Excerpt: ...he complaint alleges that Defendant E&B Natural Resources Management Corporation (E&B) sought to purchase a 25% stake in WGH. Due to financial issues with its lenders, E&B could not directly deal with WGH. Instead, E&B allegedly formed Defendant Triton LA, LLC (Triton) to hold E&B's 25% interest in WGH. The complaint alleges that the arrangement was induced by fraud and that Defendants merely sought to take over WGH's assets for themselves. Trito...

Excerpt: ...2019, but the trial court granted a motion for judgment notwithstanding verdict, thereby vacating the original judgment. On December 2, 2022, the Court of Appeal reversed, effectively reinstating the November 12, 2019, judgment. On December 7, 2022, Plaintiff filed the instant motion to recover attorneys' fees incurred in proving the truth of matters that Defendant denied in requests for admission. LEGAL STANDARD “If a party fails to admit the ...

Excerpt: ...LP, David Beitchman, and Beitchman & Zekian, a Professional Law Corporation. The operative First Amended Complaint was filed June 11, 2019. The matter came on for a bench trial on October 31, 2022. The Court found in favor of Defendants and entered judgment accordingly on December 6, 2022. The judgment provided that “Plaintiffs shall take nothing by their First Amended Complaint or by any purported cause of action therein, as against Defendants...

Excerpt: ...operative Second Amended Complaint, filed January 18, 2023, alleges (1) battery, (2) assault, (3) battery by peace officer, (4) negligent hiring, (5) negligence, (6) negligent use of deadly force, (7) intentional infliction of emotional distress, and (8) violation of the Bane Act. Plaintiff alleges that he was attending a protest on May 30, 2020, in Los Angeles when Officer Dameworth fired a rubber bullet, striking him. (SAC ¶¶ 10-12.) The inci...

Excerpt: ...plaint asserts causes of action for violations of the Magnuson-Moss Warranty Act. Plaintiff's claims arise from his purchase of a 2017 Chevrolet Impala (Vehicle). Legal Standard “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025...

Excerpt: ...) wrongful termination in violation of public policy. Plaintiff began employment with Defendant around June 2020. (Compl. ¶ 7.) Around March 2021, Plaintiff's daughter was hospitalized, and Plaintiff requested to work from home or take leave. (Id., ¶¶ 8-10.) Later that month, Plaintiff requested a day off for her daughter's doctor's appointment. (Id., ¶ 11.) When Plaintiff returned to work, she was terminated. (Id., ¶ 12.) Plaintiff alleges ...

Excerpt: ... Broadcast Music, Inc. (collectively, “Defendants”) for (1) rescission based on failure of consideration; (2) fraud; (3) rescission based on fraud; and (4) declaratory relief. Defendants prevailed in the compelled arbitration proceeding and were awarded ownership of Borisoff's past and future royalties and attorney fees of $67,866.13. On October 3, 2013, Defendants petitioned the Court to confirm the award, which the Court did on January 15, ...

Excerpt: ...ch of contract, violations of FEHA and CFRA, unfair business practices, fraud, and Labor Code violations. On February 8, 2022, Defendants filed their amended answer, with leave of Court. On October 14, 2022, the Court granted Defendants' unopposed motion for summary judgment in its entirety. On November 3, 2022, the Court entered judgment in Defendants' favor. On November 8, 2022, Defendants filed their initial Memorandum of Costs. In response, P...

Excerpt: ...pel arbitration. LEGAL STANDARD “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate a controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists….” (CCP § 1281.2.) The right to compel arbitration exists unless the ...

Excerpt: ...nst various Defendants, asserting 16 causes of action stemming from an alleged conspiracy to embezzle money from Plaintiffs. The allegations mainly revolve around the actions of Defendant Diego Gonzalez, the former finance director for Plaintiff Kostiv & Associates, who fraudulently entered into contracts with Defendants Ezlawpay and Payink on behalf of the firm, resulting in false invoices charged to Plaintiff. Beyond these defendants, Plaintiff...

Excerpt: ...��) on August 22, 2022. The Complaint asserts causes of action for (1) breach of fiduciary duty; (2) negligence; (3) fraud; (4) negligent misrepresentation; (5) violation of Business and Professions Code § 17200; and (6) breach of contract. The Complaint alleges that Plaintiff employed Yadegaran and SFRE to serve as Plaintiff's real estate agent and broker. (Complaint ¶ 21.) Plaintiff alleges that Brackett is the designated officer of SFRE. (Co...

Excerpt: ...ng to be customer reviews, allegedly containing false assertions of fact regarding negative experiences with Plaintiffs and their law firms. On December 28, 2022, Plaintiffs filed the instant motion for early discovery to serve subpoenas for business records upon Yelp, Inc., Google, Inc., Microsoft, Inc., MH Sub I, LLC, and the internet service providers (ISPs) of the Doe defendants. LEGAL STANDARD “The plaintiff may serve a deposition notice w...

Excerpt: ...ve First Amended Complaint was filed on October 14, 2022. The complaint alleges that Defendant E&B Natural Resources Management Corporation (E&B) sought to purchase a 25% stake in WGH. Due to financial issues with its lenders, E&B could not directly deal with WGH. Instead, E&B allegedly formed Defendant Triton LA, LLC (Triton) to hold E&B's 25% interest in WGH. The complaint alleges that the arrangement was induced by fraud and that Defendants me...

Excerpt: ... First Amended Complaint, filed June 9, 2022, asserts causes of action for violation of the Song-Beverly Act, breach of implied warranty, and fraudulent inducement by concealment. On October 10, 2022, this Court sustained Defendant's demurrer to the fraud claim based on the economic loss rule. However, on October 26, 2022, the Court of Appeal issued its decision in Dhital v. Nissan North America, Inc. (2022) 84 Cal.App.5th 828, holding that the e...

Excerpt: ...that Defendant E&B Natural Resources Management Corporation (E&B) sought to purchase a 25% stake in WGH. Due to financial issues with its lenders, E&B could not directly deal with WGH. Instead, E&B allegedly formed Defendant Triton LA, LLC (Triton) to hold E&B's 25% interest in WGH. The complaint alleges that the arrangement was induced by fraud and that Defendants merely sought to take over WGH's assets for themselves. Triton allegedly demanded ...

Excerpt: ...endant Levine was allegedly Plaintiff's landlord. However, Levine died in January 2021. On July 13, 2022, Plaintiff filed a First Amended Complaint adding Herschel Manalo, individually and as trustee of Levine's estate, as a Defendant. On August 26, 2022, Defendant Manalo filed a demurrer to the FAC on the grounds that Plaintiff improperly added him as a Defendant and exceeded the statute of limitations. Defendant additionally argued that he coul...

Excerpt: ...product liability. The action stems from severe and permanent injuries that Plaintiff sustained after Meyer intentionally pointed a laser at Plaintiff which struck Plaintiff's eye. Meyer has been arrested for the crime and is one of the defendants in this action, but Plaintiff has also named Amazon.com Services LLC (Amazon) as a Doe defendant. Meyer allegedly purchased the laser pointer using the Amazon website. Plaintiff seeks to hold Amazon lia...

Excerpt: ...m Plaintiff's purchase of a 2022 Honda HR-V (Vehicle). Discussion A. The equitable estoppel doctrine applies and Honda may compel Plaintiffs to arbitrate his claims against Nissan. Defendant Honda moves to compel Plaintiff to submit this action to binding arbitration. Honda presents a copy of the Vehicle's Retail Installment Sale Contract (Sale Contract) entered into by Plaintiff and Imperial Valley Honda. (Sadeghi Decl. Ex. 1.) The Sale Contract...

Excerpt: ...equisite fees. Plaintiff filed the complaint in this action on August 4, 2022. On December 2, 2022, Defendant filed the instant motion to compel arbitration. LEGAL STANDARD The Federal Arbitration Act (FAA) states that “[a] written provision in any . . . contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction . . . shall be valid, irrevocable, and enforce...

Excerpt: ... September 30, 2022 and adds Defendant Outreach Medical Marketing Inc. The FAC asserts causes of action for: (1) breach of contract; (2) fraudulent inducement; (3) aiding and abetting fraud; (4) negligent misrepresentation; (5) interference with contract; and (6) quantum meruit. The complaint arises from an arrangement between Plaintiff and Aurai wherein Plaintiff purchased medical gloves from Aurai that were supposedly FDA-approved. The gloves w...

Excerpt: ...sonment, elder abuse, harassment, conspiracy, and intentional infliction of emotional distress. Defendants are neighbors residing in Reseda, California. The action arises from confrontations between Plaintiff and Defendants, which ended in Plaintiff's arrest and incarceration. According to the complaint, Plaintiff was friends with Defendant Bates and in January 2019 began to help Bates with a lawsuit that Bates was involved in. This required Plai...

Excerpt: ... On October 21, 2022, Defendants Fariba Cohanim and Echo Park Ave LLC filed the instant motion for summary judgment on the grounds that they purchased the property after Plaintiff had already been evicted and therefore cannot be liable on any cause of action. LEGAL STANDARD The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or cla...

Excerpt: ...llegations mainly revolve around the actions of Defendant Diego Gonzalez (“Diego”), the former finance director for Plaintiff Kostiv & Associates, who fraudulently entered into contracts with Defendants Ezlawpay and Payink on behalf of Plaintiff, resulting in false invoices charged to Plaintiff. Beyond Ezlawpay, Payink, and Diego, Plaintiffs also bring this suit against Diego's wife (allegedly the owner of Ezlawpay), two corporate officers of...

Excerpt: ...mber 12, 2019, but the trial court granted a motion for judgment notwithstanding verdict, thereby vacating the original judgment. On December 2, 2022, the Court of Appeal reversed, effectively reinstating the November 12, 2019 judgment. On December 7, 2022, Plaintiff filed the instant motion to recover attorneys' fees incurred in proving the truth of matters that Defendant denied in requests for admission. LEGAL STANDARD “If a party fails to ad...

Excerpt: ...s' purported mismanagement of Plaintiff. The complaint alleges that Defendant E&B Natural Resources Management Corporation (E&B) sought to purchase a 25% stake in WGH. Due to financial issues with its lenders, E&B could not directly deal with WGH. Instead, E&B allegedly formed Defendant Triton LA, LLC (Triton) to hold E&B's 25% interest in WGH. The complaint alleges that the arrangement was induced by fraud and that Defendants merely sought to ta...