Excerpt: ...RTY: Plaintiff Paris Providence The Court has considered the moving, opposition, and reply papers. BACKGROUND This action arises from alleged wrongful actions against Plaintiff during her employment with Defendant. Plaintiff filed a complaint against Defendant alleging causes of action for: (1) negligent hiring; (2) sexual harassment; (3) failure to take steps necessary to prevent harassment; (4) retaliation for opposing sexual harassment; (5) di...

Excerpt: ... alleged purchase of a defective 2013 Chevrolet Cruze. On October 22, 2018, Plaintiff filed the operative Second Amended Complaint (“SAC”) alleging causes of action for (1)-(5) violations of the Song-Beverly Consumer Warranty Act §§ 1793.2(d), 1793.2(b), 1793.2(a)(3), 1791.2(a) and 1794, 1791.1 and 1794, and (6) violation of the Magnuson-Moss Act. Motion to Compel Plaintiff brings a Motion to Compel Further Responses as to his requests for ...

Excerpt: ...sing from an alleged breach of a contract for the sale of stock. On April 27, 2018, Plaintiff filed the operative Second Amended Complaint alleging causes of action for (1) rescission of contract (fraud), (2) rescission of contract (failure of consideration), (3) rescission of contract (mistake), (4) fraud in the inducement, (5) breach of contract, (6) quantum meruit, (7) conversion, and (8) unfair business practices in violation of Bus. & Prof. ...

Excerpt: ...TION 8:30 a.m. August 7, 2018 Dept. 56 This is an action arising from the alleged unlawful operation of a marijuana dispensary. On April 10, 2018, Plaintiff filed the operative Complaint alleging causes of action for (1) violation of County Code §§ 22.66.010, 22.66.030, and 22.66.020, (2) violation of County Code §§ 22.66.010, 22.66.030, and 22.66.020, and (3) violations of Bus. & Prof. Code § 17200, et seq. Upon investigation by the Los Ang...

Excerpt: ... to Compel Further Responses and Production as to witnesses Daniel Jaramillo, Greg Stearns, Cliff Shepard, and Kirk Albanese. These four witnesses were served with notices of deposition; however, their depositions have been held in abeyance because they asserted objections as to the Plaintiff's accompanying requests for production and did not produce the requested documents. Plaintiff seeks documents relating to (1) Los Angeles Police Department ...

Excerpt: ... of myelodysplastic syndrome (“MDS”) as an alleged result of exposure to the benzene-containing products manufactured by Defendants. On February 21, 2018, Plaintiffs filed the operative Complaint alleging causes of action for (1) negligence, (2) strict liability, (3) intentional/fraudulent concealment, and (4) loss of consortium. Specially-appearing Defendant Univar USA Inc. (“Univar”) brings a Motion to Quash Service of Summons for lack ...

Excerpt: ... This is an action arising from Plaintiff's arrest by the Los Angeles Police. On May 8, 2017, Plaintiff filed the operative Complaint alleging causes of action for (1) Bane Act violations, (2) False Arrest and Imprisonment, (3) malicious prosecution, and (4) intentional infliction of emotional distress (“IIED”). On May 23, 2018, the Court granted a motion for summary adjudication as to the third cause of action for malicious prosecution. Defe...

Excerpt: ...st 1, 2018 Dept. 56 On May 2, 2018, an arbitration award was issued in favor of Plaintiff in the amount of <0056004800560011000300 00490049000300510052[w seeks to confirm the award. Defendants Payment World, LLC and Roman Blanko seek to vacate or, alternatively, correct the May 2, 2018, arbitration award on the grounds that the arbitrator exceeded his authority and/or the award was obtained by corruption, fraud, or unfair means. Defendants conten...

Excerpt: ...en, loaned $1,000,000 to United Faith Enterprises, Inc. (“UFE”). UFE placed such funds in a certificate of deposit account (“CD”) at Defendant Royal Business Bank. UFE then, contrary to its agreement with Peng Chen, pledged the $1,000,000 as a security interest for a credit line. Plaintiff became aware of this and visited Defendant to explain that the sums could not be used as collateral. Because the CD could not simply be closed, Defenda...

Excerpt: ...IKE 8:30 a.m. July 31, 2018 Dept. 56 This is an action arising from Defendants' alleged failure to remodel Plaintiffs' property pursuant to contract. On May 14, 2018, Plaintiffs filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) breach of implied-in-fact contract, (2) beach of implied warranty, (3) breach of implied covenant of good faith and fair dealing, (4) unlicensed contracting, (5) fraud and deceit, (6...

Excerpt: ...g from a construction project (“Project”) on property owned by Defendant S&W Blue Jay Way, LLC (“SW”). Esorder, Inc. (“Esorder”) was the general contractor for the Project and is alleged to have failed to pay the invoices of Plaintiff—a subcontractor for the Project. On May 4, 2018, Plaintiff filed the operative Complaint alleging causes of action for (1) breach of contract, (2) foreclosure on mechanic's lien, (3) recovery on mechan...

Excerpt: ...intiff filed a wage and hour class action against Defendant CalAmp Corp. styled Espeseth v. CalAmp Corp., BC683207 ("Class Action'). Defendant CalAmp Corp. originally moved to stay the instant action until resolution of its motion to compel arbitration in the Class Action_[l Defendant Real Time Staffing Services, LLC—CalAmp Corp. 's employment staffer—sought to stay the action pending resolution of the Class Action altogether Pursuant to the ...

Excerpt: ...chel's development of myelodysplastic syndrome (“MDS”) as a result of the benzene containing products manufactured by Defendants. On February 21, 2018, Plaintiffs filed the operative Complaint alleging causes of action for (1) negligence, (2) strict liability, (3) intentional/fraudulent concealment, and (4) loss of consortium. Defendant Radiator Specialty Company moves to strike all references in the Complaint pertaining to (1) “other benze...

Excerpt: ...ted pressure ulcer which allegedly led to Plaintiff's death. On April 20, 2018, Plaintiff filed the operative Complaint alleging causes of action for (1) elder abuse, (2) violations of residents' rights, and (3) wrongful death. Demurrer Defendant Beverly West Healthcare, LLC demurs to the first and second causes of action for uncertainty and failure to state sufficient facts. As to the first cause of action for elder abuse, Defendant argues that ...

Excerpt: ...Brett Hudson and IJN Films, Inc. move to quash service of summons on the basis of improper service. Brett Hudson withdraws the Motion on behalf of IJN Films, Inc., acknowledging that he cannot represent IJN Films, Inc. as a non-attorney. Brett Hudson argues that the addresses where he was allegedly served via substitute service are not his residence or place of business. (See Hudson Decl. ¶ 3; Kelly Decl., Exhibit A.) When a defendant challenges...

Excerpt: ...TIVE] ORDER RE: PLAINTIFF'S MOTION FOR CLASS CERTIFICATION 8:30 a.m. July 25, 2018 Dept. 56 This is a wage and hour dispute in which Plaintiff and a putative class of employees allege they were misclassified as exempt from the overtime laws. On May 1, 2018, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) violation of Lab. <0011000300260052004700 0013000f000300480057[ seq. Evidentiary Objections ...

Excerpt: ...ccessfully opposing Defendant's anti-SLAPP motion on March 21, 2018. A plaintiff may obtain his attorneys' fees and costs in opposing an anti-SLAPP motion that was frivolous or solely intended to cause unnecessary delay. (Code Civ. Proc. § 425.16(c)(1).) A determination of frivolousness requires a finding the motion is “totally and completely without merit” (Code Civ. Proc. § 128.5(b)(2)), that is, “any reasonably attorney would agree suc...

Excerpt: ...ON 8:30 a.m. July 24, 2018 Dept. 56 This is an action arising from the alleged unlawful operation of a marijuana dispensary. On April 10, 2018, Plaintiff filed the operative Complaint alleging causes of action for (1) violation of County Code §§ 22.66.010, 22.66.030, and 22.66.020, (2) violation of County Code §§ 22.66.010, 22.66.030, and 22.66.020, and (3) violations of Bus. & Prof. Code § 17200, et seq. Upon investigation by the Los Angele...

Excerpt: ...y 24, 2018 Dept. 56 This is an action arising from Defendants' alleged failure to comply with the mandated reporting requirements for child abuse. On January 18, 2012, Plaintiff filed the operative Complaint alleging causes of action for (1) unlawful sexual acts with a minor, (2) negligent hiring, supervision, and retention, (3) violation of Pen. Code § 11166, (4) violation of Civ. Code § 51.9, (5) violation of Civ. Code § 1708.5, (6) intentio...

Excerpt: ...0 a.m. July 23, 2018 Dept. 56 This is an action arising from a settlement agreement in a prior insurance coverage dispute styled Azinkhan v. Farmers Insurance Group of Companies, et al., BC514298 (“Underlying Action”). Defendants allegedly included additional terms in a final, long-form settlement agreement which were not agreed to by Plaintiff in a prior stipulation to settle. Specifically, Defendants included a term that certain mortgagees,...

Excerpt: ...6 transmission of a 2013 Ford Focus purchased by Plaintiff on July 18, 2013. Plaintiff filed the operative First Amended Complaint on September 15, 2016, alleging causes of action for (1) breach of express warranty— violation of Song-Beverly Act, (2) Breach of Implied Warranty—Violation of Song-Beverly Act, (3), fraudulent inducement—concealment, (4) fraudulent inducement—intentional misrepresentation, and (5) fraudulent inducement—negl...

Excerpt: ...e default judgments entered against them on October 18, 2017. Defendants argue that there was not proper substitute service of the summons and First Amended Complaint such that they never had notice of this action. Code Civ. Proc. § 473.5 provides: (a) When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she m...

Excerpt: ...m Plaintiff's employment as a driver and gardener for Defendants. On April 10, 2018, Plaintiff filed the operative Complaint alleging causes of action for (1) FEHA discrimination, (2) FEHA retaliation, (3) FEHA failure to prevent discrimination, harassment, and retaliation, (4) FEHA failure to provide reasonable accommodations, (5) FEHA failure to engage in a good faith interactive process, (6) declaratory judgment, (7) wrongful termination, (8) ...

Excerpt: ... award in which its motion for good faith settlement was granted and Cross-Defendants Blue Vista Partners, LLC, Ibrahim Mekhail, Rasha Mekhail, and Ibrahim Mekhail as Trustee of the Ibrahim Mekhail and Rasha Mekhail Joint Living Trust were dismissed, leaving only Carol International, Inc. and Tiffany Builders in arbitration. Plaintiff seeks to confirm the aforementioned award in order to release escrow funds for the purposes of the parties' good ...

Excerpt: ...ff in a workers' compensation proceeding. On January 22, 2018, Plaintiff filed the operative Complaint alleging causes of action for (1) concealment, (2) violations of the CLRA, and (3) violations of Bus. & Prof. Code §17200, et seq. Defendant demurs to all causes of action on the grounds that (1) the Complaint represents impermissible claim splitting, (2) the action is barred by res judicata, and (3) all claims are time- barred. Defendant first...

Excerpt: ...loyment in Defendant's advertising and marketing department. On June 8, 2018, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) wrongful termination in violation of public policy, (2) retaliation in violation of Lab. Code § 1102.5, (3) retaliation in violation of CFRA and FMLA, (4) violation of the CFRA, (5) violation of Lab. Code § 201, (6) violation of Lab. Code § 510, (7) violation of Lab. C...

Excerpt: ...T 8:30 a.m. July 17, 2018 Dept. 56 This is an action arising from the alleged conversion of funds by Defendants Hany Boushra Mourice Guindy (“Guindy”) and Milestone Consulting, Inc. (“Milestone”) intended for an investment in Bitcoin. Essentially, Plaintiff alleges that he instructed a third-party to wire $275,000 to Milstone's bank account at J.P. Morgan Chase Bank, N.A. Rather than subsequently investing all of the $275,000 in Bitcoin, ...

Excerpt: ...ard issued on May 16, 2018. The arbitrator, the Hon. James A. Albracht, issued an award in favor of Plaintiff and against Defendants in the amount of $725,800. (Petition ¶ 8.) Plaintiff seeks to confirm the aforementioned award. Code Civ. Proc. § 1285.4 provides that a petition for confirmation of award shall: (a) set forth the substance of or have attached a copy of the agreement to arbitrate unless the petitioner denies the existence of such ...

Excerpt: ...greement (“Player Agreement” or “PA”) which Plaintiff alleges restricts her from engaging in her profession, trade, or business in violation of Bus. & Prof. Code § 16600. On April 4, 2018, Plaintiff filed the operative Complaint alleging causes of action for (1) declaratory relief, and (2) violations of Bus. & Prof. Code § 17200, et seq. Motion for Preliminary Injunction[1] Plaintiff seeks a preliminary injunction enjoining the enforcem...

Excerpt: ... arising from Plaintiff's respiratory therapy services for Defendant United Care Facilities, LLC. On January 8, 2018, Plaintiff filed the operative Complaint alleging causes of action for (1) racial discrimination, (2) failure to prevent discrimination, (3) retaliation, (4) wrongful termination in violation of public policy, (5) failure to pay all wages, (6) failure to provide meal periods and rest breaks, (7) failure to pay wages due at separati...

Excerpt: ...rising from defects in the Totally-Integrated Power Module (“TIPM”) of a 2014 Jeep Grand Cherokee leased by Plaintiff on October 26, 2013. Plaintiff filed the operative Complaint on April 21, 2016, alleging causes of action for (1) breach of express warranty— violation of Song-Beverly Act, (2) Breach of Implied Warranty—Violation of Song-Beverly Act, (3), fraudulent inducement—concealment, and (4) negligent repair. Defendants FCA US LLC...

Excerpt: ...422.36 in unpaid rent through November 30, 2017—about a week after Defendant vacated the subject premises. Plaintiff also seeks $201,064.10 in unpaid rent from December 1, 2017, through the remainder of the lease term which ends on September 30, 2020. Plaintiff provides that it has been unable to lease the subject premises despite attempting to do so. (Salman Decl. ¶ 9.) Although this evidence sufficiently establishes that Plaintiff attempted ...

Excerpt: ...iolations of the Song-Beverly Act. Plaintiffs purchased a 2012 Chevrolet Equinox with “defects causing excessive oil consumption; oil leaks; defects relating to the Vehicle's engine; defects relating to the Vehicle's camshaft actuators; defects relating to the Vehicle's tensioner system; defects relating to the Vehicle's engine pump; defects related to the engine timing chain; defects causing the activation of the Vehicle's ...

Excerpt: ... suffers from transmission defects in violation of the Song-Beverly Act. Defendants seek to stay the action based on Plaintiff's failure to opt of out of the class action settlement in Vargas v. Ford Motor Company, C.D. Cal. Case No. 2:12-cv-08388-AB-FFM (“Vargas”). On October 18, 2017, the Vargas settlement received final approval. (Request for Judicial Notice (“RJN”), Exhibit E.[1]) On December 13, 2017, the Vargas settlement was amende...

Excerpt: ...Defendants' alleged failure to tender premium payments pursuant to two insurance agreements. On December 29, 2017, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging two causes of action for breach of contract. Defendants demur to both causes of action for uncertainty and failure to state sufficient facts. Specifically, Defendant Precision Aero Crates, Inc. argues it cannot be held liable for breach of contract because it ...

Excerpt: ... allegation that he developed myelodysplastic syndrome as a result of the benzene-containing products manufactured by Defendants. On February 21, 2018, Plaintiffs filed the operative Complaint alleging causes of action for (1) negligence, (2) strict liability, (3) intentional/fraudulent concealment, and (4) loss of consortium. Defendant B'Laster Corporation moves to strike all references pertaining to punitive damages in the Complaint. Defendant ...

Excerpt: ...d on March 7, 2018, which is one of two documents filed under the title of “First Amended Complaint” -- the operative First Amended Complaint being the document with that title which has 31 pages. The Demurrer is sustained because the First Amended Complaint fails to state sufficient facts to constitute a cause of action. The First Amended Complaint merely discusses in an unintelligible fashion alleged acts by numerous government officials an...

Excerpt: ...esponses to his requests for production, sets one and two, and special interrogatories, sets one, two, and three, propounded upon Defendants. Because the Motions are unopposed, there is an inference they have merit. (See Sexton v. Superior Court (1997) 58 Cal.App.4 th1403, 1410.) Accordingly, the Motions are GRANTED. Defendants are to provide further responses within twenty days of this Order. Plaintiff seeks $6,385 in sanctions in connection wit...

Excerpt: ...tion arising from Defendants' alleged failure to tender payment for Plaintiff's consultation and management services pursuant to contract. On February 16, 2017, Plaintiff filed the operative Complaint alleging causes of action for (1) breach of contract, (2) fraud and deceit, and (3) declaratory relief. On July 12, 2017, the Court sustained a demurrer to Plaintiff's claim for declaratory relief; Plaintiff elected not to amend the claim. Evidentia...

Excerpt: ...Dept. 56 This is an action arising from an alleged multi-year conspiracy to defraud the Plaintiffs of their interest in a real estate development project known as the Monterey Park Towne Center. On April 19, 2018, Plaintiffs filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) breach of fiduciary duty, (2) fraud in the inducement, (3) negligence, and (4) unfair competition. Request for Judicial Notice Defendan...

Excerpt: ...eng Chen, loaned $1,000,000 to United Faith Enterprises, Inc. (“UFE”). UFE placed such funds in a certificate of deposit account (“CD”) at Defendant Royal Business Bank. UFE then, contrary to its agreement with Peng Chen, pledged the $1,000,000 as a security interest for a credit line. Plaintiff became aware of this and visited Defendant to explain that the sums could not be used as collateral. Because the CD could not simply be closed, D...

Excerpt: ...upervisor with Defendant. On March 28, 2018, Plaintiff filed the operative Second Amended Complaint (“SAC”) alleging causes of action for (1) Fair Employment and Housing Act (“FEHA”) age discrimination, (2) FEHA race discrimination, (3) FEHA failure to prevent discrimination, and (4) “constructive wrongful termination in violation of FEHA.” Defendant demurs to the fourth cause of action on the ground that the City of Beverly Hills, as...

Excerpt: ...ng from defects in the Totally-Integrated Power Module of a 2014 Jeep Grand Cherokee leased by Plaintiff on October 26, 2013. Plaintiff filed the operative Complaint on April 21, 2016, alleging causes of action for (1) breach of express warranty— violation of Song-Beverly Act, (2) Breach of Implied Warranty—Violation of Song-Beverly Act, (3), fraudulent inducement—concealment, and (4) negligent repair. The parties have settled this matter v...

Excerpt: ...ely, adjudication of all causes of action asserted in the “First Amended Complaint.” On January 26, 2018, the Hon. Michael Johnson approved the parties' stipulation for the filing of a First Amended Complaint and ordered that it be filed within ten days. (See January 26, 2018, Minute Order.) The Court notes, however, that it does not have record of any First Amended Complaint having been filed in this matter. Accordingly, the Court CONTINUES ...

Excerpt: ...ff filed a wage and hour class action against Defendant CalAmp Corp. styled Espeseth v. CalAmp Corp., BC683207 ("Class Action'). Defendant CalAmp Corp. moves to stay the instant action until resolution of its motion to compel arbitration in the Class Action. The allegations of wage and hour violations in the Class Action are very similar to those in the instant action against CalAmp Corp. (Cf. CompL 16-34 with Compl_ (class action) 19-39.) Furthe...

Excerpt: ... 2012 Jeep Grand Cherokee purchased by Plaintiffs in 2012. Plaintiffs filed the operative Complaint on February 29, 2016, alleging causes of action for (1)-(5) violations of the Song-Beverly Consumer Warranty Act §§ 1793.2(d), 1793.2(b), 1793.2(a)(3), 1791.2(a) and 1794, 1791.1 and 1794, and (6) violation of the Magnuson- Moss Act. The parties have settled this matter, agreeing that Plaintiffs are the prevailing parties in this action and that ...

Excerpt: ...sale of nails and bolts containing lead without a proper warning pursuant to Health & Safety Code § 25249.6, et seq. (“Proposition 65”). Plaintiff and Defendant have agreed to entry of a consent judgment as follows: 1. After sixty days, Defendant will provide Proposition 65 compliant warnings for its galvanized nails and bolts which contain lead above 100 parts per million or else sell nails and bolts which have a lead content by weight of n...

Excerpt: ...ne 6, 2018 Dept. 56 This is an action in which Plaintiff alleges he was attacked while using an ATM owned by Defendant Bank of America, N.A. On December 4, 2017, Plaintiff filed the operative Second Amended Complaint (“SAC”) alleging causes of action for (1) general negligence, and (2) premises liability. Defendant Bank of America, N.A. moves to strike all allegations relating to punitive damages in the SAC for failure to plead malicious, opp...

Excerpt: ...BER 1, 2010, STEPHEN F. BIAFORA, BIAFORA PROPERTIES, LLC, CASE NO.: BC683350 [TENTATIVE] ORDER RE: PLAINTIFFS' MOTION TO COMPEL DEPOSITION 8:30 a.m. June 5, 2018 Dept. 56 FRANCIS SPARAGNA JR., SPARAGNA & SPARAGNA, and DOES 1 through 50, inclusive, <0003000300030003000300 00030003000300030003[ <0003000300030003000300 00030003000300030003[ Plaintiffs Linda Spinella and Ruth Ann Biafora seek to compel the deposition of Defendant Diana Biafora and th...

Excerpt: ...S 8:30 a.m. June 4, 2018 Dept. 56 On March 6, 2018, the Court granted Cross-Defendant Jana Townsley's ex parte applications to (1) set aside her default, and (2) proceed in forma pauperis. Cross-Complainants Florin Muntean and AWS Electrical & Solar, Inc. seek to set aside the aforementioned Court orders because (1) Cross-Defendant Townsley misrepresented her assets for the purposes of proceeding in forma pauperis; (2) Cross-Defendant Townsley fa...