Excerpt: ...3,500 in connection with the instant motion. Plaintiff filed this action on March 12, 2019. Defendant filed a motion for judgment on the pleadings, which was granted on February 24, 2020. Plaintiff filed a motion to compel further discovery responses on March 6, 2020, which was granted in part. Defendant filed a motion for a protective order on January 11, 2021, and the Court held a hearing on March 2, 2021. The Court found: The Court has reviewe...

Excerpt: ...ay testify as percipient witnesses concerning the firm's services and billing. Permissible topics would include: (1) For what purpose they hired the firm and whether the firm failed to perform those tasks; (2) Whether they were satisfied with the firm's performance and, if not, why not; (3) What advice the firm provided; and (4) What billing arrangement they had with the firm and whether the firm honored that arrangement. Zvik and Yavor may not t...

Excerpt: ...Defendants seek an order finding that Nicki Zvik and Shay Yavor waived the attorney-client privilege with respect to Green Solar's former general counsel, Thomas Miletic, Esq. The Court denies the motion. PLAINTIFFS' ALLEGATIONS On or about December 3, 2015, Plaintiffs hired McElfish and MLF to represent them in Lunger v. Zvik, et al., Case No. BC524165 (hereinafter, the “Lunger case”). (Complaint, ¶ 9.) Lunger hired Plaintiffs to perform ce...

Excerpt: ...emotional distress. Plaintiff asserts a separate cause of action for punitive damages. Now, Rodeo Realty and Malibu Escrow demur to the complaint and move to strike the prayer for punitive damages and related allegations. Plaintiff does not oppose the motions. The Court sustains the demurrers without leave to amend. PLAINTIFF'S ALLEGATIONS Plaintiff and Defendant Harrandi dissolved their marriage. (First Amended Complaint, ¶ 7.) The principal as...

Excerpt: ...alleges as follows: Plaintiff owns the premises located at 9071 Santa Monica Boulevard in Los Angeles, California. Defendant Chutter is the lessee under a lease which originated in 1963. The lease was amended multiple times, extending the lease for five years with an option to renew. However, the most recent amendment, signed on October 21, 2017, extended the lease for 46 years and did not include any provisions for rent increases for a 30-year p...

Excerpt: ...s: A. First Cause of Action Plaintiff's first cause of action is for quiet title. Code of Civil Procedure section 761.020 provides that a complaint for quiet title shall be verified and include: (1) a description of the property that is the subject of the action, including both the legal description and its street address or common designation if the subject property is real property; (2) the plaintiff's title as to which determination is sought ...

Excerpt: ...of action. On November 2, 2021, the Court sustained Defendants' demurrer with leave to amend. Plaintiff filed a second amended complaint on December 2, 2021, asserting the following causes of action: (1) Breach of contract, (2) Breach of the covenant of good faith and fair dealing, (3) Accounting, (4) Intentional misrepresentation, (5) Negligent misrepresentation, (6) Wrongful foreclosure, (7) Recission, and (8) Violation of the California Homeow...

Excerpt: ...eeding. Plaintiff has deposited the sum of $48,025.77, which he believes is the amount in dispute. The procedural history of this case is as follows: This action was filed on July 26, 2021. On September 22, 2021, Defendant filed a cross-complaint as a self-represented party. On November 12, 2021, Defendant filed a request to continue the case management conference, which the Court granted. On November 15, 2021, Plaintiff filed a motion to strike....

Excerpt: ... motor vehicle collision. Plaintiffs issued a subpoena duces tecum to the California Highway Patrol (the “CHP”), which is not a party in this action, seeking all notes, interviews, photographs, reports, correspondence, and citations concerning the collision, as well as call records to CalTrans and dash camera and body camera footage. The CHP opposes the motion. Code of Civil Procedure section 1987.1 provides, “If a subpoena requires the att...

Excerpt: ...the undercarriage with the motor running. Bulk filed a cross-complaint for indemnity, contribution, and declaratory relief against Roper Pump Company (“Roper”), following which Plaintiff added Roper, as well as Ranger, Inc. (“Ranger”), as Doe defendants. Plaintiff also added J&R Fleet Services, LLC (“J&R”) as a Doe defendant. The remaining defendants move to compel a mental examination of Plaintiff. The Court previously ruled: “Defe...

Excerpt: ...ployee at Wavestream, but he was not hired permanently by Wavestream and eventually was terminated by Express Services. Plaintiff then filed this action. Plaintiff settled his case against Wavestream, leaving only Express Services and Woods. Now, these defendants move for summary judgment, which Plaintiff opposes. The motion is denied. PROCEDURAL HISTORY Plaintiff filed his original complaint on May 31, 2019, after he filed a complaint with the D...

Excerpt: ....) Plaintiff then filed this action, asserting causes of action for discrimination, harassment, retaliation, and intentional/negligent infliction of emotional distress, as well as a failure to pay statutorily mandated wages, among other claims. Plaintiff signed an arbitration agreement when she was hired by USC. (Declaration of Frances Clairmont, Exh. B.) Now, Defendants move to compel arbitration pursuant to Plaintiff's agreement with USC. Plain...

Excerpt: ...compel arbitration with respect to the claims asserted by Jackelyn Valle and Irma Fragoso. The moving party on a motion to compel arbitration “bears the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence, while a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. The trial court sits as the trier of fact, weighing all the ...

Excerpt: ...aint, which Plaintiff opposes. The demurrer is sustained without leave to amend. PLAINTIFF'S FACTUAL ALLEGATIONS In 2006, Defendants Jamali and Loftimoghaddas borrowed $3 million from Washington Mutual Bank (“WaMu”). (First Amended Complaint, ¶ 11.) As security for the loan, they pledged two properties: (1) A property located at 9129 Robin Drive in Los Angeles, California (the “Robin property”), and (2) A property located at 1401 Queens ...

Excerpt: ...d approximately three months before trial, Defendant filed a motion to continue the trial date. Defendant sought a trial continuance because of Rosalinda Roy, M.D., the Chief Executive Officer and a lay witness. Dr. Roy provided a declaration stating that she was unable to attend trial as she is “out of the country from January 2022 till mid-way through March 2022,” and that her time out of the country was “unavoidable.” The Court denied ...

Excerpt: ...iscrimination and retaliation based on association with member of a protected class, (3) Wrongful termination in violation of public policy, and (4) Intentional infliction of emotional distress (“IID”). Defendants argue that the first three causes of action fail because they rely on Plaintiff's claim that she experienced retaliation and discrimination for providing testimony against a third-party employer, not Defendants. Defendants argue tha...

Excerpt: ...2940(a) 3. Equal pay violation per Government Code section 1197.5 4. Retaliation per Government Code section 12940(h) 5. Retaliation per Labor Code section 98.6 6. Retaliation per Labor Code section 1102.5 7. Failure to prevent discrimination/harassment per Government Code section 12940(k) Defendant moves for summary judgment on the grounds that “Plaintiff's entire complaint against Defendant is barred by the doctrine of unclear hands.” In th...

Excerpt: ...nt Lee”), Hyung Sook Han (“Defendant Han”), and Sirudang, Inc. (collectively, “Defendants”), which is Case Number 21STCV29292. In the latter case, Plaintiff asserts the following causes of action: (1) Failure to pay earned wages, (2) Failure to pay overtime wages, (3) Failure to provide meal periods, (4) Failure to provide rest periods, (5) Failure to furnish accurate wage statements, (6) Sexual harassment, (7) Failure to pay earned wag...

Excerpt: ...es as follows: Defendants were developing a property and hired Allied Nationwide Security (“Allied”) to provide security services. Allied assigned Plaintiff, a security guard, to provide security for the project. On January 12, 2019, Plaintiff was working on the property when a wooden door fell on him, causing injury. Plaintiff asserts causes of action for premises liability, negligence, and negligence per se. The Trust, MCRT, and MCREF (coll...

Excerpt: ...), as well as a claim for negligent repair. Defendants now move for summary judgment, which Plaintiffs oppose. The motion is granted. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law[.] There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find th...

Excerpt: ...Plaintiff alleges that Defendants unlawfully disclosed his medical information and then terminated him in violation of the law. Plaintiff owns 808,427 shares of common stock of Defendant TigerConnect, which were worth $1.81 per share as of August 2021. However, there is a potential corporate transaction pursuant to which the outstanding shares may be purchased for $7 to $8 per share. Plaintiff alleges that Defendants “threatened that if [he] re...

Excerpt: ...tractors to make certain improvements to his home, specifically to build/restore three walls. Plaintiff alleges that the contractors told him that permits were not required, but they were mistaken. Plaintiff alleges that a neighbor complained to the City, who issued a stop-work order, and he has been damaged as a result. The contractors filed a cross-complaint against Plaintiff, as well as Ryan Meza asserting the following causes of action: 1. Co...

Excerpt: ...f his truck while he was working on a pump on the undercarriage with the motor running. Bulk filed a cross-complaint for indemnity, contribution, and declaratory relief against Roper Pump Company (“Roper”), following which Plaintiff added Roper, as well as Ranger, Inc. (“Ranger”), as Doe defendants. Plaintiff also added J&R Fleet Services, LLC (“J&R”) as a Doe defendant. Now, Plaintiff moves ex parte to continue the trial date and all...

Excerpt: ...ia Labor Code section 2698, et seq.; (2) Failure to reimburse for business expenses under California Labor Code section 2802; (3) Failure to pay minimum wage under California Labor Code sections 1194 and 1197; (4) Failure to pay overtime under California Labor Code sections 1194, 1198, 510, and 554; and (5) Unlawful and/or unfair business practices under California Business and Professions Code section 17200, et seq. Plaintiffs were “shoppers�...

Excerpt: ...om discrimination and/or retaliation, (4) Retaliation in violation of FEHA, (5) Wrongful termination in violation of public policy, (6) Failure to re-hire on account of age, and (7) Defamation. Plaintiff alleges that he exhausted his administrative remedies by receiving “right-to-sue” notices from the Equal Employment Opportunity Commission and the California Department of Fair Employment and Housing. Defendants Express Services, Inc. (“Exp...