Excerpt: ...P (“Rechnitz Citrus”); Citrus Wellness Center, LLC (“Citrus”); and Driftwood Healthcare & Wellness Center, LLC (“Driftwood”) (collectively, “Defendants”) on September 18, 2019. The operative pleading is the First Amended Complaint (“FAC”) filed on October 15, 2019. The FAC asserts causes of action for (1) elder abuse and (2) negligent hiring and supervision. The FAC alleges in pertinent part as follows. Shirley, at the age of ...

Excerpt: ...nd 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”); 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 (“Lu...

Excerpt: ...rnational Corp (“Inesa”); Feilo International Trade Co., Ltd. (“Feilo”); and Kenneth Bruce Shaevel (“Shaevel”) (collectively, “Defendants”) on September 18, 2018. The operative pleading is the First Amended Complaint (“FAC”) filed on March 8, 2019. The FAC asserts causes of action for (1) wrongful termination in violation of public policy, (2) breach of contract, (3) retaliation, and (4) violation of the UCL. The FAC alleges i...

Excerpt: ...a Lopez (“Ana”) individually and 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 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...

Excerpt: ...ch 18, 2019. The Complaint asserts causes of action for (1) unlawful business practices, (2) failure to pay overtime wages, (3) failure to provide rest periods, (4) waiting time penalties, (5) violation of Labor Code section 226, and (6) conversion. Plaintiff alleges that she was employed by Defendants as a ticketing agent between 2016 and 2018. Plaintiff alleges that Defendants violated several labor laws during the course of her employment. LEG...

Excerpt: ...File to Establish Jurisdiction over Uninsured/Underinsured Motorist Arbitration Matters pursuant to Insurance Code Section 11580.2(f) (“Petition”) against Respondent Jehan Zeb Mir (“Respondent”). In the Petition, Petitioner alleges that it issued an automobile insurance policy to Respondent which included uninsured/underinsured motorist coverage. Petitioner alleges that Respondent made a claim for uninsured/underinsured motorist arbitrati...

Excerpt: ...South Figueroa Street Apartments Investors LLC (“Figueroa Apartments”) on March 12, 2018. The operative pleading is the First Amended Complaint (“FAC”) filed on May 7, 2019. The FAC asserts causes of action for (1) breach of warranty of habitability (violation of Civil Code section 1941.1); (2) breach of warranty of habitability (violation of Health & Safety Code section 17920.3); (3) breach of warranty of habitability (violation of Civil...

Excerpt: ...AG Architects, Inc. (“JAG”) on June 1, 2018. The Complaint asserts a single cause of action for professional negligence. The Complaint alleges in pertinent part as follows. Plaintiffs retained JAG to perform architectural services for a project known as the Washington View Apartments (“Project”). JAG was responsible for determining all zoning issues relating to the Project. These responsibilities included the creation of a “density matr...

Excerpt: ...n for (1) elder abuse and (2) negligent hiring and supervision. Plaintiff alleges that, as a result of Defendants' negligence, she suffered a fall at Corona's skilled nursing facility and fractured her right hip. LEGAL STANDARD CCP section 36 gives certain litigants priority in the disposition of their cases. (Landry v. Berryessa Union School Dist. (1995) 39 Cal.App.4th 691, 696.) As relevant here, CCP section 36(d) provides for discretionary gra...

Excerpt: ...�), Tri-Tech Restoration (“Tri-Tech”), and Voge Inc. (“Voge”) on May 22, 2019. The operative pleading is the “Second Amendment to Complaint” (“SAC”) filed on August 1, 2019. The SAC appears to assert causes of action for negligence and fraud arising from home renovation. LEGAL STANDARD A demurrer challenges only the legal sufficiency of the complaint, not the truth of its factual allegations or the plaintiff's ability to prove tho...

Excerpt: ... December 5, 2018. The Complaint asserts causes of action for (1) breach of joint venture contract – oral; (2) breach of fiduciary duty; (3) conversion; (4) deceit; (5) resulting trust; and (6) accounting. The Complaint alleges in pertinent part as follows. In 2013, the parties entered into an oral joint venture agreement through which they agreed to jointly purchase, develop, and sell for profit certain real property located in Southern Califo...

Excerpt: ...f an underlying case Shahideh Khodadi v. Poopak Khosrowshahi et. al., LASC No. BC671233. On January 18, 2019, the Court denied Defendant's special motion to strike pursuant to CCP §425.16. ANALYSIS Pursuant to CCP §1008(a), “When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after servi...

Excerpt: ...operty 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) negligence; (6) violation of the Rosenthal Fair Debt Collection Pr...

Excerpt: ...�Defendants”). Plaintiff alleges the following causes of action: (1) breach of fiduciary duty; (2) breach of employment contract; (3) breach of implied covenant of good faith and fair dealing; (4) inducing breach of contract; (5) tortious interference with contractual relations; (6) tortious interference with prospective economic advantage; and (7) quantum meruit. ANALYSIS <004a0044004f0003005600 0046005c000300520049[ the complaint, not the tru...

Excerpt: ... 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 infliction of emotional distress; (10) whistleblower retaliation; (11) pregnancy discrimination; (12) failure to pay all wages up...

Excerpt: ...f of Trustifi Inc., a Canada Corporation (collectively, “Plaintiffs”). Plaintiffs are minority shareholders in Trustifi Canada. Plaintiffs filed their First Amended Complaint on January 2, 2019 alleging twenty three causes of action, derivatively and individually on behalf of Trustifi Inc., a Canada Corporation, and Trustifi Corporation, a Nevada Corporation. The causes of action are as follows: (1-2) breach of contract; (3-4) fraud; (5) inte...

Excerpt: ...o work as a machine operator for Defendants and was wrongfully terminated on August 25, 2016. The causes of action alleged are (1) failure to pay wages; (2) failure to pay minimum wages; (3) failure to pay overtime; (4) failure to provide meal and rest periods; (5) failure to provide itemized wage and hour statements; (6) waiting time penalties; (7) private attorney general act; (8) unfair competition; and (9) conversion. ANALYSIS Plaintiff Maria...

Excerpt: ...d former supervisors Larry Pope, Richard Hawkes, Scott Isaacs, Michael Baca, and Richard Lopez (collectively, “Defendants”). Plaintiff alleges five causes of action in the First Amended Complaint including (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; (5) defamation; and (6) demand for a jury tri...

Excerpt: ... causes of action against Defendants Walgreen's Corporation (“Defendant”) and Sean Anderson (“Anderson”), a store employee, for (1) negligence; (2) negligent hiring/retention/supervision/training; (3) assault; and (4) battery. ANALYSIS CCP §2025.230 provides, “If the deponent named is not a natural person, the deposition notice shall describe with reasonable particularity the matters on which examination is requested. In that event, th...

Excerpt: ...eeking civil penalties and injunctive relief pursuant to Health & Safety Code §25249.5 et. seq. (also known as “Proposition 65”). ANALYSIS Plaintiff SHEFA LMV, INC. (“Plaintiff”) requests that the Court approve the proposed Stipulated Settlement between the parties pursuant to Proposition 65 and Health & Safety Code § <000c000300530055005200 59004c004700480056001d> If there is a settlement of an action brought by a person in the public ...

Excerpt: ...ODUCTION OF DOCUMENTS, SET ONE NOS. 8, 11, 12, 19, 23, 24, 26, 27, 31, 32, 34, 47, 51, 54, 66, 68, 81-83, 85-95 Defendant's Motion for Relief from Waiver CCP §2031.300 provides, “If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it, the following rules shall apply: (a) The party to whom the demand for inspection, copying, testing, or sampling is directed waives any objecti...

Excerpt: ...ng as a “certified battery service patrol man,” he was exposed to toxic chemicals and developed various ailments, including Pulmonary Fibrosis. (FAC ¶¶ 12– 13.) Plaintiff Howard asserts causes of action for (1) negligence, (2) strict liability – failure to warn, and (3) strict liability – design defect. Plaintiff Manuela asserts a cause of action for (6) loss of consortium. ANALYSIS Any party, within the time allowed to respond to a p...

Excerpt: ...due to injuries sustained in a vehicular accident. Plaintiff alleges that during various time periods between October 6, 2015 and April 13, 2016, Defendants Los Angeles County dba LAC+USC Medical Center (“County”); Southern California Specialty Care, Inc. dba Kindred Hospital-San Gabriel Valley (“SCSC”); Baldwin Park Congregate Home, Inc. (“BPCH”); and AHMC Greater El Monte Hospital, L.P. (“AHMC”) undertook the care and treatment ...

Excerpt: ...Green and Dorothy Green (collectively, “Defendants”). The Complaint alleges one cause of action to set aside fraudulent transfers. REQUEST FOR JUDICIAL NOTICE The Court GRANTS Plaintiffs Request for Judicial Notice. (Cal. Evid. Code §§451-453.) ANALYSIS 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 allegations. (Picton v. Anderson Uni...

Excerpt: ...aims arise out of a purchase agreement for a home located at 1661 S. Bedford St. Los Angeles. The causes of action are: (1) breach of contract against the Pouravrahims; (2) fraud against all Defendants; (3) cancellation of a forged deed; and (4) declaratory relief against the Pouravrahims. ANALYSIS “‘Vexatious litigant' means a person who does any of the following: (1) In the immediately preceding seven-year period has commenced, prosecuted, ...

Excerpt: ...plan, Melanie Kaplan, and Don Kaplan (collectively, “Defendants”) arising out of a limited partnership known as WC2. The following causes of action are alleged: (1) breach of contract; (2) unjust enrichment; (3) breach of fiduciary duty; (4) fraud; (5) conversion; (6) dissolution of business ventures; and (7) accounting. ANALYSIS An attorney seeking to represent an adversary of the attorney's former client must obtain “informed written cons...

Excerpt: ...es two causes of action against Defendant Los Angeles County Department of Health Services (“Defendant”) including (1) elder abuse and (2) wrongful death. On August 27, 2018, Plaintiff filed a Doe Amendment replacing Doe 1 with Southern California Healthcare System Inc. dba Southern California Hospital at Culver City. The First Amended Complaint was filed on October 15, 2018. ANALYSIS Any party, within the time allowed to respond to a pleadin...

Excerpt: ...gen”), the County of Los Angeles (“the County”), the Los Angeles Sheriff's Department (“Sheriff”), Leroy Baca (“Baca”), and Pfizer, Inc. (“Pfizer”). Plaintiff alleges that in or around September 2013 he was prescribed by Cogen a smoking cessation medication identified as CHANTIX (varenicline) which is distributed, advertised, and marketed by Pfizer. Plaintiff alleges on or around January 2, 2014, he suffered a severe psychotic b...

Excerpt: ... basis of his age, race, national origin, ancestry, and protected activity. On September 25, 2018, Plaintiff Eliseo Espinosa Zazueta (“Plaintiff”) filed a complaint against Defendants Avibank MFG., Inc.; Precision Castparts Corp.; Vartan Isagolian; and Does 2 through 20 for (1) discrimination in violation of Gov't Code §§ 12940 et seq.; (2) harassment in violation of Gov't Code §§ 12940 et seq.; (3) retaliation in violation of Gov't Code ...

Excerpt: ...Remi M. (“Plaintiff”) brings suit against Defendants White Memorial Medical Center (“WMMC”), a hospital, and Adventist Health, the hospital's owner and operator. Plaintiff alleges that, while detained at the hospital for one week in December 2016, she was sexually assaulted twice by patients in the hospital's mental health unit. Plaintiff alleges that Defendants failed to protect her and, despite being made aware of the sexual assaults, d...

Excerpt: ...on: 1. Elder Abuse/Neglect 2. Elder Abuse/Financial 3. Negligence 4. Violation of Residents' Rights 5. Wrongful Death Defendants now move the court to compel arbitration. DISCUSSION Legal Standard CCP section 1281.2 permits a party to file a petition to request that the Court order the parties to arbitrate a controversy. CCP section 1281.2 permits a party to file a motion to request that the Court order the parties to arbitrate a controversy. Und...

Excerpt: ...ff alleges she has a health plan through Health Net, and that Health Net delegated to CFC, who in turn delegated to Conifer, the duty to authorize treatment or approve referrals to specialists. Plaintiff alleges that, despite clear evidence that Plaintiff needed surgery, Defendants repeatedly denied her requests to obtain the consultations or tests she needed, and required her to report to facilities and hospitals which Defendants knew could not ...

Excerpt: ...nd Does 1-25 for (1) fraud; (2) conversion; (3) intentional infliction of emotional distress; (4) elder abuse; (5) alienation of affection; (6) kidnapping; and (7) interference of family contact. <0048005a00030044005100 0003000b00460052004f[lectively “Defendants”) filed the instant demurrer to complaint and motion to strike. No opposition has been filed. DISCUSSION Demurrer A demurrer challenges only the legal sufficiency of the complaint, no...

Excerpt: ... composer, against Defendants The Pullman Group, LLC; Wertheim, LLC; David Pullman; and Broadcast Music, Inc. (collectively “Defendants”) for (2) 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 was awarded ownership of Plaintiff's past and future royalties and attorney fees of $67,866.13. On October 3, 2013, Def...

Excerpt: ...good faith and fair dealing; and (3) negligence. On August 30, 2018, default was entered as against Defendant Roy Yerushalmi aka Roi Yerushalmi, an individual and d/b/a SoCal Contractor and d/b/a/ So Cal Contractor. On January 22, 2018, Defendant filed the instant motion to vacate the entry of default. DISCUSSION “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, ...

Excerpt: ...L LUPERICO 5) MOTION TO STRIKE BY DEFENDANTS ROBERT GUERRERO AND JORGE CEJA BACKGROUND This action arises out a high-voltage-electrocution accident that occurred on January 30, 2018. Brothers Juan Figueroa and Marcos Figueroa, while using a boom lift to trim an overgrown tree, contacted a high-voltage line. Juan caught fire and died from his injuries. Marcos, after attempting to put out the fire, jumped twenty feet to a rooftop below. He sustaine...

Excerpt: ...legal malpractice, (2) breach of fiduciary duty, (3) breach of contract, and (4) misrepresentation against Defendant Carrie Foglesong (“Defendant”) for her alleged legal malpractice committed in her representation of Plaintiff in the criminal matter of People v. Tarkington. Defendant answered the FAC on December 18, 2018. DISCUSSION “Any party may obtain discovery… by taking in California the oral deposition of any person, including any p...

Excerpt: ... On November 8, 2018 Plaintiffs allege the following five causes of action in their First Amended Complaint (“FAC”): (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 A demurrer challenges only the...

Excerpt: ...ervice 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; (...

Excerpt: ...endant” or “the City”.) Plaintiffs allege three causes of action including: (1) declaration relief including injunctive relief in support of declaratory relief; (2) violation of California Civil Code §52.1; and (3) preliminary and permanent injunctive relief CC §52.1. A notice of Related Case was filed by Plaintiff on 2/7/19 for this case to be deemed related to BC552019, BC558633, BC606861, BC607613, and BC610250. REQUEST FOR JUDICIAL NO...

Excerpt: ...nda of America Manufacturing, Inc.; Honda R&D Co., Ltd; Honda R&D Americas, Inc.; Honda Research Institute Japan Co., Ltd; Honda Research Institute USA, Inc.; Honda Engineering North America, Inc.; Honda Engineering Co. Ltd; Yokohama Tire Corporation of America; Yokohama Corporation of North America; Yokohama Rubber Company; and Does 1-100. Plaintiffs subsequently Doed in Yokohama Corporation of America, The Yokohama Rubber Co., Ltd., Diamond Hon...

Excerpt: ... Inc., Federal National Mortgage Association; and Cal Western Reconveyance Inc. on July 26, 2018. The Complaint alleges that plaintiff is an owner of the premises located at 450 Filson Ave. Riverside, CA 92507 (“Property”) and Plaintiff borrowed $338,040.00 at an adjustable rate. On or around November 2009 Plaintiff defaulted on the mortgage. On October 29, 2018, the Court sustained Defendants' demurrer with leave to amend. On November 30, 20...

Excerpt: ...”) based on an alleged commercial written lease agreement and alleges (1) breach of contract; and (2) damages for breach of contract (California Civil Code §1951.2.) <0003004400030026005500 004f0044004c00510057> (“XC”) for (1) intentional misrepresentation and (2) negligent misrepresentation against Cross Defendant West Valley Owner LLC. ANALYSIS “If, after service of a deposition notice, a party to the action. . . without having served ...

Excerpt: ...sued as Manny Roe). Plaintiff alleges five causes of action including (1) sexual battery; (2) Civ. Cod §§51.7 and 52; (3) Civ. Code §§51.9 and 52; (4) battery; and (5) negligence. Plaintiff alleges that during her driving test at the DMV in San Pedro, the Defendant Manny Roe sexually battered Plaintiff, physical threated her and verbally harassed her. ANALYSIS The moving party on a motion to compel further responses to requests for production...

Excerpt: ...�Plaintiffs”) are the owners of a single family residence located at 8931 St. Ives Drive, Los Angeles, CA (“the Property”). Plaintiffs filed their Second Amended Complaint on or about March 12, 2018 stating causes of action for (1) strict liability; (2-3) negligence; (4) breach of the implied warranty of fitness; (5) fraud; (6) negligence misrepresentation; (7) breach of contract; (8) breach of the implied covenant of good faith and fair de...

Excerpt: ...tum”) and All-Ways Forwarding Int'l Inc. (“All Ways”), on March 16, 2018. Plaintiff alleges the following causes of action: (1) discrimination; (2) retaliation; (3) failure to prevent discrimination and retaliation; (4) failure to provide reasonable accommodations; (5) failure to engage in a good faith interactive process; (6) wrongful termination in violation of public policy; (7) declaratory judgment; (8) failure to pay wages; (9) failure...

Excerpt: ...ion arising out of a loan agreement in which Plaintiff transferred 9,200,000 RMB or approximately $1,460,317 USD to Defendants. Plaintiff alleges the Defendants were agents, servants, employees, partners, joint venturers or sureties of the other Defendants. (Complaint ¶10.) The causes of action are: (1) recognition and entry of domestic judgment on foreign money judgment; (2) breach of written contract; (3) breach of oral contract; (4) common co...

Excerpt: ...l District; Micah Ali, Satra Zurita; Margie Garrett, Charles Davis, Alma Pleasant, Sandra Moss and Mae Thomas, in their official capacities as members of the Board of Trustees of Compton Unified School District; William Wu, in his official capacity as the chief of police for the Compton Unified School District police department (collectively, “Defendants”). Plaintiff alleged (1) discrimination in violation of the Fair Employment and Housing A...

Excerpt: ...ations under the Song Beverly 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).) CCP §203...

Excerpt: ...“Regents”) and former supervisors Larry Pope, Richard Hawkes, Scott Isaacs, Michael Baca, and Richard Lopez (collectively, “Defendants”). Plaintiff alleges five causes of action in the First Amended Complaint including (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; (5) defamation; and (6) dema...