Excerpt: ...gligent misrepresentation. Plaintiff alleges that Defendant Estalella committed torts in California and that jurisdiction over Estalella is proper as a result. (See Compl. ¶ 2.) Plaintiff alleges upon information and belief that “Estalella is an individual residing at 1111 Brickell Bay Drive, Apt 1210, Miami, FL 33131. During the relevant time period, Estalella was a high ranking executive a MusclePharm.” (Compl. ¶ 6.) On information and be...

Excerpt: ...ndants”), and Does 1–250 alleging dependent adult abuse, professional negligence, negligent hiring and supervision, and loss of consortium. On August 27, 2019, Defendants filed a demurrer as to the first cause of action for dependent adult abuse. On March 10, 2020, the Court sustained the demurrer with 60 days leave to amend. At a July 8, 2020 Informal Discovery Conference, the Court granted Plaintiffs until October 1, 2020 to file their firs...

Excerpt: ... Rejaei Defendants, for failing to compensate him for legal fees incurred when Plaintiff represented Defendants in an action against Bryan Siegel. (See FAC ¶¶ 7, 14‐ 20.) Plaintiff alleges damages in the amount of $120,000. LEGAL STANDARD “Before filing a demurrer . . . the demurring party shall meet and confer in person or by telephone with the party who filed the pleading . . . for the purpose of determining whether an agreement can be re...

Excerpt: ...to compel, and the motion is DENIED AS MOOT insofar as it seeks to require that this information be turned over. The Court reminds Defendants of their obligations under the Court's prior order (ROA 137), which required them to serve further discovery responses, including the production of voluminous non-anonymized data, within 30 days of the opt-out deadline. The Court agrees with Plaintiffs, however, that Defendants' conduct with respect to the ...

Excerpt: ... two reasons for the continuance. First, the Application is continued due to lack of service on the relevant property owners. The instant application seeks an order against the owners of property located at 2201 and 2205 South Standard Avenue in Santa Ana, California. While the prior Application heard on August 14, 2020 was served on non-parties McFarlane Properties, LLC and Standard Avenue, LLC via both their Agents for Service of Process and Co...

Excerpt: ...ion”) and Does 1 – 100 for (1) forcible detainer and statutory damages; (2) breach of contract; and (3) conversion. Plaintiff alleges that on September 5, 2001 and May 16, 2007, Plaintiff Dadson Washer and Edward Mantini entered into written leases for laundry space at 2 Ketch Street, Marina Del Rey, CA 90292 (“the Building”). (VFAC ¶ 4.) On May 16, 2012, Plaintiff Dadson and Edward Mantini entered into a third written lease for laundry ...

Excerpt: ... December 26, 2017, one of Plaintiff's vehicles, a 2015 McLaren 650S Spider, was legally being operated in Los Angeles County, CA, in the city of Beverly Hills, CA. (Compl. ¶ 7.) Plaintiff alleges that around 5:56 p.m., while the car was making a legal turn, the car was impacted by a Ford E-series tourism van owned and operated by defendants Los Angeles USA Tours LLC and Ali Dayekh. (Id.) Plaintiff alleges that Defendant Sadegh Fatoorechi was dr...

Excerpt: ...rtfolio Servicing, Inc. (“SPS”); Quality Loan Service Corp.; Deutsche Bank; and Does 1‐50 alleging a violation of Civil Code section 2923.6; negligence, and a violation of Business and Professions Code section 17200. On April 13, 2020, Plaintiff filed an amended complaint, changing the plaintiff to be Delane Tarra, individually and as trustee of Chap One Land Trust. Plaintiff's amended complaint contains causes of action for (1) violation o...

Excerpt: ...ontract; (2) breach of implied-in-fact contract; (3) quantum meruit; and (4) Violation of Domestic Worker Bill of Rights under Labor Code section 1451. Defendant is the executor of the Rhea F. Cassan Estate. (Compl. ¶11.) “For more than 20 years, Jeffrey acted as Rhea's primary care giver. As a result, Rhea never needed to hire professional care givers and remained under Jeffrey's physical care, except for the times she was admitted to the hos...

Excerpt: ..., Fred Bahari Moghadam, City Wall Builders, Inc., and City Wall Construction, Inc. (collectively “Defendants”) for negligence. As trustees, Plaintiffs allege that they are the owners of a parcel of real property commonly known as 606 Walden Drive, Beverly Hills, California 90210, and more particularly described as Lot 21, Beverly Hills, M.B. 72 14/ 19. (SAC ¶ 1.) Plaintiffs allege that Defendants 621 Rodeo Drive LLC, Moghadam, and Does 1 thr...

Excerpt: ...�ACIC”) and Does 1-20 for (1) breach of contract, (2) negligence, (3) conversion, (4) fraud, (5) and action on contractor's bond. Plaintiff alleges that some of the defendants failed to complete the work on the solar panels for 200 N. Rockingham, Los Angeles, CA 90049. On November 4, 2019, American Contractors Indemnity Company (“ACIC” or “Cross- Complainant”) filed a verified interpleader cross-complaint against Pure Solar Company dba ...

Excerpt: ...ut intent to preform and breach of implied covenant of good faith and fair dealing. This complaint arises out of the severance agreement entered between Plaintiff and CB1 Labs on August 15, 2018. Plaintiff alleges that Defendants breached the severance agreement when they failed to pay him the installments and interest due on the last payment. As to individual defendants, Plaintiff alleges that Tyler Stevens is the Director of Brands at CB1 Labs,...

Excerpt: ...ULING: Defendant San Gabriel Medical Center's Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND. SERVICE: [X] Proof of Service Timely Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP §§ 1013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK OPPOSITION: Filed on January 23, 2020 [ ] Late [ ] None REPLY: Filed on February 11, 2020 [ ] Late [ ] None ANALYSIS: I. Background On September 16, 2019, Plaintiff Hog Gan (“Plaintiff”) f...

Excerpt: ...st amended compliant (FAC): defamation, intentional interference with prospective economic advantage, and negligent interference with prospective economic advantage. (See FAC ¶¶ 41-65.) Plaintiff Richard Acosta is a managing member of Plaintiff Inception Altanova and Plaintiff Eric Clarke helps manage Inception Altanova through another separate entity. (FAC ¶ 7- 8.) Defendant John Kaweske is the CEO of Defendant North Star. (FAC ¶¶ 3.) Plain...

Excerpt: ...efendant/Cross-Defendant Herbert C. Rubinstein (“Cross-Defendant”) discovery. (Barsegyan Decl. ¶5, Ex. A to RFA, RFP, and Interrogatories motions.) Responses were due on April 16, 2020, however an extension was granted until May 1, 2020. (Barsegyan Decl., ¶ 5, Ex. C.) Responses were not received by Cross-Complainant. (Barsegyan Decl., ¶ 5.) On May 26, 2020 and May 28, 2020, Cross- Complainant filed motions to compel responses to Form and S...

Excerpt: ...representation; (5) breach of agreement; (6) declaratory relief; and (7) injunctive relief. Kalnel Gardens alleges that in connection with the February 26, 2016, sale and transfer of real property commonly known as 8655 Washington Boulevard, Culver City, California 90232 (the "Subject Property”), Kalnel Gardens entered into a Lessor Estoppel Certificate which provided that the lease that Kalnel Gardens was about to assume as landlord was curren...

Excerpt: ... relief and damages, and (2) violation of Business and Professions Code section 17200. MRT alleges that in 2001, John Paul DeJoria sold twelve parcels of coastal and canyon land to MRT for $1,000,000. (Cross-Compl. ¶¶ 7-9.) The land was appraised for $13,000,000 and the remaining $12,000,000 value was donated to MRT. (Id. ¶ 9.) DeJoria included a conservation easement, binding on all future owners, that would preserve the property as open spac...

Excerpt: ...; MM of Vegas Retail, Inc; MMNV2 Holdings I, LLC, MMNV2 Holdings V, LLC; MMOF Fermont Retail, Inc.; MedMen NY, Inc.; MME Florida LLC (collectively, the “MM Entity Defendants”); Adam Bierman; Andrew Modlin, and Does 1 through 25, alleging eight causes of action for: (1) Breach of Contract – Demotion; (2) Breach of The Implied Covenant of Good Faith And Fair Dealing; (3) Breach of Contract – Termination Without Cause; (4) Breach of Contract...

Excerpt: ...ith the party who filed the pleading subject to demurrer, and that the parties did not reach an agreement resolving the objections raised in the demurrer. [or] (B) That the party who filed the pleading subject to demurrer failed to respond to the meet and confer request of the demurring party or otherwise failed to meet and confer in good faith.” (Code Civ. Proc., § 430.41(A) & (B).) A demurrer for sufficiency tests whether the complaint alleg...

Excerpt: ...r.” (Code Civ. Proc., § 430.41.) To properly file a demurrer with the court, the party must also file a declaration noting that he or she “met and conferred with the party who filed the pleading subject to demurrer, and that the parties did not reach an agreement resolving the objections raised in the demurrer. [or] (B) That the party who filed the pleading subject to demurrer failed to respond to the meet and confer request of the demurring...

Excerpt: ...perties USA, Inc., Staples Construction, Inc., and Does 1 – 100, for (1) nuisance, (2) intentional trespass, (3) negligent trespass, (4) negligence, and (5) elder abuse. Plaintiffs allege they are the owners of the property located at 1220 24th Street, Santa Monica, CA 90403, and that they are in possession and control of that real property consisting of two single family houses, a duplex, and four garages. (Compl. ¶ 2.) Plaintiffs further all...

Excerpt: ...ach of contract, negligence, breach of express and implied warranties, intentional misrepresentation and negligent misrepresentation, Petitioner initiated arbitration proceedings against RTC. On September 22, 2016, this Court granted an order permitting ADR Services, Inc. to administer the arbitration proceedings. (See Ex. C. to Motion.) After arbitration, the arbitrator found in favor of Petitioner against RTC in the amount of $829,235.09, plus ...

Excerpt: ...2) liability under Government Code § 820.21; (3) intentional infliction of emotional distress; (4) intentional infliction of emotional distress; (5) unlawful seizure pursuant to 42 U.S.C. § 1983; (6) violation of civil rights pursuant to 42 U.S.C. § 1983; (7) due process pursuant to 42 U.S.C. § 1983; and (8) Monell related claims. On April 26, 2018, The County of Los Angeles and Department of Children and Family Services (DCFS) filed a notice...

Excerpt: ...ts argue that they are entitled to a stay based on due process protections under the Fifth Amendment to the United States Constitution. REQUEST FOR JUDICIAL NOTICE Defendants request judicial notice of Exhibits A – D. Exhibits A – C are executive actions and are judicially noticeable. Exhibit D is this Court's minute order of July 1, 2020, which is judicially noticeable as a court record, but not for the truth of its contents. (See In re Vick...

Excerpt: ...y Esagoff as Trustees for The Abbey and Mojgan Esagoff trust with 20 days leave to amend. On December 7, 2019, Plaintiffs filed the first amended complaint (FAC). Defendants Moghadam and 621 Rodeo Drive LLC filed a demurrer to the FAC on January 9, 2020. On March 6, 2020, without leave of the Court, Plaintiffs Mojgan Esagoffand Abbey Esagoff filed a SAC for negligence against Defendant 621 Rodeo Drive LLC and Does 1 – 50. On the same day, Plain...