Excerpt: ...AMENDED COMPLAINT Background This is a Lemon Law action. Defendant Kia Motors America, Inc. (“Kia”) brings this demurrer to the fifth (breach of the implied warranty of merchantability) and sixth (fraud by omission) causes of action of the First Amended Complaint (“FAC”) of Plaintiff Melinda Leblanc (“Leblanc”). Kia also moves to strike allegations relating to punitive damages. Leblanc opposes. Discussion A. Demurrer A demurrer can be...

Excerpt: ... 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. Plaintiffs now move for an order imposing sanctions pursuant to Code of Civil Procedure...

Excerpt: ...�� DEFENDANTS FRASER ROSS, A‐LIST, INC. AND H‐ LIST, INC. AND THIRD PARTY DEFENDANT CHRISTOPHER LEE FOR SUMMARY ADJUDICATION AND RELATED CROSS‐ACTIONS Background This action was filed on August 9, 2016 by Plaintiff Fraser Ross (“Ross”) against Christopher Lee (“Lee”). Defendants Spencer Spirit Holdings Inc. (“Spencer”), BHK Investments, LLC (“BHK”), Salus Capital Partners, LLC (“Salus”), and HGI Asset Management Holdings...

Excerpt: ...America (“HMA”). The Complaint asserts causes of action for violation of the Song-Beverly Act – breach of express warranty, violation of the Song- Beverly Act – breach of implied warranty, and violation of the Song-Beverly Act section 1793.2, arising from the purchase of a new 2013 Hyundai Tucson (the “Subject Vehicle”). HMA now move for summary adjudication as to the second cause of action for breach of implied warranty. Padilla oppo...

Excerpt: ...is (“Plaintiff”) 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 Second Amended Complaint (“SAC”), filed on May 9, 2019, asserts causes of action for wrongful death (assault and battery), wrongful death (negligence), violation of the Ralph Civil Rights Act (Civil ...

Excerpt: ..., Whizbang Productions, LLC, Good Entertainment Foundation, Teenasaurus Rox, Inc., and ES and G Entertainment, Inc. (collectively, “Defendants”) special motion to strike the Complaint of Plaintiffs Victor Borachuk and JupiterReturn, LLC (jointly, “Plaintiffs”). Defendants now move for an award of attorneys' fees and costs, as the prevailing defendants on an anti-SLAPP motion, in the total amount of $21,450.50. Plaintiffs oppose. Evidentia...

Excerpt: ...he Raymond Shofler IRA (collectively, “Plaintiffs”) filed this action on October 13, 2017 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”). The operative Second Amended Complaint (“SAC”) was filed on March 5, 2018, and asserts causes of action for breach of fiduciary duty, fraud (misrepresentation), fraud (co...

Excerpt: ...nt action against Defendants United Parcel Service, Inc. (“UPS”) and Ryan Quon (“Quon”) asserting, among other claims, violations of FEHA, stemming from allegations that Quon, Lopez's supervisor at UPS, sexually harassed her and threatened her with violence. On December 20, 2018, Quon filed a Cross‐Complaint against Lopez and UPS for breach of contract and for wrongful discharge in violation of public policy. On June 17, 2019, Quon file...

Excerpt: ...EIN, AND LAUREN MORRISON DICKSON'S MOTION TO STRIKE PORTIONS OF FIRST AMENDED COMPLAINT Background Plaintiff Dane C. Rinehart (“Rinehart”) filed this legal malpractice action on March 8, 2019. The operative First Amended Complaint (“FAC”) was filed on June 26, 2019, and asserts causes of action for (1) breach of fiduciary duty by attorney, (2) legal malpractice, (3) unfair competition, (4) false advertising, (5) fraud, (6) constructive fr...

Excerpt: ...iv”), Dongkoo Jeon (“Jeon”), DNS Trading, Inc. (“DNS”), London Eye, Inc. (“London Eye”), and Steve Jun (“Jun”). The Complaint asserts causes of action for (1) breach of contract, (2) open account, (3) account stated, (4) goods sold and delivered, (5) conversion, (6) claim and delivery, (7) promise without intent to perform, (8) intentional misrepresentation, and (9) negligent misrepresentation. Jun now moves for judgment on the ...

Excerpt: ...nst Defendant FCA US LLC. (“Defendant”). On or about June 24, 2019, the case settled for $45,000. (Romano Decl., ¶ 5, Ex. 1.) Plaintiff now moves for an award of attorney fees and costs. Defendant opposes. Discussion Civil Code section 1794, subdivision (d) provides: “If the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs...

Excerpt: ...603 Cimarron Street, Los Angeles, California 90047 (the “Property”). The Complaint asserts causes of action for (1) lack of title and standing, (2) negligent misrepresentation, (3) promissory estoppel, (4) breach of implied duty of good faith and fair dealing, (5) violation of Civil Code §§ 2924.17 and 2923.55, (6) violation of Homeowner's Bill of Rights, (7) violation of B&P Code § 17200, (8) cancellation of instruments, (9) wrongful fore...

Excerpt: ...s filed on July 26, 2018. The operative Second Amended Complaint (“SAC”) was filed on November 19, 2019. Plaintiff Mouris Ahdout (“Plaintiff”) 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. Defendants 5461 Kester Avenue Investments LLC, 221 West Elm Investments LLC, 1121 Swall Associates LLC, 1111 Crest...

Excerpt: ...AINTIFF'S FIRST AMENDED COMPLAINT Background Defendant Volkswagen Group of America, Inc. (“VW”) brings this demurrer to the First Amended Complaint of Plaintiff Thuy Chung (“Chung”). The operative First Amended Complaint (“FAC”) asserts causes of action for violations of the Song-Beverly Act and fraudulent inducement. VW now demurs to the fraudulent inducement causes of action (concealment, intentional misrepresentation, and negligent...

Excerpt: ...tal amount of $575,925.75, which includes $508,600 in special damages, $16,800 in general damages, $50,000 in attorney fees, and $525.75 in costs. “A complaint . . . shall contain . . . the following: . . . . (2) A demand for judgment for the relief to which the pleader claims to be entitled. If the recovery of money or damages is demanded, the amount demanded shall be stated.” ((Code Civ. Proc., § 425.10, subd. (a).) Code of Civil Procedure...

Excerpt: ...s 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 and that Defendants continued to occupy the Property af...

Excerpt: ...C dba Petite Taqueria (“Defendant”). The Complaint asserts causes of action for failure to pay and provide minimum wages, overtime, double time, rest periods, meal periods, and itemized wage statements. The Complaint also asserts a cause of action for violation of Business and Professions Code section 17200. Defendant now moves to compel arbitration of all of Plaintiff's claims and to stay this action pending completion of arbitration, pursua...

Excerpt: ...T AMENDED COMPLAINT Background On April 29, 2019, Plaintiff California Expanded Metal Products Company (“Plaintiff”) brought this action against Defendants Crystal IBC, LLC, Frank Crystal & Company, Inc., Alliant Insurance Services, Inc. (“Alliant”), and Kyle Shallahamer (“Shallahamer”) (collectively, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on November 7, 2019 and asserts causes of action for bre...

Excerpt: ...rin Lewis (“Plaintiff”) 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 Second Amended Complaint (“SAC”) asserts causes of action for wrongful death (assault and battery), wrongful death (negligence), violation of the Ralph Civil Rights Act (Civil Code section 51....

Excerpt: ...Y ADJUDICATION Background Plaintiff Raven Starre (“Starre”) filed this action on December 15, 2017. The operative Second Amended Complaint (“SAC”) was filed on March 1, 2019 against various defendants. The SAC asserts causes of action for (1) libel per se, (2) cyber stalking – violation of Civil Code § 1708.7, (3) intentional infliction of emotional distress, (4) conspiracy to commit libel per se, (5) aiding and abetting libel per se, ...

Excerpt: ...d On July 31, 2019, Plaintiff Renia Harbin (“Harbin”) filed this action arising out of the pending foreclosure proceedings related to her home located at 10603 Cimarron Street, Los Angeles, California 90047 (the “Property”). The Complaint asserts causes of action for (1) lack of title and standing, (2) negligent misrepresentation, (3) promissory estoppel, (4) breach of implied duty of good faith and fair dealing, (5) violation of Civil Co...

Excerpt: ...rbert (jointly, “Plaintiffs”) is continued to ______________, at 8:30 a.m., in Department 50. On January 22, 2020, the Court ordered Plaintiffs and Defendant FCA US LLC (“Defendant”) to provide courtesy copies of their papers in support and in opposition to the motion for attorney fees. Although the Court has since received Defendant's courtesy copies, Plaintiff's courtesy copies are still missing, including courtesy copies of the Declara...

Excerpt: ...against Defendant Kia Motors America, Inc. (“Defendant”). On or about August 9, 2019, the case settled for $13,233.53. (Kohen Decl., ¶¶ 3, 10.) Plaintiff now moves for an award of attorney fees and costs. Defendant opposes. Evidentiary Objections The Court rules on Defendant's evidentiary objections as follows: Objection 1: overruled as to paragraphs 10 and 11; sustained as to paragraphs 5, 6, 7, 8 and 9 Objection 2: sustained Objection 3: ...

Excerpt: ...) filed this action on March 29, 2018 against Defendants Conduent Payment Integrity Solutions, Inc. (“Conduent”) and Zina Khoshaba (“Khoshaba”) (jointly, “Defendants”). The Complaint asserts causes of action for violations of the California Confidentiality of Medical Information Act (Civil Code section 56, et seq.), negligence, tortious interference with attorney-client relationship, and intentional infliction of emotional distress. D...

Excerpt: ...TERMINATION OF GOOD FAITH SETTLEMENT PURSUANT TO C.C.P. SECTION 877.6(a) AND RELATED CROSS-ACTIONS Background Plaintiff Jesus Marquez (“Marquez”) filed this wage and hour action 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, and adds Saeid Karandish (“Karandish”), and Sharona Youabian (“Youabian”) as de...

Excerpt: ...s filed on July 30, 2019. Default on the First Amended Complaint against York was entered on September 20, 2019. York now moves to set aside the default pursuant to Code of Civil Procedure section 473, subdivision (b). Cook opposes. Discussion Code of Civil Procedure section 473, subdivision (b) provides in pertinent part: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissa...

Excerpt: ...state”) (jointly, “Plaintiffs”) filed this action on November 13, 2017 against Defendants David R. Haberbush (“Haberbush”) and Haberbush & Associates, LLP (jointly, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on July 2, 2018. Plaintiffs assert causes of action for legal malpractice, breach of fiduciary duty, and unfair competition. Defendants now move for summary judgment or, in the alternative, summar...

Excerpt: ... causes of action against 20 defendants. Plaintiffs are homeowners over 65 who allege that they were victims of the “HERO Program,” a form of public-private financing for clean energy home improvements paid through the homeowner's property taxes. Plaintiffs allege that while they were promised that the program would allow them to save money on energy costs, after they entered the program, their energy costs remained the same but their propert...

Excerpt: ... ANDREW SCOTT Background This case was filed on February 13, 2015 by Plaintiff Intelligent SCM, LLC (“ISCM”) against its former counsel, Russell W. Roten and the law firm Duane Morris (jointly the “Firm Defendants”), and one of ISCM's members, Andrew Scott (“Scott”). The gravamen of the lawsuit is ISCM's allegation that Scott was committing financial improprieties against the company and that the Firm Defendants favored Scott over ISC...

Excerpt: ...dant Palace Transport Company, Inc. (“Defendant”). Default was entered against Defendant on October 21, 2019, and default judgment against Defendant was entered on December 13, 2019. Defendant now moves to set aside the default pursuant to Code of Civil Procedure section 473, subdivision (b). Plaintiff opposes. Discussion Code of Civil Procedure section 473, subdivision (b) provides in pertinent part: “The court may, upon any terms as may b...

Excerpt: ...AINT AND RELATED CROSS-ACTION Background Plaintiff James Gibb (“Gibb”) filed this action on September 7, 2018 against Defendants Marada Enterprises, LLC dba Marada Pictures (“Marada”) and Sarah Lazow. The Complaint asserts causes of action for breach of contract and intentional interference with contractual relations. Marada filed a Cross-Complaint against Gibb on October 9, 2019, asserting causes of action for (1) breach of contract, (2)...

Excerpt: ... LLC (collectively, “Plaintiffs”) filed this action against, inter alia, Defendants James O. Conaway, Lorraine A. Conaway, Conaway & Conaway, Inc., Tycon Properties, Inc., and Tyler Banta (collectively, the “Conaway Defendants”). The operative First Amended Complaint was filed on December 5, 2017. Plaintiffs allege that Defendants advised on, marketed, and sold certain investment properties in St. Louis, Missouri to Plaintiffs, claiming t...

Excerpt: ...N AND RELATED CROSS-ACTIONS Background This action was filed on August 9, 2016 by Plaintiff Fraser Ross (“Ross”) against Christopher Lee (“Lee”). Defendants Spencer Spirit Holdings Inc. (“Spencer”), BHK Investments, LLC (“BHK”), Salus Capital Partners, LLC (“Salus”), and HGI Asset Management Holdings, LLC (“HGI”) (collectively, the “Lenders”) were later added as defendants, and A-List, Inc. (“A-List”) and H-List, I...

Excerpt: ... “Plaintiffs”) filed this action on May 7, 2018 against Defendant Dean C. Logan (“Defendant”) in his official capacity as Registrar-Recorder/County Clerk of the County of Los Angeles (the “RR/CC”). The Complaint asserts two causes of action, the first for state law preemption under article XI, section 7 of the California Constitution, and the second for equal protection under the Fourteenth Amendment of the United States Constitution....

Excerpt: ...rew Kim (“Kim”). The operative First Amended Complaint (“FAC”) was filed on September 12, 2019, and alleges causes of action for (1) failure to honor assignment, and (2) tortious acts to hinder, deter and defraud judgment creditor (including causing a failure to honor assignment). Park and Emajee (jointly, “Defendants”) now demur to both causes of action on the basis that each fails to state facts sufficient to constitute a cause of a...

Excerpt: ...ardian ad litem, Wadenya Amenya (jointly, “Plaintiffs”) filed the instant action on September 19, 2017 against Defendants Angelus Funeral Home (“Angelus”), Todd Davenport, Blance McConnell, and Edwin E. Nelson. The Complaint asserts causes of action for breach of contract, negligence, breach of the covenant of good faith and fair dealing, negligent infliction of emotional distress, negligence per se, intentional misrepresentation, and neg...

Excerpt: ... the Second Amended Complaint (“SAC”) of Plaintiff Stacey Terterian (“Terterian”). The SAC was filed on September 9, 2019 and asserts one cause of action for violation of Labor Code section 2699, et seq. (the “PAGA”). The Court sustained Defendant's demurrer to the First Amended Complaint (which also contained one cause of action for violation of the PAGA) on the ground that Terterian's lawsuit was barred by res judicata because Terte...

Excerpt: ...OMPLAINT AND RELATED CROSS-ACTION Background On February 14, 2017, Plaintiff Jason Post (“Post”) filed this action against Defendants Melissa Schwartz and Destination Happiness, LLC (jointly, “Schwartz”). The Complaint alleges causes of action for breach of oral contract, breach of fiduciary duty, fraud and deceit, and unfair business practices. Post alleges that he entered into an agreement with Schwartz wherein Schwartz would represent ...

Excerpt: ...y Construction Company (“Morley”), Benchmark Contractors, Inc. (“Benchmark”), Helix Electric, Inc. (“Helix”), and Blvd 6200 Owner South, LLC (“Blvd 6200”) (collectively, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on August 7, 2018, and asserts causes of action for (1) negligence, (2) negligence per se, and (3) premises liability stemming from injuries sustained by Cutts while working on a constr...

Excerpt: ...M. Gorlick (“Gorlick”) and Susan W. Hansen (“Hansen”) (jointly, “Plaintiffs”) filed this action against Defendants Scott William Smith (“Smith”) and Jessica B. Smith (jointly, “Defendants”) for quiet title to easement, for temporary restraining order and preliminary and permanent injunctions, nuisance, assault, intentional infliction of emotional distress, elder abuse, and property damage. This action arises from a dispute bet...

Excerpt: ...l Spine Care and Orthopedic Regenerative Experts (“Plaintiff” or “ISCORE”) filed this action against Defendants Metis Law Group, LLP (“Metis”), Arpa Avanessian (“Avanessian”), and Zhana Aivazi (“Aivazi”) (collectively, “Defendants”). Plaintiff alleges that Avanessian was injured in an automobile accident on June 15, 2016. (Compl., ¶ 6.) Avanessian sought treatment from Plaintiff, who agreed to treat Avanessian on a medica...

Excerpt: ...th Defendant Farmers Insurance Exchange (“FIE”). The operative First Amended Complaint (“FAC”) 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. FIE now moves for summary judgment, or in the alternative, summary adjudication of each of Whitmer's causes of action. Whitmer opposes. The Court notes that after F...

Excerpt: ...County of Los Angeles (the “County”) and various sheriff's deputies of the Los Angeles County Sheriff's Department (the “Sheriff's Department”). The operative Second Amended Complaint was filed on December 17, 2018, and asserts causes of action for negligence (wrongful death), violation of Civil Rights under the Bane Act, negligent hiring, training, and supervision, and battery. This lawsuit arises out of the shooting death of Zelalem Ewn...

Excerpt: ...ss (“Ross”), A-List, Inc. (“A-List”), and H- List, Inc. (“H-List”) (A-List and H-List to be jointly referred to as “Kitson” and Ross and Kitson to be collectively referred to as “Plaintiffs”) move pursuant to Code of Civil Procedure section 128, subdivision (a)(3) for an order staying all proceedings and for an order entering final judgment dismissing all claims as to Defendant Spencer Spirit Holdings Inc. (“Spencer”) so t...

Excerpt: ...��Icon West”), Gold Coast Transit District, and R S Bonding & Insurance Agency, Inc., alleging, among other things, breach of contract. Plaintiff alleges that it is owed payment under a subcontract agreement for work performed on a project known as the Gold Coast Transit District New Administration and Operations Facility (the “Project”). (Compl., ¶¶ 12-14.) On September 23, 2019, Plaintiff filed an amendment to the Complaint adding Hartf...

Excerpt: ...��Icon West”), Gold Coast Transit District, and R S Bonding & Insurance Agency, Inc., alleging, among other things, breach of contract. Plaintiff alleges that it is owed payment under a subcontract agreement for work performed on a project known as the Gold Coast Transit District New Administration and Operations Facility (the “Project”). (Compl., ¶¶ 12-14.) On September 23, 2019, Plaintiff filed an amendment to the Complaint adding Hartf...

Excerpt: ...ed by Plaintiff Lizbeth Padilla (“Padilla”) against Defendant Hyundai Motor America (“HMA”). On April 30, 2019, HMA served Padilla with Requests for Admission, Set One. (Ayzen Decl., ¶¶ 2, 9, Ex. A.) Padilla served unverified responses on June 24, 2019. (Ayzen Decl., ¶ 3.) Supplemental responses were served on August 2, 2019, but without verifications. (Ayzen Decl., ¶ 5.) Counsel for HMA attempted to meet and confer regarding the veri...

Excerpt: ...moves to bifurcate trial into two phases – liability and damages. In the alternative, Defendant moves for an order bifurcating punitive damages from liability/compensatory damages. Plaintiff opposes. Discussion Code of Civil Procedure section 1048(b) provides: “The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, ...

Excerpt: ...s action against Defendants County of Los Angeles[1] (the “County”) and Sandra Preciado. The Complaint asserts causes of action for (1) deprivation of civil rights – false evidence violations, and (2) failure to prevent discrimination and harassment and assault. The County now moves pursuant to Code of Civil Procedure section 391 for an order declaring Thomas a vexatious litigant and requiring Thomas to furnish a security as a prerequisite ...

Excerpt: ...019, Plaintiff Los Angeles County Metropolitan Transportation Authority (“LACMTA”) filed this eminent domain action against, inter alia, Defendant Beverly Hills Unified School District (“BHUSD”). LACMTA seeks to acquire two permanent subsurface tunnel easements and two temporary subsurface grouting easements below the Beverly Hills High School campus, located at 241 S. Moreno Drive, Beverly Hills, California (the “Subject Property”). ...

Excerpt: ...n 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 Second Amended Cross-Complaint (“SACC”) was filed on July 3, 2019, and asserts causes of action for conversion and for intentional infliction of emotion...

Excerpt: ...��Hernandez”) and Maricela Benitez (jointly, “Plaintiffs”) filed this action on April 8, 2016 against various defendants stemming 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 and was struck by a trash container that had been hit by a tractor trailer backing up into the loading dock. At the time, Hernandez was employed by Doo-Rite Pa...

Excerpt: ...LLS UNIFIED SCHOO L BIFURCATE AND SPECIALLY SET R FOR TRIAL Background On May 24, 2019, Plaintiff Los Angeles County Metropolitan Transportation Authority (“LACMTA”) filed two eminent domain actions against, inter alia, Defendant Beverly Hills Unified School District (“BHUSD”). In the first action (Case No. 19STCV18173), the “Administrative Building Action,” LACMTA seeks to acquire a permanent subsurface tunnel easement below a portio...

Excerpt: ...LLS UNIFIED SCHOO L BIFURCATE AND SPECIALLY SET R FOR TRIAL Background On May 24, 2019, Plaintiff Los Angeles County Metropolitan Transportation Authority (“LACMTA”) filed two eminent domain actions against, inter alia, Defendant Beverly Hills Unified School District (“BHUSD”). In the first action (Case No. 19STCV18173), the “Administrative Building Action,” LACMTA seeks to acquire a permanent subsurface tunnel easement below a portio...

Excerpt: ...uly 1, 2019, Plaintiff Intelligent SCM, LLC (“ISCM”) filed a motion to reopen discovery and to re-set pre-trial deadlines. On August 22, 2019, Defendant Andrew Scott (“Scott”) filed a special motion to strike the Fourth Amended Complaint pursuant to Code of Civil Procedure section 425.16. On August 23, 2019, the Court issued a minute order indicating that the parties agree that Scott and Defendants Russell W. Roten and Duane Morris LLP (j...

Excerpt: ...laintiffs”) filed this action on January 16, 2018 against defendants Century Law Group LLP and Rizza Gonzales (jointly, “defendants”) alleging plaintiffs suffered damages arising from defendants' legal representation of plaintiffs. On March 1, 2019, the Court granted Gordon's discovery motion and ordered that the truth of the matters specified in the Requests for Admissions, Set One propounded on defendants be deemed admitted. Defendants mo...

Excerpt: ...gnetecs Corporation (“Magnetecs”) and Pharmaco-Kinesis Corporation (“Pharmaco”). On April 26, 2019, plaintiff filed the operative Second Amended Complaint (“SAC”) adding defendant Yehoshua Shachar aka Josh Shachar (“Shachar”) and asserting one cause of action for Recognition of Foreign Money Judgment against Magnetecs, Pharmaco and Shachar (collectively, “defendants”). Plaintiff alleges on December 4, 2016, a judgment was ente...

Excerpt: ... for breach of contract, breach of covenants of good faith and fair dealing, and injunctive and declaratory relief against Defendant City Ventures Homebuilding, LLC (“Defendant”). This action was transferred from Santa Barbara County Superior Court to Los Angeles County Superior Court on June 11, 2019. This action arises from an agreement to develop approximately 12.31 acres of real property within the City of Goleta for a 175-unit mixed-use ...

Excerpt: ...d Plaintiff Jared Hartstein (“Plaintiff”) filed this employment action on December 13, 2016 against, among others, Defendant City of La Habra Heights (“Defendant”). Plaintiff alleges that he was subjected to harassment while a probationary firefighter for the City of La Habra Heights. In particular, Plaintiff alleges that during a training drill, his air tank was turned off, causing him to suffocate. Plaintiff alleges that he was traumati...

Excerpt: ...(the “People”) filed this action against Defendant Kandypens, Inc. (“Kandypens”) on October 31, 2018. This is a government enforcement action seeking to limit Kandypens's ability to sell vaping products to minors. The People seek injunctive relief and civil penalties for violations of Business and Professions Code section 17200, et seq., Business and Profession Code section 22950, et seq. (the “STAKE Act”), and Health and Safety Code ...

Excerpt: ...ssica Ivonne Zetino Morales, and Harlynn Amerylise Zetino Lopez, by and through her guardian ad litem, Elizabeth Noemy Zetino (collectively, “Plaintiffs”) filed this habitability action on May 10, 2018, asserting causes of action for violation of Civil Code section 1942.4, tortious breach of the warranty of habitability, private nuisance, violation of Business & Professions Code section 17200, and negligence. Plaintiffs now move for leave to ...

Excerpt: ... action on November 30, 2018, against Defendants Onyx Tower Group, LLC, Sam Hakim, Michael Hakim, Julia Hakim, and Tanya Hakim. Default was entered against, among others, Defendant Michael Hakim (“Defendant”) on April 29, 2019. Defendant now moves for relief from default and default judgment entered against him pursuant to Code of Civil Procedure section 473, subdivision (b). Plaintiff opposes. Discussion Code of Civil Procedure section 473, ...

Excerpt: ...ion to Be Relieved as Counsel for Plaintiff Dina B. Chernick Henry Ben-Zvi (“Counsel”) moves to be relieved as counsel of record for Plaintiff Dina B. Chernick. The Court finds that Counsel has complied with the relevant procedural requirements (CRC 3.1362) and has provided sufficient reason for withdrawal. Accordingly, the motion to be relieved as counsel is granted. Counsel is ordered to give notice of this ruling. The Liberty Defendants' A...

Excerpt: ...rust (“Fox”) and ACF Property Management, Inc. (“ACF”) (jointly, “Defendants”) move for (1) a protective order against the disclosure of third-party investors' private personal contact information through the deposition of third-party Bernard Belkin, (2) an order compelling the disclosure of certain nonprivileged, relevant documents and communications or, in the alternative, directing Plaintiffs not to interfere with Defendants' depos...

Excerpt: ...erts (“Plaintiff”) filed this action against Defendants Metis Law Group, LLP (“Metis”), Arpa Avanessian (“Avanessian”), and Zhana Aivazi (“Aivazi”) (collectively, “Defendants”). Plaintiff asserts causes of action for breach of written contract, breach of oral contract, and common counts (for reasonable value of services and account stated). Plaintiff alleges that Avanessian was injured in an automobile accident on June 15, 201...

Excerpt: ...nsurance Exchange (“Farmers”). In the operative First Amended Complaint (“FAC,”), filed on May 1, 2018, Melchionne alleges that Farmers demoted him from one position and failed to hire him for another due to his age, race, and/or gender. Melchionne asserts causes of action for discrimination under FEHA, retaliation under FEHA, failure to prevent discrimination under FEHA, and discrimination against public policy. Farmers now moves for sum...

Excerpt: ...), Dentway, Inc. (“Dentway”), and Hyung Kyu Kim (“Kim”) (collectively, “Defendants”). Plaintiff asserts causes of action for (1) breach of contract, (2) breach of oral contract, (3) intentional misrepresentation, (4) conversion, (5) breach of fiduciary duty, (6) conspiracy to defraud, and (7) quantum meruit. Plaintiff alleges that she and Lee were in a romantic relationship beginning sometime in 2010. (Compl., ¶ 10.) Shortly after sh...

Excerpt: ... “Plaintiffs”) commenced this action against, inter alia, Defendants Title 365 and Stewart Title of California, Inc. (jointly, the “Title Defendants”). The operative Second Amended Complaint, filed May 21, 2019, alleges causes of action for negligence and breach of fiduciary duties (“SAC”). Plaintiffs allege only the negligence cause of action against the Title Defendants. In particular, Plaintiffs allege that prior to the close of es...

Excerpt: ...hah Shouhed and Century Enterprises, Inc. dba Beverly Hills Auto Body and Paint (jointly, “Defendants”). Per the proof of service filed on February 28, 2019, Defendants were personally served with the summons and Complaint on February 22, 2019. On March 29, 2019, Tsylina filed requests for entry of default against Defendants. (Cung Decl., ¶¶ 4-6, Exs. A, B.) On the same day, Defendants filed their Answer to Plaintiff's Complaint, which cons...

Excerpt: .... The Complaint alleges causes of action for negligence, deceit under Civil Code sections 1709 and 1710, fraud, elder and dependent adult abuse, violation of the Real Estate Settlement Procedures Act, intentional or reckless infliction of emotional distress, unfair business practice underBusiness and Professions Code section 17200, unfair business practices under Civil Code section 1770, cancellation/rescission of documents, quiet title, and decl...

Excerpt: ... Raymond and Barbara Shofler Family Trust and The Raymond Shofler IRA (collectively, “Plaintiffs”) filed this action on October 13, 2017 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”). The operative Second Amended Complaint (“SAC”) was filed on March 5, 2018, and asserts causes of action for breach of fiduc...

Excerpt: ...n the total amount of $66,375.31 pursuant to Civil Code section 1717 and Code of Civil Procedure sections 1032 and 1033.5. Plaintiffs and Cross- Defendants Jasbir Singh, Jaswinder Kaur, Bola Properties, LLC, Jasmine Enterprises, Inc., and India's Grill, Inc. (collectively, “Plaintiffs”) oppose. On July 24, 2019, the Court issued an order on Molnar's motion for attorney's fees indicating that the Court needed additional information from Plaint...

Excerpt: ...tion HP, Inc. (“Kaiser”), Gayle Chambers, and Lisa Pitcher. Taylor was diagnosed with breast cancer in January of 2019 and is currently undergoing chemotherapy. (Taylor Decl., ¶¶ 2, 5.) The chemotherapy has resulted in nausea, weakness, extreme fatigue, and “chemo brain,” impairing Taylor's ability to concentrate, focus, and think clearly. (Taylor Decl., ¶¶ 5-7.) Taylor has been advised by her physician that she will require nine mont...

Excerpt: ...); Defendants Julias Stewart (“Stewart”) and Stewart-Reed Law Group Inc. (“Stewart Defendants”) RESPONDING PARTY: Plaintiff Xue Leng-Gard The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint arises from alleged wrongful actions taken in connection with payment of insurance benefits from her late husband's annuity. Plaintiff filed a complaint against Defendants alleging causes of action for: (...

Excerpt: ...efendant International Coffee & Tea, LLC (“Defendant”) brings this demurrer to the First Amended Complaint (“FAC”) of Plaintiff Stacey Terterian (“Terterian”), which was filed on April 2, 2019. The FAC asserts one cause of action for violation of Labor Code section 2699,et seq. (the “PAGA”). Defendant also moves to strike Terterian's request for a jury trial. Terterian opposes the demurrer. No opposition to the motion to strike wa...

Excerpt: ...yntte Ennise (“Ennis”), in her individual capacity and as guardian ad litem for Jaquoia Camper and Shamani Council (jointly, the “Minors”), Khala Browner (“Browner”), Tanique Taylor (“T. Taylor”), Anthony Moore (“Moore”), Latasha McLemore (“McLemore”), and Ralph Taylor (“R. Taylor”) (collectively, “Plaintiffs”) filed this action against Defendants Carpenters Property Management (“CPM”), Equity Holding Corp. (�...

Excerpt: ... Complaint asserts causes of action for professional malpractice and breach of fiduciary duty. Trial is currently set for June 24, 2020. Weiss now moves for leave to file a First Amended Complaint that includes punitive damages allegations. Defendants oppose. Discussion Pursuant to Code of Civil Procedure section 473(a)(1), “[t]he court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading.” Am...

Excerpt: ...rer to the First Amended Complaint (“FAC”) of Plaintiff Sara Flynn (“Flynn”). The FAC asserts causes of action for violations of the Song-Beverly Act and fraudulent by omission. GM demurs to the fraud by omission cause of action. GM also moves to strike allegations of punitive damages from the FAC. Flynn opposes. Discussion A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matter...

Excerpt: ...f filed amendments naming James Larson and Michael Larson in place of doe defendants. The operative First Amended Complaint (“FAC”) was filed on May 20, 2019, and it asserts causes of action for breach of the implied warranty of habitability, general negligence, nuisance, breach of contract, and invasion of privacy. Defendants Laura Larson, James Larson, and Michael Larson (collectively, “Defendants”) now move to strike the punitive damag...

Excerpt: ...ndividually and on behalf of The Raymond and Barbara Shofler Family Trust and The Raymond Shofler IRA (collectively, “Plaintiffs”) filed this action on October 13, 2017 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”). The operative Second Amended Complaint (“SAC”) was filed on March 5, 2018, and asserts caus...

Excerpt: ...ffs”) filed this action on April 8, 2016 against various defendants stemming 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. At the time, Hernandez was employed by Doo-Rite Painting, Inc. (“Doo-Rite”), which was subcontracted by FP Contracting, Inc. (“FP”) to provide painting services at the store. On November 8, 2017, Defendant A...

Excerpt: ... 17, 2018, against Defendants Green Lion Trading, Inc., GLT Logistics, Inc. (“GLT”), and Oleksandr Nazarchuk (“Nazarchuk”) (collectively, “Defendants”). The Complaint asserts causes of action for violations of the Labor Code, including for failure to pay wages due, failure to pay overtime premium, failure to pay meal and rest break premium, failure to provide wage statements, and waiting time penalties. The Complaint alleges the follo...

Excerpt: ...on February 21, 2018 against, inter alia, The B'Laster Corporation (“B'laster”), alleging causes of action for (1) negligence, (2) strict liability, (3) intentional/fraudulent concealment, and (4) loss of consortium. All causes of action except for intentional/fraudulent concealment are alleged against B'laster. The gravamen of the operative First Amended Complaint (“FAC”) concerns personal injuries sustained by Plaintiff Allen G. Shaw (�...

Excerpt: ...erica, Inc. (“NNA”) brings this demurrer to the Complaint of Plaintiff Efrain C. Ramirez (“Ramirez”). The Complaint 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 opposes. Discussion A demurrer can be used only to challenge defects that a...

Excerpt: ...tion on July 1, 2016 against Defendants 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 individually and as Trustee (“Sugar”). The impetus of the lawsuit was a water incursion event in July 2014 and October 2015 at Plaintiffs' condominium that caused...

Excerpt: ...o & Company, Inc. dba D'Addario Musical Instrument Company, Rico Corporation dba D'Addario Woodwinds, Rico Holdings, LLC, Evans Manufacturing, LLC, G4 2010, LLC dba Pro-Mark Percussion, LLC and G4 Music Ltd (collectively, “Defendants”). The Complaint alleges violations of the Labor Code, including failure to provide meal periods, failure to provide rest periods, failure to pay minimum wage and overtime, failure to make payment within the requ...

Excerpt: ...eeds Intervivos Trust Dated 11/30/90 and Dina Hirsch-Leeds, Trustee of the Dina Hirsch-Leeds Trust (jointly, “Defendants”). On May 11, 2018, Vaswani filed a First Amended Complaint (“FAC”) alleging one cause of action for breach of contract. The contract allegedly breached by Defendant is a commercial lease agreement entered into in 1999 (the “Lease Agreement”). Although the FAC indicates that a copy of the Lease Agreement is attached...

Excerpt: ... 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 September 2, 2015, the Court issued an order striking t...

Excerpt: ...filing a complaint against various defendants, asserting causes of action for medical negligence, elder abuse, negligent infliction of emotional distress, and products liability. The operative Second Amended Complaint was filed on March 12, 2019. Trial in this action is scheduled for July 31, 2019. The gravamen of the claims concerns personal injuries sustained by Stone as a result of the use of a medical electrical stimulation device, the Hako M...

Excerpt: ... August 17, 2017 against, inter alia, defendant Ukjae Jung DDS, Inc. (“Jung DDS”). A first amended complaint was filed on November 22, 2017 (the “FAC”). The FAC asserts a number of causes of action relating to wage and hour violations and violations of the FEHA. Plaintiffs and Jung DDS have agreed to a mutual release of all claims in exchange for a waiver of costs and attorney's fees. (McNamara Decl., ¶ 2.) The settlement also provides t...

Excerpt: ... this action on May 13, 2016. The operative 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 March 21, 2017, Defendant L&T Construction, Inc. (“L&T”) filed a Cross-Complaint as to several cross-defendants, including Defendant Polytek Group DBL Construction, Inc. (“Polytek”) and Long Ha (“Ha”), for...

Excerpt: .... 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. On March 6, 2019, Eli Sasson, along with 8300 South Vermont, LP and 620 Arkell Drive House, LLC (jointly, “Sasson”), filed a Cross-Complaint (“XC”) against Blum Collins, Steven A. Blum (“Blum”), Chia Heng Ho aka Gary Ho (“Ho”), and Jacqueline A...

Excerpt: ...diator Specialty Company (“Radiator”) and United States Steel Corporation (“USSC”), 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 <0048000300570052000300 00440051004700030045[enzene-containing substances during the course and scope of h...

Excerpt: ...rporation (“PCS”). The Complaint asserts causes of action for breach of employment agreement and fraud. Randazzo alleges that he was hired as PCS's Chief Performance Officer in September 2008. (Compl., ¶ 6.) As an incentive to continue to work for the company, in April 2012, PCS (through managing agent, Daniel Hirt) offered Randazzo an equity stake in PCS. (Compl., ¶¶ 8 & 10.) Randazzo accepted the offer and relied on the offer as a materi...

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: ... 2019 to October 31, 2019. Plaintiff Cruz Perez (“Perez”) opposes. This action was filed on February 22, 2018. The original trial date of April 10, 2019 was continued by the parties' stipulation to June 19, 2019, and then continued again on the Court's own motion to July 17, 2019. (Osias Decl., ¶ 5.) Defendants' counsel filed a substitution of attorney on June 4, 2019. Defendants' previous counsel withdrew from this case on February 13, 2019...

Excerpt: ...pencer”), BHK Investments, LLC (“BHK”), Salus Capital Partners, LLC (“Salus”), and HGI Asset Management Holdings, LLC (“HGI”) (collectively, “Lender Defendants”) move for summary judgment, or in the alternative, summary adjudication of the operative Third Amended Complaint (“TAC”) of Plaintiffs Fraser Ross (“Ross”), A-List, Inc. (“A-List”), and H-List, Inc. (“H-List”) (collectively, “Plaintiffs”). The TAC was...

Excerpt: ...ses of action for disability discrimination, retaliation, failure to accommodate, failure to engage in the good faith interactive process, harassment, failure to prevent discrimination and harassment, wrongful termination, intentional infliction of emotional distress, and failure to produce personnel file. RLCS now moves to compel arbitration of all of Flores's claims and to stay this action pending completion of arbitration, pursuant to a bindin...

Excerpt: ...��Terner's”) and Fred Lalezari (“Lalezari”) (jointly, “Respondents”) to arbitrate a contractual dispute. Respondents oppose. Evidentiary Objections The Court notes that Respondents filed evidentiary objections to the purported declaration of Michael Zargar. However, no declaration was attached to the amended petition to compel arbitration. Legal Standard In a motion to compel arbitration, the moving party must prove by a preponderance o...

Excerpt: ...), 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 Second Amended C...