Excerpt: ...es, and breach of fiduciary duty. Plaintiff alleges as follows: Fire Dragon was formed on or about November 26, 2012. (Complaint, ¶ 11.) There were four members: Plaintiff, Defendant Le, Defendant Tran, and Shi Yin Wong. (Complaint, ¶ 12.) Plaintiff alleges that he invested additional funds in Fire Dragon. (Complaint, ¶¶ 13, 16, 17.) Eventually, Defendant Tran purchased the membership interests of Defendant Le and Wong. (Complaint, ¶ 18.) Th...

Excerpt: ...w, Defendant demurs to each cause of action and moves to strike certain allegations in the complaint, which Plaintiff opposes. The demurrer is overruled and the motion to strike is denied. PLAINTIFF'S ALLEGATIONS Plaintiff was the Chief Operating Officer and Secretary of Terraform. (Complaint, ¶ 1.) Defendant is the Chief Executive Officer and Chief Financial Officer of Terraform. (Id., ¶ 4.) Plaintiff and Defendant were the two directors of Te...

Excerpt: ...tions impacted a jury's award of damages. (Bigler‐ Engler v. Breg, Inc. (2017) 7 Cal.App.5th 276, 299.) Defendant's counsel focuses on the Court's comment: “And, frankly, your conduct towards Mr. Katofsky has been unacceptable.” This comment related to an incident that occurred outside the presence of the jury in which Plaintiff's counsel accused Defendant's counsel of making a misrepresentation to the Court at sidebar and asked the Court t...

Excerpt: ...re”). All of the defendants except CPE and Modern HR filed a motion to compel arbitration on May 31, 2023, and CPE and Modern HR filed a notice of joinder on June 1, 2023. Plaintiff opposes the motion, which is granted. The moving party on a petition 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 provi...

Excerpt: ...which is granted. The moving party on a petition 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 affidavits, declarations, and other documentary evidence, and any oral ...

Excerpt: ... Arnold and BMA Securities, LLC (collectively, “Defendants”). Plaintiff alleges that he is a stockbroker and provides financial, securities and investment services and advice to clients. (First Amended Complaint, ¶ 2.) Plaintiff alleges that he worked for Defendants, earning significant “commissions, revenue and income.” (Id., ¶ 11.) Plaintiff alleges that Defendants have refused to pay him owed commissions since January 15, 2020. (Ibid...

Excerpt: ...ut failed to distribute the proceeds per the trust. (Second Amended Complaint, ¶¶ 7, 11.) Defendant filed a demurrer to the second cause of action, which the Court sustained in part and overruled in part. (See Court's Minute Order, dated February 24, 2022.) In particular, the Court overruled the demurrer to the fraud and constructive trust claims. Defendant allegedly misrepresented to Rosario Nuno and Jesse Nuno that she would hold the 20th Str...

Excerpt: ...aintiff dismissed these defendants. Therefore, the Court discharged the Order to Show Cause. Notice is not required. Order #2 of 3 Motion to Compel Further Responses Plaintiff JJ Zhang (“Plaintiff”) filed this action against Harrison Kordestani, Esq. (“Defendant”) asserting causes of action for malicious prosecution of a civil proceeding. Plaintiff alleges as follows: Defendant, an attorney, represented his clients in two different lawsui...

Excerpt: ...and Officer Nathan Brown aggressively pinned him to the ground by placing weight on Plaintiff's lower back. Plaintiff alleges that the LAPD officers released him, explaining that “sometimes they ‘get the wrong guy.'” Plaintiff alleges that as a result of the excessive force, he suffered a broken rib, chest trauma, and a herniated disc at L4 and L5, necessitating spinal surgery. Now, Defendants seek to designate an untimely expert, a radiolo...

Excerpt: ...��persistent narcotics nuisance” emanating from a single-family house located at 4307 Westlawn Avenue in Los Angeles, California 90066 (the “Subject Property”). Now, the City moves for summary judgment, which Defendant opposes. The motion is denied, as the dispositive issues must be resolved at trial. FACTUAL BACKGROUND A. The City's Evidence Defendant has resided at the Subject Property since 2005. (Defendant's Response to Plaintiff's Sepa...

Excerpt: ...and moves to strike the prayer for punitive damages, which Plaintiff opposes. The Court sustains the demurrer to the first through fifth causes of action and grants the motion to strike. PLAINTIFF'S ALLEGATIONS Plaintiff worked at St. Vincent's Hospital as an emergency room admitting representative from February 3, 2020, to October 9, 2020. (First Amended Complaint, ¶¶ 8, 10.) Plaintiff observed “numerous violations of state and federal laws,...

Excerpt: ...ore August 3, 2023, at 8:30 a.m. In the alternative, any party requesting a hearing may do so by appearing remotely on the morning of the hearing. If any party requests a hearing, the Court's clerk will reschedule the hearing for a date when the Court is available. If neither party requests a hearing, the Court's clerk will issue this order on August 3, 2023, at 8:30 a.m. without any hearing. [TENTATIVE] ORDER Plaintiff Security National Insuranc...

Excerpt: ... relating to Canoo's electric vehicles. (See Complaint, Exh. A, p. 10.) There was a dispute over the contract. (Ibid.) On September 16, 2022, the parties entered into a settlement and release agreement to resolve a prior dispute. (Complaint, ¶ 7.) The settlement agreement provided that Canoo would pay a total of $3,250,000 in four instalments on the following dates: (1) $500,000 on September 19, 2022; (2) $500,000 on September 30, 2022; (3) $1.1...

Excerpt: ...aintiff's counsel does not appear, either remotely or in-person, the hearing will proceed in his absence and he shall waive the right to be heard and shall submit to any order issued by the Court on this motion. Plaintiff Traceena Pennix (“Plaintiff”) filed this action against Bahram Rahrovi, erroneously sued as “Brian David Ross” (“Defendant”), among others, on July 6, 2021, for breach of the warranty of habitability and other causes...

Excerpt: ..., and a violation of the Equal Pay Act based upon race. Plaintiffs allege that Dunn “created and fostered a toxic and hostile work environment for thirteen years.” (Second Amended Complaint, ¶ 3.) Plaintiff Vernon Goodwin identifies as African- American. (Id., ¶ 5.) Plaintiff Mary Mathis-Hargett identifies as African-American and as an individual with a disability. (Id., ¶ 6.) Plaintiff Ruben Ruiz identifies as Mexican-American and as an i...

Excerpt: ...60.03, (4) Violation of Civil Code section 1632, and (5) Injunctive relief pursuant to the Consumer Legal Remedies Act and Business and Professions Code section 17200. Defendants move for summary judgment, or in the alternative, summary adjudication, which Plaintiff opposes. The motion is granted in part and denied in part. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of m...

Excerpt: ...Bank, and Di Wu demur to the operative second amended complaint. Wu Di also moves to strike the prayer for punitive damages and related allegations. PLAINTIFFS' ALLEGATIONS Plaintiffs live in China and sought to purchase a residence in Orange County, California. (Second Amended Complaint, ¶ 17.) Plaintiffs were referred to Carrie Gao, a “Senior Relationship Banker” at Bank of America. (Ibid.) Gao assisted Plaintiffs in opening two bank accou...

Excerpt: ...t, Fletcher would assume 40% of the losses on reinsured policies in exchange for 40% of the policies paid by those policyholders. On May 21, 2021, the Insurance Commissioner filed a verified petition for an order appointing it as conservator for Western General, because it was operating in “hazardous financial condition” within the meaning of Insurance Code section 1011, subdivision (d). The Court granted the liquidation order on August 5, 20...

Excerpt: ... motion in part. The Court orders Defendant to produce the following documents, except those involving communications between Defendant and counsel, to the extent it has not done so already: 1. Purchase and/or lease contract concerning the subject vehicle. 2. Repair orders and invoices concerning the subject vehicle. 3. Communications with dealer, factory representative and/or call center concerning the subject vehicle. 4. Warranty claims submitt...

Excerpt: ...ufacturing or testing (e.g., preclinical testing, characterization assays, stability testing, or quality control testing) of NK-92-RELATED COMPOSITIONS, including but not limited to a description of the nature of the use, an identification of the date(s) of the use, a description of the location(s) of the use, an identification of the NK-92-RELATED COMPOSITIONS involved, and an identification of each PERSON who was involved in the use and their r...

Excerpt: ...of action against Wells Fargo: (1) Breach of contract based upon having cashed Capriles's checks, in violation of UCC Representations and Warranties, including 4-208, 3-417, and 3- 110; and (2) General negligence based upon the same facts. Now, Defendant moves for summary judgment, which Plaintiff opposes. FACTS Plaintiff issued a cashier's check in the amount of $42,499.93, dated September 10, 2021, made payable as follows: Russell Westbrook CDJ...

Excerpt: ...motional distress, and conspiracy. Plaintiff also asserts a claim for punitive damages. Defendants demur to each cause of action and move to strike the prayer for punitive damages. The Court sustains the demurrer and grants the motion to strike with leave to amend. PLAINTIFF'S ALLEGATIONS Plaintiff is the Director of the Records and Identification Bureau (the “Bureau”) for the Los Angeles County Sheriff's Department (the “Sheriff's Departme...

Excerpt: ...t judgment, arguing that it was never properly served and it did not own the property at issue when the accident occurred, having sold the property over one year before the accident. “There are four grounds which a court, utilizing its equity capacity may rely upon to provide relief from a default. Those areas are (1) void judgment, (2) extrinsic fraud, (3) constructive service, and (4) extrinsic mistake.” (Stiles v. Wallis (1983) 147 Cal.App...

Excerpt: ... On September 14, 2022, the Court granted Defendants' ex parte application and continued the trial date to November 1, 2022, setting the discovery deadlines based on the new trial date. (See Court's Minute Order, dated September 14, 2022.) The Court continued the trial again because one of the defendant did not file a timely answer; Plaintiff's counsel did not seek entry of default; and there was insufficient time before the hearing to hear the p...

Excerpt: ...te—currently July 25, 2023—for 60 to 90 days due to Plaintiffs' counsel's health issues and the necessity of the Court ruling on certain pretrial motions sufficiently in advance of trial. The Court grants Plaintiffs' counsel's ex parte application. Defendants' counsel challenges Plaintiffs' counsel's representations concerning his health conditions, but the Court takes him at his word. Perhaps more important, the Court does not anticipate bei...

Excerpt: ...ration. Then, on February 4, 2022, the arbitrator ordered as follows: (1) The arbitration shall proceed against RP Automotive, LLC (“RP Automotive”); (2) All remaining defendants shall be dismissed without prejudice; and (3) No one will be the prevailing party with respect to the dismissal. The arbitrator then granted summary judgment in favor of RP Automotive, which now seeks to confirm the arbitration award. A party may seek a court judgmen...

Excerpt: ... speculates Defendant must have more responsive documents. (Holguin v. Superior Court (1972) 22 Cal.App.3d 812, 820.) Accordingly, the motion is denied. Order #2 of 2 Motions to Compel Further Responses to SROG and RPD Promed Medical Supplies (“Promed”) moves to compel further responses from Mandana Nazar (“Nazar”) to Special Interrogatories, Set One (“SROG”) and Requests for Production of Documents, Set One (“RPDs”). The Court gr...

Excerpt: ...s: “Explain in detail and with particularity how YOU have used or intend to use the NK-92 cells in connection with manufacturing or testing (e.g., preclinical testing, characterization assays, stability testing, or quality control testing) of NK-92-RELATED COMPOSITIONS, including but not limited to a description of the nature of the use, an identification of the date(s) of the use, a description of the location(s) of the use, an identification ...

Excerpt: ...partment officer. Plaintiff previously worked for Riverside, and alleges that Riverside's employees intentionally interfered with his employment with the City of Los Angeles by communicating false information about him. To that end, the Court conducted an in camera review of any communications between the City of Riverside and the City of Los Angeles. “Official information” is privileged under Evidence Code section 1040 when “[d]isclosure o...

Excerpt: ...on: (1) Sexual harassment under the Fair Employment and Housing Act, Government Code sections 12900, et seq. (“FEHA”), (2) Sexual assault/battery, (3) Negligent hiring, supervision, and retention, (4) Discrimination based upon race and/or national origin, (5) Failure to prevent harassment/discrimination, (6) Retaliation, (7) Violation of Labor Code section 1102.5, (8) Violation of Labor Code sections 6310 and 6311, and (9) Wrongful terminatio...

Excerpt: ...ng, LLC, for that purpose. (Ibid.) Plaintiff alleges that as a condition of working for Defendant, he was required to enter into an agreement stating that he is an independent contractor, even though he was an employee under California law. (Id., ¶¶ 6, 8.) The agreement also had a non-compete agreement. (Id., ¶ 6.) Now, Plaintiff seeks a declaratory judgment that the agreement is governed by California law; he was an employee; and the non-comp...

Excerpt: ...othing unlawful. (Complaint, ¶¶ 14-16.) The LAPD officers placed him on the ground and aggressively pinned him to the ground by placing weight on Plaintiff's lower back. (Complaint, ¶¶ 14- 20.) The LAPD officers then handcuffed Plaintiff and placed him in the back of a police car. (Complaint, ¶¶ 21-25.) Then, the LAPD officers released Plaintiff. (Complaint, ¶ 25.) One officer explained that there had been a robbery and said “sometimes t...

Excerpt: ...of a roadway's dangerous condition and the City's acts and omissions, Forest's car slid off the roadway, traveled down the hill, and collided with Plaintiff's house. Plaintiff alleges that the incident caused Plaintiff's property and house to become structurally compromised, destabilized, damages, and unsafe. Forest and Plaintiff have settled for $25,000, and Forest seeks a determination that the settlement was in good faith. The City opposes the...

Excerpt: ...ulated that this deadline shall be April 4, 2027. The Court grants the stipulation and re-sets the deadline for this case to proceed to trial as April 4, 2027. The Court discharges the Court's Order to Show Cause re: Tolling the five‐year date. A. Order to show cause re: dismissal of unserved defendants in the complaint This case was filed on December 24, 2020. Numerous defendants appear not to have been served, including but not limited to: (1...

Excerpt: .../harassment under FEHA 4. Discrimination on the basis of race/ancestry/national origin under FEHA 5. Harassment on the basis of race/ancestry/national origin under FEHA 6. Retaliation for complaining about race/ancestry/national origin discrimination under FEHA 7. Failure to prevent discrimination/harassment/retaliation under FEHA 8. Wrongful constructive termination 9. Intentional infliction of emotional distress Defendant now moves to compel ar...

Excerpt: ...FEHA, (4) Failure to prevent discrimination and retaliation under FEHA, (5) Wrongful termination in violation of public policy, and (6) Declaratory and injunctive relief. Defendant demurs to the first, fifth, and sixth causes of action. LEGAL STANDARD “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In ruling on a demurrer, the cou...

Excerpt: ... Defendant “negligently performed services and overbilled [him] by several thousands of dollars for the work performed.” Plaintiff alleges that as a result, he lost the appeal, and the judgment was confirmed. Now, Defendant moves for summary judgment, which Plaintiff opposes. The motion is granted. PROCEDURAL HISTORY In or about June 2012, Plaintiff began renting a condominium he owned to a couple named Howard and Jean Rosenfield. (Defendant'...

Excerpt: ...tial responses to the Form Interrogatories, Set One (“FROG”), Request for Production of Documents, Set One (“RPDs”), and Special Interrogatories, Set One (“SROGs”). Plaintiff Jacob Eghbalieh filed a bankruptcy petition under Chapter 7 on May 25, 2021. (Declaration of Negar Tehrani, ¶ 3.) Plaintiff's counsel filed this action on May 26, 2021, without knowing about the bankruptcy case. (Id., ¶ 5.) This case was not listed on the “Sc...

Excerpt: ...the “fee”) reflected in Chapter 18.29 of the Long Beach Municipal Code, arguing that it is unconstitutional under Proposition 218 of the California Constitution, Article XIII D. The City argues that Article XIII D does not apply to the fee. Both parties move for summary judgment. The Court grants Defendant's motion and denies Plaintiff's motion. FACTUAL BACKGROUND On October 10, 2017, the City Council passed Ordinance Number ORD-17-0025, whic...

Excerpt: ... related dates. On March 2, 2022, Defendants served a notice of deposition for June 7, 2022. (Declaration of Casey L. Morris, ¶ 2.) Defendants served Requests for Productions of Documents, Set One (“RPDs”) on March 4, 2022, and Plaintiff's counsel sought repeated extensions of the deadline. (Id., ¶ 3.) Defendants' counsel provided additional deposition dates in June 2022. (Id., ¶ 4.) Plaintiff's counsel never provided dates for a depositio...

Excerpt: ...laintiff dismissed the case. Now, Defendant seeks attorney's fees. The motion is granted in part and denied in part against Plaintiff's counsel, the Center for Disability Access, and its owners, but not Plaintiff Traci Morgan. PROCEDURAL HISTORY Plaintiff suffers from Usher Syndrome Type II, meaning that she is partially deaf and partially blind. (Complaint, ¶ 1.) Plaintiff uses screen reader software (“SRS”) to navigate the internet. (Compl...

Excerpt: ...ng Act (“FEHA”), (2) Quid pro quo sexual harassment and creation of a hostile work environment, (3) Retaliation under FEHA, (4) Failure to prevent discrimination/harassment under FEHA, (5) Retaliation under Labor Code section 1102.5, (6) Retaliation under Labor Code section 6310, and (7) Retaliation and wrongful termination in violation of public policy. Now, Plaintiff moves to compel further responses from Sterling to Special Interrogatories...

Excerpt: ... a defendant in the original complaint. Plaintiff added Van Nuys-L by way of a Doe amendment on June 8, 2022. Previously, both Lithia and Van Nuys-L moved to strike Plaintiff's prayer for punitive damages and related allegations. The Court denied the motion to strike with respect to Lithia. (See Court's Minute Order, dated October 19, 2022.) The Court granted the motion with respect to Van Nuys-L, finding: “[T]he complaint provides no clarity c...

Excerpt: ...rbitrator. Therefore, the Court determines issues of arbitrability unless the issue depends upon the credibility of extrinsic evidence. (See Aanderud v. Superior Court (2017) 13 Cal.App.5th 880, 891, citations omitted; Greenspan v. LADT, LLC (2010) 185 Cal.App.4th 1413, 1437, citation omitted.) The Court should attempt to give effect to the parties' intentions, in light of the usual and ordinary meaning of the contractual language and the circums...

Excerpt: ...Negligent hiring, supervision, and retention, (4) Discrimination based upon race and/or national origin, (5) Failure to prevent harassment/discrimination, (6) Retaliation, (7) Violation of Labor Code section 1102.5, (8) Violation of Labor Code sections 6310 and 6311, and (9) Wrongful termination in violation of public policy. Now, Defendants move for summary judgment or, in the alternative, summary adjudication. The Court addresses one issue sepa...

Excerpt: ...all. The Court previously sustained in part and overruled in part a demurrer and granted a motion to strike. Plaintiff filed a first amended complaint asserting the following causes of action: 1. Breach of contract 2. Breach of the implied covenant of good faith and fair dealing 3. Professional negligence 4. Negligent interference with prospective economic relations 5. Negligent misrepresentation 6. Intentional interference with prospective econo...

Excerpt: ...e was filed on or about June 28, 2021. Plaintiff alleges that he subsequently discovered that Defendant withdrew $24,636.98 from Eunice Hemphill's account on or about November 20, 2020, before Eunice Hemphill passed. Accordingly, Plaintiff asserts causes of action for fraud, conversion, intentional misrepresentation, and negligent misrepresentation. Defendant's defense in this case is that Eunice Hemphill received public benefits, which should ha...

Excerpt: ... of 2019." (Id„ 24.) Plaintiffs allege that the building manager, Peter Ong, failed to address at least 26 written incident reports, including "harassing, disturbing, threatening, intimidating, slandering, and racially discriminating behavioff by another tenant, ChristopherTripp. (Id„ 25.) Plaintiffs allege that Tripp made a series of racist and obscene comments to Plaintiff Ryan Erickson. (Ibid.) Plaintiffs also allege that Ong failed to add...

Excerpt: ...ecision Builders") (collectively, "Defendants"). Defendants demur to the following causes of action: First COA — Negligence Second COA — Negligence per se Fifth COA — Breach of implied covenant to perform work in a good/competent manner Sixth COA — Trespass to Land Seventh COA — Private Nuisance Defendants also move to strike the prayer for punitive damages and emotional distress damages, as well as related allegations. The Court sustai...

Excerpt: ...on of the Professional Boxing Safety Law, 15 U.S.C. 5 6308(b); (4) Violation of the Professional Boxing Safety Law, 15 U.S.C. S 6307e(b); (5) Violation of the Professional Boxing Safety Law, 15 U.S.C. S 6304(4); (6) Conspiracy to violate the Professional Boxing Safety Law; (7) Unfair business practices; (8) Promissory estoppel; and (9) Declaratory relief. Plaintiff attached a copy of the contract at issue, which was beb.veen Plaintiff and TGB Pro...