Excerpt: ...ted causes of action for (1) breach of contract, (2) fraud, (3) unjust enrichment, and (4) violation of Penal Code section 496, subdivision (c). On April 15, 2022, pursuant to Defendants' demurrer, the Court struck the fourth cause of action and granted leave to amend as to the fraud claim and to allege facts supporting Andrea Oh as a Defendant. The operative Second Amended Complaint, filed May 9, 2022, alleges (1) breach of contract, (2) fraud, ...

Excerpt: ...at the partnership payments were primarily made to his loan-out company, Jet 2 Set, Inc., rather than to Kroytor directly. On February 14, 2022, Kroytor's loan-out company, Jet 2 Set, Inc., filed its own lawsuit against Defendants based on the same facts. On May 3, 2022, the two cases were consolidated by order of Judge Barbara Scheper. On May 11, 2022, Plaintiffs Kroytor and Jet 2 Set, Inc. filed the operative Second Amended Complaint combining ...

Excerpt: ...and Daneilla Krashenny. On January 4, 2021, Plaintiffs obtained a judgment against Defendants Itkin, Zinberg, and Bidding Unlimited. A writ of execution was issued on June 14, 2022. On June 28, 2022, the Court granted Plaintiffs' ex parte application to levy on the bank account of third party Garry Itkin JD, Inc. (“JD Inc.”). On July 5, 2022, Defendant Itkin and third party JD Inc. (collectively “Moving Parties”) filed the instant motion ...

Excerpt: ...on was initiated on October 1, 2020 when Plaintiff and Cross-Defendant Julie Bae (“Bae”) alleged defamation and intentional and negligent infliction of emotional distress against Defendants and Cross-Complainants Tae Eo (“Eo”) and Tae Wol Shin (“Shin”). Bae's complaint arises from alleged statements made by Eo and Shin to the Bureau of Real Estate Complaint Intake Unit accusing Bae of deliberate misrepresentation in connection with th...

Excerpt: ...ing medical leave and accommodation for his disability. On April 11, 2022, Plaintiff served responses to discovery propounded by Defendant. Among those responses were Requests for Admission. On July 1, 2022, Plaintiff filed the instant motion to amend his response to RFA No. 3, which asked Plaintiff to admit that his medical condition did not limit his ability to perform any life activity except working with Ashley Hancock as his supervisor. Plai...

Excerpt: ...nation based on Plaintiff's termination from the Police Chief position. On June 22, 2022, Plaintiff filed the present three motions to compel the further deposition of three city council members who were instructed not to answer various questions regarding the City Manager position. Plaintiff alleges that Defendant fired the sitting City Manager, who had refused to terminate Plaintiff, and replaced him with a City Manager (David Carmany) who was ...

Excerpt: ...ndant has not repaid. Plaintiff alleges that Defendant lied about his intent to invest the money in order to induce Plaintiff into making the loan. On April 21, 2022, Defendant filed the instant demurrer to the complaint, arguing that Plaintiff is improperly attempting to transform a breach of contract into fraud. Defendant also moves to strike punitive damages. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause ...

Excerpt: ...on against Defendants James Campbell Productions, Inc. and Bloomingdales, LLC for unpaid wages following a fashion show. Defendant Campbell cross-complained for indemnity against the talent agencies that provided the models, alleging that Campbell exclusively contracted with the agencies and paid the money to the agencies. The cross-complaint alleges that it was the agencies' negligence that caused Plaintiffs' damages. Cross-Defendant LA Models, ...

Excerpt: ...rence with economic relations; (4) interference with prospective business advantage; (5) breach of nondisclosure; and (6) interference with contractual relations. The matter was tried in January 2019 on the sole cause of action for intentional interference with prospective economic advantage. On January 17, 2019, the jury returned a verdict in favor of Plaintiff against Defendants Real Soda and Daniel Ginsburg. On July 5, 2019, the court also gra...

Excerpt: ...f's individual claims, which have been settled. The tenth cause of action arises under the Private Attorney General Act (“PAGA”), and Plaintiff sues under PAGA for personally sustained violations and violations against other aggrieved employees. Plaintiff claims that she and other employees were misclassified as independent contractors and subjected to various wage violations. As a condition of employment, Plaintiff signed an arbitration agre...

Excerpt: ...of action: (1) Failure to engage in the interactive process; (2) Intrusion into private affairs; (3) Failure to provide a reasonable accommodation; (4) Violation of CFRA rights; (5) Employment discrimination; (6) Failure to prevent discrimination and retaliation; and (7) Wrongful constructive discharge. The complaint stems from Defendants' refusal to return Plaintiff to work following a medical leave. Plaintiff claimed that Defendants failed to r...

Excerpt: ...n against Defendants Hector Pulido (“Hector”) and Wells Fargo. The operative Second Amended Complaint, filed July 21, 2021, alleges: (1) fraud; (2) specific performance; (3) declaratory relief; (4) unjust enrichment; (5) constructive trust; (6) resulting trust; and (7) equitable lien. Plaintiffs' complaint arises from a dispute over a certain parcel of real property in Whittier, California. Plaintiffs allege that Maria's brother, Defendant He...

Excerpt: ...nt to provide workers' compensation administration for the Los Angeles Fire Department. Plaintiff admittedly did not perform its obligations under the contract relating to staffing and caseloads. However, Plaintiff asserts that its performance was hindered by force majeure (the COVID-19 pandemic) and Defendant's bad faith rejection of Plaintiff's staffing proposals. As a result of Plaintiff's failure to meet the staffing and caseload requirements...

Excerpt: ... (5) unjust enrichment; and (6) declaratory relief. The lawsuit stems from the following facts. In July 2020, Plaintiff and Defendant entered into a written agreement whereby Plaintiff was to provide Defendant with approximately 50,000 square feet of warehouse space for storage and related facility access. Plaintiff claims that Defendant breached this agreement by failing to pay for the space provided and vacating the premises without the requisi...

Excerpt: ...rom Plaintiff's purchase of a 2019 Nissan Rogue (Vehicle). Request for Judicial Notice Plaintiff's request for judicial notice is GRANTED. Defendant's request for judicial notice is GRANTED. Discussion Defendant Nissan moves to compel Plaintiff to submit this action to binding arbitration. Nissan presents a copy of the Vehicle's Retail Installment Sale Contract (Sale Contract) entered into by Plaintiff and Glendale Nissan. (Thomas Decl. Ex. 3.) T...

Excerpt: ...aw, APC. The operative First Amended Complaint, filed April 27, 2022, asserts two causes of action for (1) negligence and (2) breach of fiduciary duty. Plaintiff alleges that Defendants represented him in a personal injury action but failed to communicate a Section 998 offer to Plaintiff and failed to apprise Plaintiff of his appellate rights. Plaintiff lost at trial, and Defendants allegedly did not help Plaintiff negotiate a cost waiver. On Jun...

Excerpt: ...contract; (2) violation of Consumer Legal Remedies Act; (3) violation of False Advertising Law; and (4) violation of Unfair Competition Law. Plaintiff alleges that he saw an advert for a 2021 Mercedes AMG GT sports car listed by MBSJ on its dealership website and on Autotrader. The price was listed as $340,745, approximately matching the MSRP of the vehicle. Plaintiff alleges that he selected the “Start Purchase Online” option on MBSJ's websi...

Excerpt: ...er of a piece of property in La Canada Flintridge, California. Defendant ultimately lost the bid because it was lower than other bids that the seller had received. Defendant falsely blamed this loss on Plaintiff and began publicly accusing Plaintiff of cheating her out of the sale. Specifically, on March 17, 2022, Defendant accosted Plaintiff while Plaintiff was attending a mixer event. In front of Plaintiff's past and potential clients, Defendan...

Excerpt: ...legations. From May 2018 to September 2020, Plaintiff worked as a cook at a Habit Burger Grill restaurant. Plaintiff alleges that she was pregnant and requested accommodations but was still instructed to perform heavy lifting. Plaintiff also alleges that she suffered sexual harassment from another cook, Defendant Bonilla. After Plaintiff reported the harassment, Defendant Habit Employment allegedly did not investigate the claims and instead disci...

Excerpt: ...e Complaint alleges in pertinent part as follows: In March 2019, Plaintiff purchased a new 2019 Ram Truck 3500 (“Vehicle”) manufactured by FCA. During the warranty period the vehicle developed defects. LEGAL STANDARD Attorney's fees are mandatory to the prevailing plaintiff under the CLRA. (Kim v. Euromotors West/The Auto Gallery (2007) 149 Cal.App.4th 170, 178; Drouin v. Fleetwood Enterprises (1985) 163 Cal.App.3d 486, 493. Section 1780(e) o...

Excerpt: ...er abuse; (3) intentional infliction of emotional distress; (4) financial elder abuse; (5) negligent infliction of emotional distress; and (6) negligence. On February 2, 2022, this Court partially sustained Defendant's demurrer to the complaint. On March 2, 2022, Plaintiff filed the operative First Amended Complaint, which removed the negligence and negligent infliction of emotional distress claims. Plaintiff alleges that in January 2019, he ente...

Excerpt: ...ment and threats by Defendants, who were Plaintiffs' landlords. On March 18, 2022, Defendants filed the instant special motion to strike on the grounds that Plaintiffs' lawsuit is based on Defendants' service of notices, which constitute protected litigation activity. LEGAL STANDARD A special motion to strike under Code of Civil Procedure section 425.16 allows a defendant to seek early dismissal of a lawsuit that qualifies as a strategic lawsuit ...

Excerpt: ...dgment wherein Vlaze was found liable to AMAG for unpaid loans. Marc Cubas was Vlaze's CEO, and he allegedly made several fraudulent transfers of real and personal property to other Defendants to avoid debt collection. By this action, AMAG seeks to unwind these transfers and to apply these assets to the unpaid balance of the money judgment. The operative complaint is the First Amended Complaint (“FAC”) filed August 4, 2020, alleging fraudulen...

Excerpt: ...inst female coworkers based on sex, gender, and religion. Plaintiff alleges that his suspension was motivated by his own complaints of harassment against these same female employees in 2016. In December 2016, Plaintiff filed a Workers' Compensation claim against Defendant for emotional distress arising from a hostile work environment. On November 11, 2021, a Workers' Compensation Judge issued an award in favor of Plaintiff against Defendant. (Rat...

Excerpt: ...t alleges in pertinent part as follows: In August 2019, Plaintiff leased a new 2019 GMC Sierra 1500 (“Vehicle”) manufactured by GM. During the warranty period the vehicle developed defects. LEGAL STANDARD Attorney's fees are mandatory to the prevailing plaintiff under the CLRA. (Kim v. Euromotors West/The Auto Gallery (2007) 149 Cal.App.4th 170, 178; Drouin v. Fleetwood Enterprises (1985) 163 Cal.App.3d 486, 493. Section 1780(e) of the CLRA s...

Excerpt: ...s that he rented a vehicle from Defendant on February 6, 2020. Plaintiff claims the vehicle was defective, and Defendant refused to swap the vehicle after being notified of a near collision. On an unspecified date, Plaintiff was allegedly stranded with a defective tire and no vehicle registration. Plaintiff appears to allege that during this incident, his belongings were stolen from the vehicle after paramedics and police came to assist him. On A...

Excerpt: ...ng against Defendants Shlomo Rechnitz (“Rechnitz”), San Gabriel Healthcare & Wellness Centre LP (“San Gabriel”), G4 Wellness GP, LLC (“G4”), Rockport Administrative Services, LLC (“Rockport”), and Steven Stroll (“Stroll”). The lawsuit stems from alleged injuries Plaintiff sustained while she was a resident at a skilled nursing facility. Defendants Rechnitz and Stroll have since been dismissed. On March 21, 2022, Plaintiff serv...

Excerpt: ...ess and Professions Code. The complaint arises from alleged statements posted to Defendant's social media accusing Plaintiff of engaging in election fraud. On April 1, 2022, the court GRANTED Defendant's special motion to strike under Code of Civil Procedure section 425.16 (the anti-SLAPP statute). LEGAL STANDARD A special motion to strike under CCP section 425.16 — the anti-SLAPP statute — allows a defendant to seek early dismissal of a laws...

Excerpt: ... San Gabriel Healthcare & Wellness Centre LP (“San Gabriel”), G4 Wellness GP, LLC (“G4”), Rockport Administrative Services, LLC (“Rockport”), and Steven Stroll (“Stroll”). The lawsuit stems from alleged injuries Plaintiff sustained while she was a resident at a skilled nursing facility. Defendants Rechnitz and Stroll have since been dismissed. On April 29, 2022, Plaintiff served Notices to Appear and Produce at Trial to Defendants...

Excerpt: ...ents to be rejected, resulting in no payment from Plaintiff's customers. A judgment on special verdict was entered April 28, 2022, resulting in a judgment for Plaintiff Speedy Fuel against Defendant Gilbarco in the amount of $777,054.41. On May 10, 2022, Plaintiff filed the instant motion for new trial to include prejudgment interest in the amount of $569,129. LEGAL STANDARD Civil Code section 3287, subdivision (a) sets forth the right to recover...

Excerpt: ...laratory relief. The action stems from an alleged nuisance created by a neighbor who lives upstairs to Plaintiff's condominium unit. The owner of the upstairs unit (“Unit 303”) allegedly replaced the carpet flooring with hardwood without the proper approvals as required by the Covenants, Conditions, and Restrictions (“CC&Rs”), leading to increased noise. The operative First Amended Complaint, filed April 5, 2022, adds causes of action for...

Excerpt: ...ng, (3) fraud, and (4) unfair business practices. The lawsuit arises from the following pertinent allegations. In March 2016, Plaintiffs entered into a contract with Gorilla Corp. (“Gorilla”) for the remodel of Plaintiffs' home. (Compl. ¶ 9.) The agreement contained an arbitration clause covering any claim arising out of or relating to the contract. (Id., ¶ 11.) In March 2018, Gorilla improperly recorded a mechanic's lien for $30,000, an am...

Excerpt: ...sation Insurance Fund (SCIF) for unpaid insurance premiums. SCIF assigned the account to Plaintiff for collection purposes. After receiving unsatisfactory responses to requests for admission, form interrogatories, and requests for production, Plaintiff filed the instant motions to compel further responses. LEGAL STANDARD On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the p...

Excerpt: ...wage records; (2) unfair business practices; (3) constructive discharge; and (4-5) intentional/negligent infliction of emotional distress. The complaint alleges that Defendant Desai hired Plaintiff as the general manager at Defendant's restaurant, R Bar. (Compl. ¶ 9.) Defendant did not classify or pay Plaintiff as an employee but rather as an independent contractor. (Id., ¶ 10.) Defendant initially ignored Plaintiff's requests to be properly cl...

Excerpt: ...tiff was a barista at a Coffee Bean café. The complaint stems from alleged sexual assaults committed by Plaintiff's supervisor, Defendant Pena. Plaintiff alleges that the store supervisor, Defendant Trujillo, would dismiss Plaintiff's concerns regarding Pena and retaliate against Plaintiff. On April 26, 2022, Defendant International Coffee & Tea, LLC filed the instant motion to compel arbitration. The motion is based on an arbitration agreement ...

Excerpt: ...er the Song-Beverly Act, “the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” (Civ. Code § 1794(d).) For Song-Beverly Act claims, a prevailing buyer has the burden of ...

Excerpt: ...TANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal. App. 4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal. App. 4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or by proper judicial notice. (Code Civ. Proc. § 4...

Excerpt: ... filed its Second Amended Complaint (“SAC”) against Minho Lim (“Lim”), Ki Soon Seo (“Seo”), N9 Int'l Trading, Inc. (“N9”), and Kaldea, Inc. (“Kaldea”) (collectively “Defendants”) alleging thirteen causes of action stemming from Defendants' receipt of kickbacks from Plaintiff's suppliers and customers. Plaintiff hired Lim as a sales associate around June 2016. Lim was responsible for managing Plaintiff's sourcing and sellin...

Excerpt: ...ge records; (2) unfair business practices; (3) constructive discharge; and (4-5) intentional/negligent infliction of emotional distress. The complaint alleges that Defendant Desai hired Plaintiff as the general manager at Defendant's restaurant, R Bar. (Compl. ¶ 9.) Defendant did not classify or pay Plaintiff as an employee but rather as an independent contractor. (Id., ¶ 10.) Defendant initially ignored Plaintiff's requests to be properly clas...

Excerpt: ...& Avedon, LLP, David Beitchman, and Beitchman & Zekian, a Professional Law Corporation (collectively “Defendants”). On July 1, 2021, this Court denied Plaintiffs' motion to reopen expert discovery, and on August 9, 2021, denied Plaintiffs' motion for reconsideration of same. On April 1, 2022, the Court denied Plaintiffs' ex parte application to continue the trial date to allow for further discovery. On May 4, 2022, Plaintiffs filed the instan...

Excerpt: ...the 8400 and 8500 blocks of South Vermont Avenue, for construction and operation of the Vermont and Manchester Transit Priority Joint Development Project. After resolution of various issues, including the County's right to take, the remaining issue for trial is the value of the Property. County presently moves in limine to exclude various trial exhibits that can be characterized into the following three categories: (1) renderings and information ...

Excerpt: ... following causes of action: (1) fraud, (2) aiding and abetting fraud, (3) negligence, (4) violation of Business and Professions Code section 17200, et seq., and (5) common counts. The Complaint alleges in pertinent part as follows. In January 2020, Plaintiff's principal, Danny Young, responded to Oh and Fabien's Korean language advertisement in the Korean Time. Young informed Oh that he was not fluent in English and wanted a Korean language loan...

Excerpt: ...nce, and (4) unfair competition. The lawsuit arises from the following pertinent facts. Plaintiff is a manufacturer of health and fitness oriented food products, such as cookies. Defendant sells a variety of ingredients to food manufacturers, including Plaintiff. The particular ingredient at issue in this case is the antioxidant CytoGuard. CytoGuard is a cultured dextrose powder (“CDP”). Plaintiff alleges that the inclusion of CDP in its cook...

Excerpt: ...Defendants Fariba Cohanim and Echo Park Ave LLC filed the instant motion to strike references to punitive damages. LEGAL STANDARD Any party, within the time allowed to respond to a pleading, may serve and file a notice of motion to strike the whole or any part of that pleading. (Code Civ. Proc., § 435, subd. (b).) The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike (1) any irrelevant, false, or ...

Excerpt: ...ulcers while staying at Defendants' care facility. Plaintiff alleges that Defendants failed to properly monitor and provide care to him and that the facility was underfunded and understaffed with inadequately trained personnel. On January 18, 2022, Plaintiff filed a separate action for negligence pursuant to Code of Civil Procedure section 377.34, which allows for recovery of pain and suffering in actions filed after January 1, 2022. The actions ...

Excerpt: ...tiff delivered facemasks to Defendants, who have failed to pay. On December 24, 2020, Defendants filed a cross-complaint, alleging that Plaintiff misrepresented the medical grade of the masks. On February 4, 2022, Plaintiff filed a motion to compel responses to Requests for Production (“RFP”) propounded to Defendants Scosi Orthopedics and Dr. Allen Lu (collectively “Defendants”). Defendants had served unverified responses and had not prod...

Excerpt: ...ng (1) breach of contract, (2) money had and received, (3) fraud, and (4) negligent misrepresentation. Plaintiffs allege that Rogers was fraudulently induced into investing $350,000 in 921 Sports Group, a company owned by Peete. Peete allegedly promised to repay the loan. When Peete failed to repay the investment amount, Rogers filed a lawsuit, which resulted in a $250,000 settlement. This action stems from Defendants' alleged breach of the settl...

Excerpt: ...“Gross Property”). (Compl. ¶ 1.) The property is a one-story commercial building containing various restaurants and retail businesses. (Id., ¶ 7.) Defendant owns an adjacent property (“Castelo Heights Property”). (Id., ¶ 2.) There is a public alleyway abutting both properties, which patrons of the businesses access by traversing a driveway in between the properties. (Compl. ¶ 7.) The driveway begins from Ventura Boulevard to the south...

Excerpt: ...ive First Amended Complaint (“FAC”) was filed on August 26, 2020, alleging causes of action for (1) breach of contract; (2) judicial foreclosure; (3) services rendered; (4) quantum meruit; and (5) specific performance. Plaintiff alleges that he represented Defendant in an underlying lawsuit involving real property and prevailed but that Defendant has refused to pay him the agreed-upon fee. Plaintiff alleges that the parties agreed for Defenda...

Excerpt: ...negligence, and (4) unfair competition. The lawsuit arises from the following pertinent facts. Plaintiff is a manufacturer of health and fitness oriented food products, such as cookies. Defendant sells a variety of ingredients to food manufacturers, including Plaintiff. The particular ingredient at issue in this case is the antioxidant CytoGuard. CytoGuard is a cultured dextrose powder (“CDP”). Plaintiff alleges that the inclusion of CDP in i...