Excerpt: ...2,400 in costs and fees. Grant appealed the judgment and the award of costs and fees (fee award). The Court of Appeal affirmed the judgment and issued a remittitur on January 9, 2019. On February 19, 2019, defendant filed two memoranda of costs. The first memorandum listed $23,993.20 ($23,328 attorneys' fees + $158.50 transcript fee + $506.70 filing fees) in costs incurred in the appeal of the judgment. The second memorandum listed $13,564.75 ($1...

Excerpt: ... Housing Act (FEHA); (2) failure to provide reasonable accommodations in violation of FEHA; (3) failure to engage in the interactive process in violation of FEHA; (4) retaliation in violation of FEHA; (5) failure to prevent discrimination and retaliation in violation of FEHA; and (6) wrongful termination in violation of public policy. On March 27, 2019, defendant filed this Motion to Compel Arbitration. Request for Judicial Notice: Defen dan t r ...

Excerpt: ...d Complaint (FAC) against GM, alleging seven causes of action. GM has filed a demurrer as to the Seventh (7 th) cause of action, Fraud by Omission. GM has also filed a motion to strike punitive damages from the FAC. Statute of Limitations: OVERRULED Pursuant to Code of Civil Procedure section 338(d), a cause of action for fraud is barred by a three-year statute of limitations. (Code of Civ. Proc. § 338(d).) The cause of action begins to accrue w...

Excerpt: ... alleged is an engine defect that could cause catastrophic engine failure. Gonzalez filed a First Amended Complaint (“FAC”) against Kia, alleging causes of action for 1. Violation of Subdivision D of Civil Code Section 1793.2, 2. Violation of Subdivision B of Civil Code Section 1793.2, 3. Violation of Subdivision (A) (3) of Civil Code Section 1793.2, 4. Breach of Express Warranty, 5. Breach of Implied Warranty, 6. Fraud by Omission, and 7. Fr...

Excerpt: ...y), and Edward J. Panconi (Panconi), for damages based on allegations that Bergen fraudulently forged a notice of levy. They allege that attorney Bergen, who was working on behalf of AMBS and Panconi, was trying to collect on a judgment against plaintiff Timothy O'Brien. Bergen attempted to execute a notice of levy on O'Brien's retirement fund with Fidelity, but it contained errors and was rejected. Bergen then created a second notice of levy, bu...

Excerpt: ... cross-complaint. Dwelling filed a cross-complaint against H&H. LKD filed a cross-complaint against Tag Front. On February 14, 2019, the Court held a status conference. At the status conference Tag Front informed the Court that it intended to file a cross-complaint against defendants Alireza Naghashi, Hamid Azarbin, and Sohrab Ostowari. The three defendants stipulated to allowing Tag Front to file the cross-complaint against them. Tag Front did n...

Excerpt: ...tion per the arbitration clause of the trust. The probate court found that the complaint was subject to arbitration and stayed the removal of the trustee until the arbitration was completed. The arbitration is still pending. On April 27, 2018, Plaintiffs filed this complaint against Araceli Martinez Maloney, Richard Maloney and Denise Maloney Flores (collectively known as Defendants), alleging causes of action for: (1) financial elder abuse, (2) ...

Excerpt: ...iniwale, M.D., and Mi-Jeong Lee, M.D., alleging the following causes of action: (1) professional negligence (medical malpractice), (2) medical battery, (3) lack of informed consent, (4) fraudulent concealment, and (5) unfair business practices Plaintiffs allege that Donovan was born with an easily detectable and correctable condition, an imperforated anus, which Defendants failed to identify by visual inspection during the routine and mandatory c...

Excerpt: ...��Oceanside”) with her then boyfriend. After five days, Kathryn was transferred to a sober living home called Always Hope in Malibu (“Always Hope”). At around 6:30 a.m. on November 2, 2017, residents of Always Hope over-heard Kathryn arguing with her boyfriend, but no staff member intervened or inquired into the altercation. About two and one hours later, an defendant's employee heard a crashing sound from Kathryn's bedroom and when staff e...

Excerpt: ...of written contract; (2) breach of oral contract; (3) open book account; (4) account stated; (5) fraud; (6) fraud – negligent misrepresentation; (7) fraud; (8) fraud – negligent misrepresentation; and (9) negligence. On June 5, 2017, Defendants Steele Logistics and Farrell (collectively “Defendants”) filed demurrers to complaint. Defendants Serec and Serec-Steele also filed answers to the complaint on the same date. Defendant Serec also f...

Excerpt: ...s a result of Defendants' failure to assist Plaintiff with removing the boundary tree, Plaintiff alleges that it was forced to initiate a lawsuit against the adjoining property owners itself. On June 6, 2018, Plaintiff filed a complaint for: 1) Breach of contract; 2) Bad faith; 3) Negligence On July 31, 2018, Plaintiff dismissed Defendant Farmers Insurance Group of Companies without prejudice from this action. On August 23, 2018, Plaintiff dismis...

Excerpt: ...ning and manufacturing electric vehicles. Plaintiff is a former employee of Defendant who worked in Defendant's Design Unit. It is alleged in the Complaint that Defendant violated several Labor Code violations including: (a) failing to pay minimum wages for all hours worked to Plaintiff and similarly aggrieved employees; (b) failing to pay Plaintiff and other similarly aggrieved employees all earned overtime compensation; (c) failing to provide a...

Excerpt: ...s to Antonio Sabato Jr. for Congress, which was personally signed, initialed, assented to, authorized, accepted, known to, and ratified by Antonio Sabato Jr. to further his candidacy. It is alleged that Defendants breached the agreement in approximately May 2018 failed to timely pay Plaintiff monies due under the agreement including, but not limited to, consulting fees, expenses, and commissions totaling at least $34,428.15, plus additional fees....

Excerpt: ... did not go through, the $200,000 would be returned to Plaintiff. Plaintiff alleges that the deal fell through but that Defendants refused to refund the $200,000 to Plaintiff. On June 8, 2017, Plaintiff filed his Complaint against Defendants for: 1) Violation of California Civil Code § 1632; 2) Fraud; 3) Violation of Unfair Business Practices statutes. On October 25, 2018, Defendant Young Cho (“Defendant”) filed this Motion for Judgment on t...

Excerpt: ...a complaint against Bissox Incorporated, Lee, Dean Y. Park, Steve Han, and Bryan Kim for UCL violations, misappropriation of trade secrets, conversion, and aiding and abetting. On August 31, 2009, Bissox Incorporated and Lee filed a cross-complaint and on October 19, 2009, a first amended cross-complaint against Komipharm, Yong Jin Yang, Bernardus Rademaker, and Kominox, Inc., which was ultimately dismissed without prejudice on June 20, 2017. On ...

Excerpt: ...) violation of Civil Code Sections 1791.2(a), 1794; (5) violation of Civil Code Sections 1791.1, 1794; (6) violation of the Magnuson-Moss Warranty Act; and (7) fraud by omission. Request for Judicial Notice: Plaintiff asks the Court to take judicial notice of the third amended complaint filed in Feliciano, supra, Case No. 1:14-cv-06374-AT pursuant to Evidence Code sections 452 and 453. A court may take judicial notice of records of any court of t...

Excerpt: ...f South Gate, LLC d/b/a Greenfield Care Center of South Gate (“Greenfield”), Alta Los Angeles Hospitals, Inc. d/b/a Norwalk Community Hospital (“Alta”), Lighthouse Healthcare Center, LLC d/b/a Lighthouse Healthcare Center (“Lighthouse”), Apex Home Healthcare Services (“Apex”) (collectively, “Defendants”), and Doe defendants. Plaintiffs alleged the following causes of action against Defendants: (1) elder abuse, (2) violation of...

Excerpt: ...t Brand Scaffold and Beta failed to provide reasonable accommodations. On November 16, 2018, Plaintiff filed a complaint against Defendants Brand Scaffold and Beta for (1) discrimination in violation of Gov't Code §§ 12940 et seq.; (2) harassment in violation of Gov't Code §§ 12940 et seq.; (3) retaliation in violation of Gov't Code §§ 12940 et seq.; (4) failure to prevent discrimination, harassment and retaliation in violation of Gov't Cod...

Excerpt: ...n for opposing racial discrimination and harassment (Gov't Code Section 12940(h)), 3) Failure to prevent racial discrimination, harassment, or retaliation (Gov't Code Section 12940(k)), 4) Wrongful termination in violation of public policy and 5) Intentional infliction of emotional distress. Defendants now bring this motion to compel arbitration. Evidentiary Objections: Plaintiff's evidentiary objections to the Hymas Declaration are OVERRULED. Ex...

Excerpt: ..., 2009, as Amended; and Megan Green (“Plaintiffs”) filed a Complaint asserting twenty-two (22) causes of action against multiple defendants. On October 3, 2018, Defendant Equity Title Company (“Equity”) filed this Demurrer to the Complaint. Defendant demurs to the twentieth cause of action for negligence. On October 9, 2018, Defendant Cynthia Pett-Dante (“Cynthia”) filed this Demurrer to the Complaint. Defendant demurs to the Third, F...

Excerpt: ...aintiff's home, made fraudulent statements, omitted to disclose facts, and otherwise breached their fiduciary duties. Plaintiffs allege they met with Altman beginning in February 2017 to discuss selling Plaintiffs' home. FAC, ¶ 11. They agreed that if Altman could bring potential buyers, he would serve as a dual agent for Plaintiffs and the buyer in exchange for a commission. Id. at ¶ 15. On March 4, 2017, Altman introduced Nicholas Keros to Pl...

Excerpt: ...rd to be filed under seal based solely on the agreement or stipulation of the parties. (b) Motion or application to seal a record (1) Motion or application required A party requesting that a record be filed under seal must file a motion or an application for an order sealing the record. The motion or application must be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing. (2) Service of motion or appli...

Excerpt: ...ion – in tort, (5) conspiracy, (6) cancellation of instruments, (7) rescission, (8) money had and received, (9) conversion, and (10) declaratory relief. The Complaint alleges that Plaintiff is the owner of property at 101 E. Madison Ave., Montebello, CA 90640 (the “Property”); that Plaintiff's daughter, Paola Gamboa-Banda, and Plaintiff's son-in-law, Alex Banda, moved in the Property with their three children; that Defendants were engaged i...

Excerpt: ...merica, Inc., and CJ E&M North America, Inc. (“CJ E&M”), and Doe defendants for damages based on allegations that Jason Edward Allen sustained injuries from a broken chair. On May 19, 2016, Plaintiffs filed a Complaint for (1) negligence, (2) premises liability, and (3) loss of consortium against Defendants LA Coliseum; Imaginasian; M. Net North America, Inc.; CJ E&M; and Doe Defendants. Avalon Tent and Party Corporation (“Avalon”) was su...

Excerpt: ...se. On November 1, 2018, plaintiff filed this complaint for: 1) Breach of written contract 2) Breach of implied covenant of good faith and fair dealing 3) California Labor Code § 203 Penalty On December 21, 2018, Defendant Campbell Hall (Episcopal) (“Defendant”) filed this Demurrer and Motion to Strike to the Complaint. Defendant demurs to the third cause of action. The Court considered the moving papers, opposition, and reply and rules as f...