Excerpt: ...crimination; unlawful collection of excess rent; failure to pay interest on security deposit; unlawful eviction; failure to pay relocation fees; tenant harassment; retaliatory eviction; failure to return security deposit; breach of the implied covenant of quiet enjoyment; assault; intentional infliction of emotional distress; negligent infliction of emotional distress; breach of the implied warranty of habitability; and nuisance. Plaintiff allege...

Excerpt: ...store. Plaintiff asserts causes of action against Defendants Walgreen's Corporation (“Walgreen”) and Sean Anderson (“Anderson”), a store employee, for (1) negligence; (2) negligent hiring/retention/supervision/training; (3) assault; and (4) battery. DISCUSSION Courts have compelled parties to sign authorizations for release of medical records. (Coats v. K-Mart Corporation (1989) 215 Cal.App.3d 961, 965; Miranda v. 21st Century Insurance C...

Excerpt: ... Loans Servicing, LP, fka Countrywide Home Loans Servicing, LP and successor by April 27, 2009 de jure merger with Countrywide Bank, FSB (“BANA”); Countrywide Home Loans, Inc. (“Countrywide”); and PRLAP, Inc. (“PRLAP”). On August 24, 2016, Bank of America assigned its beneficial interest under the Deed of Trust to Citibank, N.A. solely as Trustee of NRZ Passthrough Trust VI, recording an assignment of deed of trust on September 14, 20...

Excerpt: ...018. The Complaint alleges nine causes of action for violations of the Labor Code, the Investigative Consumer Reporting Agencies Act and Business and Professions Code §17200. DISCUSSION A defendant may serve and file a notice of motion to quash service of summons on the ground of lack of personal jurisdiction of the Court over him or her. (CCP §418.10(a).) “When a defendant challenges the Court's personal jurisdiction on the ground of imp...

Excerpt: ...Home Warranty Corp. (“Defendants”) on February 14, 2018. The case involves real property located at 6127 N. Hanlin Avenue, Azusa, California (“the Property”). After Plaintiff purchased the property in July of 2016, an electrical fire broke out at the Property on or about February 10, 2017. (Complaint ¶14.) Plaintiff alleges that the Seller and its broker failed to disclose certain defects in the Property. (Complaint ¶13, 14, 16, 17-19.)...

Excerpt: ...es four causes of action: (1) legal malpractice; (2) negligent misrepresentation; (3) fraud; and (4) breach of fiduciary duty. REQUEST FOR JUDICIAL NOTICE The Defendant's Request for Judicial Notice (“RJN”) is GRANTED. (Cal. Evid. Code §452, 453.) DISCUSSION 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...

Excerpt: ...�� (Code Civ. Proc., § 664.6.) Plaintiff Michael Kim (“Plaintiff”) moves for entry of judgment pursuant to the terms of the Settlement and Release Agreement (“Settlement Agreement”) and Stipulation for Entry of Judgment (“Stipulation”) between Plaintiff and Defendants David Park, Dana Park, Park Wilshire Realty, Inc. and J Development LLC (collectively “Defendants”). Pursuant to the Settlement and Release Agreement, Defendants wo...

Excerpt: ... he is the president and sole member of Plaintiff Modern VideoFilm Holdings, LLC (“Holdings”), which holds all of MVF's shares. Barkat alleges that Defendants Medley and Charles Sweet caused Barkat's termination from MVF, and that Medley exercised excessive control and dominations over the operations of MVF that ultimately led to MVF's demise. Plaintiffs SAC assert causes of action for (1) breach of employment contract; (2) intentional (3) in...

Excerpt: ... (2) breach of contract. On November 30, 2017, Defendant/Cross-Complainant Ryan Ballinger (“Cross- Complainant”) filed a Cross-Complaint (“CC”) against Plaintiff/Cross-Defendant David Lyons and Cross-Defendants LB4LB, LLC (“Cross-Defendant”) and Roes 1-10 for (1) breach of contract; (2) breach of fiduciary duty; and (3) accounting. On March 16, 2018, Cross-Defendant filed the instant demurrer to Cross-Complaint. Cross-Complainant file...

Excerpt: ...tsego St., North Hollywood, CA 91601 (“the Property”). The action arises out of Plaintiff's default of a $500,000 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 Practices Act; (7) violation of California Civil Code �...

Excerpt: ...causes of action: (1) breach of contract; (2) retaliation; (3) failure to accommodate; (4) failure to engage in good faith interactive process; (5) wrongful termination; (6) intentional infliction of emotional distress; and (7) tortious interference with contract. REQUEST FOR JUDICIAL NOTICE The Defendant's Request for Judicial Notice (“RJN”) is GRANTED. (Cal. Evid. Code §452, 453.) DISCUSSION A demurrer challenges only the legal sufficiency...

Excerpt: ...“Defendant.”) Plaintiff alleges that Defendant refused to accept her permissive leave paperwork, refused to acknowledge Plaintiff's disability extension and terminated Plaintiff for exercising her right to request accommodations. (FAC ¶32.) Plaintiff asserts causes of action for (1) discrimination; (2) retaliation; (3) failure to prevent discrimination and retaliation; (4) failure to provide reasonable accommodations; (5) failure to engage i...

Excerpt: .... The lease agreement was executed by Plaintiff Summit Media, LLC (“Plaintiff”) as the lessee, and Defendant Vivi Stafford as lessor on behalf of her and the co-owners. On April 3,2017, Plaintiff filed a Second Amended Complaint, which alleged the following causes of action: (1) Breach of Contract; (2) Slander; and (3) Extortion. On June 26, 2017, the Court issued an order sustaining the demurrer as to Plaintiff's extortion cause of action, w...

Excerpt: ... (3) failure to prevent; (4) retaliation; (5) wrongful discharge; (6) wrongful discharge in violation of public policy; (7) intentional infliction of emotional distress; (8) failure to investigate/take corrective action; and (9) unfair business practices. EVIDENTIARY OBJECTIONS The Court rules on Plaintiff's evidentiary objections to the Declaration of Corey Crickmore as follows: 1. OVERRULED. 2. SUSTAINED. 3. OVERRULED. 4. OVERRULED. DISCUSSION ...

Excerpt: ...fendant Dignity Health, Inc. (“Dignity”) owned and/or operated Northridge Hospital Medical Center (“Hospital”), where Plaintiff worked. Plaintiff alleges that Dignity exercised sufficient control over Plaintiff to be considered Plaintiff's employer. Defendant Shannon Bernal (“Bernal”) held a managerial nurse position with Dignity. Plaintiff alleges that she told Bernal that the team triage was “horrible” and “dangerous,” and c...

Excerpt: ...lief; (3) instructions pursuant to Probate Code Section 17200; and (4) interference with contract against Defendants Cooperative of American Physicians, Inc. (“CAP”), et al. CAP is a cooperative corporation comprised of licensed physicians for the purpose of providing a reserve for the payment of potential professional negligence liability. The members of CAP are parties to a trust agreement, known as Mutual Protection Trust (“MPT”). MPT ...

Excerpt: ...005100470003004f0048>asing of real properties (“Subject Properties”). Plaintiffs allege that they own a fifty-percent interest in the Subject Properties. Plaintiffs assert causes of action for (1) winding up of partnership by receiver, (2) declaratory relief, (3) conversion, (4) breach of fiduciary duty, (5) imposition of a constructive trust, (6) injunctive relief, (7) an accounting, (8) breach of contract, (9) partition, and (10) fraud. On ...

Excerpt: ...l title to the real properly located at 4155 Mt. Vernon Drive, Los Angeles, CA (the “Property”). On March 9, 2018, the Court issued a Statement of Decision finding that Plaintiff Wells Fargo is the prevailing party. Plaintiffs now move to transfer and consolidate additional cases. DISCUSSION “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters ...

Excerpt: ... of covenant of good faith and fair dealing' (3) false promise; (4) quantum meruit; (5) unjust enrichment; and (6) declaratory relief. Rueda is the plaintiff in an action (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, ...

Excerpt: ...llectibles, LLC (“Defendant” or “Collectibles”), specially appearing, moves to strike the Doe Amendment adding it to the action on January 4, 2018. DISCUSSION A Defendant named in an action by a Doe amendment under CCP §474 may challenge the amendment by way of an evidence-based motion, which argues that the plaintiff “unreasonably delayed” his or his filing of the challenged amendment. (A.N. v. County of Los Angeles (2009) 171 Cal.A...

Excerpt: ...rty was deemed a public nuisance by court order in , and Plaintiff Rami Nassif was ordered to pay all costs associated with the demolition and prosecution of the nuisance claim. Plaintiff alleges that Defendant Aaron Jones, while working for the City of Redondo Beach as the Community Development Director, fabricated a report and presented it to the City Council for approval to award the demolition contract to Defendant L C M Financial Corp., dba ...

Excerpt: ...nts Mercedes-Benz USA, LLC and Keyes European, LLC (collectively “Defendants”) point out that the fees in this case are awarded pursuant to a full Release, Settlement Agreement and Confidentiality Agreement, which provides for “MBUSA;s payment of Releasor's reasonably-incurred court costs, attorney's fees and legal expenses pursuant to California Civil Code Section 1794(d) as prevailing party, all to be determined by court motion if the par...

Excerpt: ...) denial of medical care; (3) retaliation; (4) failure to properly screen and hire; (5) failure to properly train; (6) failure to supervise and discipline; (7) violation of the Bane Act; (8) assault; (9) battery; (10) negligence; and (11) intentional infliction of emotional distress. As set forth in the complaint, Plaintiff alleges Long Beach police officers came to Plaintiff's house and used unnecessary and excessive force while handcuffing Plai...

Excerpt: ...eoFilm, Inc. (“MVF”). Barkat alleges that he is the president and sole member of Plaintiff Modern VideoFilm Holdings, LLC (“Holdings”), which holds all of MVF's shares. Barkat alleges that Defendants Medley[1] and Charles Sweet caused Barkat's termination from MVF, and that Medley exercised excessive control and dominations over the operations of MVF that ultimately led to MVF's demise. Plaintiffs SAC assert causes of action for (1) breac...

Excerpt: ...to accept her permissive leave paperwork, refused to acknowledge Plaintiff's disability extension and terminated Plaintiff for exercising her right to request accommodations. (FAC ¶32.) Plaintiff asserts causes of action for (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) declaratory judgmen...