Excerpt: ...d 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 ...

Excerpt: ...on including (1) breach of oral contract; (2) conversion; (3) civil 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 incl...

Excerpt: ...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. REQUEST FOR JUDICIAL NOTICE The Court GRANTS Plaintiff's request for judicial notice. (Cal. Evid. Code §451-453.) ANALYSIS “If, after service of a deposition notice, a par...

Excerpt: ... (1) discrimination in violation of FEHA; (2) retaliation in violation of FEHA; (3) failure to prevent discrimination and retaliation; and (4) wrongful termination in violation of public policy. Plaintiff alleges that after his worker's compensation claim closed following settlement, he was terminated. (Complaint ¶¶18-21.) ANALYSIS On receipt of a response to interrogatories, the propounding party may move for an order compelling a further resp...

Excerpt: ... amended complaint (“4AC”) against Defendants Marina Strand Colony #1; Marina Strand Colony #1 Board of Governors; Marina Strand Colony #1 Architectural Committee; Luzelba Mansour; Zacky Mansour; Fidelity National Title Company, (collectively, “Defendants”). Plaintiffs allege ten causes of action including (1) breach of covenants, conditions and restrictions; (2) abatement of private nuisance and damages; (3) trespass to land; (4) neglige...

Excerpt: ...ty Systems GP, Inc.; Allied Universal Security Services; Alliedbarton Security Services LP; Allied Barton Security Services LLC; ABM Security Services, Inc.; Allied Security Holdings LLC; and ABM Industries Incorporated (collectively, “Defendants”.) Plaintiff alleges seventeen causes of action including: (1) failure to provide meal breaks; (2) failure to provide rest breaks; (3) failure to pay wages; (4) failure to pay overtime; (5) failure t...

Excerpt: ...efendants”) 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 infliction of emotional distress; (10) whistleblower retaliation; (11) pregnancy discrimination; (12) failu...

Excerpt: ... promise; (4) quantum meruit; (5) unjust enrichment; and (6) declaratory relief. Rueda is the plaintiff in an action (LASC case no. BC611486) (“Underlying Action”) in which he seeks adjudication of his claim to a finder's fee arising out of the May 2, 2015 boxing match between Floyd Mayweather and Manny Pacquiao. In the Underlying Action, Rueda alleges that he introduced CBS Network President, Leslie Moonves, and Pacquiao's trainer, Freddie R...

Excerpt: ...s Paula Green and Dorothy Green (collectively, “Defendants”). The Complaint alleges one cause of action to set aside fraudulent transfers. <0059004800550055005800 00510047004400510057>s' demurrer and denied Defendants' motion to strike. ANALYSIS “(b) By presenting to the court, whether by signing, filing, submitting, or later advocating, a pleading, petition, written notice of motion, or other similar paper, an attorney or unrepresented par...

Excerpt: ...endant”). Plaintiff alleges the following causes of action (1) breach of warranty of habitability (violation of Civil Code §1941.1); (2) breach of warranty of habitability (Health & Safety Code §17920.3); (3) breach of warranty of habitability (violation of Civil Code §1942.4); (4) negligence- premises liability; (5) nuisance; (6) intentional infliction of emotional distress; (7) breach of contract; and (8) breach of covenant of quiet enjoym...

Excerpt: ...dant Qualify Loan Service 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 m...

Excerpt: ...“Skrillex”) at the Belasco Theater. Plaintiff alleges that Skrillex jumped from the performance stage and into the crowd, striking Plaintiff and causing injuries and damages, including a stroke. Plaintiff asserts <00480046004e004f004800 004a0044004c00510056[t Defendants Moore and Lost Boys Touring, Inc. (“Moore Defendants”); and Defendants Belasco Entertainment Theater, Inc., and Belasco Unlimited Corporation (“Belasco”). The action c...

Excerpt: ...vidually and derivatively on behalf 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 ...

Excerpt: ...rd and debit card transaction systems at its stations. Plaintiff alleges that although various defendant banks approved certain credit card and debit card transactions, the defendant banks ultimately failed to transfer the approved amounts to Plaintiff. On July 31, 2017, Defendants Citibank, N.A. (“Citibank”); JPMorgan Chase Bank, N.A., erroneously sued as JPMorgan Chase (“Chase”); Banc of America Merchant Services, LLC (“BAMS”); and ...

Excerpt: ... in violation of public policy; (2) sexual harassment; (3) discrimination based on sex; (4) retaliation; (5) failure to take all reasonable steps to prevent harassment, discrimination and retaliation; and (6) intentional infliction of emotional distress. ANALYSIS “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...

Excerpt: ...�Defendants”). Plaintiff alleges (1) PAGA; (2) failure to pay wages; (3) failure to produce payroll and personnel files; and (4) unfair competition law. ANALYSIS The moving party on a motion to compel further responses to requests for production of documents (RFPs) must submit “specific facts showing good cause justifying the discovery sought by the inspection demand.” (CCP § 2031.310(b)(1).) If the moving party has shown good cause for th...

Excerpt: ... treat as true all of the complaint's material factual allegations, but not contentions, deductions or conclusions of fact or law. (Id. at 732–33.) The complaint is to be construed liberally to determine whether a cause of action has been stated. (Id. at 733.) Plaintiff has the burden to plead and prove administrative exhaustion or exceptions thereto. (Holland v. Union Pacific R. Co. (2007) 154 Cal.App.4th 940, 945.) In order to bring a cla...

Excerpt: ...man and T.D. Service Company (collectively, “Defendants”). The causes of action include: (1) wrongful foreclosure; (2) to set aside trustee sale; (3) to void or cancel trustee's deed upon sale; (4) for unjust enrichment; and (5) to quiet title. ANALYSIS It is a misuse of the discovery process to fail “to respond or to submit to an authorized method of discovery,” (CCP § 2023.010(d)) or to disobey “a court order to provide discovery.”...

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...

Excerpt: .... 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 On receipt of a response to interrogatories, the propounding party may move for an order compelling a...

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: ...hilip Cogen M.D. (“Cogen”), 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 suffer...

Excerpt: ... Company (U.S.) Inc.; Alterra America Insurance Company; Endurance American Insurance Company; Freedom Specialty Insurance Company; RSUI Indemnity Company; and Starr Indemnity & Liability Company for the following causes of action: (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 filed a Cross Complaint ...