Excerpt: .... Plaintiffs allege ten 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 L...

Excerpt: ...nd 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 America. Defendants w...

Excerpt: ...leges four causes of action including (1) violation of the Federal Jury Systems Improvement Act; (2) violation of Labor Code §230; (3) violation of Labor Code §1102.5; and (4) wrongful termination in violation of public policy. 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, the court shall order t...

Excerpt: ...y, negligence, and various statutory violations. REQUESTS FOR JUDICIAL NOTICE Plaintiff's RJN is GRANTED. Defendant's RJN is GRANTED. (Cal. Evid. Code §451, 452.) ANALYSIS CCP §1021 recognizes that attorney fees incurred in prosecuting or defending an action may be recovered as costs only when they are otherwise authorized by statute or by the parties' agreement. (Santisas v. Goodin (1998) 17 Cal.4th 599, 607, fn4.) The Legislature enacted this...

Excerpt: ... 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 Defendants”). ANALYSIS On motion of any party who has engaged in a timely exchange of expert ...

Excerpt: ...Twentieth Century Fox Film Corporation (“Fox”). Further Plaintiff's claim arises out of employment related interactions with Defendants Zwissig and Associates, LLC, and Jack Zwissig (collectively “Zwissig Defendants”.) The Court previously sustained the Zwissig Defendants' demurrer to the third and fourth causes of action to the Complaint. Plaintiff filed a First Amended Complaint (“FAC”) on May 24, 2018. Plaintiff alleges the followi...

Excerpt: ...ual” published by Defendant and provided to its authorized repair facilities, within the State of California, for the period of January 1, 2012 to present. 2. Defendant shall produce any internal analysis or investigation regarding excessive oil consumption, oil leaks, oil loss error message, defects causing a burnt oil smell, drivetrain malfunction errors, defects causing smoke emissions or causing the vehicle to shake while operating, fuel ta...

Excerpt: ...or loss of use damages and damages for the diminution of value of the Bentley. Plaintiff seeks $50,000 in compensatory damages, $100,000 in consequential damages and $500,000 in punitive damages plus costs and attorney's fees. 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 Union High Sch. Dist. (1996...

Excerpt: ...Plaintiffs”) allege that Defendants illegally searched their home and vehicles without a warrant on March 5, 2015; submitted falsified and illegally obtained evidence for the purpose of obtaining a search warrant on March 20, 2015; and wrongfully detained Plaintiffs without probable cause, and searched their home on March 24, 2015. Plaintiffs were subsequently transported to Burbank Jail. Plaintiffs allege that Defendants illegally seized Plain...

Excerpt: ...IS 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 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 conclusions of fact or law. (Id. at 732–33.) The complaint is to be construed li...

Excerpt: ...ichardson. On June 29, 1970 James and Margaret Richardson received title to 1828 W.85 th St., Los Angeles 90047 (“the Property”). Plaintiff alleges that due to a marriage dissolution, on August 27, 1984 Margaret Richardson transferred her interest to James Richardson via quit claim deed. James Richardson passed away without testamentary instruments on May 21, 1999 and Defendant commenced a probate case. (BP056981). Plaintiff alleges he is ent...

Excerpt: ...Angeles, California 90036. Around July 1, 2012 Plaintiff and Defendant entered into a written Outdoor Sign Lease (“the Lease”) for a billboard at the premises. The lease explicitly called for a $3,000 per month rental. (Complaint Exh. A.) The Lease provided that effective January 1, 2016, Plaintiff's tenancy at the premises would become a month to month tenancy. Plaintiff contends the parties had not agreed to a different amount of rent, and ...

Excerpt: ...ON AND REQUEST FOR SANCTIONS BACKGROUND The complaint in this action was filed by Plaintiff Haggins Construction Corporation (“Plaintiff”) on December 9, 2016, alleging (1) Breach of Oral Contract; (2) Quantum Merit; (3) Foreclosure of Mechanic's Lien. (Pl.'s Compl.) Defendants Ahmad Keliddari, Sam Sadat, and Rad-Zin Investment (“Defendants”) filed a cross-complaint on May 3, 2017 alleging (1) Breach of contract; (2) Negligence; (3) Fraud...

Excerpt: ...eier an express written limited warranty; the vehicle had defects covered by the express written limited warranty that substantially impaired the vehicle's use, value or safety to a reasonable buyer, etc. (See Judgment on the Jury Verdict 6/21/18). The jury found total damages of $39,584.43, and the jury imposed $59,376.65 as a penalty (Judgment on Jury Verdict ¶9). In total the jury awarded Plaintiff $98,961.08 from Defendant with interest. ANA...

Excerpt: ...th of settlement, such as this, need not contain a full and complete discussion of the Tech-Bilt factors by declaration or affidavit; rather, a bare bones motion setting forth the ground of good faith and a declaration containing a brief background of the case is sufficient. (City of Grand Terrace v. Superior Court (1987) 192 Cal. App. 3d 1251, 1261; see Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal. 3d 488.) As this application fo...

Excerpt: ...efendant Glendale City Employees Association, Inc. (“Defendant”). Plaintiff alleges that Defendant moved her to a basement and that she suffered a nervous breakdown as a result of the working conditions. Defendant alleges she was discriminated against for having a disability and terminated as a result. In the Complaint (“Complaint”), Plaintiffs assert causes of action for retaliation; discrimination; failure to accommodate disability; fai...

Excerpt: ...y move for an order compelling the deponent's attendance and testimony. . . .” (CCP § 2025.450(a).) “The motion shall be accompanied by a meet and confer declaration under Section 2016.040, or, when the deponent fails to attend the deposition. . . by a declaration stating that the petitioner has contacted the deponent to inquire about the <0044000300470048005300 004c004f005600030057>o answer any question or to produce any document, elect...

Excerpt: ...s of action including (1) sexual harassment; (2) retaliation; (3) sexual discrimination; (4) failure to prevent sexual harassment; (5) constructive wrongful termination and retaliation in violation of public policy; (6) intentional infliction of emotional distress; (7) negligent infliction of emotional distress; (8) negligent hiring, retention and supervision; (9) breach of contract; (10) fraudulent misrepresentation; (11) services rendered and (...

Excerpt: ... Moro and Stan Lindenfeld, individually and derivatively on behalf of Trustifi Inc., a Canada Corporation (collectively, “Plaintiffs”). Plaintiffs are minority shareholders in Trustifi Canada. (Complaint ¶18.) Plaintiffs allege eight causes of action: (1) breach of fiduciary duty; (2) conversion; (3) unjust enrichment; (4) professional negligence; (5) breach of duty to minority shareholders; (6) fraud; (7) fraudulent transfer; and (8) declar...

Excerpt: ...ses of action including: 1) Gender Discrimination in violation of FEHA; 2) Racial Discrimination in Violation of FEHA; 3) Harassment in Violation of FEHA; 4) Retaliation in Violation of FEHA; 5) Failure to Prevent Discrimination in Violation of FEHA; 6) Intentional Infliction of Emotional Distress; 7) Declaratory Relief; and 8) Injunctive Relief. Plaintiff requests punitive damages for causes of action 1-4 and 6. (Complaint ¶¶ 31, 47, 59, 69 an...

Excerpt: ...This complaint arises from a dispute between Plaintiff David Shaker (“Shaker”), and Defendants 1897 W Jefferson LLC (“Jefferson LLC”), Samantha Singleton (“Samantha Singleton”) and Jeffrey Siegel (“Siegel”), regarding the real property known as 3114-3126 S. Andrews Place and 1885-1899 Jefferson Blvd., Los Angeles, CA 90018 (“the Property”). Mr. Rollin Singleton acquired title to the Property May 11, 1982. Lolita Singleton, his...

Excerpt: ... Liao; and Anand Vashi (collectively “Defendants”) to construct a restaurant/bar known as Seoul Sausage Co. Plaintiff alleges nine causes of action including (1) breach of written contract; (2) work, labor, and services performed; (3) claim and delivery; (4) foreclosure of personal property security; (5) injunction; (6-9) breaches of written guarantee agreement. ANALYSIS “If parties to pending litigation stipulate, in a writing signed by th...

Excerpt: ...efendants”). Plaintiff alleges excessive and inaccurate billing and defective planning, scheduling and construction in breach of the home improvement contract. Plaintiff alleges six causes of action: (1) breach of contract; (2) fraud; (3) violations of Cal. Bus & Professions Code §7031 and §7059; (4) negligence against McCauley Defendants; (5) breach of contract; and (6) negligence against Defendants Jefferson Schierbeek, Addison Schierbeek A...

Excerpt: ...s specialty-shower doors on or around September 2014 for installation of the Mayfair Hotel. Plaintiff alleges the doors malfunctioned and caused injuries to their guests. Plaintiff alleges ten causes of action: (1) breach of contract; (2) breach of express warranty; (3) breach of implied warranty of merchantability; (4) breach of covenant of good faith and fair dealing; (5) negligence; (6) negligent misrepresentation; (7) unfair business practice...

Excerpt: ...ng, Inc. (“SPS”) and the Bank of New York Mellon (“BNYM”)(collectively, “Defendants”) committed violations of the Homeowner Bill of Rights during the loan modification process. Plaintiff Craft is alleged to be the manager and sole owner of Plaintiff Candela, LLC (“Candela”). Plaintiff alleges four causes of action in the First Amended Complaint (“FAC”) including (1) violation of California Homeowner Bill of Rights (“HBOR”)...