

Excerpt: ...against, inter alia, Radiator Specialty Company (“Radiator”), alleging causes of action for (1) negligence, (2) strict liability, (3) intentional/fraudulent concealment, and (4) loss of consortium. The gravamen of the operative First Amended Complaint (“FAC”) concerns personal injuries sustained by Plaintiff Allen G. Shaw (“Shaw”) as a result of exposure to benzene and benzene-containing substances during the course and scope of his e...

Excerpt: ...f Raphael Irving (“Plaintiff”) filed this action against Defendants Greater New Bethel Baptist Church, Inc. (“Greater New Bethel”) and Earl A. Pleasant (“Pleasant”). A First Amended Complaint (“FAC”) was filed on May 19, 2016, and asserted causes of action for defamation, intentional infliction of emotional distress, negligent infliction of emotional distress, and vicarious liability. In addition to Greater New Bethel and Pleasant...

Excerpt: ...3200490049[ices of Peter T. Brown (“Brown”). The gravamen of the operative First Amended Complaint (“FAC”) is the breakdown of a referral fee arrangement between the two law firms: under their agreement, Issapour would refer clients to Brown in return for 40% of any attorney's fees generated from each case. However, at some point in 2014, Brown stopped paying Issapour the fees owed to him and stopped providing Issapour with updates on the...

Excerpt: ..., 2017. Ahdunko was a probationary firefighter with the Los Angeles County Fire Department until he was terminated from his position. Ahdunko served Special Interrogatories, Set No. One on the County. (Haney Decl., ¶ 2.) On October 5, 2018, the County served its responses to the special interrogatories. (Haney Decl., ¶ 3.) On October 16, 2018 and October 18, 2018, counsel for Ahdunko sent meet and confer letters to counsel for the County regard...

Excerpt: ...mi (“Niami”) (jointly, “Plaintiffs”) filed this action against Defendants C3 Capital LLC (“C3”), ABP Capital LLC (“ABP”), and Michael Persall (“Persall”). The operative First Amended Complaint (“FAC”) was filed on May 3, 2019, and asserts causes of action for fraud, breach of contract, and breach of the covenant of good faith and fair dealing. The material allegations of the FAC are as follows. The One was intended to be t...

Excerpt: ..., Inc., a California Corporation dba Glenn E. Thomas Dodge Chrysler Jeep (“Thomas”) (jointly, “Defendants”) for violations of the Song‐Beverly Act. In response to this lawsuit, on August 23, 2016, Defendants answered, denying all liability and asserting several affirmative defenses. Defendants also served Plaintiff with an offer to compromise pursuant to Code of Civil Procedure section 998 for $49,000 (the “First 998 Offer”). Plaint...

Excerpt: ...Defendants Gianni Quezada aka Gianni M. Quezada aka Gianni Manuel Quezada (“Quezada”), R&G Drywall and Plaster Inc. (“R&G”), and The Pasadena Plaster Co. Inc. (“Pasadena Plaster”). The operative First Amended Complaint (“FAC”) was filed on July <0003004500550048004400 00510057005500440046[t, (2) open book account, (3) <0003004900550044005800 470011[ Plaintiff now moves for summary adjudication of the first cause of action for brea...

Excerpt: ...ant County of Los Angeles (the “County”) on December 8, 2017. Ahdunko was a probationary firefighter with the Los Angeles County Fire Department until he was terminated from his position. <0047000300360053004800 0048005500550052004a[atories, Set No. One (comprising five interrogatories) on the County. (Haney Decl., ¶ 2, Ex. 1.) On October 5, 2018, the County served its responses to the special interrogatories. (Haney Decl., ¶ 3, Ex. 2.) On ...

Excerpt: ...icas) Inc. (“Yusen”), Hideo Saito (“Saito”), Taka Endo (“Endo”), and Scott Corless (“Corless”) (collectively, “Defendants”). Petzold asserts causes of action for FEHA discrimination, FEHA retaliation, FEHA failure to prevent discrimination and retaliation, wrongful termination in violation of public policy, defamation, and intentional infliction of emotional distress. Petzold alleges that he was hired to work for Yusen in or a...

Excerpt: ...l malpractice action against Defendants Russell W. Roten (“Roten”) and Duane Morris (the “Law Firm”). A First Amended Complaint by Client Against Law Firm and Former CEO, for Secretly Representing Interests of Former CEO Over Interests of Client (“FAC”) was filed on May 21, 2015, which added Andrew P. Scott (“Scott”) as a defendant. On June 22, 2015, Scott filed an Answer to the FAC. On September 16, 2015, the Court set an initial...

Excerpt: ...vek”) filed this employment action against Defendant County of Los Angeles (the “County”) on March 2, 2018. The operative First Amended Complaint (“FAC”) was filed on July 20, 2018. The FAC asserts causes of action for FEHA retaliation and whistleblower retaliation (Labor Code § 1102.5). The County now demurs to both causes of action. The County also moves to strike portions of the FAC. Pavek opposes both. Request for Judicial Notice T...

Excerpt: ...710261 Hearing Date: May 16, 2019 Hearing Time: 8:30 a.m. [TENTATIVE] ORDER RE: MOTION TO COMPEL ARBITRATI O PENDING ARBITRATION Background Plaintiff Laira Yazhira De La Vega (“Plaintiff”) filed this employment action on June 15, 2018 against Defendants International Education Corporation (“IEC”) and Ricardo (Richard) Grizzelle (“Grizzelle”) (jointly, “Defendants”), asserting causes of action under FEHA, including discrimination, ...

Excerpt: ...y Counsel for the County of Los Angeles (the “State”) and the County of Los Angeles (the “County”) (jointly, “Plaintiffs”) filed this action on August 23, 2018 against Defendants 15319 <003c005200580051004a00 000300140016000f0003[2019, Plaintiffs filed the operative First Amended Complaint (“FAC”) against Avalon, New Divisions Capital, Inc., Avalon 25 Cap, also known as Avalon, and Amanda Shipkey (collectively, “Defendants”). ...

Excerpt: ...flecting $1,000,000 demanded in the complaint, $109,825.06 in interest, and $708.50 in costs. The Court notes a number of issues with the submitted default judgment package. First, the Request for Court Judgment shows $1,110,533.56 in credits acknowledged, which would result in a balance of $0.00 on the judgment to be entered. Second, Plaintiff has failed to sufficiently prove up her damages. The court is required to render default judgment only ...

Excerpt: ...orth America, Inc. (“NNA”). The operative First Amended Complaint (“FAC”) was filed on December 26, 2018, although the Court notes that the FAC does not appear in the Court's records as having been filed at all. (Resnick Decl., ¶ 4, Ex. B.) The FAC asserts causes of action pursuant to the Song-Beverly Consumer Warranty Act and alleges that NNA manufactured vehicles with transmission defects that were purchased by the plaintiffs. Eighty-t...

Excerpt: ... (“Molina”) opposes. This Song-Beverly Act action was filed on May 22, 2018. Since the filing of this action, GM has served two sets of discovery and noticed a deposition of Molina. (Dankert Decl., ¶ 10.) Molina's deposition was set for May 8, 2019. The Court is not in receipt of a reply from GM, so it is unclear whether Molina's deposition went forward on May 8, 2019. In any event, GM has not yet been able to complete expert depositions. (D...

Excerpt: ... Labor Commissioner as the California Private Attorney General, on July 28, 2017 against Defendant Southwest Wine & Spirits, LLC (“Defendant”). The Complaint asserts causes of action for violations of the Labor Code for failure to provide and maintain accurate itemized wage statements and maintain records, failure to provide rest breaks, and failure to pay timely wages upon termination, as well as causes of action for violations of FEHA and w...

Excerpt: ...geles Department 50 ODITO A. PASCUA, Plaintiff, vs. EF T. MERHI, et al. Defendants. Case No.: BC 614772 Hearing Date: May 15, 2019 Hearing Time: 8:30 a.m. [TENTATIVE] ORDER RE: DEFENDANT YOUSSEF T. MERHI'S MOTION FOR SUM M ADJUDICATION Background On March 25, 2016, Plaintiff Epafrodito A. Pascua (“Pascua”) filed this action against various defendants asserting 15 causes of action. The operative Second Amended Complaint (“SAC”) was filed o...

Excerpt: ...Yohan Knipe, and Joseph Feldman (collectively, “Defendants”). The operative Second Amended Complaint (“SAC”) was filed on July 3, 2018. Defendants filed a demurrer to the SAC, and the Court sustained the special demurrer as to the entire SAC on the ground that the written settlement agreement underlying the SAC was not attached in full as an exhibit to the complaint. The Court also sustained the general demurrer to the constructive fraud ...

Excerpt: ...��); Cordi v. Venture Property Management, Case No. BC709533 (the “Cordi Matter”); Hallowell v. Venture Property Management, Case No. 18STCV04993 (the “Hallowell Matter”) (collectively, with the instant case, the “Related Matters”). In all of the Related Matters, Plaintiffs Sondra Lindsay Grossman (“Grossman”), Kristen Pascarella (“Pascarella”), Vincent Cordi (“Cordi”), and David Hallowell (“Hallowell”) (collectively, ...

Excerpt: ...eles, and the County of Los Angeles (collectively, “Plaintiffs”) seek leave to amend their Complaint. The original Complaint was filed on August <0053004800550057004c00 005100470003002d0048[ffery Young. Default was entered against Defendant 15319 Avalon Properties LLC on December 11, 2018. Defendant Jeffery Young was dismissed on January 24, 2019. Trial in this matter has not been set. Discussion Pursuant to Code of Civil Procedure section 47...

Excerpt: ...defendants asserting 15 causes of action. The operative Second Amended Complaint (“SAC”) was filed on December 12, 2016. This action arises from a series of loan transactions relating to an apartment building owned by Pascua and located at 1010 North Crescent Heights Blvd., West Hollywood, California 90045 (the “Property”). (SAC, ¶ 15.) In the SAC, Pascua alleges the following: in 2013, Pascua was having cash flow difficulties. (SAC, ¶ ...

Excerpt: ...4,140 Background Plaintiff Raven Starre (“Starre”) filed this action on December 15, 2017 against, inter alia, Defendants Brooke March, Nancy Johnson, Amy Sheely, Beth Bayard, Debra Artura, Steven Cervine, and Scott Cervine (collectively, “Defendants”), alleging that the defendants conspired to create and maintain a website where they publish defamatory statements and comments about Starre and her minor son. On October 18, 2018, Starre se...

Excerpt: ...forcement Act of 1986). Enacted by the voters in 1986, Proposition 65 (Health & Saf. Code, § 25249.5 et seq.) was designed to prevent the contamination of drinking water with, and generally protect the public from unknowing exposure to, harmful chemicals. Section 25249.5 provides in part: “No person in the course of doing business shall knowingly discharge or release a chemical known to the state to cause cancer or reproductive toxicity into w...

Excerpt: ...d this action on November 30, 2018 against Defendants Levi Estates, LLC (“Levi Estates”) and Eli Levi (“Levi”) (jointly, “Defendants”). The Complaint asserts causes of action for breach of contract, fraudulent deceit, breach of the implied covenant of good faith and fair dealing, breach of contract – third party beneficiary, and specific performance. This action arises out of a disputed transaction for the purchase of the real prope...

Excerpt: ...efendants The Liberty Company Insurance Brokers, Inc. (“The Liberty Company”), Julie Naines (“Naines”), Safeco Insurance Company of America (“Safeco”), Two Eleven Spalding Condominium Association (“Two Eleven Spalding”), and Bonnie Sugar (“Sugar”). The impetus of the lawsuit was a water incursion event in July 2014 and October 2015 at Plaintiffs' condominium that caused damage and property loss. Plaintiffs maintained homeowner...

Excerpt: ...��Sims”) filed this action on July 23, 2018 against Defendants Griffin-Westminster Properties I, LLC (“G-W”), Griffin Residential, LLC (“Residential”), Ian R. Griffin (“Griffin”), David Preston Allen (“Preston”), Alelhi G. Nichelson (“Nichelson”), John Gerber (“Gerber”), and Matthew Tyler Sanford (“Sanford”) (collectively, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on July 23, 2018...

Excerpt: ...ter alia, Defendant City of Los Angeles (the “City”) and various police officers in the Los Angeles Police Department (“LAPD”). The Complaint asserts causes of action for assault and battery, false arrest and imprisonment, negligent training, retention, and hiring, violation ofCivil Code section 52.1 (the “Bane Act”), and violation of Civil Code section 51.7 (the “Ralph Act”). Plaintiff now moves for an order directing the LAPD to...

Excerpt: ...& Resorts, and Jack Russell on November 14, 2018. The Complaint asserts various FEHA causes of action as well as a cause of action for defamation. Defendant M&C Hotel Interests, Inc. (erroneously sued as Millennium Biltmore Hotels & Resorts and Millennium Biltmore Hotel – Los Angeles) (“Defendant”) now demurs to the defamation cause of action on the grounds that it fails to state facts sufficient to constitute a <0003005200530053005200 5600...

Excerpt: ...iff”) initiated this wrongful death action on December 30, 2016 against Defendants City of Los Angeles (the “City”), Los Angeles Police Department (the “LAPD”), and Officer Charles Kumlander (“Kumlander”). The operative First Amended Complaint (“FAC”) asserts causes of action for wrongful death (assault and battery), wrongful death (negligence), violation of the Ralph Civil Rights Act (Civil Code section 51.7), violation of Bane...

Excerpt: ...ter alia, Defendants Title 365 and Stewart Title Company (jointly, the “Title Defendants”). The operative Verified First Amended Complaint, filed August 15, 2017, alleges causes of action for quiet title, reformation of grant deed, negligence, breach of fiduciary duties, and unjust enrichment (“FAC”). Plaintiffs allege only the negligence cause of action against the Title Defendants. In particular, Plaintiffs allege that prior to the clos...