Excerpt: ...ant intending to operate at the center. Howdy's contracted with Defendant Restaurant Design Studio Corp. (“RDS”) as a contractor for the project. Plaintiff asserts it is a third-party beneficiary of that contract. Plaintiff alleges there were problems with Defendant's work, including delays, defects, and improper billing practices. The FAC alleges (1) breach of contract, (2) negligence, and (3) negligent misrepresentation. Defendant RDS now m...

Excerpt: ... MBUSA for (1) violation of Song- Beverly Act – breach of express warranty, and (2) violation of Song-Beverly Act – breach of implied warranty. Defendant now moves for an order compelling Plaintiff to arbitrate the dispute pursuant to CCP § 1281 et seq. TENTATIVE RULING: Defendant's Motion to Compel Arbitration is GRANTED. The action is stayed pending the results of the arbitration. A Status Review/OSC re: Dismissal is set for March 9, 2023 ...

Excerpt: ...efendant”); Clear Recon Corp.; and Does 1 through 20 for (1) violations of the Homeowner Bill of Rights; (2) negligence; (3) violation of Business & Professions Code section 17200 et seq.; and (4) intentional infliction of emotional distress. The court sustained a demurrer to the claim for intentional infliction of emotional distress. Plaintiff failed to amend that claim. Defendant now moves for summary judgment as to the first, second, and thi...

Excerpt: ...ng Breza, Plaintiff Gold alleges he presented Breza with a settlement offer of $100,000. Breza rejected the offer. In October of 2018, Defendant Breza discharged Plaintiff and then hired Defendants Law Office of Sullivan and Sullivan (“S&S”) and Defendant Jerold Sullivan (“Sullivan”) as his new counsel. A year later, Breza and S&S settled the case for $100,000. Plaintiff now brings claims for (1) Declaratory Relief, (2) Breach of Contract...

Excerpt: ... Martinez (“Martinez”), who was senior manager of the Parker Room—a business owned by Defendant San Carlos Enterprises, Inc. (“SCE”). It is further alleged that Martinez forced himself onto Plaintiff and forcibly performed oral copulation upon her. Plaintiff resisted and subsequently left the Parker Room to Uber home. Martinez allegedly approached her while she waited and again forced himself onto her. Martinez then followed Plaintiff i...

Excerpt: ...moves to stay the instant action pending a decision from the United States Supreme Court in the case of Viking River Cruises v. Moriana. Plaintiff opposes the motion. TENTATIVE RULING: Defendant's Motion for Stay is GRANTED, unless as expressly stated otherwise infra. The Post-Mediation Status Conference (4/1/22) is hereby advanced and vacated. In lieu thereof there shall be a Status Conference re: Lifting of Stay or Setting of Motion to Compel A...

Excerpt: ...evens owned real property in Pomona, CA, that she placed into a Revocable Living Trust in 1999. Stevens named herself as initial trustee, her brother Bob Endicott as first successor Trustee, and Linda Kay Endicott Wilson as second successor Trustee. At some point, Stevens allowed Anthonia Ugezene and Peter Tangwa to move into the home with her. Stevens died on September 5, 2015. Subsequently, both Ugezene and Tangwa filed separate claims with the...

Excerpt: ... and Richard Wingfield. On April 24, 2019, the Court found that cases 19STCV02988 and 19STCV03722 are related and designated 19STCV02988 as the lead case. On December 4, 2019, this case was transferred from Department 5 of the Personal Injury Court to the Independent Calendar Court. During trial, Defendant Metrolink was dismissed by Plaintiffs with prejudice, entered on October 5, 2022. A jury verdict was returned October 14, 2021, in favor of th...

Excerpt: ...arnes Grodsky (“Ms. Grodsky”) as successor-in-interest to the deceased Plaintiff Lee Grodsky (“Mr. Grodsky”). The Motion is opposed. TENTATIVE RULING: Plaintiff's Motion is DENIED. Moving party to give notice, unless waived. DISCUSSION: Motion to Substitute Party Legal Standard Code of Civil Procedure § 377.31 provides that “after the death of a person who commenced an action or proceeding, the court shall allow a pending action or pro...

Excerpt: ...ll as Rosario's law firm, Rosario Perry APLC (“Perry's Firm”), for claims of legal malpractice. Plaintiff, the landlord of an apartment building in Studio City, alleges it retained Defendant Perry and his firm to represent it in two unlawful detainer actions. It is alleged that Defendant Perry then brought in Defendant Howard to assist in the matter. It is disputed whether Defendant Howard is a member of Rosario's firm. Plaintiff brings claim...

Excerpt: ...ntiff alleges that despite his repeated complaints, Defendants failed to properly maintain plumbing at the premises. As a result, a waste pipe at the apartment malfunctioned and flooded the apartment with waste-water. Plaintiff now brings claims for (1) negligence, (2) negligence per se, (3) breach of contract, (4) nuisance, (5) violation of City of West Hollywood's Rent Stabilization Ordinance, (6) violation of implied warranty of habitability, ...

Excerpt: ...candin Medical Management Inc. (“Scandin”), which was to be the marketing and management arm of Defendant West Regional Cardio Thoracic and Vascular Surgeons, West Regional Vein Center erroneously sued as West Regional Vascular Surgeons (“Defendant”). Plaintiff gave a loan and investment in exchange for equity interest, but she claims she has been denied her entitlement to either a percentage of the profits of Defendant or at least the re...

Excerpt: ..., Los Angeles, California 90001 (the “Property”) after Plaintiff served a three-day notice to quit. The Property was used as transitional housing for the homeless. On December 13, 2022, Plaintiff filed the complaint against Defendants Antonette Isham and Scott Spicer (collectively “Defendants”) and Does 1 to 10. On January 5, 2022, default was entered against Defendants. On January 11, 2022, default judgment was entered against Defendants...

Excerpt: ...ion to Quash Service of Summons Having considered the moving and opposing papers, the Court rules as follows. BACKGROUND On October 22, 2021, Plaintiff Michael Landver, in his individual capacity and derivatively on behalf of nominal defendant, United Clinical Research, Inc. (collectively “Plaintiffs”) filed a Complaint against Defendants Matrix Clinical Research, Inc., Faramarz Shamam(“Fred”), Peyman Banooni, Stan Gershovich and Does 1-1...

Excerpt: ...aint against defendants Cedars-Sinai Medical Center and Nativia Dhaiti (collectively, the “Defendants”). On January 21, 2020, Defendants filed a Motion to Compel Arbitration. On July 15, 2020, this Court issued its Order compelling arbitration. On July 31, 2020, JAMS opened the parties' arbitration case with JAMS case number 1220065870. (Declaration of Suzanne E. Rand-Lewis ISO Mot. (“Rand-Lewis Decl.”), ¶ 5.) On January 27, 2022, Plaint...

Excerpt: ...d, breach of fiduciary duty, and an accounting. On June 10, 2021, plaintiff Khorgos Haokan Pictures & TV Co., Ltd. (“Plaintiff”) filed the instant action's Complaint against defendants Tianjin Tianyishenghua Culture Communication Co., Ltd. (“TTCC”) and Yuan Hui (“Hui”). The Complaint alleges as follows. In early 2017, Plaintiff and TTCC entered into a contract to co-produce a television series (the “Show”). Both Plaintiff and TTCC...

Excerpt: ...Defendant now moves for an order compelling arbitration between itself and Plaintiff, who opposes, arguing that: (1) the arbitration clause does not apply because Defendant's own warranty materials already provide for a non-binding and optional dispute resolution process that expressly allows Plaintiff to pursue a court action; (2) the arbitration provision is substantively unconscionable; (3) Defendant does not have standing to enforce the arbit...

Excerpt: ... Jonathan Dahan (“Dahan”) whereby Defendants agreed to create a branding and marketing strategy for Plaintiff's Cannabidiol (“CBD”) company. Plaintiff further alleges Defendants have failed to provide services required by this contract. Plaintiff brings causes of action for (1) Breach of Contract, (2) Breach of the Covenant of Good Faith and Fair Dealing, (3) Conversion, (4) Unfair Competition, and (5) Money Had and Received. Defendants n...

Excerpt: ...639 N. Broadway, Los Angeles, CA. On or about November 14, 2014, Defendant Parks BBQ Express, Inc. (Parks BBQ”) agreed to lease a ground floor retail space at Plaintiff's/Cross-Defendant's property. On or about May 31, 2018, Defendant/Cross-Complainant Okiboru LLC (“Okiboru”) assumed the lease from Parks BBQ. After Defendant/Cross-Complainant Okiboru allegedly stopped paying rent, Plaintiff/Cross-Defendant EQR filed the instant action again...

Excerpt: ...emic. He was later terminated. Plaintiff alleges he was fired due to his age––he was 83 at the time of his termination. Plaintiff now brings claims for (1) Age Discrimination and (2) Wrongful Termination. Defendant now moves for an order compelling Plaintiff to arbitrate the dispute pursuant to CCP § 1281 et seq. TENTATIVE RULING: Defendant's Motion to Compel Arbitration is GRANTED. The action is stayed pending the results of the arbitration...

Excerpt: ...ts Alicia Harooni and her husband, Hooshmand Harooni. Plaintiff alleges Defendants have unlawfully attempted to evict or otherwise require Plaintiff to vacate the premises in violation of her lease agreement. Plaintiff alleges Defendants have harassed her and her family and posted a Three (3) Day Notice to Quit at the unit. Plaintiff now sues for (1) Breach of Contract, (2) Intentional Infliction of Emotional Distress, (3) Constructive Retaliator...

Excerpt: ...3) intentional infliction of emotional distress, (4) negligence, and (5) nuisance against Defendant Ward Economic Development Corporation (“Ward”). Plaintiff alleges he lived at an apartment property owned by Defendant. Plaintiff further alleges his apartment exhibited insect infestations, mold, water leaks, holes in the ceiling, cracks in the walls, defective flooring, and general dilapidation. Defendant failed to remedy the conditions even ...

Excerpt: ...t Hollywood. The two also allegedly entered into an equal partnership to operate a spa business next door. Plaintiff/Cross-Defendant Bell alleges seven employment causes of action against Defendant/Cross-Complainant Babcock related to his firing from the medical practice. Babcock cross-complained. Cross-Complainant Babcock alleges it fired Bell in 2019 after it discovered he performed medical services without the supervision of a physician, was u...

Excerpt: ...ecords dated December 10, 2021, issued by Plaintiff Shahid Khan and directed to Joseph Yafeh CPA Inc. TENTATIVE RULING: Defendant's Motion to Quash is DENIED AND GRANTED IN PART, as indicated below. Joseph Yafeh CPA Inc. is ordered to comply with the Subpoena, as follows: Categories No. 1, 4, and 5 are too broad and the motion to quash is GRANTED. As to Category No. 2, the motion to quash is DENIED in that those documents (“time logs, time reco...

Excerpt: ...esign Agreement (“Written Agreement”) between Plaintiff American Transportation Systems, Inc. (“American”) and Defendants The Blue Sand Group (“BSG”), Brian Smith (“Smith”), Trifect Agency LLC (“Trifect”), and Sean Higby (“Higby”). Plaintiff alleges that under the terms of the Written Agreement, Defendants agreed to develop a transportation and logistics software application (the “Software”) for use by Plaintiff in the...

Excerpt: ..., Eli Chitrik (DOE 4), Berel Wilhelm (DOE 5), David Kagan (DOE 7) and Glatt Western Kosher, Inc. (DOE 8) filed their motion to strike the doe amendments from the Complaint in the instant action. The Court entered judgment and dismissed the Doe Defendants on November 24, 2021. Plaintiffs filed a notice appeal on January 4, 2022. Defendants filed a Memorandum of Costs related to the motion to strike the Doe Defendants on November 18, 2021. Plaintif...

Excerpt: ...niversal Protection Service, LP. Defendant moves for an Order compelling the parties to binding arbitration. Plaintiff opposes the Motion. TENTATIVE RULING: Defendant's Motion to Compel Arbitration is GRANTED. The case is stayed pending binding arbitration by the parties. A Status Review/OSC re: Dismissal is set for February 2, 2023 at 8:30 a.m. Moving party to give notice, unless waived. DISCUSSION: Motion to Compel Arbitration 1. Legal Standard...

Excerpt: ...t various manufacturers of alleged toxic chemical products. Plaintiff Felipe Mejia worked in mannequin manufacturing where he alleges that he was exposed to the harmful chemical products that caused renal cell carcinoma. Plaintiff passed away from the cancer after filing this suit. Plaintiff Maria G. Mejia, widow of the decedent, was appointed Successor-In-Interest. The complaint asserts causes of action against the chemical manufacturers for (1)...

Excerpt: ...uard. A fire in June 2017 damaged the property. During the adjustment of the insurance claim, it was revealed that the insurance policy on the property did not provide sufficient coverage to repair the structure in full. Accordingly, Defendant AmGuard imposed a co- insurance penalty against Plaintiff's insurance claim and paid $400,000 less. The Complaint brings three causes of action: (1) Negligence against Defendant Inszone, (2) Breach of Contr...

Excerpt: ...chnologies, LLC (“CNC”) filed the instant action against Defendants Amrezi, LLC (“Amrezi”) and Clayton Thom (“Thom”), alleging (1) breach of fiduciary duty, (2) conversion, (3) fraud–concealment, (4) breach of contract, and (5) breach of implied covenant of good faith and fair dealing. Plaintiff/Cross-Defendant alleges Defendant/Cross-Complainant Amrezi and third parties entered into an LLC operating agreement to form CNC. Under the...

Excerpt: ...bited serious defects and nonconformities to warranty, including engine and electrical defects. Plaintiffs bring this action for (1) Violation of Song-Beverly Act – Breach of Express Warranty, (2) Violation of Song-Beverly Act – Breach of Implied Warranty, (3) Violation of Song- Beverly Act, § 1793.2, (4) Violation of Business & Professions Code, § 17200, and (5) Violation of Consumer Legal Remedies Act, §1750, et seq. The court previously...

Excerpt: ...dant California Harley-Davidson and its employees Ronald Senters, Drew Bruns, and Mark Ruffalo, including claims for sexual harassment. Defendants move for an Order compelling the parties to binding arbitration. Plaintiff opposes the Motion. TENTATIVE RULING: Defendants' Motion to Compel Arbitration is GRANTED. The case is stayed pending binding arbitration by the parties. A Status Review/OSC re: Dismissal is set for January 27, 2023 at 8:30 a.m....

Excerpt: ...ecords dated December 10, 2021, issued by Plaintiff Shahid Khan and directed to Commonwealth Business Bank. TENTATIVE RULING: Defendant's Motion to Quash is DENIED AND GRANTED IN PART, as indicated below. Commonwealth Business Bank is ordered to comply with the Subpoena, as follows: Category No. 1 is too broad and the motion to quash is granted. As to Category No. 2, the motion to quash is denied in that those documents (“ employee time logs, t...

Excerpt: ...September 2019, Plaintiff alleges it contracted with Defendants to provide the canopy panels for the Embassy, to be shipped within 45 days. (Id. ¶ 18.) Plaintiff further alleges Defendants have failed to ship or provide the goods as agreed and have not issued a refund. (Id. ¶ 29.) Plaintiff brings eight causes of action against Defendants for: (1) Breach of Contract, (2) Promissory Estoppel, (3) Conversion, (4) Negligent Misrepresentation, (5) ...

Excerpt: ...ituated on an ancient landslide area, and on a more recent landslide that took place in 1978. Plaintiff further alleges that in 2005, a large volume of water was discharged from the City's storm drain system, destabilizing and saturating the site. As a result, in 2010, Defendant Ahl applied for a grading and building permit to place seven soldier piles with a retaining wall on his property. Defendant City of Los Angeles approved the permit. Plain...

Excerpt: ...(“Manzano”) and American Equity Investment Life Insurance Company (“American Equity”). Plaintiffs allege Defendant Manzano, as an agent of Defendant American Equity, contacted Plaintiff Joan Dundas unsolicited in August of 2017, to sell her a 40-year annuity. (Compl. ¶¶ 17, 29-32.) Plaintiff was 73 years old when she purchased the annuity from Manzano that ate up most of her savings, and the annuity would not mature for 10 more years. (...

Excerpt: ...gs claims against Defendant Local Initiative Health Care Authority of Los Angeles County, dba LA Care Health Plan (“LA Care”) for (1) Breach of Implied-In-Law Contract – Emergency Services, (2) Breach of Implied-In-Law Contract – Post-Stabilization Services, (3) Breach of Implied-In-Fact Contract – Post-Stabilization Services, (4) Services Rendered, (5) and Declaratory Relief. LA Care is a healthcare services plan that provides or arran...

Excerpt: ...ant Kevin Dunbar, until his termination on or around December 8, 2020. Plaintiff alleges Defendant Dunbar terminated him after Plaintiff complained to Dunbar regarding the firm's alleged unlawful billing practices. Plaintiff now brings claims for (1) Retaliation in Violation of Labor Code § 1102.5, (2) Wrongful termination in Violation of Public Policy, (3) Violation of Business & Professions Code § 17200, and (4) Violation of Labor Code § 226...

Excerpt: ...). Plaintiff filed the instant action against Defendant seeking declaratory and injunctive relief prohibiting Rob Kovacs (“Kovacs”) from sitting on Defendant's Board of Directors (“the Board”). The Board's Bylaws provide that “[o]nce a director has served three (3) consecutive full terms he or she must be off the Board for one full term before he or she may serve again.” (Exh. 1, Bylaws § 5.4.) Defendant maintains that Civil Code 510...

Excerpt: ...ecent landslide that took place in 1978. In 2010, Defendant Ahl applied for a grading and building permit to place seven soldier piles with a retaining wall on his property. Defendant City of Los Angeles approved the permit. Plaintiffs allege the area has been significantly destabilized. Plaintiffs sued defendant City of Los Angeles for negligence stemming from the City's approval of Defendant Ahl's permit. Plaintiffs claim the City breached its ...

Excerpt: ...to agreements with Defendants whereby it would connect Defendants with customers and facilitate purchase and sale transactions. (Compl. ¶¶ 9, 19.) In consideration for making the connections, Plaintiff would receive a commission on the resulting sales. (Id. at ¶¶ 10, 20.) Plaintiff further alleges Defendants circumvented these agreements and refused to pay commissions to Plaintiff as agreed. (Id. at ¶¶ 12-13, 21.) Plaintiff also alleges tha...

Excerpt: ... or not against the answering defendants, and if so, as to the wording of such an injunction. There will be final status conference on 2/28/22 at 8: 30 a.m. to discuss the appropriate protocols for the trial, e.g., whether COVID protocols will be utilized, and if so, to what degree. The parties are to comply with the Trial Preparation Order which can be found online in this departments' “Courtroom Information.” Given this trial date, the stay...

Excerpt: ...rp.; and Does 1 through 20 for (1) violations of the Homeowner Bill of Rights; (2) negligence; (3) violation of Business & Professions Code section 17200 et seq.; and (4) intentional infliction of emotional distress. The court sustained a demurrer to the claim for intentional infliction of emotional distress. Plaintiff failed to amend that claim. Defendant now moves for summary judgment as to the first, second, and third causes of action. Defenda...

Excerpt: ...ed at EM Poultry, his supervisors Defendants Liang, N. Sanchez, and Andrade harassed and discriminated against him for being openly gay. (Compl. ¶¶ 11-13.) On or around August 5, 2019, Plaintiff filed a complaint with the Department of Fair Employment and Housing (“DFEH”) detailing the harassment and discrimination. (Id. at ¶ 20). On or around September 19, 2019, EM Poultry terminated Plaintiff because he could not show legal documentation...

Excerpt: ...ade any payments towards the loan. An arbitration hearing was conducted on July 16, 2020 by arbitrator Jim Bakalayan in Los Angeles, CA. Petitioner was awarded $200,000.00. Respondent did not participate in the arbitration. Jay Tee Investments, Inc. now petitions the court to confirm the arbitration award. Respondent has not opposed the petition, and attempts to serve him have been unsuccessful. TENTATIVE RULING: Jay Tee Investment, Inc.'s Petiti...

Excerpt: ...) breach of fiduciary duty, (4) resulting trust, (5) declaratory relief, and (6) partition. The Plaintiffs are husband and wife, and Defendant is their daughter-in-law, formerly married to Plaintiffs' deceased child, Francisco C. Lopez (“Decedent”). (Compl. ¶ 7.) The subject property is comprised of three units at 3433, 3433 ½, and 3435 East 2 nd Street, Los Angeles, CA 90063 (“the property”). (Compl. ¶ 8.) Plaintiffs allege that they ...

Excerpt: ...ood faith and fair dealing; (3) misappropriation of trade secrets; (4) interference with contracts; (5) unjust enrichment; and (6) unfair business practices. The Court dismissed the fourth, fifth, and sixth causes of action at the demurrer stage, leaving just the breach of contract, implied covenant, and trade secret claims. On February 22, 2019, Plaintiff ReactX served its First Demand to Produce Documents (“First Demand”) on Defendant, seek...

Excerpt: ...1] and financial elder abuse by defendant Aleksander Tofilovic ("Defendant"). On or about February 9, 2021, plaintiff Bianca Petrinec, as Executor of the Estate Of Ljubica Petrinec ("Plaintiff”), filed this action's complaint (“Complaint”) against Defendant, alleging : (1) Breach of Contract; (2) Fraud/Deceit /Intentional Misrepresentations of Fact; (3) Elder Abuse-Financial Abuse-Violation of Welfare & Institutions Code § 15610 et seq; an...

Excerpt: ...l and that defendants performed wrongful acts at Plaintiff's expense. Plaintiff seeks to amend the First Amended Complaint for several reasons. First, Plaintiff seeks to dismiss the first (breach of fiduciary duty), second (conversion), third (breach of fiduciary duty), fourth (conversion), sixth (violation of Corp. Code § 1601), seventh (violation of Corp. Code § 1602), and eighth (accounting) causes of action, which includes all derivative cl...

Excerpt: ...: Plaintiff Stacy Engman STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Defendant BNY Mellon, N.A. (“BNY”), as Administrator CTA (“Administrator”) for the Estate of Matthew T. Mellon, II (the “Estate”), and in its separate corporate capacity (“Corporate”) (collectively, the “Defendants”), demur to Plaintiff Stacy Engman's (“Plaintiff's”) Third Amended Complaint. (CCP, § 430.10(e).) On April 16, 2018, Matthew T. Mellon, I...