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: ... 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: ...�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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ... 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: ...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: ...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: ...�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...