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: ...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: ...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: ...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: ...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: ...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...