Excerpt: ...nited Talent Agency (UTA) in litigation against Kassan. Specifically, Freedman told Deadline magazine that Kassan was a “pathological liar.” On April 26, 2024, Defendants filed the instant special motion to strike. Kassan filed his opposition on May 7, 2024. Defendants filed their reply on May 13, 2024. LEGAL STANDARD A special motion to strike under Code of Civil Procedure section 425.16 allows a defendant to seek early dismissal of a lawsui...

Excerpt: ... of consortium. The First Amended Complaint was filed on May 8, 2019. Blanca Leon's claims were dismissed, leaving Antonio Leon's medical malpractice claim. The matter came on for trial between January 29, 2024 and February 9, 2024, after which the jury returned a verdict for Plaintiff against Defendant Bode. Plaintiff was ordered to prepare a judgment. Defendant objected to the proposed judgment, arguing that Plaintiff's Section 998 offer was in...

Excerpt: ...ach of cont ract, (2) breach of implied contract, (3) restitution, (4) failure to pay wages, (5) waiting time penalties, (6) misclassification, (7) unfair competition, and (8) whistleblower retaliation. Plaintiff alleges that he entered into an employment contract with JT Legal in October 2020 to be JT Legal's Chief Marketing Officer. The contract allegedly provided for an annual salary plus bonuses, and guaranteed employment for one year, after ...

Excerpt: ...at VISM sponsored O -1B visas for Choi and Song, who are from South Korea, so that they could work at VISM's tattoo studio in Los Angeles. VISM allegedly entered into employment contracts with both Choi and Song, which provided for V ISM to receive a portion of gross sales generated by Choi and Song. Choi and Song allegedly abandoned their positions to work at another tattoo studio before their employment terms ended. VISM sues for the lost profi...

Excerpt: ...AC asserts causes of a ction for (1) fraudulent inducement, (2) breach of contract, and (3) breach of the implied covenant of good faith and fair dealing. The dispute stems from a joint venture to distribute COVID tests in 2020. Plaintiffs owned KorvaLabs, Inc., a laboratory with the capability and infrastructure to develop and distribute COVID tests. Defendant Curative, whose CEO is Defendant Turner, partnered with KorvaLabs, and the two formed ...

Excerpt: ...or discrimination, retaliation, failure to engage and accommodate, and failure to prevent. On November 9, 2023, Defendant filed the instant motion for summary judgment or adjudication in the alternative. Plaintiff has not filed an opposition. LEGAL STANDARD The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable ...

Excerpt: ...es; (3) constructive discharge; and (4 - 5) intentional/negligent infliction of emotional distress. The operative First Amended Complaint, filed May 27, 2022, adds causes of action for discrimination, harassment, and violation of civil rights. Shekerdemian alleges that Desai hired him as the general manager at R Bar. Desai did not classify or pay Shekerdemian as an employee but rather as an independent contractor. Desai initially ignored Shekerde...

Excerpt: ...d the compl aint on October 19, 2020. Defendants have cross-complained against Plaintiffs, with a First Amended Cross - Complaint filed March 28, 2022. On April 12, 2024, 21 of the Plaintiffs filed the instant motion for protective order. Plaintiffs Jeremy Katz and Adrian Katz filed a joinder to the motion on April 22, 2024.[1] On May 6, 2024, Defendants Hung R. Wang, Vivine H. Wang, and VHW, LLC filed their opposition, and Defendant Paez filed a...

Excerpt: ... follows: On April 25, 2021, Plaintiff purchased a new 2020 Chevrolet Sonic (“Vehicle”) manufactured by GM. During the warranty period the vehicle developed defects. LEGAL STANDARD Attorney's fees are mandatory to the prevailing plaintiff under the Song- Beverly Act. (Kim v.Euromotors West/The Auto Gallery (2007) 149 Cal.App.4th 170, 178; Drouin v. Fleetwood Enterprises (1985) 163 Cal.App.3d 486, 493. Pursuant to California Civil Code, Sectio...

Excerpt: ...ractices, and fraud. Plaintiff seeks recovery for Defendant's alleged failure to properly maintain the rented premises where Plaintiff resided. On April 2, 2024, Defendant filed the instant demurrer and motion to strike. Plaintiff filed his opposition on May 2, 2024. Defendant filed its reply on May 8, 2024. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. ( Hahn v. Mirda (2007) 147 Cal.App.4th 740, ...

Excerpt: ...ter) and SEIU Local 721. The complaint was labeled as one for discrimination a nd violation of labor/union rights. However, the complaint contained no factual allegations. Instead, the complaint merely attached prior complaints filed with the Civil Rights Department and Labor Commissioner's Office. On August 21, 2023, the Court sustained the County's demurrer with leave to amend. Plaintiff filed her First Amended Complaint on September 8, 2023. O...

Excerpt: ...laint on March 4, 2024, naming as Defendants the State of Cali fornia and the California Department of Financial Protection and Innovation. Through this action, Plaintiff challenges Financial Code section 3902, which states that “[a]n operator shall not accept or dispense more than one thousand dollars ($1,000) in a day from or to a customer via a digital financial asset transaction kiosk.” Plaintiff alleges that the daily cap harms cryptocur...

Excerpt: ...can Guard Services, Inc. filed the instant motion to compel arbitration. Plaintiff filed her opposition on April 24, 2024. Defendant filed its reply on May 1, 2024. LEGAL STANDARD “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate t...

Excerpt: ...ion to compel arbitration. Defendant appealed the order, and the case was stayed accordingly. On April 4, 2024, Plaintiff filed the instant motion to lift the stay pending appeal. Defendant filed its opposition on April 25, 2024. Plaintiff filed her reply on May 1, 2024. DISCUSSION I. Automatic Stay Under Code of Civil Procedure section 916(a), “the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed...

Excerpt: ...ceanside, California as of September 1977 (the Property). In May 2015 and October 2017, unbeknownst to Plaintiff, Decedent borrowed $100,000 and $50,000 from Defendants, secured by the Property. Decedent passed away in August 2020, and Plaintiff alleges that as a result, she wholly owns the Property without encumbrance. Defendants have refused to remove the subject liens from the Property, prompting this lawsuit. On March 4, 2021, Defendants Tsas...

Excerpt: ... (1) sexual harassment in violation of Civil Code section 51.9; (2) sexual battery in violation of Civil Code section 1708.5; and (3) negligence. Nogales has been dismissed from the lawsuit. According to the complaint, Aquino was employed by CDLF as a marriage and family therapist from April 2019 to May 2020. (Compl. ¶ 15.) Plaintiff alleges that on October 5, 2019, she attended a therapy appointment with Aquino wherein Aquino sexually assaulted...

Excerpt: ... diagnosed him and failed to render proper treatment. On February 16, 2024, Defendants filed the instant motion for summary judgment. Plaintiff has not filed an opposition. LEGAL STANDARD The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dismissal without the need for trial. (Aguilar v. ...

Excerpt: ...vices, Inc. (DWWS), Rona Kay (Kay), and Does 1 through 10, all eging violations of FEHA, wrongful discharge, defamation, and intentional infliction of emotional distress. The operative First Amended Complaint, filed January 29, 2020, adds Defendants Diana Eid (Eid) and Janae Bueno (Bueno) and asserts additional FEHA claims. Eid and Bueno were subsequently dismissed on summary adjudication, along with certain FEHA claims. Plaintiffs worked for Dis...

Excerpt: ... (1) sexual harassment in violation of Civil Code section 51.9; (2) sexual battery in violation of Civil Code section 1708.5; and (3) negligence. Nogales has been dismissed from the lawsuit. According to the complaint, Aquino was employed by CDLF as a marriage and family therapist from April 2019 to May 2020. (Compl. ¶ 15.) Plaintiff alleges that on October 5, 2019, she attended a therapy appointment with Aquino wherein Aquino sexually assault e...

Excerpt: ...nc. Plaintiff's application was granted on October 3, 2023. Therefore, Plaintiff now has a judgment against Defendant in Los Angeles Superior Court. On March 22, 2024, Plaintiff filed the instant motion to amend the judgment to add judgment debtors based on alter ego. Plaintiff seeks to add Christopher Smith, sole owner and member of CMS Equity, as well as ten other corporate entities of which Smith or CMS is the sole owner or member. There is no...

Excerpt: ... for his services. Plaintiff filed the operative First Amended Complaint on January 11, 2024, reducing his claims to (1) breach of written contract, (2) breach of oral contract, (3) fraud, and (4) accounting. On March 13, 2024, Defendant McKesson Corporation filed the instant demurrer to the first and fourth causes of action in the FAC. Plaintiff filed his opposition on April 22, 2024. Defendant filed its reply on April 26, 2024. LEGAL STANDARD A...

Excerpt: ... CNA Financial Corpor ation. The complaint asserts twelve causes of action arising from a settlement agreement reached as part of an employment discrimination action filed by Plaintiff. Plaintiff alleges that he entered the settlement agreement with Defendants MK Diamond and Delahaut. Pursuant to the contract, MK Diamond and Delahaut agreed to pay $93,750 to Plaintiff and $143,750 to Plaintiff's attorneys in exchange for Plaintiff releasing his c...

Excerpt: ...o the chemical gadolinium throughout the course of the MRIs, result ing in severe burns, health complications, and eventually death. Plaintiffs allege that Decedent had a history of hypersensitivity to gadolinium and that Defendants were put on notice of Decedent's condition and should have been aware of the risks of gadolinium exposure in children. The complaint alleges causes of action for (1) medical malpractice, (2) medical malpractice- lack ...

Excerpt: ...ntiff alleges that he rented a unit from Defendant and paid a $15,000 security deposit which was supposed to be returned upon termination of the tenancy. Plaintiff alleges that Defendant improperly applied expenses against the deposit, resulting in nothing being returned to Pla intiff. Plaintiff alleges that this amounts to theft of the security deposit. On January 5, 2023, Defendant Culver filed a cross -complaint against Plaintiff, Sachin Tejas...

Excerpt: ...uesting accommodation. Plaintiff alleges that she was falsely accused of sexual harassment as a pretext to terminate her. On March 21, 2024, Defendant filed the instant motion for a protective order absolving it of the obligation to respond to certain discovery requests to the extent they seek the personal information of any employee who observed, was subjected to, or reporte d sexual battery against Plaintiff. (Notice of Mtn. 2:4-9.) Alternative...