Excerpt: ... by Joseph Edward Beezy (“Beezy”) in a private room. Beezy was employed by Southern California Permanente Medical Group (“SCPMG”). A. First Amended Complaint The operative pleading is the First Amended Complaint (“FAC”) filed on March 20, 2019. Relevant to the instant motion, the FAC asserts the following causes of action against SCPMG following SCPMG's successful motion for judgment on the pleadings: (1) fourth cause of action – ne...

Excerpt: ...e (“Plaintiff”) commenced this action against Defendants Los Angeles Unified School District (“LAUSD”); Dr. Pablo E. Osorio, ED.D (“Osorio”); Valgene Pavageau Yagerman (“Yagerman”); Ms. X Pitts (“Pitts”); Ms. X Gonzalez (“Gonzalez”); Austin Beutner (“Beautner”); D.S., a minor; and A.S., a minor. The Complaint alleges causes of action for: (1) assault, (2) sexual assault, (3) battery, (4) sexual battery, (5) negligence,...

Excerpt: ... Skanska, Stacy and Witbeck. Plaintiff alleges that she was sexually battered by and coerced to have sexual relations with Bravo. On September 20, 2019, Plaintiff filed a Complaint alleging sixteen causes of action arising from Bravo's alleged acts. On November 6, 2020, Defendants Skanska USA Civil West California District Inc., and Stacy and Witbeck, Inc. (hereinafter referred to collectively as “Defendants”) propounded Demand for Inspection...

Excerpt: ...te, and Marcos Figueroa (Marcos) (collectively, Plaintiffs) against Defendants AT&T Corporation (AT&T); AT&T Mobility Wireless Operations Holdings Inc. (AT&T Wireless); AT&T Mobility LLC (AT&T Mobility); All Access Equipment Rentals, Inc. (All Access); RBR Properties, Inc. (RBR); Vinculums Services, LLC (Vinculums); New Cingular Wireless PCS LLC (Cingular); JLG Industries, Inc (JLG); Joel Lupercio (Lupercio); Jorge Ceja (Ceja); and Roberto Guerre...

Excerpt: ... Associates, Megdal Commerce, LLC, and Taylor Megdal (collectively, “Real Parties”) seeking to set aside the City's approval of the Project at the intersection of S. Atlantic Boulevard and Washington Boulevard in the City of Commerce. OBJECTIONS Real Parties in Interest's Objections to Sisson's Declaration are overruled. ANALYSIS Petitioner moves for an award of attorney's fees and costs in a total amount of $207,274 A. Entitlement to Attorne...

Excerpt: ...West); Skanska USA Building, Inc. (USA Building); Skanska USA Civil, Inc. (USA Civil); PCI Skanska, Inc. (PCI); Stacy and Witbeck, Inc.; and Gustavo Bravo (Bravo) on September 20, 2019. The Complaint asserts causes of action for (1) sexual assault and battery, (2) discrimination in violation of the UCRA and FEHA, (3) harassment in violation of FEHA and Civil Code section 51.9, (4) violation of the Ralph Act, (5) interference with the exercise of ...

Excerpt: ...., (“Lowe's”) and Edwin DeMatta (“DeMatta”) (collectively “Defendants”) and Does 1 through 10. The Complaint asserts 10 causes of action for: (1) pregnancy and sex discrimination in violation of FEHA; (2) failure to provide pregnancy leave in violation of FEHA; (3) perceived disability discrimination in violation of FEHA; (4) failure to reasonably accommodate in violation of FEHA; (5) failure to engage in interactive process in violat...

Excerpt: ...as filed on December 27, 2019. Plaintiff asserts the following causes of action: (1) breach of written contract, (2) legal malpractice, and (3) fraud. The FAC alleges in pertinent part as follows. On July 22, 2016, Plaintiff entered into a written agreement with Keener & Greenfield, whereby Defendants agreed to perform legal services for Plaintiff in the defense of a criminal proceeding in which Plaintiff was the defendant. Plaintiff alleges that...

Excerpt: ...nd Witbeck, Inc.; and Gustavo Bravo (Bravo) on September 20, 2019. The Complaint asserts causes of action for (1) sexual assault and battery, (2) discrimination in violation of the UCRA and FEHA, (3) harassment in violation of FEHA and Civil Code section 51.9, (4) violation of the Ralph Act, (5) interference with the exercise of civil rights in violation of the Bane Act, (6) gender violence in violation of Civil Code section 52.4, (7) retaliation...

Excerpt: ...ah H. Yu (“Defendant”) on July 30, 2020 and a First Amended Complaint (“FAC”) on November 9, 2020. The FAC alleges in pertinent part as follows. In September 2017, Plaintiff was formed for the purposes of conducting wholesale cosmetic packaging business. On June 18, 2018, Plaintiff's CEO, Eun Suk Lee (“Lee”), hired Defendant to work as a business manager. Lee resided in Los Angeles and at times also in Seoul, Korea. Lee subsequently h...

Excerpt: ...forth in this section will serve as a backdrop for the Court's analysis regarding the instant demurrer. A. Plaintiffs' Instant Allegations Plaintiff Yaakov R. Ahula (“Plaintiff”) commenced this action against Defendants Itzick Pouravrahim (“Itzick”) and Alin Pouravrahim (“Alin”)[1] (collectively, “Defendants”) on November 25, 2020. The Complaint asserts causes of action for (1) fraud, (2) cancellation of deed, and (3) conspiracy t...

Excerpt: ...ober 24, 2018. The Complaint asserts seven FEHA-based causes of action: (1) discrimination (race, religion, national origin/ancestry), (2) discrimination (disability), (3) failure to reasonably accommodate, (4) failure to engage in an interactive process, (5) retaliation, (6) harassment, and (7) failure to prevent discrimination, retaliation, and harassment. The Complaint alleges in pertinent part as follows. Plaintiff is a person of Bangladeshi ...

Excerpt: ...d on behalf of the Estate, and Marcos Figueroa (Marcos) (collectively, Plaintiffs) against Defendants AT&T Corporation (AT&T); AT&T Mobility Wireless Operations Holdings Inc. (AT&T Wireless); AT&T Mobility LLC (AT&T Mobility); All Access Equipment Rentals, Inc. (All Access); RBR Properties, Inc. (RBR); Vinculums Services, LLC (Vinculums); New Cingular Wireless PCS LLC (Cingular); JLG Industries, Inc (JLG); Joel Lupercio (Lupercio); Jorge Ceja (Ce...

Excerpt: ... violations of the Song Beverly statute. Plaintiff's claims arise from his purchase of a 2016 Chevrolet Cruze (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 2025.410, fails to appear for examination, or ...

Excerpt: ... violations of the Song Beverly statute. Plaintiff's claims arise from his purchase of a 2016 Chevrolet Cruze (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 2025.410, fails to appear for examination, or ...

Excerpt: ...ranty Act - Breach of Express & Implied Warranty” from his purchase of a new 2020 Tesla Model Y, VIN: 5YJYGDEE9LF010171 (the “Vehicle”). Defendant moves[1] to compel Plaintiff to submit this action to binding arbitration. Plaintiff opposes, arguing that (1) Defendant's specific Song-Beverly Consumer Warranty Act (“SBA”) arbitration provision supersedes the general provision in the purchase order, (2) the agreement is unconscionable, and...

Excerpt: ...fendant for (1) libel; (2) libel per se; (3) trade libel; (4) false light; (5) intentional infliction of emotional distress; (6) negligent infliction of emotional distress; (7) permanent injunction; and (8) declaratory relief. The FAC alleges in pertinent part as follows. Plaintiff made his professional wrestling debut in September 2000 under the character and persona of “Joey Ryan.” Since then, Plaintiff has become a popular wrestling charac...

Excerpt: ...DOCUMENTS BACKGROUND Plaintiff Poopak Khosrowshahi (Plaintiff) commenced this action against Defendants Shahideh Khodadadi (Khodadadi), M. Azhar Asadi (Asadi), and the Law Offices of M. Azhar Asadi & Associates APC (Law Offices) (collectively, Defendants) on October 9, 2018. The Complaint asserts a single cause of action for malicious prosecution. On September 14, 2020, the Court denied Asadi's and Khodadadi's motions to compel Plaintiff's furthe...

Excerpt: ...ich Defendant County of Los Angeles (“Defendant”) controls. Plaintiff contends that he was shot in the back intentionally and LASD are lying about the incident, claiming the shooting was an accidental discharge. On February 5, 2020, Plaintiff commenced this action by filing his complaint, which includes three causes of action: (1) deprivation of civil rights under 42 United States Code section 1983; (2) deprivation of civil rights under Civil...

Excerpt: ... causes of action for violations of the Song-Beverly Act. Plaintiffs' causes of action arise from their purchase of a 2014 Kia Cadenza (the “Vehicle”). Kia moves to compel Plaintiffs to submit this action to binding arbitration. Plaintiffs oppose.[1] Discussion Kia moves to compel Plaintiffs to submit this action to binding arbitration. Kia presents a copy of the Vehicle's Retail Installment Sale Contract (“Sale Contract”) entered into by...

Excerpt: ...ya Entertainment LLC (“Nuriya”) (collectively “Plaintiffs”) commenced this action against Defendants Dean A. Avedon (“Avedon”), Bemel, Ross & Avedon, LLP (“BRA”), David Beitchman (“Beitchman”), and Beitchman & Zekian, a Professional Law Corporation (“B&Z”) The operative pleading is the First Amended Complaint (“FAC”) filed on June 11, 2019. The FAC asserts causes of action for (1) professional malpractice; (2) breach o...

Excerpt: ...ty. The Complaint alleges in pertinent part as follows. In January 2016, RR Kinglet, LLC (Borrower) obtained a loan in the principal amount of $3,997,500 (Loan) for the purpose of refinancing two prior loans. The Loan is evidenced by a promissory note (Note). The Note is secured by a deed of trust (Deed of Trust) executed by the Borrower in favor of lenders listed in an exhibit attached to the Note. The Deed of Trust was recorded against real pro...

Excerpt: ..., 50.3, 50.4, 50.5, AND 50.6; (2) FORM INTERROGATORIES – ECONOMIC LITIGATION, SET ONE, NOS. 115.1, 116.1, 116.2, 116.3, 116.6, 116.7, AND 116.8; AND (3) SPECIAL INTERROGATORIES, SET ONE, NOS. 2, 5, 7-10, 12, 23-32, 34, 36-42, AND 45-55. BACKGROUND A. Procedural and Factual Background This is a partition action involving two sisters Rosalee Morton (“Morton”) and Defendant Aileen Leavitt (“Defendant”) who had equal shares of a partnership...

Excerpt: ...n this section will serve as a backdrop for the Court's analysis regarding the instant demurrer and motion to strike. A. Plaintiff's Instant Allegations Regarding Foreclosure Plaintiff Andrew M. Egbe (“Plaintiff”) commenced this action against Defendants Select Portfolio Servicing, Inc. (“SPS”); U.S. Bank National Association as Trustee for the Certificateholders Citigroup Mortgage Loan Trust Inc. Asset-Backed Pass-Through Certificates Se...

Excerpt: ...nst the Defendants Health Net of California, Inc. incorrectly sued herein as Health Net, Inc. (“HNCI”) and Health Net Community Solutions, Inc. (“HNCS”) (collectively “Defendants”), which are the moving parties:[1] (1) breach of the implied covenant of good faith and fair dealing; and (2) violation of Civil Code section 3428. Essentially, Plaintiff alleges that she had to wait a long time until she was approved for treatment she desir...

Excerpt: ...perative pleading is the First Amended Complaint (FAC) filed on March 20, 2019. The FAC asserts causes of action for (1) sexual battery against Defendants, (2) intentional infliction of emotional distress against Defendants, (3) assault against Defendants, (4) negligence against SCPMG, (5) premises liability against SCPMG, and (6) professional negligence against Defendants. The FAC alleges in pertinent part as follows. On December 21, 2017, Plain...

Excerpt: ...CTIVE ORDER SEEKING TO QUASH OR IN THE ALTERNATIVE MODIFY DEFENDANTS' SUBPOENAS ISSUED TO BRENNER CONSULTING GROUP AND PCR SERVICES CORPORATION Background A. Factual Allegations This is a breach of contract action. Plaintiff BLDG Edinburgh, LLC (“Plaintiff”) commenced this action against Defendants Frank Barbano (“Barbano”) and Jamie Wolf (“Wolf”) (collectively “Defendants”) on April 22, 2020. The Complaint asserts causes of actio...

Excerpt: ...n March 2, 2020. The Complaint asserts causes of action for violations of the Song-Beverly Act. Plaintiffs' causes of action arise from their purchase of a 2014 Kia Cadenza (Vehicle). Legal Standard On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems any of the following apply: (1) An answer to a particular interrogatory is evasive or incomplete; (2)...

Excerpt: ...) on May 6, 2020. A First Amended Complaint was filed on July 15, 2020. The operative pleading is the Second Amended Complaint (“SAC”) filed on October 13, 2020. The SAC asserts a single causes of action for breach of contract. The FAC alleges in pertinent part as follows. Plaintiff is an employee of Defendant City of Los Angeles at the Department of Water and Power (“LADWP”). Plaintiff alleges that on October 2, 2017, the parties entered...

Excerpt: ...efendants) concerning real property located at 931 and 937 East Pico Street, Los Angeles, CA 90021 (Building). Following several rounds of demurrer, Plaintiffs filed the operative pleading, the Third Amended Complaint (TAC), on July 5, 2018. The TAC asserts causes of action for (1) breach of warranty of habitability, (2) negligence, (5) forcible detainer, (6) failure to return security deposits, (9) covenant of peaceful and quiet enjoyment, (10) ...

Excerpt: ...n March 2, 2020. The Complaint asserts causes of action for violations of the Song-Beverly Act. Plaintiffs' causes of action arise from their purchase of a 2014 Kia Cadenza (Vehicle). Legal Standard On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems any of the following apply: (1) An answer to a particular interrogatory is evasive or incomplete; (2)...

Excerpt: ...ainst Defendants World Oil Corp. (“World Oil”) and Asbury Environmental Services (“Ashbury”) (collectively “Defendants”) on June 12, 2020. The operative pleading is the First Amended Complaint (“FAC”) filed on July 14, 2020. The FAC asserts causes of action for (1) failure to engage in the interactive process in violation of FEHA, (2) intrusion into private affairs, (3) failure to provide a reasonable accommodation in violation of...

Excerpt: ...C”), Food 4 Less of Southern California, Inc., (“F4LSC”), Food 4 Less GM, Inc., (“F4LGM”), Ralphs Grocery Company (“Ralphs”) (collectively “Defendants”), and Does 1 through 20. The Complaint asserts 12 causes of action for: (1) discrimination in violation of FEHA; (2) retaliation in violation of FEHA; (3) failure to prevent discrimination, harassment, and retaliation in violation of FEHA; (4) failure to provide reasonable accomm...

Excerpt: ...oods, Inc. (“TBS”), Christina Valle (“Valle”), Lorena Martin (“Martin”), Eduardo Castaneda (“Castaneda”) (collectively “Defendants”), and Does 1 through 100. The Complaint asserts 24 causes of action for: (1-3) race/national origin harassment in violation of FEHA; (4) actual/perceived disability harassment in violation of FEHA; (5) actual/perceived disability discrimination in violation of FEHA; (6) actual/perceived disability...

Excerpt: ...edpoint Management, LLC; Redpoint Ventures VI, L.P.; Redpoint Associates VI, LLC; and Redpoint Ventures VI, LLC, as Doe Defendants on April 1, 2020. The operative pleading is the Second Amended Complaint (SAC) filed on September 2, 2020. The SAC asserts causes of action for (1) breach of oral employment contract against 11 Honore; (2) wrongful discharge in violation of public policy against 11 Honore; (3) breach of fiduciary duty against Herning;...

Excerpt: ...p Business Systems, Inc. (Calop) on June 9, 2020. The complaint asserts a single cause of action for civil penalties under PAGA. The complaint alleges, in pertinent, part as follows. Plaintiff worked as a Security Guard for Defendant at the Los Angeles International Airport until April 7, 2020. Defendant is required to comply with the Living Wage Ordinance (Los Angeles Administrative Code, Div. 10, Chapter 1, Art. 11) (“LWO”). Defendant paid ...

Excerpt: ...August 11, 2020. The Complaint asserts causes of action for (1) first party insurance bad faith – failure to properly investigate claim; (2) breach of contract; (3) breach of the implied covenant of good faith and fair dealing; (4) violation of Unfair Business Practices Act; and (5) negligence. The Complaint alleges in pertinent part as follows. Plaintiff purchased a commercial insurance policy (Policy No. 680-4J7111645-18-42) (“Policy”) fr...

Excerpt: ...lifornia (“Property”). Plaintiff rented out the Property to non-party George Boyagian (“Boyagian”), who damaged the Property by using it to grow marijuana and vandalizing the Property during his eviction proceeding. Plaintiff hired Peter Davidson (“Davidson”) as a public adjuster to assist with the presentation of Plaintiff's claim for damages to the Property insured under an insurance policy under Policy No. CFP 2450029 02 (“Policy...

Excerpt: ..., 2019 against Defendants Security Pacific Associates, Inc. dba Madeo Ristorante (SPA); Madu Inc. (Madu); Elvira Buffoni (Buffoni); Gianni Vietina (Gianni); and Nicola Vietina (Nicola) (collectively, Defendants). The Buyout FAC asserts causes of action for (1) involuntary dissolution, (2) breach of written contract, (3) constructive trust, (4) breach of fiduciary duty, (5) fraud, (6) breach of fiduciary duty, (7) accounting of SPA, and (8) accoun...

Excerpt: ...ent infestations and failures to mitigate. On July 31, 2020, Plaintiff filed his operative First Amended Complaint (“FAC”) against Prana Holding Company, LLC., 939 S. Gramercy Pl. LLC, Prana Growth Fund I, LP, Prana Fund Manager, LLC, Prana Growth Investment LLC, Kevin McKinnon, and Does 1 through 20. Plaintiff asserts nine causes of action against all defendants: (1) negligence; (2) breach of warranty of habitability; (3) breach of the coven...

Excerpt: ... 11, 2020. The operative pleading is the First Amended Complaint (“FAC”) filed on October 6, 2020. The FAC asserts causes of action for (1) fraud on the court, (2) alter ego liability for fraud, (3) intentional tort, and (4) violations of the Fair Debt Collections Act. The FAC does not allege any intelligible facts but for copy-and- paste of legal citations and conclusions. DEMURRER Defendants demur to the FAC's all causes of action on the gr...

Excerpt: ... 04, 2020. On October 15, 2020, Plaintiff dismissed General Insurance and amended the Complaint as to Defendant Doe 1, identified as Defendant Safeco Insurance Company of America (“Safeco”). The Complaint asserts four (4) causes for action for (1) breach of contract (against Safeco), (2) breach of the implied covenant of good faith and fair dealing (against Safeco), and (3) violation of Business & Professions Code Section 17200, et seq. (agai...

Excerpt: ... promised hand sanitizers that Plaintiff intended to sell to a third-party. A. Complaint On August 24, 2020, Plaintiff filed the initial complaint against L & S Brothers LLC (“L&S”), Harish Solanki (“Solanki”), Chuck Lee (“Lee”) (collectively “Defendants”), and Does 1 through 20 asserting eight causes of action: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) tortious interference wit...

Excerpt: ... by and through his attorney in fact Tina (collectively “Plaintiffs”) against Defendant Jannki Mithaiwala (“Jannki”). Tina is the second wife of Ajit. Jannki is the daughter of Ajit and his first wife. In other words, this is an action brought by father and stepmother against the father's daughter. Ajit, who suffers from cognitive decline suggestive of Alzheimer's, lives with Jannki who has assumed responsibility for his care with the ass...

Excerpt: ...roperty”) insured under a homeowner's fire insurance policy under Policy No. 71-CQ-P589-5 (“Policy”) issued by Defendant State Farm General Insurance Company (“Defendant”). Plaintiff contends that Defendant did not honor the Policy in full after Plaintiff's property was damaged due to a fire. A. First Amended Complaint On May 6, 2019, Plaintiff commenced this action against Defendant. On October 18, 2019, Plaintiff filed the operative F...

Excerpt: ...bilities and/or medical conditions, (2) failure to engage in the interactive process, and (3) retaliation. The First Amended Complaint alleges in pertinent part as follows. Plaintiff has been employed with the Los Angeles Department of Water and Power (DWP) since March 1994. In September 2004, Plaintiff was promoted to Principal Security Officer and remained in that position until May 2019. On April 8, 2014, Security Services Director James West ...

Excerpt: ...on for breach of contract. The Complaint alleges in pertinent part as follows. Roberts and Mona Patel (Mona) are real estate brokers and business partners. Sona and Mona are sisters. In October 2019, Roberts entered into a Commercial and Residential Income Listing Agreement (Listing Agreement) with Sona to sell Sona's real property located at 4867 Melrose Avenue, Los Angeles, CA 90029 (Property). In early February 2020, Roberts received a verbal ...

Excerpt: ...y 15, 2019. The Complaint asserts one cause of action for violation of Health and Safety Code section 1278.5. The Complaint alleges in pertinent part as follows. Plaintiff is a physician and surgeon duly licensed to practice medicine in California since May 2000. Plaintiff is currently an Associate Professor in UCLA's Division of Maternal-Fetal Medicine, a senior member of the Department of Obstetrics and Gynecology (“Department”) Maternal-Fe...

Excerpt: ...plaint Plaintiff David Afzal (Afzal) commenced this action against Defendant Roy Yerushalmi (Yerushalmi) dba SoCal Contractor (SoCal) on June 13, 2018. Afzal named Lori Dennis, Inc. (LDI) as a Doe Defendant on October 11, 2019. The operative pleading is the Third Amended Complaint (TAC) brought by Afzal and Julia Shevchenko (Shevchenko) (collectively, Plaintiffs) on July 8, 2020. The TAC asserts causes of action for (1) breach of written contract...

Excerpt: ...endants Schuman and Nielson (“Defendants”) signed a guaranty in connection to a $3.9 million loan made by a group of lenders to RR Kinglet, LLC (“RR”), a company controlled by Defendants. RR failed to repay the loan, resulting in modification agreements extending the maturity date of the loan. By the last agreed-upon maturity date of March 2018, RR had still not repaid the loan. At that time, the amount due was $4.5 million. Plaintiff Kin...