Excerpt: ...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 entitled to 1/6 of James Richardson's estate. Defendant has filed an unlawfu...

Excerpt: ...NT BACKGROUND This action arises out of demolition work performed on certain real property located in Redondo Beach (“Property”). The Property was deemed a public nuisance by court order, 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, fabr...

Excerpt: ...rres (“Torres”) were passengers in a 1989 Crown Victoria (“Gutierrez' vehicle”) driven by Defendant Rose Ferrer (“Ferrer”). The Gutierrez's vehicle was allegedly hit by Pablo Ramirez's (“Ramirez”) 2007 Infiniti G35 (“Ramirez's vehicle”) when attempting to make a left turn. The impact allegedly cause Gutierrez's vehicle to spin around, strike another vehicle and catch on fire. Isabel Gutierrez and Torres allegedly sustained var...

Excerpt: ...rica, LLC (“Defendant.”) DISCUSSION “If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it. . . [t]he party to whom the demand for inspection, copying, testing, or sampling is directed waives any objection to the demand. . . . The party making the demand may move for an order compelling response to the demand.” (CCP § 2031.300(a)– (b).) As set forth in the motion, P...

Excerpt: ...the warranty period, the vehicle contained or developed defects such that the engine was unable to properly utilize engine oil. Plaintiff alleges that Defendant knew that vehicles equipped with a 2.4L engine, such as the Chevrolet Equinox, would suffer from the defects Plaintiff experienced. Plaintiff asserts seven causes of action: (1) violation of Civil Code §1793.2(d); (2) violation of Civil Code §1793.2(b); (3) violation of Civil Code §179...

Excerpt: ...oyment related interactions with Defendants Zwissig and Associates, LLC, and Jack Zwissig (“Zwissig”.) Plaintiff alleges the following causes of action: (1) discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) retaliation; (3) sexual harassment; and (4) violation of public policy. Defendant demurs to the third cause of action. DISCUSSION A demurrer challenges only the legal sufficiency of the complaint, not the...

Excerpt: .... (“Plaintiff”). Plaintiff filed the operative complaint on July 27, 2017 requesting past due rent in the amount of $143,185.35; attorney's fees; and forfeiture. Plaintiff's proofs of service for all moving Defendants indicate the person served was “the ‘Party in 2A' by posting and mailing (CCP 415.45) by leaving a copy on 8/28/17 at 2:56pm.” (Proofs of Service filed 9/15/17.) On October 28, 2017 a default and clerk's default judgment f...

Excerpt: ...s 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. DISCUSSION A. Motion to Compel Further Deposition Testimony of Plaintiff Except as provided by court order, a deposition examination of the witness by all counsel, other than the witness' counsel or record, shall be limit...

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: ...2018, Plaintiff filed a complaint against Defendants, asserting causes of action for (1) race/color/national origin/ancestry discrimination in violation of FEHA; (2) disability discrimination in violation of FEHA; (3) failure to accommodate/engage in an interactive process in violation of FEHA; (4) retaliation for requesting accommodations/opposing practices forbidden by FEHA; (5) hostile work environment in violation of FEHA; (6) failure to do e...

Excerpt: ... of Los Angeles (“Defendant”) and Does 1 through 100 for (1) disability discrimination (Government Code §§ 12940, et seq.); (2) failure to provide reasonable accommodation (Government Code § 12940(m)); and (3) failure to engage in the interactive process (Government Code § 12940(n)). On February 23, 2018, Defendant filed the instant demurrer to complaint. Plaintiff filed an opposition on March 27, 2018. Defendant filed a reply on April 3,...

Excerpt: ... required to be presented in accordance with Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of this division until a written claim therefor has been presented to the public entity and has been acted upon by the board, or has been deemed to have been rejected by the board, in accordance with Chapters 1 and 2 of Part 3 of this division.” (Cal. Gov. Code § 945.4.) “(a) If an application for leave t...

Excerpt: ...axPro”); 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 were brokers who helped Plaintiffs obtain financing for these leases, or were the...

Excerpt: ...ffs”) in a construction lawsuit, Gabriella Plattner, et al. v. Martiza Hartnett, et al.,<0057004c00520051000300 [ from November 2009 through July 2012. As set forth in the third amended complaint (“TAC”), Plaintiffs allege that Marks closed his law firm in March 2012 and moved his practice to Defendants Engstrom, Lipscomb & Lack (“ELL”), and continued to represent Plaintiffs until his withdrawal on July 27, 2012. (TAC ¶19; 23.) Plainti...

Excerpt: ...s”) 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 Plaintiffs' me...

Excerpt: ...FURTHER RESPONSES TO FORM INTERROGATORIES) BACKGROUND The complaint in this action was filed by Oscar Guzman (“Plaintiff”) on June 15, 2017 for violation of the Song-Beverly Consumer Warranty Act. Defendant American Honda Motor Co., Inc. (“Defendant”) answered the complaint on August 10, 2017. EVIDENTIARY OBJECTIONS Statements made during settlement negotiations are not admissible. Cal. Evid. Code §1152. Further, these objections are unn...

Excerpt: ...) 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 A. Motion to Compel Deposition Testimony If a subpoena requires the attendance of a witness the Court,...

Excerpt: ...nfluence bad faith conduct in the court's statement of decision phase 1. A Trustee has a duty to comply with the trust terms. (Crocker-Citizens Nat'l Bank v. Younger (1971) 4 Cal.3d 202, 211.) A trustee has a duty to act in the best interest of the trust (Toedter v. Bradshaw (1958) 164 Cal.App.2d 200, 208.), and it is a breach of loyalty for a trustee to place his interest above a beneficiary. (Estate of Gump (1991) 1 Cal.App.4th 582, 586.) A tru...

Excerpt: ...s to construct a parking garage (“Project”) for a Courtyard Marriot located in Glendale, CA (“Property”). Plaintiff alleges that a sum of $295,575.73 remains due and owing. On August 12, 2016, Plaintiff recorded a mechanic's lien on the Property. (Compl., Exh. A.) Plaintiff asserts causes of action for (1) breach of contract; (2) common counts; and (3) action on release bond in lieu of foreclosure of mechanic's lien. DISCUSSION A demurrer...

Excerpt: ...f covenant of good faith and fair dealing' (3) false promise; (4) quantum meruit; (5) injust 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, Le...

Excerpt: ...ter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” (CCP § 436.) On June 30, 2017, Plaintiff substituted James N. Fielder as Doe Defendant #4. Fielder now moves to strike the amendment. However, as explained in the opposition, the Doe Amendment was made for the purpose of collecting judgment. “A trial court has the ...

Excerpt: ...rt (“Underlying Action”), and entered 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. EVIDENTIARY OB...

Excerpt: ...intiff alleges that she was terminated without explanation on February 10, 2015. Plaintiff further alleges that during her employment, Defendants failed to pay overtime, provide meal breaks, and otherwise engaged in various Labor <0003004400460057004c00 0014000c000300550048[taliation in violation of FEHA; (2) failure to prevent discrimination, harassment, and retaliation in violation of FEHA; (3) wrongful termination in violation of public policy...

Excerpt: ...nfinity G35 (“Subject Vehicle”). Plaintiff alleges that the Subject Vehicle's safety features failed to engage during the accident. Plaintiff asserts claims against the Subject vehicle's manufacturers (“Nissan”), and the driver of the other vehicle in the accident. DISCUSSION Nissan moves to compel Plaintiff Pablo Ramirez (“Ramirez”) to provide further response to request for production of documents (“RFP”). The only request in di...

Excerpt: ...court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement.” (CCP § 664.6.) Cross-Defendants Christine Oam and Re/Max Mega Group (“Cross-Defendants”) seek to enforce a settlement agreement against Cross-Complainants Keun Bai Lee and Won Hee Lee (“Cross-Complainants”). Pursuant to the settlement agreement, Cross-Complainants are to convey title to the Subject Pr...