Excerpt: ...d derivatively on behalf of Onyx Tower Management, LLC (“Plaintiff”) filed this action on November 30, 2018, against Defendants Onyx Tower Group, LLC (“Onyx”), Sam Hakim, Michael Hakim, Julia Hakim, and Tanya Hakim. The operative First Amended Complaint (“FAC”) was filed on February 27, 2019. Default was entered against all defendants except Onyx on April 29, 2019. Default was entered against Onyx on May 7, 2019. Defendants Onyx, Sam ...

Excerpt: ...25, 2019 against Defendants 1565 Haslam, LLC (“Haslam”), Lee Wong (“Wong”), Alex Cardenas aka Alejandro Cardenas (“Cardenas”), Ruben Trejo (“Trejo”), and LW Asset Management, LLC (“LW Asset”). This action concerns possession of the property located at 2115 Kress Street, Los Angeles, California 90046 (the “Property”). Plaintiff alleges that it purchased the Property following a foreclosure sale. Default was entered against ...

Excerpt: ...ackground Defendant Nissan North America, Inc. (“NNA”) brings this demurrer to the Complaint of Plaintiff Efrain C. Ramirez (“Ramirez”). The operative First Amended Complaint (“FAC”) asserts causes of action for violations of the Song-Beverly Act and fraudulent inducement- concealment. NNA demurs to the fraudulent inducement-concealment cause of action. NNA also moves to strike allegations of punitive damages from the FAC. Ramirez opp...

Excerpt: ...”). The Complaint asserts causes of action for (1) FEHA – sexual harassment/hostile work environment, (2) FEHA – failure to protect, and (3) FEHA – retaliation. The retaliation claim was dismissed on October 3, 2019. Eagle now moves for summary judgment or, in the alternative, summary adjudication of each cause of action and Zeron's punitive damages claim. Zeron opposes. Legal Standard “[A] motion for summary judgment shall be granted i...

Excerpt: ...tion on July 18, 2017 against Defendants LGI Association, Inc. (“LGI”) and John C. Chiu (“Chiu”). The operative Second Amended Complaint (“SAC”) was filed on April 20, 2018. Urbina seeks damages totaling approximately $63,000. On July 13, 2018, LGI and its principals filed a Cross-Complaint against Chiu and certain Chiu-related entities. Urbina alleges that he worked as a handyman for LGI and Chiu at various apartment buildings owned ...

Excerpt: ...ion against Defendants United Parcel Service, Inc. (“UPS”) and Ryan Quon (“Quon”). The Complaint asserts causes of action for (1) Ralph Civil Rights Act (Civ. Code, §§ 51.7, 52), (2) sexual harassment in violation of FEHA, (3) failure to prevent sexual harassment in violation of FEHA, (4) negligent hiring, supervision or retention, (5) stalking (Civ. Code, § 1078.7), (6) intentional infliction of emotional distress, and (7) injunctive ...

Excerpt: ...laintiff”) asserts causes of action for fraudulent conveyance, creditor's suit under C.C.P. § 708.210, et seq., and avoidance of fraudulent transfers of real property against various defendants. On February 25, 2019, Defendants 5461 Kester Avenue Investments LLC, 221 West Elm Investments LLC, 1121 Swall Associates LLC, 1111 Crest Drive LLC, David Hekmatjah and Beata Hekmatjah, individually and as Trustees of the David and Beata Hekmatjah Famil...

Excerpt: ...efendants Equity Residential Management, LLC, Glo Apartments, Amtech Elevator Services, and North American Elevator Services. The Complaint asserts causes of action for negligence, premises liability, and strict products liability stemming from injuries sustained by Marcum while he was riding in an elevator that came to an abrupt and sudden stop on July 11, 2017. Defendant Pacific Coast Elevator Corporation dba Amtech Elevator Services (“Amtech...

Excerpt: ...ckground This action was brought by Intelligent SCM, LLC (“ISCM”), against its former counsel, Russell W. Roten (“Roten”) and the law firm Duane Morris (jointly, the “Firm Defendants”), and one of ISCM's members, Andrew Scott (“Scott”) on February 13, 2015. The operative Fourth Amended Complaint (“4AC”) was filed on July 9, 2019, and asserts causes of action against the Firm Defendants for constructive fraud/breach of fiduciar...

Excerpt: ...kground On March 23, 2018, Plaintiff Candy Lopez (“Lopez”) filed this action against Defendants United Parcel Service, Inc. (“UPS”) and Ryan Quon (“Quon”). The Complaint asserts causes of action for (1) Ralph Civil Rights Act (Civ. Code, §§ 51.7, 52), (2) sexual harassment in violation of FEHA, (3) failure to prevent sexual harassment in violation of FEHA, (4) negligent hiring, supervision or retention, (5) stalking (Civ. Code, § 1...

Excerpt: ...aintiff”) filed this employment action against, inter alia, Defendants Woodward HRT, Inc. (“HRT”), Woodward, Inc. (“Woodward”), and Kenneth Bowthorpe (“Bowthorpe”) (collectively, “Defendants”). Plaintiff's Complaint asserts causes of action for (1) disparate treatment, (2) hostile work environment, (3) retaliation in violation of FEHA, (4) failure to prevent discrimination, harassment, and retaliation, (5) whistleblower protecti...

Excerpt: ...d 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 On June 20, 2019, MLG filed a Notice of Acceptance of Offer to Compromise Pursuant <0003003200490049004c00 004400550055005c0003[Rabineau and Larry Rabineau (the “Notice of Acceptance�...

Excerpt: ...ra Shofler Family Trust and The Raymond Shofler IRA (collectively, “Plaintiffs”) filed this instant action against defendants Alan C. Fox, individually and as Trustee of the Alan C. Fox Revocable Trust (“Fox”) and ACF Property Management, Inc. (“ACF”) (collectively, “Defendants”) alleging Defendants made false representations regarding investment opportunities. Defendants now move for an order disqualifying counsel for Plaintiffs,...

Excerpt: ...ersonal injury action on April 8, 2016. This action arises from injuries sustained by Hernandez when he was painting a wall on the side of a loading dock area at a Food 4 Less Store as part of a remodeling project. In the Complaint, Plaintiffs named The Kroger Co., (“Kroger”), Ralphs Grocery Company (“Ralphs”), Food 4 Less Holdings, Inc., and Food 4 Less of Southern California as defendants. <00170003002f0048005600 000300170003002f0048[ss...

Excerpt: ...ts Compass Group USA, Inc., Compass One, LLC, Eurest Services, Inc., and Ronald E. Lee (collectively, “Defendants”). The Complaint asserts causes of action for violations of the Labor Code for failure to pay all minimum and overtime wages, failure to provide required meal periods, failure to authorize and permit rest periods, failure to reimburse, failure to pay wages when due, and failure to keep accurate records as well as causes of action ...

Excerpt: ...ndants Jose L. Magallon (“Jose Magallon”) and Bertha Magallon (“Bertha Magallon”) (jointly, “Defendants”) on February 3, 2017. The operative First Amended Complaint (“FAC”) was filed on July 12, 2018. Defendants now move to strike portions of the FAC seeking punitive damages and an award of attorney's fees. Plaintiffs oppose. Legal Standard A court may strike any “irrelevant, false, or improper matter inserted in any pleading”...

Excerpt: ...inst Defendants Brinderson, L.P., Brinderson Constructors, Inc., Schultz Industrial Services, Inc., and Aegion Corporation (collectively, “Defendants”). The Complaint asserts various causes of action for violations of FEHA based on age and disability discrimination, as well as intentional infliction of emotional distress. Defendants[1] now demur to the cause of action for intentional infliction of emotional distress for failure to state facts...

Excerpt: ...artment of Transportation (jointly, “Caltrans”). The Complaint asserts causes of action for disability discrimination, failure to reasonably accommodate, discrimination based on national origin/ancestry, discrimination based on age, retaliation, and failure to prevent discrimination and retaliation. As part of his damages allegations, Vahedi alleges that he “suffered mental and emotional distress” and “an exacerbation of his medical con...

Excerpt: ...008.59 reflecting $33,385.09 as demanded in the complaint, $2,100 in attorney's fees, and $523.50 in costs. The Court notes a number of defects with the submitted default judgment package. First, a plaintiff cannot be granted more relief than is asked for in the complaint. (Code Civ. Proc., § 580(a).) “In all default judgments the demand sets a ceiling on recovery.” (Finney v. Gomez (2003) 111 Cal.App.4th 527, 534.) Here, the damages amount ...

Excerpt: .... The operative First Amended Complaint (“FAC”) was filed on May 30, 2018, and asserts causes of action for medical negligence, elder abuse, negligent infliction of emotional distress, strict products liability, and products liability. In the FAC, Plaintiffs allege that Stone received treatment from Defendants on February 29, 2016. (FAC, ¶ 20.) Plaintiffs also allege that they did not discover Defendants' wrongdoing until on or after July 20...

Excerpt: ...Trenton”) and Crystal Trenton (jointly, “Plaintiffs”) filed this construction defect action on May 13, 2016 against numerous defendants, including Polytek Group DBL Construction, Inc. (“Polytek”). Plaintiffs seek damages arising from the construction of a residential home, for which Polytek was the general contractor. Polytek is currently a suspended corporation, unable to defend itself in this matter. Therefore, Colony Specialty Insura...

Excerpt: ...n on August 9, 2018 against, among others, Defendants Viv Collection, Inc. (“Viv”) and Dongkoo Jeon (“Jeon”) (jointly, “Defendants”). The Complaint asserts causes of action for breach of contract, open account, account stated, goods sold and delivered, conversion, claim and delivery, promise without intent to perform, intentional misrepresentation, and negligent misrepresentation. Defendants now demur to the Complaint on the basis tha...

Excerpt: ...ation (“Bell Hospital”) and American Cardiocare Medical Center, Inc. (“American Cardiocare”) (jointly, “Plaintiffs”) filed this wrongful foreclosure action on March 5, 2013. Plaintiffs filed a First Amended Complaint (“FAC”) on June 9, 2015 against Defendants New Aid Medical Supply, Inc. (“New Aid”); Earl Collins; Rita Collins; T.D. Service Company (“T.D. Service”); and Fran DePalma (collectively “Defendants”). On Sept...

Excerpt: ...illo (“Castillo”), Norma Salamanca (“Salamanca”), and Teresa Doe (“Doe”) (collectively, “Defendants”). The Complaint asserts causes of action under FEHA for discrimination, harassment, and retaliation based on disability, based on race/national origin, and based on sex/gender, failure to engage in good faith interactive process, failure to accommodate, violation of CFRA, intentional infliction of emotional distress, violation of L...

Excerpt: ...SEMARY PERERA'S MOTION TO COMPE L FURTHER RESPONSES FROM DEFENDANTS GLOBAL FINANCIAL DISTRIBUTORS, INC. AND ALAN HARRIN G TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET AND REQUEST FOR SANCTIONS Background On November 9, 2017, Plaintiff Rosemary Perera (“Perera”) propounded Form Interrogatories, Set One on Defendant Global Financial Distributors, Inc. (“GFD”) and Requests for Production of Documents, Set One on GFD and Defendant Alan Harring...

Excerpt: ...i (“Santi”) and Like 101 Web-Development (“Like 101”) in the amount of $108,696.90. The Court notes that Plaintiff has corrected many of the deficiencies identified in the Court's June 11, 2018 order denying Plaintiff's previous request for default judgment. However, the Court finds that separate judgment in this case is not proper. First, the Court notes that the entirety of Plaintiff's legal argument in support of the application for se...

Excerpt: ...nst Defendants Rodeo Realty Inc. and Monty Abramov (“Abramov”) (jointly, “Rodeo”). The operative Third Amended Complaint (“TAC”) asserts causes of action for professional negligence and breach of fiduciary duty against Defendants. The action arises from the attempted sale and purchase of residential real property located at 503 N. Elm Drive, Beverly Hills, California 90210 (the “Property”). Rodeo now moves for summary judgment, or...

Excerpt: ...E”) (jointly, the “Wilsons”) move for an order imposing monetary sanctions and reasonable attorney's fees and costs against Plaintiff Jon Mahdian (“Mahdian”), in the amount of $109,561.00, pursuant to Code of Civil Procedure sections 128.5 and 128.7. The Wilsons contend that Mahdian engaged in bad faith litigation tactics in dismissing a case three weeks before trial and then refiling one week later. Mahdian opposes. Discussion Code of ...

Excerpt: ...dant Farmers Insurance Exchange (“Farmers”). Ambrosio's 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. The operative First Amended Complaint (“FAC”) was filed on May 17, 2018, asserting the same c...

Excerpt: ...ompany (“Ford”) alleging, inter alia, violations of provisions of the Song‐Beverly Consumer Warranty Act and the Magnuson‐Moss Act. Ford now moves to disqualify Victor Block, counsel for Plaintiff, and his law firm, the Block Law Group, because Mr. Block previously and recently represented Ford in hundreds of Lemon Law cases as an associate at Gates, O'Doherty, Gonter & Guy LLP (“GOG&G”). Churchwell opposes. [1] Evidence Request for J...

Excerpt: ...t Defendants Allstar Homes & Construction, LLC (“Allstar”) and Frank Hegedus IV (“Hegedus”) (jointly, “Defendants”). National Funding's Complaint asserts causes of action for breach of contract and breach of written guaranty. National Funding alleges that Allstar entered into a written business loan agreement (the “Loan Agreement”) with National Funding, and Hegedus personally and unconditionally guaranteed the obligations and dut...

Excerpt: ...ille Myers and Perdita H. Myers Family Trust Under Instrument of Trust Dated August 3, 1988 (jointly, “Plaintiffs”) filed the Complaint to Set Aside Fraudulent Conveyances; for Appointment of a Receiver; and Declaratory Relief re Priority of Deed of Trust (the “Complaint”) on February 13, 2018. Plaintiffs allege that Defendants Bianca Brianne Espinoza (“Bianca”) and Brittany Diane Espinoza (“Brittany”) wrongfully conveyed their in...

Excerpt: ...rmers Insurance Exchange (“Farmers”). Whitmer's Complaint asserts causes of action for discrimination in violation of FEHA, retaliation in violation of FEHA, failure to prevent in violation of FEHA, and discrimination against public policy stemming from his alleged demotion from a Division Manager to a GRP Field Consultant. Farmers previously demurred to the first three FEHA causes of action on the basis that they were time-barred, which demu...

Excerpt: ...rust Complete Restatement Dated 3/24/16 (“Baumel”) filed a verified complaint initiating this action. Baumel's Complaint alleges causes of action for breach of fiduciary duty, elder abuse, an accounting and declaratory relief against Defendant Charles De Seve (“De Seve”). On October 10, 2017, De Seve filed a Verified Cross-Complaint against Baumel alleging breach of oral contract, promissory estoppel and declaratory relief (the “Cross-C...

Excerpt: ...e Hearing on Objections discussed below. The Court orders the parties to meet and confer by telephone or in person in a serious and good faith effort to resolve and eliminate the objections. The only objections that should remain are those that pertain to material evidence regarding material issues. Keeping the rules of evidence in mind, the parties should be able to reduce the objections to just a few. If any material objections remain unresolve...

Excerpt: ... Steven Cervine (collectively, “Defendants”) bring this demurrer to the Complaint of Plaintiff Raven Starre (“Starre”). The Complaint asserts causes of action for libel per se (against all Defendants, including non-demurring defendants) and civil extortion (against Nancy Johnson, Amy Sheely, and Beth Bayard, among other nondemurring defendants). Defendants demur to the libel per se cause of action on the grounds that Starre fails to state...

Excerpt: ...gh his Guardian Ad Litem, Clarence Tate (“Tate”) and Defendant FCA US LLC (“FCA”) entered into a stipulated protective order on March 16, 2016 relating to documents produced in discovery considered proprietary or confidential. (Cosgrove Decl., Ex. 1, ¶ 1.) On June 21, 2018, Plaintiff filed an amended motion to modify the final status conference exchange lists and purportedly appended to an amended version of Plaintiff's counsel's support...

Excerpt: ...3, 2016 alleging that the defendants deprived Plaintiff of water she was entitled to receive from an open canal that runs through Plaintiff's property by wrongfully diverting the water from the canal to an underground pipeline. The Defendants are as follows: the City of Azusa; Azusa Valley Water Company (“AVWC”); George Morrow (“Morrow”); Fran Delach (“Delach”); and Chet Anderson (“Anderson”) (collectively, the “City Defendants�...

Excerpt: ...�), Denys Cowan (“Cowan”), Derek Dingle (“Dingle”), Hudlin Entertainment, Inc. (“HEI”), Milestone Media Company, LLC (“New Milestone”), and Milestone Media, Inc. (“Old Milestone”) (collectively, “Defendants”) on July 31, 2017. The Complaint asserts causes of action for breach of fiduciary duty, aiding and abetting breach of fiduciary duty, intentional interference with prospective economic relations, fraudulent conveyance,...

Excerpt: ...nt Sports & Entertainment, LLC (“ISE”) and Relativity Sports, LLC. The Complaint asserts causes of action for gender and race discrimination, unequal pay, retaliation, failure to prevent discrimination, and wrongful termination. ISE successfully moved to compel arbitration and stay this action pursuant to an arbitration agreement entered into by Li in connection with her employment. Plaintiff now moves to lift the stay to permit her to file a...

Excerpt: ...efendant Baldwin Park Unified School District (“BPUSD”). Schmittle's Complaint alleges causes of action for discrimination, retaliation, failure to accommodate, failure to engage in good faith interactive process, and failure to prevent discrimination. On May 2, 2018, this Court issued an order granting Schmittle's motion to compel production of documents, namely certain emails that were withheld by BPUSD on the basis of Insurance Code sectio...

Excerpt: ...H. Myers, both individually and as trustees of the Orville Myers and Perdita H. Myers Family Trust Under Instrument of Trust Dated August 3, 1988 (jointly, “Plaintiffs”) under Code of Civil Procedure section 430.10, subdivision (c), which provides that demurrer is proper if “[t]here is another action pending between the same parties on the same cause of action.” (Code Civ. Proc., § 430.10(c).) Plaintiffs oppose on the basis that the “o...

Excerpt: ... purchased a new vehicle from Defendant which she later discovered suffered from numerous defects and malfunctions. Plaintiff alleges that Defendant refused to repurchase the nonconforming vehicle. The Complaint asserts causes of action under the Song-Beverly Consumer Warranty Act (“Song- Beverly”). On May 24, 2017, Defendant served a Code of Civil Procedure section 998 offer for $44,000, which offer was not accepted. (Proudfoot Decl., ¶ 9.)...

Excerpt: ...ront, LLC (“RBW”) filed on November 9, 2017. 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. RBW alleges that it and the City entered into a development project for the Redondo Beach waterfront, the “Waterfront Project.” (Compl., ¶¶ 18-19.) RBW invested mo...

Excerpt: ...section 36(a). Trial in this matter is currently set for August 29, 2018, and Baumel requests that trial be set on a date after September 18, 2018 (the date of the parties' mediation) and before November 20, 2018. Defendant and Cross-Complainant Charles de Seve (“de Seve”) opposes. Discussion Code of Civil Procedure section 36(a) provides: (a) A party to a civil action who is over 70 years of age may petition the court for a preference, which...

Excerpt: ...LDO SUAREZ, Plaintiffs, vs. FORD MOTOR COMPANY, et al. Defendants. Case No.: BC 640103 Hearing Date: July 23, 2018 Hearing Time: 8:30 a.m. [TENTATIVE] ORDER RE: PLAINTIFF'S MOTION FOR ATTOR N EXPENSES Background Plaintiff Leovigildo Suarez (“Plaintiff”) filed this action on November 7, 2016 against Defendant Ford Motor Company (“Defendant”). Plaintiff alleges that he purchased a new vehicle from Defendant which he later discovered suffere...

Excerpt: .../08/1991 (jointly, “Plaintiffs”) filed the instant Complaint in Unlawful Detainer on February 16, 2018 against Defendants Faye M. Ogawa (“Faye Ogawa”), Craig A. Ogawa (“Craig Ogawa”), and Design Details, Inc. (“Design Details”) (collectively, “Defendants”). The Complaint alleges that per a written commercial lease agreement entered into on November 15, 2010, Defendants agreed to pay rent of $8,000 per month to Plaintiffs. The ...

Excerpt: ...la Hertz, as Trustees of the Paul L Garcell and Pamela Hertz Revocable Family Trust, Stacey L. Hertz, as Trustee of the Stacey L. Hertz Revocable Family Trust, and as Personal Representative of the Estate of Murray Hertz, Patrick Dermody and Clara Carmen Dermody as individuals and Trustees of the Patrick and Clara Carmen Dermody Family Trust, Robert Richardson, individually and as Trustee of the Robert S. Richardson and Saundra Richardson Family ...

Excerpt: ...e alleged refusal of Defendant Tisha Johnson (“Johnson”) to pay him sufficient benefits for damages arising out of a motor vehicle accident. Johnson now moves to quash service of the summons on the basis that she was improperly served. Hale opposes but did not file an opposition brief. Instead, on June 11, 2018, Hale filed an Objection to Defendant's Notice of Non-Receipt of Opposition to Johnson's Motion to Quash Service of Summons; Sanction...

Excerpt: ...��Suarez”), Julie Preston (“Preston”), and RJ Cook (“Cook”) (collectively, “Defendants”). Contreras was hired by HAL on November 5, 2012 as a case manager until her termination on June 18, 2015. (Defendants' Separate Statement of Undisputed Material Facts (“UMF”) 2, 23) Suarez, Preston, and Cook were Contreras's supervisors at various points in time during her employment. (UMF 3, 8, 15) Defendants now move for summary adjudicati...