Excerpt: ... of India (“Defendant”) demurs to 1st (breach of contract), 2 nd (promissory estoppel), 3 rd (fraudulent inducement, fraud – material misrepresentation and omission of material fact), and 4 th (negligent misrepresentation) causes of action in the third amended complaint (“TAC”) of Plaintiff Arif Khan Global, Inc. (“Plaintiff”). Defendant demurs on the grounds Plaintiff failed to allege sufficient facts to support the causes of actio...

Excerpt: ... denied. A. Demurrer Defendants FCI Lender Services, Inc. (“FCI”) and Jerry Pikover (“Pikover”) (collectively “Defendants”) each demur to the 1 st (breach of contract), 2 nd (breach of implied covenant of good faith and fair dealing), 3 rd (constructive fraud – intentional misrepresentation), 4 th (fraud – promise made without intention to perform), 5 th (intentional infliction of emotional distress (“IIED”)), 6 th (violation ...

Excerpt: ...n: 1. An explanation of the amount to be paid by each settling defendant; 2. An explanation as to why the release of claims is to be effective prior to the payment date. 3. An explanation how the LWDA will receive notice of the order approving the settlement; 4. An explanation supporting the requested lodestar multiplier enhancement for requested attorneys' fees; 5. Support for the costs request of $30,000 considering only $15,661.14 in costs hav...

Excerpt: ... John Peterson (“Peterson”) (collectively “Defendants”) demur to the 1 st (age discrimination [FEHA]), 2 nd (harassment [FEHA]), 3 rd (retaliation [FEHA]), 4 th (failure to prevent discrimination, harassment, and retaliation [FEHA]), 8 th (violation of Labor Code §98.6 [retaliation]), 9 th (wrongful termination in violation of public policy), and 11 th (misclassification of employee as an independent contractor) causes of action in the s...

Excerpt: ...J. Lee (“Lee”) (collectively, “Defendants”) demur to the 1 st (financial abuse of an elder), 2 nd (intentional misrepresentation), 3 rd (quiet title), and 4 th (breach of contract) causes of action in the complaint of Plaintiff Eok Jin Kim (“Plaintiff”). Defendants argue Plaintiff failed to allege sufficient facts to constitute the causes of action. On June 26, 2020, Plaintiff filed his complaint instant action against Defendants and ...

Excerpt: ...ith contractual relations), 2 nd (declaratory relief), and 3 rd (breach of the covenant of good faith and fair dealing) causes of action in the first amended complaint (“FAC”) of Plaintiff Bogota Corporation (“Plaintiff”), along with other specific allegations. (Notice of Motion, pgs. 2-9; FAC ¶¶10, 13-28 and Prayer ¶¶1-8.) Defendant moves to strike these allegations on the grounds they arise out of Defendant's acts in furtherance of ...

Excerpt: ...ve to file an amendment to her complaint to name Defendant Estate of Rosa B. Harris (“Harris Estate”) as DOE 1. (Notice of Motion, pg. 1, Motion, pg. 2.) The Court notes Plaintiff's motion improperly relies on the Federal Rules of Civil Procedure (“FRCP”) 15(a)(1) and 21 in seeking leave for amend; however, the FRCP does not apply and C.C.P. §473(a)(1) governs since the instant action is a state action. However, the ex parte application ...

Excerpt: ...tion to Amend Judgment Petitioner Kiley Taslitz Anderson (“Petitioner”) moves the Court to for an order amending the judgment entered on October 11, 2019 (“Judgment”) against Respondents Madison + Vine, Inc. (“M+V”) and Maziyar James Khabushani aka James Khabushani aka James Shani (“Shani”) (collectively “Respondents”) to add Dreamcrzy Studios LLC (“Dreamcrzy”) as a judgment debtor. (Notice of Motion, pg. 1; C.C.P. §187.)...

Excerpt: ...) (collectively, “Defendants”) demur to the 1 st (professional negligence) and 2 nd (breach of fiduciary duty) causes of action in the first amended complaint (“FAC”) of Plaintiff Meighan E.E. Howard, an individual (“Meighan”), and as Trustee of the Meighan Howard 2012 Irrevocable Gift Trust No. 1 (“GT1”) and as Trustee of the Meighan Howard 2012 Irrevocable Gift Trust No. 2 (“GT2”) (collectively, “Plaintiff”). Defendants ...

Excerpt: ...e motion to compel arbitration of Plaintiff's claims against Defendant FCA US LLC are granted. The case is stayed pending arbitration. Defendant San Leandro Car Stop, LLC dba San Leandro Chrysler Dodge Jeep Ram (“Dealer”), joined by Defendant FCA US LLC (“FCA”), moves for an order compelling arbitration of all claims asserted by Plaintiff James Juniel (“Plaintiff”) in this action and staying the action pending completion of arbitratio...

Excerpt: ...causes of action against Defendant Edwin Movagharian (“Defendant”) in the second amended complaint (“SAC”). Specifically, Plaintiff moves for summary adjudication of the following issues with respect to the 1st COA: (1) Plaintiff and Defendant entered into a written contract, evidenced by a promissory note, wherein Plaintiff lent to Defendant $300,000 [Issue No. 1]; (2) Plaintiff substantially performed the terms of the contract [Issue No...

Excerpt: ...to strike is denied. A. Demurrer Defendant APLA Health & Wellness dba APLA Health, erroneously sued as AIDS Project of Los Angeles, (“Defendant”) demurs to the 4 th (sexual orientation discrimination [FEHA]) and 5th (discrimination based on national origin/ancestry [FEHA]) causes of action in the second amended complaint (“SAC”) of Plaintiff Sergio Delgadillo (“Plaintiff”). Defendant argues Plaintiff failed to allege sufficient facts ...

Excerpt: ... of $26,905. Two motions for attorneys' fees are presently before the Court. The motions are separately brought by Defendants James A. Frieden (“Frieden”) and Denise Tukes (“Tukes”) (collectively, “Defendants”) and seek awards of attorneys' fees and costs against Plaintiff Pierre Richard (“Plaintiff”), pursuant to C.C.P. §425.16(c). A. James A. Frieden's Motion Frieden moves for an order granting him an attorney fees award of $49...

Excerpt: ... for the Appointment of Counsel and Motion for TRO and Preliminary Injunction. (Notice of Motion, pg. 1.) Specifically, Plaintiff requests reversal on the grounds that the Court erred by deciding the motions on State Law alone and by not implementing federal law. (Motion, pg. 2.) Plaintiff filed the instant motion on September 30, 2020, which was received by the Court on October 2, 2020, and indicated a scheduled hearing date of December 17, 2020...

Excerpt: ...e motion: 1. Confirmation of the PAGA settlement amounts including whether Plaintiff seeks an enhancement award and an award of costs and the amounts to be paid to the LWDA and Aggrieved Employees as penalties due to the discrepancies between the motion and the Settlement; 2. Information as to the potential range of recovery and whether the penalty amounts to be paid to Aggrieved Employees are reasonable; 3. An explanation of how Aggrieved Employ...

Excerpt: .... Plaintiff is to provide the Court with (1) information as to what investigation was done, and the range of potential recovery, (2) an explanation how aggrieved employees will be identified, (3) an explanation how the LWDA will receive notice of the order approving the settlement, and, (4) a detailed accounting of the claimed attorneys' fees and costs 10 days prior to the continued hearing date by providing declaration(s) setting forth hours inc...

Excerpt: ... cause of action against Defendants Seda Khalatians (“Seda”) and Albert Khalatians (“Albert”) (collectively, “Defendants”) on Plaintiff's complaint for a total judgment in the amount of $94,300.83. (Notice of Motion, pgs. 1-2; C.C.P. §437c(f).) Request for Judicial Notice Plaintiff's 10/13/20 request for judicial notice is granted. (RJN, Exhs. 4, 6, 7, 8, 11, 13, and 14 to Appendix of Exhibits in Support (“AOE”) and are introduce...

Excerpt: ..., it seems Plaintiff moves for reconsideration of the Court's October 10, 2019 ruling granting Defendant's special motion to strike Plaintiff's complaint and/or the March 4, 2020 order entering of judgment in favor of Defendant in accordance therewith. (Motion, pg. 4.) On October 10, 2019, the Court granted Defendant's special motion to strike Plaintiff's complaint and ordered Defendant to submit a proposed judgment and give notice to Plaintiff, ...

Excerpt: ...otion to strike the request for punitive damages is granted. A. Demurrer Cross-Defendant Yang Law, P.C. (“Yang Law”) demurs to the 2nd (breach of fiduciary duty) and 4 th (fraud) causes of action in the first amended cross-complaint (“FACC”) of Cross- Complainant Roya Ansari (“Ansari”). Yang Law argues Ansari fails to allege sufficient facts to constitute the causes of action. (Notice of Demurrer, pg. 2.) The Court notes that Yang Law...

Excerpt: ...tions is granted in the reduced total amount of $1,270. Jain's request the Court impose terminating sanctions with respect to D&B's cross-claims is denied. Cross-Defendant Naveen Jain (“Jain”) moves to compel Cross-Complainant D&B Wallace, LLC (“D&B”) to serve further responses to Jain's Form Interrogatories (Set One) Nos. 17.1, 50.1, 50.2, 50.3, 50.4, 50.5, and 50.6. Jain also requests an award of monetary sanctions against D&B in the am...

Excerpt: ... complaint (“FAC”) of Plaintiffs Martin Briones (“Martin”) and Shanell Briones (“Shanell”) (collectively “Plaintiffs”) on the grounds Plaintiffs fail to allege facts sufficient to constitute the causes of action against Defendant. (Notice of Motion, pg. 2.) Defendant's 7/21/20 request for judicial notice is granted. (RJN, Exhs. 1-2.) Background On May 14, 2019, Plaintiffs filed their complaint in this matter against Defendant, Pen...

Excerpt: ...rrer Defendant Kia Motors America, Inc. (“Defendant”) demurs to the 3rd (violation of the Song Beverly Act §1793.2(a)(3)), 5 th (breach of the implied warranty of merchantability under Song-Beverly), 6 th (fraud by omission), and 7th (violation of the Consumer Legal Remedies Act (“CLRA”)) causes of action in the second amended complaint (“SAC”) of Plaintiffs Paul Wargo and Kimberly Wargo (collectively “Plaintiffs”). Defendant arg...

Excerpt: ...cations between Defendants and their counsel, and to destroy all copies, is granted. Defendants' request the Court order the emails inadmissible as evidence is denied without prejudice. Defendants Eric Howard (“Howard”) and Sheila Barbarino (“Barbarino”) (collectively “Defendants”) moves to compel Silver Lake Spine Institute (“Silver Lake”), HB Surgery Center, Inc. (“HBSC”), Brendan Bakir (“Bakir”), and Pacific Sixteen, LL...

Excerpt: ...tively “Defendants”) move for an order compelling arbitration of claims asserted by Plaintiff Moultric Martin (“Plaintiff”) in this action and a stay of proceedings. (Notice of Motion, pgs. 1-2; C.C.P. §§1281 and 1281.2.) Defendants' 9/28/20 request for judicial notice of the Employment Arbitration Rules and Mediation Procedures of the American Arbitration Association (the “AAA Rules”) is granted. Plaintiff's 12/30/20 evidentiary ob...

Excerpt: ...ndant”) demurs to the 3rd (violation of the Song Beverly Act §1793.2(a)(3)), 5 th (breach of the implied warranty of merchantability under Song-Beverly), and 6 th (fraud by omission) causes of action in the complaint of Plaintiffs Erick Alfred Rubalcava and Monica Angelea Rubalcava (collectively, “Plaintiffs”). Defendant argues Plaintiffs failed to allege sufficient facts to constitute the causes of action, the causes of action are time-ba...