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: ... 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: ...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: ...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: ...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: ...�) (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: ...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: ...& 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: ... 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: ...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: ...) 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: ...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: ...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: ...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: ...��). 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...