Excerpt: ...3) FRO M CHERNICK, AS INDIVIDUALS (3) THE LIBERTY DEFENDANTS' M FURTHER RESPONSES TO SPE C (SET NO. 3) FROM DINA AND N I TRUSTEES (4) THE LIBERTY DEFENDANTS' M FURTHER RESPONSES TO SPE C (SET NO. 3) FROM DINA AND N I INDIVIDUALS Background Plaintiffs Dina B. Chernick and Nina L. Chernick, individually, and in their respective capacities as trustees of the Survivor's Trust Subtrust of the Chernick Family Trust (collectively, “Plaintiffs”) file...

Excerpt: ...ction 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 (Civ. Code § 51.7), violation of Banes Civil Rights Act (Civ. Code § 52.3), and n...

Excerpt: ...nts naming James Larson and Michael Larson in place of doe defendants. 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. Defendants Laura Larson, James Larson, and Michael Larson (collectively, “Defendants”) now move to strike the punitive damages allegations from the Complaint. Plaintiff opposes. Lega...

Excerpt: ...n G. Schaefer, individually and as the Trustee of the Susan G. Schaefer Trust dated October 11, 1990, and Daniel W. Schaefer, as the Trustee of the Daniel W. Schaefer Trust dated October 11, 1990 (collectively, “Plaintiffs”) filed this action on September 21, 2018 against Defendants Alan C. Fox, individually and as Trustee of the Alan C. Fox Revocable Trust (“Fox”), and ACF Property Management, Inc. (“ACF”) (jointly, “Defendants”)...

Excerpt: ... (“FIE”). The operative First Amended Complaint (“FAC”) asserts causes of action for discrimination in violation of FEHA (based on age, gender, and race), retaliation in violation of FEHA, failure to prevent discrimination in violation of FEHA, and discrimination against public policy (based on age, gender, and race) stemming from his alleged demotion from a Special Investigations Unit Zone Manager. FIE and defendant Farmers Group, Inc. (...

Excerpt: ...otice”). The Notice indicates that a request for dismissal will be filed no later than November 28, 2019. Once the Court was made aware of the settlement, the Court set a status conference re: status of signed settlement agreement for January 30, 2019. On January 30, 2019, the Court was informed that the parties had not signed the settlement agreement. The Court ordered Plaintiff to file a motion to set aside the Notice by February 6, 2019. Now...

Excerpt: ...nts Centinela Skilled Nursing & Wellness Centre West, LLC and Centinela Skilled Nursing & Wellness Centre East, LLC (jointly, “Defendants”). Plaintiff asserts violations of the Fair Employment and Housing Act, in particular, discrimination, failure to engage in the interactive process, failure to accommodate, retaliation, and wrongful termination in violation of public policy. Defendants now move for an order compelling arbitration pursuant t...

Excerpt: ...istrict”) and Self-Insured Schools of California II (“SISC II”) (jointly, “Plaintiffs”) filed this action on May 31, 2017 against Defendant Southern California ReLiEF (“SCR”). The Complaint asserts causes of action for (1) declaratory relief – duty to defend, (2) declaratory relief - equitable subrogation, (3) declaratory relief - equitable indemnity, and (4) declaratory relief - equitable contribution. SCR now moves for summary j...

Excerpt: ...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 water or onto or into land where ...

Excerpt: ...national Education Corporation (“IEC”) and Ricardo (Richard) Grizzelle (“Grizzelle”) (jointly, “Defendants”), asserting causes of action under FEHA, including discrimination, retaliation, and harassment, as well as causes of action for battery and assault. Plaintiff alleges that she was employed by IEC, and that Grizzelle was her supervisor. (Compl., ¶¶ 9, 11.) Plaintiff's claims in this lawsuit arise from a November 2017 work trip,...

Excerpt: ...e action for declaratory relief, reimbursement, and unjust enrichment against Defendants Sunzone Real Estate Group dba The Real Estate Group (“TREG”), Joseph S. Yarman (“Yarman”), Robin Jordan (“Jordan”), Truck Insurance Exchange, Protective Specialty Insurance Company, Weintraub Financial Services, Inc. (“Weintraub”), and WFS 7650 Balboa, LLC (“WFS”). On January 7, 2019, Weintraub and WFS filed a First Amended Cross-Complaint...

Excerpt: ... the hearing on the motion for attorneys' fees, costs, and expenses because the parties had failed to lodge required courtesy copies of the moving and opposing papers. The parties were ordered to lodge courtesy copies at least 5 court days prior to the date of the continued hearing. The Court did not receive any lodged courtesy copies by either party by the deadline, or at any time subsequently. The Court construes the moving party's failure to c...

Excerpt: ... (“Pennacle”) and Carolyn Ruffin (“Ruffin”). On July 23, 2018, Plaintiff filed the operative First Amended Complaint, adding Sandra Swain (“Swain”) as a defendant and seeking money damages (Pennacle, Ruffin, and Swain heretofore to be referred to collectively as “Defendants”). On August 29, 2018, default was entered against all Defendants and a request for a clerk's judgment for restitution of the premises only was made by Plainti...

Excerpt: ...s (“A. Rojas”), and Melissa Legorreta (“Legorreta”) (jointly, “Defendants”). In the operative First Amended Complaint (“FAC”), Sedillo asserts various causes of action, including causes of action for elder abuse, fraud, conversion, and breach of fiduciary duty, stemming from allegations that C. Rojas and A. Rojas wrongfully obtained title to certain real property rightfully belonging to Sedillo by a forged grant deed. Sedillo also...

Excerpt: ...poration and Larry Rabineau (jointly, “Rabineau”). Plaintiff Amir Mostafavi (“Mostafavi”) was later added as a plaintiff. The operative complaint alleges several causes of action relating to an alleged interference with Plaintiffs' contractual relations with a client <004c0057004b0003003500 00490052005500030024[dmission – Set Two (the “RFA”). (Mostafavi Decl., ¶ 3.) After attending an informal discovery conference to resolve disput...

Excerpt: ...inst Defendants Los Angeles Unified School District (“LAUSD”) and Napoleon Banks (“Banks”) (jointly, “Defendants”). Plaintiffs allege that on or about August 31, 2012, and again on or about September 7, 2012, Defendants negligently instructed, trained, controlled, supervised, warned, notified, counseled and monitored the football players at West Adams Preparatory High School (“West Adams”). Plaintiffs allege that Defendants knew o...

Excerpt: ...tion[1] arises from a dispute between Chidiac and Leonie (and Leonie's Board) over Chidiac's rights as a Leonie co-founder and co- owner. On December 14, 2018, Chidiac filed a First Amended Cross-Complaint (“FACC”) against Cross-Defendants Scott C. Black (“Black”), Tabetha Chandler (“Chandler”), Charles Thomas (“Thomas”), Rema Chidiac-DuPont (“DuPont”), and Heather Morgan (“Morgan”) (collectively, “Cross-Defendants”). ...

Excerpt: ...Defendants Alpha Staffing Services, Inc. (“Alpha”), Adecco USA, Inc. (“Adecco”), and Fashion Nova, Inc. (“Fashion Nova”) on May 31, 2018. Aviles alleges that Alpha, Adecco, and Fashion Nova were jointly her employers at all material times. (Compl., ¶¶ 9, 18; see also Compl., ¶¶ 15-17 [alter ego allegations].) In the Complaint, Aviles asserts causes of action for disability discrimination, retaliation, failure to prevent discrimina...

Excerpt: ...ointly, “Plaintiffs”) filed this action against Defendants C3 Capital LLC (“C3”), ABP Capital LLC (“ABP”), and Michael Persall (“Persall”) (collectively, “Defendants”). The Complaint asserts causes of action for fraud, negligent misrepresentation, breach of contract, and breach of the covenant of good faith and fair dealing. The material allegations of the Complaint are as follows. The One was intended to be the owner and deve...

Excerpt: .... Lin”). The operative First Amended Complaint (“FAC”), filed July 13, 2018, asserts causes of action for commercial appropriation of likeness under Civil Code section 3344, common law misappropriation of likeness, false light, public disclosure of private facts, negligence, and violation of the California Confidentiality of Medical Information Act against Dr. Lin and also Vision Institute of Southern California dba IQ Laser Vision (“IQ L...

Excerpt: ...(“Alpha”) on May 31, 2018. Aviles asserts causes of action for disability discrimination, retaliation, failure to prevent discrimination and retaliation, failure to accommodate, failure to engage in the interactive process, wrongful termination, declaratory judgment, and failure to permit inspection of personnel and payroll records. Alpha now petitions to compel arbitration and to dismiss or stay this action pursuant to a binding arbitration ...

Excerpt: ...”), Bernadine Johnston Stolar (“Stolar”), and Louis Johnston (“L. Johnston”) (collectively, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on November 6, 2017, and asserts causes of action for (1) breach of oral rental agreement, (2) breach of implied rental contract, (3) conversion, (4) assault and battery, (5) financial and physical elder abuse, (6) unjust enrichment, (7) misrepresentation, concealment,...

Excerpt: ...r Arvizu (“Plaintiff”) filed this action on October 11, 2017, alleging that she was subject to sexual harassment, discrimination, and retaliation, among other claims, during her employment as a restaurant busser at Gaucho Grill. Plaintiff now moves for an order imposing issue, evidentiary, and monetary sanctions against Defendants Cingular Grocers and Cingular HR (jointly, the “Cingular Defendants”) for their failure to comply with a disc...

Excerpt: ...ty”), Leana Anderson (“Anderson””), Mireya Gurrola (“Gurrola”), Bertha Gutierrez (“Gutierrez”), and Renee Crenshaw (“Crenshaw”) (collectively, “Defendants”). The First Amended Complaint (“FAC”) was filed on September 4, 2018, and asserts causes of action for violations of FEHA (discrimination, harassment, and retaliation on the basis of actual/perceived disability and also discrimination, harassment, and retaliation on...

Excerpt: ...nsurance Exchange (“Farmers”). Ambrosio's operative First Amended Complaint asserts causes of action for discrimination in violation of FEHA, retaliation in violation of FEHA, failure to prevent [discrimination] in violation of FEHA, and discrimination against public policy stemming from his alleged demotion from a Special Investigations Unit Zone Manager. Ambrosio now moves for leave to file a Second Amended Complaint. Defendants Farmers and...

Excerpt: ...��Plaintiffs”) filed this action on June 30, 2017 against,inter alia, Defendant City of Los Angeles (the “City”) and various police officers in the Los Angeles Police Department. The Complaint asserts causes of action for assault and battery, false arrest and imprisonment, negligent training, retention, and hiring, violation of Civil Code section 52.1 (the “Bane Act”), and violation of Civil Code section 51.7 (the “Ralph Act”). The ...

Excerpt: ... (“Hardy”). The Complaint asserts causes of action under FEHA for discrimination as well as various violations of the Labor Code. <0058004800030057005200 00260052005800510057[y. Hardy also requests an award of attorneys' fees and costs. Billberry opposes. Discussion “Except as otherwise provided by law and subject to the power of the court to transfer . . . the county where the defendants or some of them reside at the commencement of the ac...

Excerpt: ...(“Maserati”) on December 7, 2016. On or around July 15, 2014, Madadian leased a 2014 Maserati Ghibli (the “Subject Vehicle”) from an authorized dealer in California. (Wood Decl., ¶ 3, Ex. 1.) The total lease payments under the lease were $28,632.30. (Wood Decl., ¶ 3.) Madadian experienced various issues with the Subject Vehicle and presented the Subject Vehicle for repairs multiple times. (Wood Decl., ¶¶ 5-14.) None of the repairs wer...

Excerpt: ...ERNATIVE FOR SUMMARY ADJUDICATION Background Defendants The Liberty Company Insurance Brokers, Inc. (the “Liberty Company”) and Julie Naines (“Naines”) (jointly, the “Liberty Defendants”) move for summary judgment, or in the alternative, summary adjudication as to the cause of action for “negligence and breach of fiduciary duty” asserted against them in the operative Third Amended Complaint (“TAC”) of Plaintiffs Dina B. Cherni...

Excerpt: ...rer to the First Amended Complaint (“FAC”) of Plaintiff Fausta A. Carpizo Guevara (“Guevara”). This is a Lemon Law action, and the FAC asserts causes of action for violations of the Song-Beverly Act, fraudulent inducement-concealment, fraudulent inducement – intentional misrepresentation, and fraudulent inducement – negligent misrepresentation. NNA demurs to the FAC in its entirety and to each of the fraud causes of action on the grou...

Excerpt: ...une 7, 1991 (“Albert”), Susan G. Schaefer, individually and as the Trustee of the Susan G. Schaefer Trust dated October 11, 1990 (“S. Schaefer”), and Daniel W. Schaefer, as the Trustee of the Daniel W. Schaefer Trust dated October 11, 1990 (“D. Schaefer”) (collectively, “Plaintiffs”) filed this action on September 21, 2018 against Defendants Alan C. Fox, individually and as Trustee of the Alan C. Fox Revocable Trust (“Fox”), a...

Excerpt: ...ts asserting 15 causes of action. The operative Second Amended Complaint (“SAC”) was filed on December 12, 2016. Defendants Lorenzo Doumani and Lorenzo Doumani as Trustee of the Lorenzo Doumani Family Trust (jointly, “Doumani”) now moves for summary judgment, or in the alternative, summary adjudication on the grounds that there are no triable issues of material fact as to any of the causes of action pending against Doumani (breach of cont...

Excerpt: ... complaint against various defendants, asserting causes of action for medical negligence, elder abuse, negligent infliction of emotional distress, and products liability. The First Amended Complaint was filed on May 30, 2018. The gravamen of the claims concerns personal injuries sustained by Stone as a result of the use of a medical device. Trial in this action is scheduled for July 31, 2019. Plaintiffs now move for leave to file a Second Amended...

Excerpt: ...gins”) filed this action on April 13, 2018. The operative First Amended Complaint (“FAC”) was filed on October 11, 2018 against Defendants RPK Development Corporation (“RPK”), Korda Construction Corporation (“Korda”), and 7275 Franklin LLC (“Franklin”) (collectively, “Defendants”). Wiggins alleges that Defendants are the owners and property managers of the property[1] where Wiggins lives; that the property is uninhabitable; ...

Excerpt: ...asserting causes of action for breach of contract and breach of the duty of good faith and ordinary care against Defendants M&T Bank (“M&T”) and Orlans PC (“Orlans”) (jointly, “Defendants”). Defendants now demur to the FAC and each cause of action. No opposition to the demurrer was filed. Request for Judicial Notice The Court grants Defendants' request for judicial notice as to Exhibits A, B, D, E, and F. The document attached as Exhi...

Excerpt: ... CALIFORNIA RESTAURANT MUTU A CORPORATION'S MOTION FOR SU M MOTION TO SEAL CONFIDENTIAL F SUPPORT OF CRMBC'S MOTION FO R ADJUDICATION AND RELATED CROSS-ACTION Background This cases arises out of a dispute over an unpaid corporate assessment. Plaintiffs El Gallo Giro Corporation (“El Gallo”) and B. Wyse International Corporation (“B. Wyse”) filed their complaint against defendant California Restaurant Mutual Benefit Corporation (“CRMBC�...

Excerpt: ...tions 17200 and 17500 et seq. Multiversal Enterprises-Mammoth Properties, LLC (“Multiversal”) substituted in as plaintiff on February 25, 2015. Trial commenced on January 22, 2019. After Plaintiff completed its case in chief, Multiversal moved for judgment pursuant to CCP section 631.8. Background In this case, Multiversal asserts a cause of action for unfair, unlawful, or fraudulent business act or practices (the Unfair Competition Law (“U...

Excerpt: ...sson”) for breach of contract and common counts. Blum Collins, a law firm, alleges that Sasson, its prior client, failed to pay for legal services rendered. The operative First Amended Complaint (“FAC”) was filed on August 29, 2018. Sasson filed his answer on September 27, 2018. Sasson now moves for leave to file a cross-complaint against Blum Collins (and certain individual attorneys at Blum Collins) to assert causes of action for breach o...

Excerpt: ...”), the guardian ad litem[1] for Plaintiff Alvin Tate (“Plaintiff”), requested to address the Court with information regarding the conduct of Plaintiff's counsel, Joseph Davis, before and during the trial of the matter. (Cosgrove Decl., ¶ 1, Ex. A.) Tate's statements included that (1) Mr. Davis never intended to produce the Airbag Control Module (“AECM”) to Defendant FCA UC LLS (“FCA”) and Mr. Davis concocted the story that it was ...

Excerpt: ...nd Kiabod Afshar (“Afshar”) (jointly, “Defendants”). The Complaint asserts various causes of action for wage and hour violations under the Labor Code, as well as causes of action for violation of Business & Professions Code section 17200, common law assault, common law battery, intentional infliction of emotional distress, and negligent infliction of emotional distress. Defendants now demur to each cause of action of the Complaint on the ...

Excerpt: ... 5, 2018. Specially appearing Respondents Terner's Liquor (“Terner's”) and Fred Lalezari (“Lalezari”) (jointly, “Respondents”) now move to quash service of the petition to compel arbitration on the basis that they were improperly served. ATM opposes. Discussion Code of Civil Procedure section 418.10 provides in part: “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for...

Excerpt: ... brings this demurrer to the First Amended Complaint (“FAC”) of Plaintiffs Maria L. Amaya and Bladimir E. Amaya (jointly, “Plaintiffs”). The FAC asserts causes of action for violations of statutory obligations, namely, the Song- Beverly Act. GM demurs to the fourth cause of action (fraudulent inducement-concealment). GM also moves to strike allegations of punitive damages from the FAC. Plaintiffs oppose. Discussion A demurrer can be used ...

Excerpt: ...ivil Code section 3287, subdivision (a) or, in the alternative, subdivision (b). Defendant Maserati North America, Inc. (“Maserati”) opposes.[1] Following a bench trial, judgment was entered on August 30, 2018 in the total amount of $97,696.96 ($28,632.32 for Madadian's lease payments; a civil penalty of $57,264.64; $800 for Madadian's registration costs; $3,000 for insurance payments during the lease; $8,000 to acquire title to the subject v...

Excerpt: ...nd maintain a website where they publish defamatory statements and comments about Starre and her minor son. Starre now moves for leave to file a Second Amended Complaint to include allegations of additional postings on the website since this action was filed. Starre asserts that defendants have posted 19 new false, defamatory, harassing and threatening posts about Starre, and that these new posts make up the basis for a new cause of action for vi...

Excerpt: ...to be tried on the operative Third Amended Complaint by Plaintiffs Praxedes E. Running (“Running”) and Praxedes E. Running Trust (jointly, “Plaintiff”) are trespass (asserted against Defendants San Gabriel Water River Committee (“SGRWC”) and Covina Irrigating Company (“CICO”)) and negligence (asserted against CICO only). Plaintiff moves for a stay of the trial on the trespass and negligence causes of action pending the outcome of ...

Excerpt: ...nlawful Detainer Action”).[1] The instant matter and the Unlawful Detainer Action were related pursuant to this Court's order filed January 14, 2019. The operative Second Amended Complaint (“SAC”) in the instant case was filed on November 9, 2018, asserting causes of action for (1) declaratory relief, (2) declaratory relief, (3) quiet title, and (4) promissory estoppel. Defendant City of Los Angeles (the “City”) filed its Answer to the ...

Excerpt: ...carra Felix (“Felix”) and Felix, individually, filed this action on November 22, 2017 against Defendant Memorial Health Services dba Long Beach Memorial Medical Center (“LBMMC”). The operative First Amended Complaint (“FAC”) asserts causes of action for (1) elder abuse/neglect; (2) negligence, (3) wrongful death (on behalf of Felix individually only), and (4) negligent hiring, supervision, and retention. LBMMC now demurs to the first ...

Excerpt: ...perative Third Amended Complaint (“TAC”) was filed on March 16, 2018, and asserts causes of action stemming from a construction project of a residence located in Manhattan Beach, California. On February 22, 2017, Defendant Window Concepts, Inc. (“Window Concepts”) filed a Cross-Complaint as to several cross-defendants, and on June 19, 2018, filed a Moe Amendment naming Milgard Manufacturing, Incorporated (“Milgard”) directly. On July ...

Excerpt: ...CTIONS Background Defendant Chartwell Staffing Services, Inc. (“Chartwell”) moves to compel Plaintiff Brentwood Home, LLC (“Brentwood”) to provide further responses to Requests for Production of Documents, Set One (comprising nine requests) (the “Requests”). The Requests were served on June 4, 2018. (Soares Decl., ¶ 2, Ex. A.) Brentwood objected to all of the requests and provided no substantive responses. (Soares Decl., ¶ 3, Ex. B....

Excerpt: ...tant action on April 20, 2018 against Defendants County of Los Angeles (the “County”), Leana Anderson (“Anderson””), Mireya Gurrola (“Gurrola”), Bertha Gutierrez (“Gutierrez”), and Renee Crenshaw (“Crenshaw”) (collectively, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on September 4, 2018, and asserts causes of action for violations of FEHA (discrimination, harassment, and retaliation on the...