Excerpt: ...,150. Lakeshore alleges that Now Solutions is in default, that that VCS is liable as a co-debtor and guarantor. On April 20, 2021, Now Solutions and VCS filed a first amended cross-complaint against Lakeshore and two affiliated individuals (collectively, “Lakeshore”) asserting the following causes of action: (1) Breach of contract/breach of the implied convent of good faith and fair dealing, (2) Conversion, (3) Common counts, (4) Fraud, (5) N...

Excerpt: ...M&R”), asserting causes of action for fraudulent misrepresentation, fraudulent concealment, breach of fiduciary duty, breach of contract, violation of California Penal Code section 496(a) and (c), conversion, unjust enrichment, constructive trust, and unfair competition under Business and Professions Code section 17200. Plaintiff now seeks an exception to the general rule in a derivative lawsuit that the plaintiff must be a contemporaneous owne...

Excerpt: ...ligent interference with prospective economic advantage, and a series of other employment claims. On May 14, 2021, Bizlinks—which does business as “Western Elite Insurance Solutions”—and Total Insurance (the “Bizlinks parties”) filed a cross-complaint against Adams, Hamm, ISR Holdings, Inc. (“ISR”), David Risse (“Risse”), Bonnie Risse Insurance Agency, Inc. (“Risse Insurance”), and Compass Point Risk Solutions, LLC (“Com...

Excerpt: ...vide accurate itemized wage statements, (5) Failure to pay wages when due, (6) Misclassification of employees as independent contractors, (7) Failure to reimburse business-related expenses, (8) Breach of written contract, (9) Breach of the implied covenant of good faith and fair dealing, (10) Unfair business practices, (11) Unjust enrichment, (12) Quantum meruit, and (13) Fraud and deceit. Plaintiff seeks punitive damages. Now, Defendants demur t...

Excerpt: ...LEGAL STANDARD 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 affidavits, declarations, and other documentary evidence, and any oral testi...

Excerpt: ... 36 provides in part: “A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) The party has a substantial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation.” (Code Civ. Proc., § 36, subd. (a).) During the pri...

Excerpt: ...emurrer is sustained with leave to amend, and the motion to strike is denied as moot. PLAINTIFFS' ALLEGATIONS Margarita and Trinidad Nuno (the “Nunos”) owned real property, located at 16058 Wedgeworth Drive in Hacienda Heights, California 91745. (First Amended Complaint, ¶ 5.) The Nunos executed a written instrument conveying the property to Defendant “to be held in trust for the benefit of Plaintiffs and each of them.” (Id., ¶ 6.) Defe...

Excerpt: ...t alleges that Duffy hired Barilich to assist on a series of cases, including McKinley v. McKinley, Case No. 30-2017- 00930896-CU-FR-CJC pending in Orange County, California, but failed to pay Barilich and concealed material facts. Duffy filed a first amended cross-complaint asserting causes of action for breach of written contract, breach of oral contract, indemnity, services rendered, account stated, open book, quantum meruit, and, finally, int...

Excerpt: ...nd marketing services for Defendant's business. Defendant filed a cross-complaint for breach of contract but dismissed the cross-complaint at trial. The Court conducted a bench trial, following which it rendered a judgment for Plaintiff for $89,489.22 based upon the following: (1) Unpaid invoices of $10,533.23, (2) Unpaid monthly fee and fee for office assistant of $45,600, and (3) Unpaid bonus commissions of $33,335.99. The Court ordered prejudg...

Excerpt: .... The Court ordered the parties to meet-and-confer, following which they filed a joint statement asking the Court to resolve Form Interrogatory Number 17.1 as it relates to certain Requests for Admission (“RFA”), as well as certain Requests for Production (“RPD”). As an initial matter, Defendant argues that the motion is untimely. Defendant served responses via email on April 27, 2021, and argues that the 45-day deadline ran on Friday, Ju...

Excerpt: ...hem consignments of diamonds and other precious stones. (Ibid.) The consignments stated that Plaintiff would transfer the stones to Defendants, and if the stones were not returned to Plaintiff, then a sale was deemed to have been made and Defendants became obligated to pay the agreed-upon sums. (Id., ¶ 10.) Defendants failed to return the merchandise at issue, obligating them to pay $49,266 in damages. (Id., ¶ 12.) Now, Plaintiff seeks to amend...

Excerpt: ...nant of good faith and fair dealing, promissory fraud, negligent misrepresentation, negligent interference with prospective economic advantage, and unfair competition. Now, Jensen demurs to the cross-complaint, which Vepo opposes. ALLEGATIONS IN THE CROSS‐COMPLAINT Vepo does business under the name “Automated Laundry Systems,” a business which includes the sale, leasing, serving, and maintenance of coin laundry equipment, commercial non-coi...

Excerpt: ...dar and this tentative will issue as the final order. If, however, any party wishes to be heard on the motion, that party shall appear on September 28, 2021 (either remotely or in- person) and shall inform the Clerk of their request for a hearing. If any party requests a hearing, the Clerk will reset the hearing to a date when the Court is available. TENTATIVE ORDER Eduardo Barba (“Plaintiff”) filed this personal injury action against several...

Excerpt: ...Plaintiffs borrowed $1 million for the purchase of a residence in 2006; (2) The loan servicer attempted to record a “Notice of Default and Election to Sell under the Deed of Trust in 2017; (3) Plaintiffs submitted loan modification applications to Defendant on June 11 and then July 18, 2019; (4) Defendant denied the modification requests verbally but not in writing; (5) Defendant had a pending sale set for August 1, 2018; and (6) The sale was c...

Excerpt: ...2940(m); (2) Failure to engage in the interactive process under Government Code section 12940(n); (3) Discrimination under the Fair Employment and Housing Act (“FEHA”); (4) Retaliation under FEHA; and (5) Retaliation under Labor Code section 1102.5. Plaintiff alleges that the command staff, including Commander Kris Pitcher, retaliated against him following his complaints relating to his disability and harassment. Plaintiff alleges that his wi...

Excerpt: ... a first amended complaint. Now, Defendants demur to the first amended complaint. A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) “A demurrer tests the pleadings alone and not the evidence or ...

Excerpt: ...The Court shall hold the parties to this estimate absent unforeseen circumstances or other good cause. This estimate shall not include jury selection. Joint Exhibit List Defendants seek to introduce Exhibit #130, which is “Robert Potter Expert File and Materials including photographs, videos, and vehicle scans.” The Court orders Defendants to segregate any admissible parts of the file, e.g., photographs, videos, vehicle scans, etc. from parts...

Excerpt: ...nication regarding the same defects claimed by Plaintiff in vehicles of the same year, make, and model as the subject vehicle which were sold within the State of California; and (2) Customer complaints regarding the same defects claimed by Plaintiff in vehicles of the same year, make, and model as the subject vehicle which were sold within the State of California. Plaintiff argues that Defendant has not complied with the Court's order because he ...

Excerpt: ...2016, and he was promoted to a utility lead on March 21, 2018. Plaintiff alleges that Tarantelli became his supervisor in or about July 2018, following which he suffered harassment and discrimination. Plaintiff also alleges that he was terminated unlawfully based not only upon his alleged disability, but also because he raised concern about violations of Occupational Safety and Health Administration (“OSHA”) standards. Plaintiff asserts 11 ca...

Excerpt: ...) 800 E. Pico Blvd., LLC (“Defendant Pico LLC”), (2) Xiang Hao Cui, (3) John Ko, and (4) Jane's Management Systems, LLC (“Defendant JMS”). The Court sustains the demurrers and, in the alternative, grants the motions to strike. PLAINTIFF'S ALLEGATIONS Plaintiff is a computerized testing center that proctors exams for licensing, such as for teaching, counseling, nursing, and other professions. (Complaint, ¶ 1.) Defendant Pico LLC owns the ...

Excerpt: ...r may 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 no...

Excerpt: ...Defendant allegedly failed to take possession of the property per the lease. Defendant demurs to the complaint and moves to strike references to a specific individual and his business. Plaintiff opposes the demurrer and motion to strike. The Court sustains the demurrer but denies the motion to strike in the alternative. FACTUAL ALLEGATIONS On September 3, 2019, the City of Los Angeles (the “City”) and the Department of Cannabis Regulation (�...

Excerpt: ...ach of written contract, and declaratory relief. In this case, the McElfish Parties are represented by Steven R. Yee of Yee & Associates. The McElfish Law Firm, P.C. (the “McElfish Law Firm”) filed its own action against the Green Solar Parties, among others, in Case Number 18STCV01765, asserting causes of action for breach of written contract, breach of oral contract, breach of implied contract, false promise, and quantum meruit. The McElfis...

Excerpt: ...denied a stipulation to continue the trial date. Then, Defendant filed an ex parte application to continue the trial date, which the Court granted. The Court continued the trial date to August 31, 2021, and ordered the vehicle inspection to occur on or before Friday, July 30, 2021. The Court issued this order on the morning of Friday, July 16, 2021. Defendant's counsel sent an email to Plaintiff's counsel to schedule the vehicle inspection on Thu...

Excerpt: ... 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. Plaintiff filed this action on November 9, 2016, and the current trial date is November 8, 2021. On A...

Excerpt: ...ed [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, Plaintiff pursues this malpractice action against Defendant. Plaintiff filed his initial complaint asserting causes of action for legal malpractice, breach of fiduciary duty, and breach of contract, seeking punitive damages with respect to the second cause of action. The Court granted a m...

Excerpt: ...ngeles, California. (Complaint, ¶¶ 9-10.) Plaintiff alleges that someone forged his name on a grant deed, that was recorded with the County of Los Angeles on June 18, 1997. (Id., ¶ 11.) Plaintiff alleges that Hazel E. Gault obtained the fraudulent signature, and Daniel Bradford recklessly or fraudulently notarized the document. (Id., ¶¶ 12-13.) This action was filed on September 30, 2020. Therefore, Defendant Bradford, the notary, demurred t...

Excerpt: ...in violation of public policy, declaratory relief, and injunctive relief. Defendants issued a deposition subpoena for Plaintiff's personnel and employment records from his prior employer, Raytheon Company. Plaintiff now moves to quash that subpoena. Plaintiff has a right to privacy in his employment records but the right is not absolute. (See Williams v. Superior Court (2017) 3 Cal.5th 531, 557; Alch v. Superior Court (2008) 165 Cal.App.4th 1412,...

Excerpt: ...greement. Defendant does not object to listing the property for sale but seeks two changes to the settlement. First, Defendant requests that the proceeds should not be split equally because Plaintiff has lived at the property rent-free since 2016, and Defendant accuses him of sabotaging prior efforts to sell the property. Second, Defendant requests that Plaintiff agree to let her buy him out for half of the current appraisal of $840,000. The Cour...

Excerpt: ...e section 473, subdivision (a)(1), “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow...

Excerpt: ... Although the Court granted summary judgment for Defendants Bonchon Franchise, LLC, as well as Defendants Stanley Liu and June Seo, Defendants' counsel inadvertently failed to include Defendant All for J, LLC in the motion. Defendants' counsel indicated that he would seek non- suit. However, the defects in several of the claims against Defendant All for J, LLC are clear from the face of the complaint. Therefore, the Court noticed its own motion f...

Excerpt: ...v. Pin Up Girl, Inc., et al., Case No. 2:17CV-04816 (C.D. Cal. 2017), which settled. Plaintiffs allege that Defendants breached the non-disparagement clause in the settlement agreement. Now, Defendants move to strike Plaintiffs' complaint, per Code of Civil Procedure section 425.16. In ruling on a defendant's special motion to strike, the trial court uses a two-step process. First, the defendant must show that the act or acts of which the plainti...

Excerpt: ...om a failed business transaction with Defendants. Per the operative complaint, Patrizio Moi had a long-term lease of a recording studio in the Record Plant building, which he had upgraded, when Philip Lawrence acquired the Record Plant label. Lawrence allegedly offered to find another recording studio for Moi and “cut him in” on the Record Plant label business if Moi made additional renovations to the studio and vacated the premises so Lawren...

Excerpt: ...ion 12940(j), (3) Retaliation under Government Code section 12940(h), (4) Failure to prevent discrimination under Government Code section 12940(k), (5) Failure to prevent harassment under Government Code section 12940(k), (6) Failure to prevent retaliation under Government Code section 12940(k), (7) Failure to provide reasonable accommodation under Government Code section 12940(m), (8) Failure to engage in good faith interactive process under Gov...

Excerpt: ...Hills, and the lease agreement contained an arbitration provision. The arbitration clause has a heading in large letters which states: “Important Arbitration Disclosures,” and it explains: “The following arbitration provisions significantly affect your rights in any dispute with us. Please read the following disclosures in the arbitration provision that follows carefully before you sign the contract.” (Declaration of Soheyl Tahsioldoost, ...

Excerpt: ... Mousa filed a second amended cross-complaint asserting a cause of action for fraud. Mousa alleges that Tony Dow and his wife, May Daw, misrepresented that they operated a legitimate international patients' referral network and that they intended to hire her to work in their facilities in France, Lebanon, Belgium, and California caring for patients. Mousa also alleges that IPS is an alter ego of Tony Dow and May Daw. Now, IPS, Tony Dow, and May D...

Excerpt: ...her. After Defendant's employment was terminated, he allegedly accused Plaintiff, falsely, of committing fraud against their employer. Now, Defendant demurs to the first cause of action, for defamation, and the fourth cause of action, for sexual assault and battery. Plaintiff opposes the demurrer, which is overruled. LEGAL STANDARD “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v...

Excerpt: ...lleges that Now Solutions is in default, that that VCS is liable as a co-debtor and guarantor. On April 20, 2021, Now Solutions and VCS filed a first amended cross-complaint against Lakeshore and two affiliated individuals (collectively, “Lakeshore”) asserting the following causes of action: (1) Breach of contract/breach of the implied convent of good faith and fair dealing, (2) Conversion, (3) Common counts, (4) Fraud, (5) Negligent misrepre...

Excerpt: ...OVISION” and “PLEASE REVIEW – IMPORTANT – AFFECTS YOUR LEGAL RIGHTS.” The provision states in all capital letters and bold font: “EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL.” The agreement also states that “any claim or dispute . . . which arises out of or relates to . . . purchase or condition of the vehicle . . . shall, at your or our election, be resolved ...

Excerpt: ...FULY AND IN ITS ENTIRETY: ARBITRATION.” It states in all capital letters and bold font: “RIGHTS YOU AND WE AGREE TO GIVE UP.” It states in all capital letter and bold font that the parties give up: “RIGHT TO A TRIAL, WHETHER BY A JUDGE OR JURY,” among other rights. Plaintiff argues that the agreement was between Plaintiff and the dealership, which has since been dismissed as a defendant in this case, and Ford was not a signatory. The ag...

Excerpt: ...efendants demur to the third, tenth, and eleventh causes of action (for retaliation, breach of express oral contract, and breach of implied contract, respectively) in the second amended complaint, which Plaintiff opposes. The demurrer is sustained without leave to amend. PLAINTIFF'S ALLEGATIONS Plaintiff, a 62-year old Vietnamese male, was hired by Defendants on or about October 26, 1997, with a brief hiatus between 2001 and 2004. Plaintiff worke...

Excerpt: ...s attorney's fees in the amount of $104,893.50, as well as costs of $2,471.85. The parties' agreement provides: “The parties agree that the prevailing party shall be entitled to recover its reasonable attorneys' fees in connection with any arbitration conducted as described above.” Not only is a petition to confirm an arbitration award “in connection with” an arbitration, the preceding paragraph makes clear that a proceeding to confirm an...

Excerpt: ...med in February 2013; (3) Plaintiff filed a small claims action against Defendant in 2014; (4) Defendant filed a cross-complaint seeking outstanding rent and other fees and was awarded liquidated damages; and (5) Plaintiff appealed the award and requested a new trial, and the matter was adjudicated on June 22, 2015. Plaintiff also alleges: Jackson alleges that Grand Promenade breached the rental agreement in 2014 by illegally requesting liquidate...

Excerpt: ...aternity leave, sought psychiatric treatment, and failed to return before the end of the academic year. In March 2018, approximately nine months after the residency program ended, Plaintiff requested a transfer to a different residency in a different facility, and to switch to a different medical specialty. When Defendant refused, Plaintiff filed this action. Plaintiff asserts two causes of action in the Fourth Amended Complaint: (1) Failure to p...

Excerpt: ... Plaintiff alleges that Defendant was aware of the alleged misconduct and failed to take necessary and appropriate action. Plaintiff asserts the following causes of action against Defendant: (1) Sexual harassment, (2) Negligent hiring, supervision, and retention, (3) Failure to report suspected child abuse, (4) Negligent failure to warn, train or educate, (5) Negligent supervision of a minor, (6) Negligence, and (7) Negligence per se. Now, Defend...

Excerpt: ... of action: (1) Breach of contract against Kim, (2) Breach of contract against Brand, (3) Breach of fiduciary duty against Brand, Kim, and Diaz, (4) Intentional interference with prospective economic advantage against Brand, Kim, and Diaz, (5) Unfair competition against all defendants, (6) Declaratory relief against all defendants, and (7) Breach of contract against MF. Now, Diaz demurs to the entire first amended complaint as it relates to her. ...

Excerpt: ...wood, California. (Plaintiff's Response to Defendants' Separate Statement, ¶ 1.) Newman also agreed to act as the real estate agent for Plaintiff, a prospective buyer. (Id., ¶ 2.) Plaintiff prepared two offers. (Declaration of Richard Ramonette, ¶¶ 4-5 & Exhs. N & O.) Ultimately, another buyer, Isaac Davidi, purchased the property. The seller, Romualda Ayon, never received offers from Plaintiff. (Declaration of Romualda Ayon, ¶ 7.) Plaintiff...

Excerpt: ...de section 12940(m), (3) Failure to engage in the interactive process under Government Code section 12940(n), (4) Failure to prevent discrimination under Government Code section 12940(k), (5) Retaliation for engaging in protective activity under Government Code section 19240(h), (6) Retaliation and harassment under Government Code section 12940(j), (7) Violation of Labor Code section 1102.5, (8) Intentional infliction of emotional distress, and (...

Excerpt: ...e motion. PROCEDURAL HISTORY Plaintiff Clara Garcia filed this action on February 25, 2020. Defendant filed a demurrer and motion to strike on May 4, 2020, which Plaintiff did not oppose. Defendant withdrew the demurrer and motion to strike on August 28, 2020. On September 9, 2020, the parties appeared at a case management review and informed the Court (Aenlle-Rocha, J.) that the case had settled and Plaintiff was waiting on settlement funds to a...

Excerpt: ...short-term tenants. Plaintiffs allege that they have received complaints from their tenants relating to Defendant's tenants. Plaintiffs allege that the complaints include “loud parties late at night into early morning hours; excessive public drinking of alcohol; empty bottles of alcohol and related trash thrown onto Plaintiffs' Rental Properties; loud music and tenants; tenants exhibiting patterns of behavior assumed to be engagement in drug tr...

Excerpt: ...aratory relief 2. Plaintiff Lourdes Garcia claim for fraud 3. Plaintiff Marlon Mallari claim for fraud 4. Plaintiff Lourdes Garcia claim for rescission 5. Plaintiff Marlon Mallari claim for rescission 6. Plaintiff Sweet Grace Home Health LLC claim for conversion 7. Plaintiff Sweet Grace Home Health LLC claim for constructive trust Now, Defendant demurs to the sixth and seventh causes of action on the basis that Plaintiff Sweet Grace Home Health L...

Excerpt: ...espect to the first, second, third, fourth, and fifth causes of action, which relate exclusively to Plaintiff's union-related activities. The Court overrules the demurrer with respect to the sixth and seventh causes of action, per the “local interest exception.” PLAINTIFF'S ALLEGATIONS On or about June 29, 2017, Plaintiff contacted the National Union of Healthcare Workers (the “Union”) to discuss the process and requirements for organizin...

Excerpt: ...with minimum rental payments. (Id., ¶ 8.) Plaintiff alleges that Defendant failed to pay the rent from May 2020 to November 2020, as well as other charges. (Id., ¶¶ 9-10.) Plaintiff alleges that Defendant owes $111,871.98, not including late fees and interest. (Id., ¶ 12.) These allegations are sufficient to state a claim for breach of contract. Defendant argues, among other things, that the complaint is defective because a copy of the lease ...

Excerpt: ... amend. PLAINTIFF'S ALLEGATIONS The parties entered into a written agreement to engage “in a business enterprise focused on cannabis.” (Complaint, ¶¶ 3-4.) “It was understood and clearly agreed by [the parties] that the successful and timely acquisition of the proper and necessary governmental licensures relating to the manufacture, distribution, and retail sale of cannabis related products was an essential aspect of the effectuation of t...

Excerpt: ...llful misconduct, and (5) Wrongful death. Plaintiff asserts the first four causes of action in her capacity as successor-in-interest. Plaintiff asserts the fifth cause of action in her individual capacity under Code of Civil Procedure section 377.60. Plaintiff alleges that Neva Ladion, who was 94 years old, was a resident of Defendant's skilled nursing facility. (Complaint, ¶ 19.) Neva Ladion had a history of dementia, hypertension, bladder canc...

Excerpt: ...ively, “Defendants”) asserting the following causes of action: (1) Dependent Elder Abuse, (2) Negligent Hiring and Supervision, and (3) Wrongful Death. Plaintiffs allege that Eduardo Cazares was a resident in Defendants' skilled nursing facility between January 23 and April 23, 2020, during which time he developed a stage IV pressure ulcer to his coccyx, causing his death. Now, Defendants seek to compel an arbitration agreement, which Plainti...

Excerpt: ...y, (2) Conversion, (3) Fraud, (4) Intentional infliction of emotional distress, (5) Breach of contract, (6) Professional negligence, and (7) Constructive fraud. Defendants now move for summary judgment on all causes of action, as well as the claims for punitive damages. Plaintiffs oppose the motion. FACTUAL BACKGROUND Plaintiffs suffered injuries while riding in an Uber vehicle on February 20, 2017. (Plaintiffs' Response to Defendants' Separate S...

Excerpt: ...resentation, (5) Fraud based upon concealment, (6) Negligent misrepresentation, (7) Conversion, (8) Rescission of contract, (9) Breach of contract, (10) Malicious prosecution, (11) Declaratory relief, (12) Intentional infliction of emotional distress, (13) Negligent infliction of emotional distress, and (14) Preliminary injunction and permanent injunction. Defendants demur to each cause of action, which Plaintiffs oppose. The demurrer is overrule...

Excerpt: ...ent against all Defendants Third Cause of Action – Breach of Fiduciary Duty against all Defendants Fourth Cause of Action – Professional Negligence against Defendant Paul R. Rosenbaum Defendants demur to all causes of action. Defendants also move to strike the prayers for punitive damages and attorney's fees, as well as related allegations. Plaintiff opposes the demurrer but not the motion to strike. The demurrer is sustained with respect to ...

Excerpt: ...Plaintiffs allege that they were the owners of certain real property, and that Defendant foreclosed on the property on or about January 17, 2019. (Complaint, ¶¶ 7-8.) Plaintiffs allege that at the time of the foreclosure, their loan was in active loan modification review. (Id., ¶ 9.) Therefore, Plaintiffs allege that Defendant was not permitted to foreclose on the property. (Ibid.) This action was filed on August 31, 2020. Defendant now demurs...

Excerpt: ...rchives of his father, a well-known philosopher—to Hillsdale College in 2010. This action originally was filed in the San Bernardino County Superior Court on April 3, 2018, and it subsequently was transferred to the Los Angeles County Superior Court. Because Plaintiff has not served multiple defendants in over three years and failed to seek default judgments against two defendants, the Court issued an Order to Show Cause why the case should not...

Excerpt: ...physical damage to its building and also deprived Plaintiff effective use of the building. The trial will be conducted in two phases. The first phase will address whether there has been a taking. The second phase, if any, will address damages for any taking. During the first phase of this trial, Plaintiff may establish a “taking” in one of three ways. A public entity “takes or damages” private property when it causes physical damage to th...

Excerpt: ...rchives of his father, a well-known philosopher—to Hillsdale College in 2010. This action originally was filed in the San Bernardino County Superior Court on April 3, 2018, and it subsequently was transferred to the Los Angeles County Superior Court. Because Plaintiff has not served multiple defendants in over three years and failed to seek default judgments against two defendants, the Court issued an Order to Show Cause why the case should not...

Excerpt: ... – Defendant seeks to exclude testimony concerning “future damages.” The Court has no tentative on this motion. 3. Defendant's Motion in Limine #3 – Defendant seeks to exclude evidence concerning other lawsuits, claims or settlements. The motion is GRANTED IN PART AND DENIED IN PART. Plaintiff's expert may testify about his qualifications, which involves work on similar projects. In this context, Plaintiff's expert necessarily would testi...

Excerpt: ...ert 18 causes of action relating to discrimination, harassment, failure to provide accommodation for disabilities, wrongful termination, wage and hour violations, failure to provide itemized wage statements, failure to provide meal and rest breaks, and an unfair competition claim under Business & Professions Code section 17200. Now, Defendants move to compel arbitration, per their arbitration agreement. Plaintiffs oppose the motion, which is gran...

Excerpt: ...Emotional Distress, and Negligent Infliction of Emotional Distress. Defendants filed Motions to Strike under the Anti-SLAPP statute, per Code of Civil Procedure section 425.16. The Court (Feffer, J.) held a hearing and ordered as follows: The Special Motion to Strike under CCP Section 425.16 (Anti-SLAPP motion) filed by Kirk Schenck on 02/13/2020 is Granted. The Special Motion to Strike filed by Kirk Schenck is granted in its entirety. The Specia...

Excerpt: ...riage 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. Now, Roper moves for summary judgment on both the complaint and cross-complaint, arguing that it did not manufacture, install, or repair the equipment at issue. Plaintiff and Bulk oppose the motion, ...

Excerpt: ...poration (“SP Plus”). SP Plus was defaulted on August 5, 2019, and Samko was dismissed due to settlement on August 28, 2020. Prominent Security is the remaining defendant. Plaintiff and Prominent Security (collectively, the “Parties”) appear to have violated numerous orders of this Court. In their Case Management Statements, the Parties both indicated that they would participate in a mediation. The Court set a post-mediation status confer...

Excerpt: ...pect to the third, fourth, and sixth causes of action without leave to amend. The Court overrules the demurrer in all other respects. PLAINTIFF'S ALLEGATIONS On or about June 29, 2017, Plaintiff contacted the National Union of Healthcare Workers (the “Union”) to discuss the process and requirements for organizing a union for Defendant's employees. (Second Amended Complaint, ¶ 8.) The next day, Plaintiff spoke to a union organizer and receive...

Excerpt: ...erica, Inc. (“TransGuard”) (collectively, “Defendants”). Sergio Morales was driving a vehicle owned by Leticia Carrillo when he struck and killed Plaintiffs' son, Trinidad Gomez, Jr., who was walking within the crosswalk of the intersection of Tweedy Boulevard and San Vincente Avenue in the City of South Gate. Plaintiffs proceed to trial, and judgment was entered against the Insureds for over $3 million. The Insureds assigned their claims...

Excerpt: ...ed to pay criminal restitution in the amount of approximately $364,000. Plaintiff alleges that she never received payment, and that Russ Matusevich transferred his real property to his father, Alexander Matusevich on February 12, 2015, in order to evade liability. Plaintiff filed this action on February 4, 2019, and default was entered against Alexander Matusevich (“Defendant”) on September 8, 2020. Now, Defendant moves to set aside the defau...

Excerpt: ...), against their alleged employers: (1) The California Rehabilitation Institute, LLC (“Cal Rehab”); (2) Select Employment Services, Inc. (“Select Employment”); (3) Select Medical Corporation (“Select Medical”); and (4) CRI ES, Inc. (“CRI”) (collectively, “Defendants”). Among other claims, Plaintiffs asserts violations of Labor Code section 2699, the Labor Code Private Attorney General Act of 2004 (“PAGA”) as the tenth caus...

Excerpt: ... of the Common Core curriculum, Republicans, Texas school administrators, and the Second Amendment. In February 2017, Koerber sued Project Veritas, Cengage, and other defendants relating to the secret recording, as well as her termination. The Court (Feffer, J.) granted an anti-SLAPP motion, finding that Project Veritas's challenged conduct was protected journalistic and reporting activity under the anti-SLAPP statute and that, in any event, Koer...

Excerpt: ...ly, “Defendants”). Specifically, Plaintiff seeks the following: (1) Documents concerning transfers of real property that Metro acquired to expand the Purple Line, (2) All “Daily Inspection Reports” that document the daily observations of inspectors of all construction activity along with photographs taken by the inspectors, (3) Construction photographs taken by Skanska, and (4) Records of Jacobs Engineering. This inverse condemnation tria...

Excerpt: ... Now, Defendant moves to compel arbitration based upon an agreement Plaintiff signed. Plaintiff opposes the motion, which is granted. LEGAL STANDARD 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. Th...

Excerpt: ... Now, Defendant moves to compel arbitration based upon an agreement Plaintiff signed. Plaintiff opposes the motion, which is granted. LEGAL STANDARD 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. Th...

Excerpt: .... Plaintiff names 19 different companies that may have been responsible for Decedent's death. Now, the Lincoln Electric Company and J.W. Harris Company, Inc. (collectively, “Defendants”) demur on the grounds that the claims are untimely under the applicable statute of limitations. Defendants also move to strike the prayer for punitive damages and related allegations. Plaintiffs oppose the demurrer and motion to strike. The demurrer is sustain...

Excerpt: ...rassment, and (6) Declaratory and injunctive relief. Defendant demurs to the third, fourth, and sixth causes of action. Defendant also moves to strike certain allegations in the complaint, viz., references to certain Labor Code sections and a prayer for double damages and liquidated damages. Plaintiff opposes the demurrer, but not the motion to strike. LEGAL STANDARD A. Demurrer A demurrer for sufficiency tests whether the complaint states a caus...

Excerpt: ...even conduct discovery in this case. Instead, there were informal discussions, and the case settled after the complaint was filed. Now, Plaintiffs' counsel (“Counsel”) seeks fees in the amount of $20,671 plus a lodestar multiplier of one, for another $20,671, for a total of $41,342, plus costs in the amount of $846.73. An award of attorney's fees in the amount of $41,342 for a case of this nature is, quite simply, absurd, considering that Cou...

Excerpt: ...�) (collectively, “Defendants”). Plaintiff alleged as follows in the Second Amended Complaint: Plaintiff owned a building located at 1600 Long Beach Boulevard in Lynwood, California. (Second Amended Complaint, ¶ 11.) In November 2018, Plaintiff purchased a policy of general liability insurance which included coverage for fire damage from Jeff Lim of Promaster. (Id., ¶ 9.) The quote for the policy was for coverage of a “vacant” building....

Excerpt: ...ion, (3) Discrimination in violation of the Unruh Civil Rights Act, (4) Gender violence, (5) Violation of the Bane Civil Rights Act, (6) Violation of the Free Appropriate Public Education Act, (7) Negligent infliction of emotional distress, and (8) Intentional infliction of emotional distress. Plaintiff has agreed to dismiss the third, fourth, fifth, and sixth causes of action, as well as the prayers for prejudgment interest and attorney's fees. ...

Excerpt: ...ch Defendant opposes. The motion is denied. PROCEDURAL HISTORY Plaintiff filed the initial complaint on April 16, 2018, asserting ten causes of action: (1) waiting time penalties; (2) failure to provide accurate itemized statements; (3) failure to indemnify/reimburse employee expenses (4) discrimination, harassment, and retaliation in violation of the Fair Employment and Housing Act (“FEHA”); (5) failure to prevent discrimination, harassment,...

Excerpt: ...endants (the “Tenants”) were members of the Pi Kappa Alpha fraternity. Plaintiff Gamma Eta Foundation (“Gamma Eta”) secured the housing and leased it to Defendants. Gamma Eta alleges that the Tenants did not pay their rent during the relevant time period. The Tenants allege there was a dispute between Gamma Eta and their fraternity, so they paid their rent to the fraternity, not Gamma Eta with whom they signed leases. Gamma Eta filed 26 i...

Excerpt: ...he property in the amount of $999,999. (Id., ¶ 7.) On December 1, 2009, Wells Fargo Bank foreclosed on the property. (Id., ¶ 8.) The note was assigned to Piedmont Capital Management, LLC (“Plaintiff”) which seeks to recover the outstanding principal and interest, totaling $163,237.92. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When consider...

Excerpt: ...ive order three days in advance of the hearing. Plaintiff filed an opposition and appeared at the hearing, which was held on April 16, 2021. The Court now sustains the demurrer without leave to amend. The Court posts this tentative four days in advance of the hearing. Any party who does not appear shall waive the right to be heard and shall submit to entry of this order. PLAINTIFF'S ALLEGATIONS Plaintiff's mother purchased real property, located ...

Excerpt: ...ncial difficulties with Plaintiffs' business, they sought to modify the terms of their loan in or about 2016. (Id., ¶¶ 7-8.) In May 2016, Wells Fargo denied the request for modification based in part on an “NPV” calculation. (Id., ¶ 9.) In July 2016, Plaintiffs' agent requested verification of the amount owed and details on the NPV calculation, but neither request was answered. (Id., ¶¶ 9-10.) On or about August 10, 2016. Wells Fargo adv...

Excerpt: ...n is granted. FACTUAL BACKGROUND Plaintiff is employed by the County of Los Angeles as a Public Health Nurse Program Specialist. (Plaintiff's Response to Defendants' Separate Statement, ¶ 1.) Between 2012 and 2014, Plaintiff filed three internal grievances and four County Policy of Equity internal complaints against her direct supervisor, Maria Lieras. (Id., ¶ 2.) The parties entered into a “No-Fault Settlement Agreement.” (Id., ¶ 3.) Plai...

Excerpt: ...irmative defense under the statute of limitations. There was no dispute that Plaintiff was an adult at the time of the alleged assault, so the statute of limitations was two years, per Code of Civil Procedure section 335.1. Following the trial, the Court afforded Plaintiff an opportunity to brief the statute of limitations issue. The Court issued a tentative statement of decision on January 11, 2021, following which the Court held a hearing on th...

Excerpt: ... civil case against her employer, which was Alexander v. Community Hospital of Long Beach, et al., Case No. BC426353. (Id., ¶ 5.) The case allegedly asserted violations of the Fair Employment and Housing Act, Government Code section 12940 et seq., including sexual harassment, sexual orientation discrimination, retaliation, and failure to investigate and prevent sexual harassment and discrimination. (Ibid.) Plaintiff was called as a witness by th...

Excerpt: ...eral Motors LLC's (“GENERAL MOTORS”) entire original file regarding the 2012 Chevrolet Cruze; VIN: 1G1PC5SH7C7368363 (“SUBJECT VEHICLE”). 2. GRANTED: DANIEL WASHINGTON and SILVIA M. VIRULA's (referred to hereafter as “Plaintiffs”) request for repurchase of the SUBJECT VEHICLE. 3. GRANTED: All warranty claims made to GENERAL MOTORS with regard to the SUBJECT VEHICLE. 4. GRANTED: All repairs and service performed on the SUBJECT VEHICLE....

Excerpt: ...lowing causes of action in the second amended complaint: (1) Fraud, and (2) Breach of contract. Defendants now demur to the second amended complaint, which is sustained without leave to amend. PLAINTIFF'S ALLEGATIONS Plaintiff's mother purchased real property, located at 44809 Bernald Street in Lancaster, California (the “Subject Property”), in 2004. (Second Amended Complaint, ¶ 7.) Her original mortgage lender was Aames Home Loan (“Aames�...

Excerpt: ...raza, Lenora M. Peraza, and “Omar Blackburn and Residents.” This action was filed against Ziv Properties and Manuel Gutierrez, asserting causes of action for: (1) Housing Discrimination, (2) Harassment, and (3) Civil and criminal negligence. Defendants filed demurrers and motions to strike, which Plaintiffs did not oppose. The demurrers are sustained, and the motions to strike are granted, with leave to amend. LEGAL STANDARD A. Demurrer A dem...

Excerpt: ...ha, J.) sustained a demurrer with leave to amend, following which Plaintiff filed a first amended complaint naming the following defendants: (1) Thrulaw, P.C., a California Corporation doing business as “California Disability Rights Center,” and “Mi Abogado Accidentes,” and “PowerLiens,” and (2) Pejman Javaheri. Now, Defendants demur to the second amended complaint arguing as follows: (1) The first and fourth causes of action against ...

Excerpt: ... Promissory estoppel, (9) Breach of fiduciary duty, (10) Constructive fraud, (11) Actual fraud, (12) Violation of Business and Professions Code section 17200, (13) Violation of Business and Professions Code section 17500, (14) Conversion, (15) Accounting, and (16) Constructive trust. Defendant Walter Lima (“Defendant Lima”) demurs to all causes of action, following which Plaintiff dismissed the first, second, third, ninth, and tenth causes of...

Excerpt: ...arties conducted one round of initial written discovery and conducted one deposition (of Defendant's person most qualified). Now, Plaintiff's counsel seeks attorney's fees totaling $64,101.50 plus a loadstar multiple of one, meaning that Plaintiff's counsel seeks attorney's fees totaling $128,203. Plaintiff's counsel also seeks costs and expenses totaling $2,578.88. Defendant does not oppose the request for costs/expenses, but opposes the motion ...

Excerpt: ...f the Private Attorneys General Act of 2004, Labor Code section 2698 (“PAGA”), (2) Retaliation in violation of Government Code section 12940(h) and Labor Code section 98.6(a), and (3) Unfair competition in violation of Business and Professions Code section 17200. Defendants now demur to the first amended complaint, which Plaintiffs oppose. The demurrer is overruled. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states ...

Excerpt: ...e, the Court issued an Order to Show Cause why it should not adopt one of the parties' proposed protective orders. PROCEDURAL HISTORY Plaintiff's counsel took the depositions of two of Defendant's employees, Cynthia Maluto and Toyea Sims. During the depositions, Defendant's counsel objected to certain questions on the grounds of privilege. Therefore, Plaintiff filed motions to compel answers to the questions at issue. Specifically, Plaintiff soug...

Excerpt: ...denied. LEGAL STANDARD Per Code of Civil Procedure section 473, subdivision (a)(1), “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its dis...

Excerpt: ... of an implied contract. Defendants demur on the grounds that the statute of limitations on the cause of action has expired. The Court sustains the demurrer without leave to amend. PLAINTIFF'S ALLEGATIONS In the late 1990s and early 2000s, Plaintiff wrote a novel, titled “Paris, Texas,” under the pen name “Thomas Hardy.” (First Amended Complaint, ¶ 11.) The book was the story of an autistic accountant named Perry Spence whose stepfather ...

Excerpt: ...omas “Rick” Hill, (2) Chief Financial Officer Steve Boyle, and (3) Chief Operating Officer Judy Reimer. Defendants hired Plaintiff on May 15, 2015 as a property manager. (Complaint, ¶ 17.) Plaintiff alleges that the three individual defendants “controlled the business and affairs of” the three entity defendants. (Id., ¶ 14.) Plaintiff alleges that “Defendants hired [her] on May 15, 2015 as a property manager.” (Id., ¶ 17.) Plaintif...