Excerpt: ...lations of the Labor Code, conversion, unfair competition, and disability discrimination. DISCUSSION “[T]he authority of a trial court ‘to disqualify an attorney derives from the power inherent in every court “[t]o control in furtherance of justice, the conduct of its ministerial officers.”' ‘Ultimately, disqualification motions involve a conflict between the clients' right to counsel of their choice and the need to maintain ethical sta...

Excerpt: ...il 20, 2017. The First Amended Complaint (“FAC”) was filed on May 19, 2017 alleging (1) breach of fiduciary duty; (2) abuse of control; (3) corporate waste; (4) unjust enrichment; (5) misappropriation of funds/conversion; (6) fraud; (7) negligent misrepresentation; and (8) claim and delivery. Defendant Victor Leonardo Torres (“Defendant”) answered the FAC on December 20, 2017. DISCUSSION If a subpoena requires the attendance of a witness ...

Excerpt: ...; (3) failure to prevent discrimination and retaliation; and (4) declaratory judgment. 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 Union High Sch. Dist. (1996) 50 Cal. Ap...

Excerpt: ...The case arises from a written loan agreement Plaintiff entered into on or around March 18, 2011 with HELPUFINANCE.COM (“the loan”). Plaintiff alleges that First American was named as the trustee under the Deed of Trust. Plaintiff alleges that on or around multiple Notices of Default and Election to Sell Under Deed of Trust on Plaintiff's property were filed without proper notice to Plaintiff that the named trustees had changed and the named ...

Excerpt: ..., trustees of the F. Cardinal Coate and Lorna F. Coate Trust, dated June 28, 1982 (“Defendants”) are the record tittle owners of a commercial real property located in Commerce, CA (“Premises”). The parties entered into a lease agreement in December 2006. Plaintiff alleges that a dispute arose in August 2011 with respect to certain terms and provisions of the lease agreement. In March 2015, Defendants served Plaintiff with a three-day noti...

Excerpt: ... obtains a simple, unqualified victory by completely prevailing on or defeating all contract claims in the action and the contract contains a provision for attorney fees, section 1717 entitles the successful party to recover reasonable attorney fees incurred in prosecution or defense of those claims. (Scott Co. of California v. Blount, Inc. (1999) 20 Cal. 4th 1103, 1109.) Defendant 437 HEE SK LLC (“Defendant”) moves for an award of attorneys'...

Excerpt: ...et, Los Angeles, CA 90021 (“the Premises”). Plaintiff/Cross-Defendants Sky High Investments Company LLC and Morad Neman (“Cross-Defendants”) filed a Complaint for breach of contract against Cesar Lara on August 9, 2017. Defendant/Cross- Complainant Cesar Lara (“Cross-Complainant”) filed a Cross Complaint on December 27, 2017 and a First Amended Cross Complaint (“FACC”) on February 2, 2018. The FACC alleges the following causes of ...

Excerpt: ... obtains a simple, unqualified victory by completely prevailing on or defeating all contract claims in the action and the contract contains a provision for attorney fees, section 1717 entitles the successful party to recover reasonable attorney fees incurred in prosecution or defense of those claims. (Scott Co. of California v. Blount, Inc. (1999) 20 Cal. 4th 1103, 1109.) Defendant 437 S WESTERN LLC (“Defendant”) moves for an award of attorne...

Excerpt: ...h Vermont Avenue (“Property”). (Compl. ¶ 2.) Plaintiff seeks title to the parcels for the construction and operation of the Vermont and Manchester Transit Priority Joint Development Project (“Project”). (Id.) The Project is planned to include, “a 6-story mixed use affordable housing and community serving/commercial retail component, a transit plaza/bus transfer center, a public open space, a 6-story public charter college preparatory b...

Excerpt: ...ability, negligence, and various statutory violations. On March 27, 2018, seventy-one Plaintiffs (all but Phil Galloni) filed an ex parte application to shorten time to hear their motion to reclassify this action as complex pursuant to CRC, Rule 3.400. The Court granted the application and set the motion to be heard on April 20, 2018. DISCUSSION Pursuant to CRC, Rule 3.400: (a) Definition A “complex case” is an action that requires exceptiona...

Excerpt: ...ability, negligence, and various statutory violations. On March 27, 2018, seventy-one Plaintiffs (all but Phil Galloni) filed an ex parte application to shorten time to hear their motion to reclassify this action as complex pursuant to CRC, Rule 3.400. The Court granted the application and set the motion to be heard on April 20, 2018. DISCUSSION Pursuant to CRC, Rule 3.400: (a) Definition A “complex case” is an action that requires exceptiona...

Excerpt: ...). Plaintiff alleges that it owns all of MVF's shares. Plaintiff alleges that Defendants Medley Capital Corporation (“Medley”), Medley Opportunity Fund II LP, MCC Advisors LLC, Richard Craybas, James Feeley, Congruent Credit Opportunities Fund II LP, Congruent Investment Partners, LLC, Preston Massey and Main Street Capital Corporation (collectively, “the Defendants”) took control of MVF and wrongfully terminated former officers and direc...

Excerpt: ...�to respond or to submit to an authorized method of discovery,” (CCP § 2023.010(d)) or to disobey “a court order to provide discovery.” (CCP § 2023.010(g).) Under CCP § 2023.030, courts have the authority to issue monetary sanctions, evidentiary sanctions, or terminating sanctions after giving parties proper notice and the opportunity to be heard. Defendant Los Angeles County Metropolitan Transportation Authority (“Defendant”) moves ...

Excerpt: ... sums [Plaintiff] had paid, when Defendant was able to make those payments.” (Id.) Plaintiff and Defendant understood that Defendant “would need some time to get a job that paid enough in order to make the installment payments…” (Id.) Plaintiff asserts that it was not the understanding of the parties that that the loans would be paid in a single lump sum. (Id. ¶ 12.) The first installment on the loans became due in September 2012 and wou...

Excerpt: ...ollection 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 alleges Defendants owned the ...

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 ...

Excerpt: ...“Defendants”). As set forth in the complaint, Plaintiff was a former employee of Defendant Eli and Sonic Towing. Plaintiff filed a wage and hour action against Sonic Towing, Eli and his wife, Hila (“Sonic Action”). Hila successfully demurred to the wage and hour action, and was dismissed from the case. Hila then filed a malicious prosecution action (“Underlying Action”) against Plaintiff Monterrosa and his counsel, Mary T. Dumont (“...

Excerpt: ...MRH-2 Lynnview LLC and Madison Residential Inc. allege that Defendants Commercial Industrial Building Owners Alliance, Inc; Everest Indemnity Insurance Company; Aspen Specialty Insurance Company; First Specialty Insurance Corporation: Ironshore Specialty Insurance Company; and Liberty Surplus Insurance Corporation (collectively, “Defendants”) improperly denied Plaintiff's claim for insurance coverage for damages it alleges it suffered as a re...

Excerpt: ...ant Union Rescue Mission (“UMR”) filed a Demurrer to Complaint on the grounds that Complaint does not allege sufficient facts to state any valid cause of action against UMR. It has come to the Court's attention that Plaintiff Robinson was declared a vexatious litigant on March 13, 2012 in Los Angeles Superior Court case NC056093. To date, Plaintiff has not fulfilled her prefiling requirement pursuant to CCP § 391.7. DISCUSSION A. Order to Sh...

Excerpt: ...et one, No. 1-102. The moving party on a motion to compel further responses to requests for production (“RFPs”) must submit “specific factsshowing good cause justifying the discovery sought by the i nspection demand.” (CCP § 2031.310(b)(1).) If the moving party hasshown good cause for the RFPs, the burden is on the objecting party to justify the objections. (Kirkland v. Sup. Ct (2002) 95 Cal. App. 4th 92, 98.) Plaintiff alleges claims fo...

Excerpt: ...tal, Inc. (“Band 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 Ameri...

Excerpt: ...rmation of other tenants who currently live or have lived at 3800 W. 27 th St., Los Angeles, CA 90018 (“the complex”.) Plaintiffs have alleged that Defendant has allowed their resident manager to discriminate against families with children in the operation of the complex, namely, by refusing to let children play outside in common areas. (Complaint ¶14, 16. ) Plaintiffs propounded their first set of special interrogatories on Defendant on Nov...

Excerpt: ...Inc. and Farmers Insurance Exchange (“Farmers”) demurred to the first three causes of action in the initial complaint on February 6, 2018. Plaintiff remains currently employed with Farmers. Plaintiff alleges causes of action for (1) Discrimination in Violation of FEHA; (2) Retaliation in Violation of FEHA; (3) Failure to Prevent in Violation of the FEHA; and (4) Discrimination Against Public Policy. DISCUSSION A demurrer challenges only the l...

Excerpt: ...tiff”) property (“Property”) was sold at a foreclosure sale to Defendant Prop Value Properties, Inc. (“PVP”) on March 27, 2017. Plaintiff alleges that Defendants HSBC Bank USA N.A. (“Defendant”) and Specialized Loan Servicing, LLC (“Specialized”) refused to allow Plaintiff to conduct a short-sale. Plaintiff alleges various irregularities in the foreclosure process against her lenders. Plaintiff asserts causes of action for (1) v...

Excerpt: ...suit on May 15, 2017, against Defendants Band Pro Film and Digital, Inc. (“Band 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 equip...