Excerpt: ... Viktor Tseshkovsky (“Tseshkovsky”) (collectively, “Plaintiffs” or “Cross-Defendants”) filed a complaint against Our Church Building, Inc. (“Defendant” or <0048004700030057004b00 00240050004800510047[ed Complaint (“FAC”) against Defendant alleging causes of action for (1) specific performance by the Church against OCB, (2) declaratory relief by the Church against OCB, and (3) declaratory relief by Tseshkovsky against OCB. B. C...

Excerpt: ...6> 2699, et seq.). Plaintiff alleges that she worked for Defendant as a payroll person from approximately June 2016 to June 2017. Plaintiff alleges that Defendant failed to comply with Labor Code sections 203, 204, 226, 226.7, 510, and 512. LEGAL STANDARD Courts have the authority to issue monetary sanctions, evidentiary sanctions, or terminating sanctions against parties engaging in misuse of the discovery process after giving the parties proper...

Excerpt: ...oore jumped from the performance stage and into the crowd, striking Plaintiff and causing injuries and damages, including a stroke. Plaintiff asserts causes of action for battery and negligence/recklessness against Defendants Moore and Lost Boys Touring, Inc. (“Moore Defendants”); and Defendants Belasco Entertainment Theater, Inc., and Belasco Unlimited Corporation (“Belasco”). The action came on regularly for trial on October 16, 2018 in...

Excerpt: ... (1) religious discrimination in violation of FEHA, (2) harassment based on religion in violation of FEHA, (3) retaliation for opposing practice forbidden by FEHA in violation of FEHA, (4) failure to do everything reasonably necessary to prevent discrimination, harassment, and retaliation from occurring in violation of FEHA, and (5) wrongful termination in violation of public policy. The Complaint alleges in pertinent part as follows. Plaintiff i...

Excerpt: ...d 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 Plaintiff'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: ... The First Amended Complaint (“FAC”) alleges causes of action for (1) recognition and entry of domestic judgment on foreign money judgment; (2) breach of written contract – loan agreement; (3) breach of written contract – civil mediation order; (4) common counts- money had and received; (5) false promise; (6) actual voidable transfer, (7) constructive voidable transfer, and (8) violation of Penal Code section 496(c). On February 1, 2019, ...

Excerpt: ...Partners IV, LP (“Greycroft”) (collectively, “Defendants”). The First Amended Compliant (“FAC”) asserts causes of action for (1) breach of oral employment contract; (2) wrongful discharge in violation of public policy; (3) breach of fiduciary duty; (4) inducing breach of contract; (5) tortious interference with contractual relations; (6) tortious interference with prospective economic advantage; and (7) quantum meruit. On March 13, 20...

Excerpt: ...Forbes (“Forbes”), and Brunswick Builders, Inc. (“Brunswick Builders”). Plaintiff asserts six causes of action in the First Amended Complaint (“FAC”) including: (1) breach of contract; (2) breach of covenant of good faith and fair dealing; (3) trespass to property; (4) intentional interference with contractual relations; (5) negligence; and (6) breach of the covenant of quiet enjoyment. On July 18, 2017, Bertolino filed a Cross-Compla...

Excerpt: ...errill Lynch”) for (1) breach of fiduciary duty, (2) fraud, (3) negligent misrepresentation, (4) breach of implied covenant of good faith and fair dealing, and (5) violation of the Unfair Competition Law. The Complaint alleges in pertinent part as follows. <0044004a00480003004400 005a004c0057004b0003[Merrill Lynch. The total value of their accounts exceeded $4 million. Aaron Lapp (“Lapp”), a Merrill Lynch associate, was Plaintiffs' financia...

Excerpt: ... breach of contract, (2) breach of implied covenant of good faith and fair dealing, (3) promissory estoppel, (4) fraud, (5) negligent misrepresentation, (6) intentional interference with prospective economic advantage, and (7) violation of the Business and Professions Code section 17200. On June 3, 2019, Runyon filed a Cross-Complaint against Plaintiff. REQUEST FOR JUDICIAL NOTICE Defendants' requests for judicial notice are GRANTED in full. (Evi...

Excerpt: ...llo (“Caudillo”), Luis Paredes (“Paredes”), Imelda Jimenez (“Jimenez”), Star Coast Escrow, Mariella Portillo (“Mariella”), Brenda Barrientes (“Barrientes”), Star Coast Realty, and GotMortgage.com Real Estate Group (“GotMortgage”). The Complaint alleges five causes of action for (1) quiet title, (2) cancellation of instrument, (3) conversion, (4) fraud and deceit, and (5) unjust enrichment. Plaintiff alleges that he owned r...

Excerpt: ...); SMG / Long Beach Convention & Entertainment Center (“SMG”); and Hubert Moshay (“Moshay”) (collectively, “Defendants”) for (1) sexual harassment in violation of FEHA, (2) sex discrimination in violation of FEHA, (3) race discrimination in violation of FEHA, (4) retaliation for opposing discrimination and harassment, (5) failure to prevent discrimination and harassment, (6) wrongful constructive discharge in violation of public polic...

Excerpt: ...793.2(a)(3), (4) breach of express written warranty, (5) breach of the implied warranty of merchantability, (6) violation of the Magnuson-Moss Warranty Act, and (7) fraud by omission. Plaintiff's action arises out of her purchase of a 2018 Chevrolet Traverse (“Subject Vehicle”). DEMURRER A demurrer challenges only the legal sufficiency of the complaint, not the truth of its factual allegations or the plaintiff's ability to prove those all...

Excerpt: ...mpany (U.S.) Inc.; Alterra America Insurance Company; Endurance American Insurance Company; Freedom Specialty Insurance Company; RSUI Indemnity Company; and Starr Indemnity & Liability Company alleging causes of action for (1) breach of contract; (2) tortious breach of the implied covenant of good faith and fair dealing; and (3) declaratory relief. On December 20, 2018, Defendant Alterra America Insurance Company (“AAIC”) filed a Cross Compla...

Excerpt: ... Digital, Inc. (“Band Pro”); Direct Video Warehouse, Inc. (“DVWI”); MaxPro Leasing, LLC (“MaxPro”); AKT Enterprises, LLC (“AKT”); Technijian, Inc. (“Technijian”); Brandon Brooks (“Brooks”); Greg Bisel (“Bisel”); and Amnon Band (“Band”). Plaintiffs are in the business of leasing and, at the end of the lease, purchasing film equipment and providing such equipment to film and television production companies in Latin A...

Excerpt: ...sandro”) (collectively, “Defendants”) for (1) gender discrimination under FEHA, (2) age discrimination under FEHA, (3) harassment under FEHA, (4) retaliation under FEHA, (5) wrongful termination in violation of public policy, and (6) failure to prevent discrimination. The Complaint alleges in pertinent part as follows. In 2008, CNB hired Plaintiff to serve as Director and Senior Portfolio Manager for CNR, an investment management division o...

Excerpt: ...rly Consumer Warranty Act arising out of his purchase of a 2012 BMW 750. ANALYSIS “If, after service of a deposition notice, a party to the action. . . without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it. . . the party giving the notice may move for an order compelling the deponent's attendance and testimony. . . .” (CCP § 2025.450(a).) “The motion shall be accompanied ...

Excerpt: ...c. (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 Plaintiff'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, 2014, with a final ...

Excerpt: ...ging one cause of action for professional negligence. Plaintiffs allege that they retained JAG to perform architectural services for a project known as the Washington View Apartments (“Project”). Plaintiffs allege that JAG was responsible for determining all zoning issues relating to the Project. These responsibilities allegedly included the creation of a “density matrix” reflecting the size and number of the proposed units that could be ...

Excerpt: ...ice Corporation (“QLSC”) on January 31, 2017 regarding real property located at 11643 Otsego St., North Hollywood, CA 91601 (“the Property”). The action arises out of Plaintiff's default of a $500,000 home equity line of credit. The Complaint alleges nine causes of action: (1) violation of California Civil Code §2924.17; (2) violation of California Civil Code §2943; (3) fraudulent misrepresentation; (4) negligent misrepresentation; (5) ...

Excerpt: ...N.A. (“Wells Fargo”); Wells Fargo Bank N.A. Home Equity (“Wells Fargo HE”); Wilmington Saving Fund Society, FSB, dba Christiana Trust, Trustee for Broughan Fund I Trust (“Wilmington”); Servis One, Inc. dba BSI Financial Services (“BSI”); and Zieve, Brodnax & Steel LLP (collectively, “Defendants”). The TAC alleges two causes of action: (1) promissory estoppel against Wilmington and (2) promissory estoppel against Wells Fargo. O...

Excerpt: ... Water and Toxic Enforcement Act of 1986 (also known as “Proposition 65”). Plaintiff alleges that Defendant manufactures, distributes, and markets bath and lotion products that contain Diethanolamine (“DEA”), a chemical known to cause cancer. Plaintiff alleges that despite Defendants' knowledge of DEA in its products, Defendant has failed to provide clear and reasonable warnings of its risks in accordance with Health and Safety Code secti...

Excerpt: ... Water and Toxic Enforcement Act of 1986 (also known as “Proposition 65”). Plaintiff alleges that Defendant manufactures, distributes, and markets bath and lotion products that contain Diethanolamine (“DEA”), a chemical known to cause cancer. Plaintiff alleges that despite Defendants' knowledge of DEA in its products, Defendant has failed to provide clear and reasonable warnings of its risks in accordance with Health and Safety Code secti...

Excerpt: ...AC”) filed on April 8, 2019 against Defendants Wells Fargo Bank, N.A. (“Wells Fargo”); Wells Fargo Bank N.A. Home Equity (“Wells Fargo HE”); Wilmington Saving Fund Society, FSB, dba Christiana Trust, Trustee for Broughan Fund I Trust (“Wilmington”); Servis One, Inc. dba BSI Financial Services (“BSI”); and Zieve, Brodnax & Steel LLP (collectively, “Defendants”). The TAC alleges two causes of action: (1) promissory estoppel ag...

Excerpt: ...Dorothy L. Green Revocable 1998 Trust (collectively, “Plaintiffs”) filed the original complaint against Defendants Paula Green (“Paula”) and Dorothy Green (“Dorothy”) (collectively, “Defendants”). The Complaint alleges one cause of action to set aside fraudulent transfers. I. MOTION TO COMPEL APPEARANCES AT DEPOSITION AND PRODUCTION OF DOCUMENTS A. Legal Standard “If, after service of a deposition notice, a party to the action �...

Excerpt: ...ity of Los Angeles (“City”) and Community Redevelopment Agency of Los Angeles (“CRA”) and Real Party-in-Interest CRE- HAR Crossroads SPV, LLC (“Real Party”). The operative pleading is the verified First Amended Petition (“FAP”) filed on February 28, 2019. The FAP assert causes of action for (1) violations of the California Environmental Quality Act (“CEQA”); (2) violations of Planning and Zoning Law (“PZL”) and Community R...

Excerpt: ...ile attempting to serve Defendant, <0044005600030059004400 0003004b004c00560003[automobile and other personal property. EVIDENTIARY OBJECTIONS <004d004800460057004c00 0052004f004f0052005a[s: All objections are SUSTAINED. (Evid. Code § 350.) LEGAL STANDARD 1. Service of Summons on Person Outside California A summons may be served on a person outside California by sending a copy of the summons and of the complaint to the person to be served by fir...

Excerpt: ...rd Hawkes (“Hawkes”), Scott Isaacs (“Isaacs”), Michael Baca (“Baca”), and Richard Lopez (“Lopez”). Plaintiff alleges five causes of action in the First Amended Complaint for (1) violation of Labor Code §1102.5; (2) violation of the Whistleblower Protection Act; (3) wrongful termination in violation of public policy; (4) intentional infliction of emotional distress; and (5) defamation. Plaintiff alleges he reported illegal activit...

Excerpt: ...�) (collectively, “Defendants”) for (1) sex discrimination in violation of FEHA, (2) harassment in violation of FEHA, (3) retaliation for opposing harassment in violation of FEHA, and (4) failure to take all reasonable steps to prevent discrimination and harassment in violation of FEHA. Plaintiff alleges that he was formerly employed by FECU for over ten years and that Vary was his immediate supervisor. Plaintiff alleges that from 2011 until ...

Excerpt: ... Court Case No. RIC512676 (“Underlying Action”). Shtofman alleges that Ivoko owes $334,841.03 in fees and costs pursuant to the retainer agreement. Shtofman asserts causes of action for (1) breach of contract; (2) open book account; (3) fraud; (4) avoidance of fraudulent; and (5) quantum meruit. On April 21, 2017, Ivoko's motion for judgment on the pleadings was granted as to the third cause of action for fraud. On December 5, 2018, this case...

Excerpt: ...& Avedon, LLP (“Bemel Ross & Avedon”); David Beitchman (“Beitchman”); and Beitchman & Zekian, a Professional Law Corporation (“Beitchman & Zekian”). Plaintiffs allege causes of action for (1) professional malpractice; (2) breach of fiduciary duty; (3) professional negligence; (4) conversion; and (5) legal malpractice. Plaintiffs assert the first four causes of action against Avedon and Bemel Ross & Avedon (collectively, “Avedon Defe...

Excerpt: ...endants”) 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 Plaintiff'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, 2014, with a final judgment entered on Augu...

Excerpt: ... into a retainer agreement. Shtofman alleges that Ivoko owes $334,841.03 in fees and costs pursuant to the retainer agreement. Shtofman asserts causes of action for (1) breach of contract; (2) open book account; (3) fraud; (4) avoidance of fraudulent; and (5) quantum meruit. On April 21, 2017, Ivoko's motion for judgment on the pleadings was granted as to the third cause of action for fraud. On December 5, 2018, this case came before a jury and t...

Excerpt: ...res Aguirre (“Dolores”) (collectively, “Defendants” or “Cross Complainants”) for (1) breach of contract, (2) breach of fiduciary duty, (3) conversion, (4) fraud, (5) negligent misrepresentation, (6) unfair business practices, and (7) tortious interference with existing contractual relations. The Complaint alleges in pertinent part as follows. The parties are in the music business. Plaintiff is a concert and tour producer. Defendant Un...

Excerpt: ...the Labor Code, conversion, unfair competition, and disability discrimination. On January 16, 2019, the Court granted Defendant's Motion for Judgment on the Pleadings (“MJOP”) without leave to amend. On February 1, 2019, the Court entered Judgment in favor of Defendant Antonio Diaz (incorrectly sued as Antony Diaz) and dismissed Plaintiff's entire action with prejudice. JUDICIAL NOTICE The Court takes judicial notice of the records and filing...

Excerpt: ...causes of action against all Defendants for (1) misclassification as an independent contractor; (2) declaratory relief; (3) failure to pay wages upon separation; (4) failure to provide itemized wage statements; (5) unfair business practices; (6) failure to pay overtime; (7) failure to provide meal and rest breaks; (8) claim brought under Labor Code § 2699; (9) failure to pay statutory minimum wage; and (10) violation of Labor Code § 212. On Jan...

Excerpt: ...) asserting a single cause of action for declaratory relief. The Complaint alleges in pertinent part as follows. Defendant entered into a written attorney fee agreement with Mohsen Shoamanesh (“Shoamanesh”) to represent him in an action against his former employer. Defendant on behalf of Shoamanesh filed a complaint in Los Angeles Superior Court. After two years of representing Shoamanesh in the action, Defendant abandoned Shoamanesh at a cri...

Excerpt: ...��). Plaintiff alleges four causes of action including (1) perceived and/or physical disability harassment, discrimination, and retaliation in violation of FEHA, (2) harassment, discrimination, and retaliation in violation of CFRA, (3) retaliation and wrongful termination in violation of public policy, and (4) declaratory relief. REQUEST FOR JUDICIAL NOTICE The Court GRANTS Defendants' Request for Judicial Notice. (Evid. Code § 452(d), (h).) EVI...

Excerpt: ...d fair dealing; and (4) fraud. Plaintiff alleges Defendant Boteco, Inc. was the owner of the Deli In Restaurant located at 3456 ½ Wilshire Blvd, Los Angeles, California. Plaintiff alleges that on or about February 21, 2018, Plaintiff and Defendant entered into the written agreement for the purchase and sale of the business known as the Deli In Restaurant. (Complaint ¶13.) Plaintiff alleges that as part of the agreement, Defendants represented t...

Excerpt: ... On March 7, 2019 Plaintiffs allege the following five causes of action in their Second Amended Complaint (“SAC”): (1) violation of the Song Beverly Act- breach of express warranty; (2) violation of the Song Beverly Act- breach of implied warranty; (3) violation of the Song Beverly Act section 1793.2; (4) fraudulent inducement- concealment; and (5) fraudulent inducement- intentional misrepresentation. ANALYSIS <004a0044004f0003005600 0046005c...

Excerpt: ...ir Complaint alleging the following causes of action: (1) breach of implied warranty of habitability; (2) breach of statutory warranty of habitability; (3) breach of covenant of quiet enjoyment; (4) negligence; (5) violation of Civil Code Section 1942.4; and (6) private nuisance. ANALYSIS If a party to whom [interrogatories or requests for admission] are directed fails to serve a timely response. . . [t]he party to whom the [interrogatories or re...

Excerpt: ... Plaintiff alleges (1-3) violations of Cal. Civ. Code §1793.2; (4) breach of express written warranty; (5) breach of the implied warranty of merchantability; and (6) fraud. On April 8, 2019, the Court granted Defendant's motion for judgment on the pleadings as to the sixth cause of action without leave to amend. EVIDENTIARY OBJECTIONS <004c004700480051005700 004800460057004c0052>ns to the Decl. of Gregory Sogoyan as follows: All objections are S...

Excerpt: ...PLC (“LA CITY LAW”), a California corporation, and Hadi Edward Ramsey (“RAMSEY”), collectively referred to as (“Defendants”), on December 4, 2017. Plaintiff alleges she entered into an agreement with Defendants to provide legal representation for the clients of LA CITY LAW in exchange for compensation. Plaintiff alleges the each of the Defendants was the agent, servant, employee, and/or co-conspirator of the other. The causes of actio...

Excerpt: ...ntiff in his sole individual capacity filed the First Amended Complaint (“FAC”) alleging damages for (1) intentional infliction of emotional distress and (2) intentional interference with expectancy of inheritance. Plaintiff's FAC is captioned with a cause of action for negligent infliction of emotional distress, however there are no allegations of such in the actual FAC. Plaintiff alleges his mother, Maryl Lee Abrams, died on July 7, 2018. (...

Excerpt: ...ry. Plaintiff alleges Defendant made a promise without intent to perform and Defendant loaned money at an interest rate in excess of the maximum rate allowable under California law. ANALYSIS <004a0044004f0003005600 0046005c000300520049> the complaint, not the truth of its factual allegations or the plaintiff's ability to prove those allegations. (Picton v. Anderson Union High Sch. Dist. (1996) 50 Cal. App. 4th 726, 732.) The court must treat ...

Excerpt: ...plaint against Defendants Gi & Do Inc.; Kay Kim; Jasmin Padilla; and Chong H. Chung (collectively, “Defendants”) alleging thirteen causes of action including: (1) race/color discrimination; (2) race/color harassment; (3) failure to prevent harassment; (4) retaliation; (5) disability discrimination; (6) failure to provide reasonable accommodations; (7) failure to engage in the interactive process; (8) wrongful termination; (9) intentional infl...

Excerpt: ...Chrysler Jeep Dodge, Inc. (“Alhambra Chrysler”). Plaintiff alleges violations of (1) Civ. Code §1793.2(d); (2) Civ. Code §1793.2(b); (2) Civ. Code §1793.2(a)(3); (4) Civ. Code §1791.2(a) and §1794; and (5) Civ. Code §1791.1 and §1794. The matter came before the Court for jury trial on January 11, 2019. After hearing all the evidence and argument of counsel, the jury found in favor of Plaintiff and against Defendant FCA US, LLC in the a...

Excerpt: ...vil damages pursuant to California Penal Code §496(a); and (4) declaratory relief. On October 30, 2018 Moniz filed a Cross Complaint and on February 5, 2019 Moniz filed a First Amended Cross Complaint (“FAXC”) against Cross Defendants War Party LLC, Fat Chance Productions, Inc., Frank Grillo and Joe Carnahan (“Cross Defendants”). The FAXC alleges twenty causes of action including: (1) failure to pay overtime; (2) waiting time penalties; ...

Excerpt: ... Kwai Wah Chu for (1) breach of written contract- commercial lease, and (2) declaratory relief. The causes of action arise out of Plaintiffs' commercial lease of 2415 S. Sierra Drive, Compton, CA 90220. ANALYSIS Defendant served its form interrogatories, special interrogatories, request for admission and requests for production of documents to Plaintiff on June 22, 2018. (Jhun Decl. ¶5, Exh. 1, 2, 3, 4.) Counsel for Plaintiff indicated that his ...

Excerpt: ...iary duty; (3) conversion; (4) deceit; (5) resulting trust; and (6) accounting. ANALYSIS <004a0044004f0003005600 0046005c000300520049[ the complaint, not the truth of its factual allegations or the plaintiff's ability to prove those allegations. (Picton v. Anderson Union High Sch. Dist. (1996) 50 Cal. App. 4th 726, 732.) The court must treat as true all of the complaint's material factual allegations, but not contentions, deductions or co...