Excerpt: ...parties requests an order sustaining the demurrer to the First Amended Complaint regarding Intentional Infliction of Emotional Distress, and granting the motion to strike punitive damages, and ratification allegations, on bases including the following:  Intentional Infliction of Emotional Distress is unsupported.  The FAC alleges no facts indicating Defendant misrepresented Plaintiff's employment status at the time they updated his employme...

Excerpt: ...HE10 (“USB”). JOINDER OF MORTGAGE GUARANTY INSURANCE CORPORATION TO DEFENDANT U.S. BANK NATIONAL ASSOCIATION'S DEMURRER TO COMPLAINT. RP: Plaintiff Summary On 3/10/21, Plaintiff JERRILYNN ROBERSON, a self-represented litigant, filed a Complaint, alleging that defendants ERIC MICHAEL PONY and LIFETIME FINANCIAL, INC. engaged in a predatory lending scheme to cheat homeowners like Plaintiff out of substantial home equity, by enticing homeowners ...

Excerpt: ...ecame the Chief Deputy City Attorney in 2006, Plaintiff's performance while working as a Deputy City Attorney became falsely and unfairly handled based on the pretext of poor work performance, leading to years of retaliation for Plaintiff's complaints, harassment (e.g., yelling, defamation, ridicule, bias against Plaintiff, and profanity), criticisms of Plaintiff's childcare needs, disproportionate assignments and disciplines, wrongful terminatio...

Excerpt: ...inancing commitment, and pay a two-percent success fee to Plaintiff, if any senior secured debt financing was closed during Plaintiff's exclusive period to obtain such financing. The causes of action are: (1) BREACH OF CONTRACT (2) FRAUD – FALSE PROMISE (3) INTENTIONAL INTERFERENCE WITH CONTRACTUAL RELATIONS (4) NEGLIGENT INTERFERENCE WITH PROSPECTIVE ECONOMIC RELATIONS (5) BREACH OF THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING. MP Posit...

Excerpt: ... a First Amended Complaint, alleging that Defendant CLEAN UP AMERICA, INC. (CUA) failed to pay all sums due for professional waste transportation services, in a project, and defendants MERCO, LLC and/or CAL-DORAN REL ESTATE, INC. are the owners of the subject real property. Those causes of action are: 1. BREACH OF WRITTEN CONTRACT 2. COMMON COUNTS. On 6/26/20, Plaintiff filed a request for dismissal of Plaintiff's entire action, filed 6/26/20. On...

Excerpt: ...terior. The causes of action are: 1. VIOLATION OF SONG-BEVERLY ACT - BREACH OF EXPRESS WARRANTY 2. VIOLATION OF SONG-BEVERLY ACT - BREACH OF IMPLIED WARRANTY 3. VIOLATION OF THE SONGBEVERLY ACT SECTION 1793.2 4. NEGLIGENT REPAIR. MP Positions Moving party requests an order granting judgment on the pleadings as to the Complaint, on grounds including the following:  Standing: The Song-Beverly Act establishes that Ordonez is not a “buyer” wit...

Excerpt: ...alance owed. The causes of action are: 1. BREACH OF CONTRACTS; 2. OPEN ACCOUNT; 3. ACCOUNT STATED; 4. GOODS SOLD AND DELIVERED (QUANTUM VALEBANT); 5. CONVERSION; 6. CLAIM AND DELIVERY; 7. PROMISE WITHOUT INTENT TO PERFORM; 8. INTENTIONAL MISREPRESENTATION; 9. NEGLIGENT MISREPRESENTATION; 10. FRAUDULENT TRANSFERS/CONVEYANCES/CONSPIRACY TO DEFRAUD, AND TO SET ASIDE OR ANNUL FRAUDULENT TRANSFERS/CONVEYANCES; 11. FRAUDULENT TRANSFERS/ CONVEYANCES, AN...

Excerpt: ... filed a Complaint alleging that defendants subjected them to continuous discrimination and harassment, based on race, disabilities, and protests, including public belittlement, false accusations and evidence tampering. The causes of action are: 1. REDRESS PROSCRIBED HARASSMENT 2. REDRESS DFEH PROSCRIBED RACE DISCRIMINATION 3. REDRESS DISABILITY DISCRIMINATION 4. REDRESS DFEH-PROSCRIBED RETALIATION 5. REDRESS DISCRIMINATION DUE TO ASSOCIATION 6. ...

Excerpt: ...ant ROUTE 66 POST ACUTE LLC, where she worked as a dietary aid, until August 2019, representing a class of approximately 357 current and former nonexempt hourly employees, asserting Defendant is liable for (1) failing to provide rest periods; (2) failing to provide uninterrupted, 30-minute minimum first and second meal periods; (3) failing to timely pay all wages owed; (4) failing to provide accurate payroll records; and (5) engaging in unlawful ...

Excerpt: ...fined in terms of the court's loss of ability to grant effective relief.” Breaux v. Agricultural Labor Relations Bd. (1990) 217 Cal. App. 3d 730, 743. Collateral Estoppel - Affirmative Defenses Of Estoppel (7th), Unclean Hands (8th), Breach Of Contract/Excuse (10th), Comparative/Contributory Fault (15th), Indemnity/Contribution (17th), And Offset/Setoff (22nd). The issues in the earlier proceedings were in very different procedural and legal co...

Excerpt: ...iff can perform job), 3 (whether Plaintiff was retaliated against before a delayed transfer accommodation), 6 (whether Defendant retaliated or engaged in interactive process and reasonably accommodated, by medical leave, in questioning the disability, delaying Workers' Compensation benefits, and removing Plaintiff's police powers and equipment), 7 and 24 (whether Defendant denied reasonable accommodation after requested return to work), 19-22 (wh...

Excerpt: ... are the parents of two sisters who died in April 2019, after being run over by a dump truck, while they were pedestrians in a crosswalk, on route to middle school, due to the failure to provide for previously school-arranged crossing guards for student safety on particularly dangerous streets near the school, at a time a substitute crossing guard was needed. MP Positions Moving party requests an order sustaining the demurrer to the Second Amende...

Excerpt: ...ity property of the marriage. The causes of action are: 1. FRAUDULENT TRANSFER OF ASSETS; 2. AVOIDANCE OF FRAUDULENT TRANSFER OF ASSETS; 3. BREACH OF FIDICUARY DUTY; 4. QUIET TITLE. MP Positions Moving party requests an order quashing Defendant's deposition subpoena to Chase Bank, and awarding discovery sanctions ($3,540), on bases including the following: 1. Defendant failed to serve on Ms. Vargas and Plaintiff a notice to consumer and a copy of...

Excerpt: ...rate property acquired outside of marriage, and Plaintiff relied on Defendant's representations as a knowledgeable law student, regarding filing a Joint Petition for Dissolution of Marriage based on having no community assets. Further, Defendant inflicted emotional distress when he falsely emailed to Plaintiff's employer that Plaintiff had faked practicing her employing entity's religion, and that Plaintiff hacked Defendant's email and was engage...

Excerpt: ...ns to Plaintiff, and from Defendant's intentional misclassification of Plaintiff as an independent contractor, working in property management. MP Positions Moving party requests the Court to enforce the discovery order of 9/2/20, and to impose $6,246.15 sanctions, on grounds including the following:  Defendant was ordered to produce all financial records reflecting revenues and expenses pertaining to specific properties Plaintiff alleges he br...

Excerpt: ...e, CA 91733. Chan alleged that Defendants were the landlords and he was the tenant at the property, and that Defendants breached the warranty of habitability by leasing the property to Chan. The complaint alleged causes of action for: 1) FRAUD BY INTENTIONAL MISREPRESENTATION; 2) PERSONAL INJURIES BASED ON NEGLIGENCE (Civ. Code §§ 1714(a), 3333); 3) RETROACTIVE RENT ABATEMENT; 4) BREACH OF IMPLIED WARRANTY OF HABITABILITY; 5) NEGLIGENT MAINTENA...

Excerpt: ... 3. FRAUD 4. COMMON COUNT OF MONEY HAD AND RECEIVED. On 4/19/21, Plaintiff filed a Request for Dismissal of Defendant, Soli Besharat. MP Positions Moving party requests an order sustaining the demurrer to the Complaint, on bases including the following:  There is no corporation named Soli Architectural Services, Inc., and so a defect or misjoinder of parties exists, and the Court should sustain Defendant's Demurrer as to Plaintiff's entire com...

Excerpt: ...rth Mentor Avenue, Pasadena, and the City filed the operative Second Amended Complaint to permanently enjoin Defendants from operating unlawful and unlicensed cannabis dispensaries and to abate these dispensaries as nuisances per se Judgment on the pleadings against defendants was entered on 3/23/21. MP Positions Moving party requests attorneys' fees, on grounds including the following:  The City is entitled to recovery of its reasonable attor...

Excerpt: ...provisions, by withholding rent and other payments, under the pretext of a pandemic, whereas their employees continued to occupy the leased premises. The causes of action are: 1. BREACH OF CONTRACT 2. ANTICIPATORY BREACH OF CONTRACT. On 2/24/21, Defendant EDLIO, LLC filed a Cross-Complaint against Plaintiff, including allegations that the lessor's failure to provide improved air conditioning for inhibiting the Covid- 19 virus caused constructive ...

Excerpt: ...ntiff Summary On 3/10/20, Plaintiff FRANCI ZALON filed a Complaint alleging that, Defendant, a Homeowners Association, failed to repair moisture intrusions and flooding, defective water proofing and defective structural components of the common areas, at Whitsett Court Condominiums, where Plaintiff is an owner of a condominium unit. The causes of action are: 1. BREACH OF GOVERNING DOCUMENTS (BYLAWS/CC&RS) - CAL. CIV. CODE §§4775, 5975) 2. NEGLI...

Excerpt: ...t alleging that Defendant, doing business as “Ganas,” sold Plaintiff a 2009 GMC Sierra, in poor mechanical condition, and not really adequately inspected as part of its certification process, as advertised on its website. The causes of action are: 1. VIOLATION OF THE CONSUMERS LEGAL REMEDIES ACT, CIVIL CODE § 1750, ET SEQ; 2. FRAUDULENT MISREPRESENTATION; 3. NEGLIGENT MISREPRESENTATION; 4, VIOLATION OF THE SONG-BEVERLY CONSUMER WARRANTY ACT,...

Excerpt: ...ons that repair costs for purported damage to a 2016 Mercedes-Benz S600 Maybach were $45,730.03, which Safeco paid to Defendants pursuant to an automobile insurance policy. On 4/26/21, Defendant SARKIS EKIMYAN filed a form Cross-Complaint against Plaintiff, alleging breach of contract because the insurer failed to pay $131,863.63 in repairs to the contracting insured Cross-Complainant, for the insured vehicle, following an automobile collision. M...

Excerpt: ...s, under the pretext of a pandemic, whereas their employees continued to occupy the leased premises. The causes of action are: 1. BREACH OF CONTRACT 2. ANTICIPATORY BREACH OF CONTRACT. On 2/24/21, Defendant EDLIO, LLC filed a Cross-Complaint against Plaintiff, including allegations that the lessor's failure to provide improved air conditioning for inhibiting the Covid- 19 virus caused constructive eviction, and having claims for: 1. RESTITUTION B...

Excerpt: ...MP Positions Moving party requests an order compelling Defendant's further responses to Plaintiff's Request for Production of Documents numbers 30-33, and awarding $2,310 in sanctions, on bases including the following:  The requests seek documents and evidence describing or tracking repairs related to various consumer complaints from the same make, model, and year as Plaintiff's vehicle, which are relevant to prove a violation of the Song-Beve...

Excerpt: ...iff's recorded easement for the sole use of a brick patio situated on Defendants' property, and built several structures on Plaintiff's Property. The causes of action are: 1. TRESPASS 2. PRIVATE NUISANCE 3. NEGLIGENCE 4. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 5. QUIET TITLE (EASEMENT) 6. PUBLIC NUISANCE 7. TRESPASS 8. PRIVATE NUISANCE 9. TRESPASS 10. PRIVATE NUSINANCE. On 2/19/19, defendants filed a First Amended Cross-Complaint against Pla...