Excerpt: ...ing of a $500,000 principal plus prejudgment interest. Defendant appealed. Defendant has deposited an appeal bond with the court in the amount of $825,000. Plaintiff contends the $825,000 sum deposited is insufficient to secure the payment of the judgment while the matter is on appeal. Plaintiff moves for an order increasing the amount of the appeal bond under CCP § 996.010. Defendant opposed the motion. TENTATIVE RULING: Plaintiff's Motion for ...

Excerpt: ...plaint and moves strike claims for punitive damages. Plaintiff did not oppose the motion. TENTATIVE RULING: Defendant's Demurrer is SUSTAINED. Defendants' Motion to Strike is MOOT. Generally speaking, leave to amend must be allowed where there is a reasonable possibility of successful amendment. Goodman v. Kennedy (1976) 18 Cal.3d 335, 348. Plaintiff must demonstrate this possibility at the hearing. If he doesn't, no leave to amend will be given....

Excerpt: ...Cross-Defendant Michael O'Malley (“O'Malley”) as its VP of Program Management. O'Malley previously worked for Cross-Complainant Edgewell Personal Care Company (“Edgewell.”) O'Malley and DSC filed this suit on October 6, 2017, to challenge Edgewell's non-compete agreement. Edgewell also sued O'Malley in Connecticut state court for breach of confidentiality, breach of the non-compete, and trade secret claims. The parties agreed to consolida...

Excerpt: ... AND/OR PROCEEDINGS: Plaintiff Peter L. Uwanawich alleges he took two 1963 Corvettes to Defendant Johns Fuel Injection Service for restoration. John Marquardt, proprietor of Johns Fuel Injection, passed away before completing the work. Defendants then returned the Corvettes to Plaintiff disassembled, inoperable, and/or without the parts purchased. Plaintiff brings causes of action for (1) conversion, (2) unjust enrichment, (3) breach of contract,...

Excerpt: ...d the six-month claim filing deadline. Counsel filed applications for leave to present her late claims, but the City of Los Angeles, County of Los Angeles, and State of California [1] denied the applications. Petitioner now moves for an order granting her relief for her failure to timely present her claims, contending the failure was due to mistake, inadvertence, surprise, and/or excusable neglect. The City and County both opposed the petition. T...

Excerpt: ...he business losses they incurred due to the COVID- 19 pandemic fell within the scope of their insurance policies, and that the Defendant insurers wrongly denied their policy claims. Plaintiffs bring causes of action for (1) breach of contract and (2) declaratory relief. Defendants now jointly demur to the Complaint. Plaintiffs opposed. TENTATIVE RULING: Defendants' Demurrer to the Complaint is SUSTAINED WITHOUT LEAVE TO AMEND. [1] Moving party to...

Excerpt: ...onduct toward her. Defendant also allegedly used his influence and power over Plaintiff to intimidate and retaliate against her. Plaintiff brings causes of action against Marquez, the County of Los Angeles, and the City of Inglewood for (1) FEHA discrimination, (2) FEHA harassment, (3) FEHA retaliation, (4) Bane Act (Civ. Code § 52.1), (5) battery, (6) negligence, and (7) negligent hiring, supervision, or retention. Plaintiff brings a Pitchess m...

Excerpt: ...dgment entered in a prior action, Park et al. v. Nazari et al., Los Angeles Superior Court Case No. BC422025 (the “prior action.”) Defendant Siegrist was counsel for the Nazaris in the prior action, as a partner of defendant law firm Carpenter, Rothans & Dumont. Plaintiffs allege that Defendants fraudulently transferred secured interests in real property as a way for the Nazaris to regain title to the properties. On November 26, 2019, the cou...

Excerpt: .... Defendants Carolina Perez and Ricky Perez allegedly owned the apartment building from 2002 through late 2017. Defendant Red Hook Properties, LLC is the current owner. Plaintiffs allege the apartments contain(ed) numerous deficiencies and conditions that render them uninhabitable. Plaintiffs bring causes of action for (1) breach of warranty of habitability, (2) breach of statutory warranty of habitability, (3) breach of covenant of quiet enjoyme...

Excerpt: ... leased premises located at 9381 W. Olympic Blvd., Unit F, Beverly Hills, CA 90212. Specifically, Plaintiff alleges Defendants have failed to remedy the toxic mold, as well as other issues, in the subject premises despite repeated notice from Plaintiff. The operative First Amended Complaint alleges causes of action for (1) breach of warranty of habitability (violation of Civil Code section 1941.1), (2) breach of warranty of habitability (Health &...

Excerpt: ...e”) owned a parking garage (“the property”) in downtown Los Angeles under a ground lease between Maguire, as ground lessee, and the Los Angeles Unified School District (“LAUSD”), as ground lessor. Plaintiff explored a joint venture with Defendants [1] with respect to the property. In connection with the negotiations, Plaintiff required that Defendants execute confidentiality agreements in 2017 and 2018. The confidentiality agreements li...

Excerpt: ...l Code section 1793.2, (2) violation of subdivision (b) of Civil Code section 1793.2, (3) violation of subdivision (a)(3) of Civil Code section 1793.2, and (4) breach of express written warranty. Plaintiff moves for an order awarding attorney fees and costs. Defendant opposed the motion. TENTATIVE RULING: Plaintiff's motion for attorney's fees and costs is GRANTED in the amount of $60,482.79, reflecting $48,875.00 in total attorney's fees plus $1...

Excerpt: ...ch of contract (Mircoseries and ABC), (3) breach of covenant of good faith and fair dealing (Milk Barn and ABC), (4) breach of covenant of good faith and fair dealing (Microseries and ABC), (5) intentional interference with contractual relationship (Milk Barn and ABC), (6) intentional interference with contractual relationship (Microseries and ABC), (7) breach of oral contract, and (8) breach of implied-in-fact contract. Plaintiffs allege the fol...

Excerpt: ...iolation of Song-Beverly Act – breach of express warranty, (2) violation of Song- Beverly Act – breach of implied warranty, and (3) violation of Song-Beverly Act section 1793.2(b). Plaintiff alleges the vehicle he leased was delivered with serious defects and nonconformities to warranty. The court granted Defendant MBUSA's motion to compel arbitration on December 8, 2021. Plaintiff now moves for reconsideration of the court's order compelling...

Excerpt: ... alleges fourteen causes of action against Stericycle and manager Ruben Ruiz (“Ruiz”). Defendant demurs to all causes of action. Plaintiff opposed the demurrer. Defendant also moves to strike claims for punitive damages and injunctive relief. TENTATIVE RULING: Defendant's Demurrer as to the First, Second, Third, Fourth, and Seventh causes of action is SUSTAINED, with 30 days leave to amend. Defendant's Demurrer as to the Fifth, Sixth, and Eig...

Excerpt: ...“J&J”), through its proprietors Jose and Isabel Maranon, whereby Plaintiff would provide J&J labor and scaffolding materials for J&J's project at a real property in Pacific Palisades, CA. The real property is allegedly owned by Tramonto Land Holding (“Tramonto Land”), and Tramonto Land is allegedly managed by Defendant Tramonto Development Partners, LLC (“Tramonto Development.”) Plaintiff alleges Defendant J&J has failed to pay for th...

Excerpt: ...real property in the amount of $242,091.00 plus interest accrued. (See Judgment 07/22/2019.) Pursuant to CCP § 724.050, Defendant moves the court to order Plaintiff to execute and file an acknowledgment of full satisfaction of judgment. Plaintiff opposed the motion and request monetary sanctions. TENTATIVE RULING: Defendant's Motion for Full Satisfaction of Judgment is DENIED without prejudice. Plaintiff's requests for monetary sanctions are DEN...

Excerpt: ...efendant Roy Pelleg (“Pelleg”) for a 15% stake in the company. It is further alleged Defendant Pelleg induced Plaintiff to enter into another investment offer, whereby Defendant would invest another $150,000 plus help with Plaintiff's debts for another 50% of the business. Plaintiff alleges Defendant failed to pay the investment monies owed and engaged in conduct to effectively force Plaintiff out of his business. Defendant then allegedly con...

Excerpt: ... located at a residence at 534 Old Ranch Road in Bradford, CA. Plaintiff entered into a written agreement for the project's grading with Defendant Mur-Sol Builders, Inc., who entered into subcontract agreements with multiple defendants, including instant moving Defendant George Castillo. Plaintiff also contracted with Defendant Players' Choice Putting Greens, Inc., for the installation of the artificial turf and green. Defendant Player's Choice e...

Excerpt: ...are Vicki Laken (“Laken”) and the Kent Sherwood 2011 Trust (“the Trust”) through its Trustee, Mihana Mitchell (“Mitchell”). Laken and the Trust both claim the right to the remaining insurance proceeds for dwelling repairs to a mobile home located at 30473 Mulholland Highway, No. 104, Agoura, CA 91301, which was destroyed by the Woolsey Fire in November 2018. Respondents have filed cross-complaints against each other. Respondent Laken ...

Excerpt: ...S”) and its owner Daniel Nazarian (“Nazarian”) for the installation of solar energy systems on Plaintiff's properties. Nazarian is related to members of Plaintiff. It is further alleged that Defendants failed to complete the installation of the solar energy systems on each of Plaintiff's properties as required under the parties' agreements. Plaintiff brought causes of action for (1) breach of contract, (2) fraud, (3) intentional misrepresen...

Excerpt: ... settled to pay $184,921.00. Plaintiff further alleges that Defendant has failed to make required payments under the Agreement. Plaintiff brings claims for (1) breach of contract, (2) open book account, (3) account stated, and (4) unjust enrichment. Plaintiff now moves for leave to file a First Amended Complaint. The motion is not opposed. TENTATIVE RULING: Plaintiff's Motion for Leave to File a First Amended Complaint is GRANTED. A standalone Fi...

Excerpt: ... loan and Deed of Trust on the property to Defendant Toorak Capital Partners, LLC. It was further alleged that Defendant wrongfully foreclosed on the property once Plaintiff faced financial difficulties, despite Defendant's representations that it would negotiate a loan modification. Plaintiff brought causes of action for (1) wrongful foreclosure, (2) quiet title, and (3) declaratory relief. The parties subsequent entered settlement and voluntari...

Excerpt: ...r in the Project, which was to be managed by Defendants Jose Tariffa and Bolmex Financial Group, Inc. Plaintiff alleges that due to Defendants' financial mismanagement, misappropriation of loan funds, and other misdeeds, Plaintiff suffered injury. On March 27, 2020, Defendants Jose Tariffa and Bolmex Financial Group, Inc. (hereinafter “Cross- Complainants”) filed a Cross-Complaint against Justin Bodiya, John Barret, Rodrigo Vildosola, and Vil...

Excerpt: ...vd. 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 and the court granted leave to amend to file a First Amended Cross-Complaint. (See 02/04/22 Minute Order.) The First Amended Cross- Complaint contains fourteen (...

Excerpt: ...t Plaintiff gave Defendant collectible coins for grading, but that Defendant had failed to return the coins and in some cases, returned different coins. The Complaint contained causes of action against Higgins and his company Certified Assets Management, Inc. (“CAMI”) for (1) conversion, (2) breach of contract, and (3) financial abuse and elder abuse. On November 23, 2015, the court entered default as to both Defendants. On July 20, 2016, the...

Excerpt: ...riod within which to renew the judgment expired on December 14, 2021. However, apparently due to health struggles, Plaintiff's counsel did not attempt to renew the judgment until February 10, 2022. The court clerk rejected the late filing. Plaintiff now asks the court to deem the renewal of judgment timely filed, based on Emergency Rule 9 and/or CCP § 473(b). TENTATIVE RULING Plaintiff's Motion to Reinstate Judgment is DENIED. ANALYSIS Motion to...

Excerpt: ...Inc. (“Pioneer”), a video game distribution company. Until his passing, Plaintiff Nabati's late husband jointly controlled Pioneer with Defendant Rad. Defendant then took over control of the company. Plaintiffs allege that Defendant has engaged in wrongful acts and without authority from Pioneer's board, to the detriment of the company and Plaintiffs as fifty-percent shareholders. Plaintiffs filed a Complaint against Defendant Rad for (1) bre...

Excerpt: ...� 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 April 7, 2023 at 8:30 a.m. Moving party to give notice, unless...

Excerpt: ...ontained defects and nonconformities. Plaintiffs sued Defendant Toyota 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 Plaintiffs 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 arbitrat...

Excerpt: ...r action. Plaintiff Vi Khuong (“Khuong”) alleges that Defendants misclassified her as an exempt worker when she was in fact an hourly employee. Plaintiff also alleges she endured various forms of harassment and violence from her employer. Defendants cross-claimed against Plaintiff and her business, RDC Nail Salon, based on alleged misrepresentations and misuse of Defendants' property. Plaintiff/Cross-Defendants now move for an order striking ...

Excerpt: ...ion with both loans, Salem executed security agreements granting PCB a security interest in Salem's accounts. Salem has allegedly defaulted on both loans. Plaintiff Enterprise brought this suit asserting causes of action against Salem for (1)&(2) Money Due on each loan and (3) Conversion. Plaintiff also brings causes of action for Money Owing against nine other medical services providers who are said to have accounts owing to Defendant Salem. Pla...

Excerpt: ...gly terminated her employment in December of 2019. Plaintiff now brings eighteen (18) employment related causes of action. Defendants move to compel the dispute to binding arbitration. Plaintiff opposed. TENTATIVE RULING: Defendants' Motion to Compel Arbitration is GRANTED. The action is stayed pending the results of arbitration. A Status Review/OSC re: Dismissal is set for March 30, 2023 at 8:30 a.m. Moving party to give notice, unless waived. D...

Excerpt: ...y 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 Retaliatory Eviction, and injunctive relief from eviction. Defendants maintain that Plaintiff received the ...

Excerpt: ...“advocate[s] against the commercial and retail sale of animals from puppy and kitten mills and rabbit farms in favor of rescue and adoption. CAPS also works to ensure enforcement of federal, state and local regulatory laws, rules and regulations designed to protect companion animals and regulate their conditions and commercial and retail sale.” (Compl. ¶ 16). Defendant Puppy Heaven, Inc. (“PHI”) is a Nevada corporation in the business of...

Excerpt: ...aranty, (3) accounting, (4) unfair business practices Under Cal. Bus. & Prof. Code § 17200, et seq. Plaintiff alleges that LACAUSA and XCVI entered into an asset purchase agreement (“APA”) on August 8, 2019. In connection with the APA, Defendant Lorber and XCVI entered into a guaranty (“Guaranty”) whereby Lorber guaranteed LACAUSA's obligations under the APA, on August 8, 2019. Pursuant to the APA, LACAUSA was to pay XCVI a total of $727...

Excerpt: ...ippinger”) approached Plaintiffs for the purpose of obtaining their investment in the purchase and subsequent development of the real property located at 4730 El Camino Avenue, Carmichael, California, 95608 (the “Property”). The Property consists of a ninety-five (95) unit multi-family community. In the course of the negotiations with Clippinger, Plaintiffs were represented by FundOpp Capital, Inc. d/b/a “Alpha Investing” (“Alpha”) ...

Excerpt: ...laintiff”) brought the instant action against Defendants Lloyd Sugarman (“Sugarman”) and Robert Azinian's (“Azinian”). Plaintiff alleges Defendants have failed to pay rent, costs, and expenses they personally guaranteed to be paid to Plaintiff for the lease of Ike's Sandwich Place of Westwood, Inc. Subsequently, Defendant Sugarman filed a Cross-Complaint against Defendant Azinian. There are four motions before the court. First, Plaintif...

Excerpt: ...er of Freshtech, alleges that he was sidelined and forced out by Nazir Mir and Scott Keller, Freshtech's other officers and directors, because they were engaging in improper conduct. Mir and Keller allege in their cross-claims that Ross was engaging in improper conduct himself by competing with Freshtech through rPlanet Earth (“RPE”), a separate company he was involved with. Defendants demur to the Eleventh and Twelfth causes of action where ...

Excerpt: ...operty Management and Brokerage Corp. (“LAPM”) manages the property. Plaintiffs allege the premises has cockroach infestations, faulty plumbing and electric, and inadequate security, among other problems. Plaintiffs bring claims for (1) violation of Civil Code § 1942.4, (2) tortious breach of the warranty of habitability, (3) private nuisance, (4) violation of Business and Professions Code § 17200 et seq., and (5) negligence. Defendants now...

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: ..., 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: ...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: ...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: ...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: ...). 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: ...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: ...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: ...aintiff alleges that she endured various forms of harassment and violence from her employer. Defendants Emil Kohan, M.D. Inc., Emil J. Kohan, Rodeo Surgical Institute, Inc., and Longevity Hyperbarics LLC (collectively, “Defendants”) demur to the first, third, sixth, seventh, eighth, ninth, eleventh, twelfth, thirteenth, fourteenth and seventieth causes of action raised in the complaint on the grounds that they fail to allege sufficient facts ...

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...

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: ...st individuals operating immigration consulting businesses in violation of the Immigration Consultants Act. Brandi Linton is the owner and operator of Linton Immigration Services. Plaintiff contends Brandi Linton is currently operating Linton Immigration Services in violation of the Immigration Consultants Act. The operative First Amended Complaint for Injunctive Relief is brought against Brandi Linton and Does 1 through 100, alleging a single ca...

Excerpt: ...lion and pay $825,000 for shipment of the gloves. Plaintiff alleges that Defendant failed to provide the gloves, despite Plaintiff's payment for shipping costs. Defendant demurs to the entirety of the Complaint. TENTATIVE RULING: Defendant Sam Vaziri Vance dba SAMA Eyewear's demurrer to the Complaint is SUSTAINED WITH LEAVE TO AMEND as to the first cause of action for breach of contract and is otherwise OVERRULED as to all of the remaining causes...

Excerpt: ...eriods or compensation in lieu thereof, failing to pay employees the full amount of their wages owed upon termination or resignation, and failing to provide failing to provide accurate wage statements. On January 30, 2019, Plaintiff filed a class action complaint against Defendant Yum Yum Donut Shops, Inc. for (1) failure to provide meal periods, (2) failure to provide rest periods, (3) failure to pay all wages upon termination, (4) failure to pr...

Excerpt: ...t Kasra Hossein Barthi a/k/a Kasrah Hossein Barghi a/k/a Kaz Barghi a/k/a Kaz Kelly (“Barghi”) and Mark Friedman a/k/a Mark Friedman (“Friedman”) (collectively, “Respondents”) are not and never have been authorized to practice law in California, but are holding themselves out as entitled to practice law, and are practicing law and offering unauthorized legal services to their clients. (Pet. ¶ 4.) On May 5, 2021, the Court issued inte...

Excerpt: ...n the principal amount of $800,000.00, secured by a deed of trust on certain real property. (Compl., ¶ 6.) The Note was never paid off. (Id., ¶ 7.) Plaintiff issued a secured promissory note to pay Viltar the sum of $90,000.00, as Viltar refused to transfer the property to Plaintiff unless Plaintiff did so. (Id., ¶ 8.) Viltar purportedly assigned the $90,000.00 Note to Defendant. (Id., ¶ 9.) Defendant seeks to foreclose on the Note. (Id.) Pla...

Excerpt: ...following the death of Plaintiffs' parent, Valeriano Vizcarra (“Decedent”). Plaintiffs named as defendants Toyota Motor North America, Inc., Toyota Motor Sales USA, Inc., Toyota Motor & Manufacturing Engineering North America, Inc., and Toyota Motor Corporation. Plaintiffs' Complaint asserted three causes of action for (1) negligence – product liability; (2) breach of express and implied warranties; and (3) strict product liability. On May ...

Excerpt: ...aintiff”) who was formerly employed as a Risk Manager by defendant Los Angeles World Airports, a department of defendant City of Los Angeles (collectively, “Defendant” and/or “LAWA”). Plaintiff alleges that she continuously worked for Defendant LAWA until the date of her wrongful and unlawful actual/constructive termination on March 11, 2019. Plaintiff filed this action's Third Amended Complaint (“TAC”) against defendants LAWA, Paul...

Excerpt: ...kage on Plaintiff's behalf; and Plaintiff incurred damages in the amount of $30,000 as a result. Defendants now move for judgment on the pleadings for Plaintiff's Second Amended Complaint. TENTATIVE RULING: Defendants' Motion for Judgment on the Pleadings is DENIED as to the First Cause of Action, and it GRANTED as to the Second Cause of Action. Generally speaking, leave to amend must be allowed where there is a reasonable possibility of successf...

Excerpt: ...d the death of Plaintiffs' daughter after an automobile accident. Defendant moves to strike punitive damages from Plaintiffs' First Amended Complaint. TENTATIVE RULING: Defendant American Honda Motor Co., Inc. Motion to Strike is DENIED. Said Defendant is to file an Answer to the FAC within 21 days if it hasn't already done so. Plaintiff to give notice, unless waived. DISCUSSION: Motion to Strike Meet and Confer The Declaration of Attorney Nina J...