Excerpt: ... DEMURRER TO THE SECOND AMENDED COMPLAINT Procedural Background On December 18, 2018, Plaintiff Jeannie Hua (“Plaintiff”) initiated this action against defendants. On April 30, 2019, Plaintiff filed a First Amended Complaint (“FAC”). On February 18, 2020, Plaintiff filed the operative Second Amended Complaint (“SAC”) against defendants Kim Anh Nguyen (‘Defendant') and Does 1 through 100[1] alleging causes of action for (1) Breach of...

Excerpt: ...ants including FCA US LLC (“Defendant”) alleging causes of action for (1) breach of express warranty- violation of the Song-Beverly Act; (2) breach of implied warranty- violation of the Song Beverly Act; and (3) fraudulent inducement- concealment. The operative Second Amended Complaint alleges the following: On February 5, 2016, Plaintiff purchased a new 2015 Chrysler 200 vehicle with express warranties from Defendant. (Second Amended Complai...

Excerpt: ...nd Neglect of a Dependent Adult in Violation of Welfare & Institutions Code Section 15600, (2) Breach of Fiduciary Duty, (3) Intentional Infliction of Emotional Distress, and (4) Professional Negligence by a Healthcare Provider. On February 26, 2020, Defendant filed the instant demurrer and motion to strike as to the first and third cause of action and the prayers for punitive damages and attorney's fees. No opposition or reply has yet been filed...

Excerpt: ...d the instant wrongful termination action against defendants Mobile Modular Development, Inc. (“Mobile Modular”), MMLB Associates (“MMLB”), and DayZ Holdings, LLC (“DayZ”) (collectively “Defendants”).[2] On August 30, 2016, Plaintiffs filed a second amended complaint. Defendants MMLB and DayZ brought a motion for summary judgment or in the alternative summary adjudication challenging in part the sufficiency of the pleadings with r...

Excerpt: ...Company (“7-Eleven”), and Fontem US, Inc. (“Fontem”) and one individual for damages to Edith Anne Petrucci arising out of the use of e- cigarettes and e-vaporizer. On February 1, 2019, Plaintiffs filed the operative Second Amended Complaint. PLAINTIFFS' MOTION TO QUASH SUBPOENAS BY DEFENDANT NU MARK, LLC On August 7, 2019, Nu Mark served subpoenas on: Metal Container Corporation, MCC; Ramko Manufacturing Inc; Scotts Company; Employment De...

Excerpt: ...laint against defendants Best Energy Solutions and Technology Corp. (“Best”), Innospec, Inc. (“Innospec”) (collectively “Defendants”) and Does 1 to 20 alleging causes of action for (1) Unfair Business Practices pursuant to Business and Professions Code section 17200 et seq, (2) interference with contract, and (3) interference with prospective economic advantage. The complaint alleges the following: Between 2006 and 2016, various forms...

Excerpt: ...) and Stillington Limited (collectively “Plaintiffs”) sue Direct Source Management, Inc. dba Chateau Belle (DSM); Eileen Chan (Chan); Michael Winchester (Winchester) (collectively “Defendants/Cross‐Complainants” or “Cross‐Complainants”), and Does 1 through 20 for damages arising from investments Plaintiffs made in congregate living facilities pursuant to allegedly fraudulent misrepresentations by Defendants. On April 3, 2019, Plai...

Excerpt: ... Labor Code. Specifically, her Complaint alleged the following claims under PAGA: (1) Violation of the Equal Pay Act; (2) Failure to Pay Minimum Wages; (3) Failure to Pay Overtime Wages; (4) Failure to Provide Rest Periods; (5) Failure to Reimburse Necessary Business Expenses; (6) Failure to Provide Accurate Wage Statements; (7) Failure to Pay Wages Timely, both during employment and at termination; and (8) Failure to Maintain Accurate Payroll Re...

Excerpt: ...PMI”), Taroub Alsaleh, and Atta Alsaleh (“Alsaleh”) asserting causes of action for unpaid overtime, unpaid meal breaks, unpaid rest breaks, unpaid sick leave, inaccurate wage statements, waiting wage penalties, unfair business practices, failure to provide all records, and wrongful termination in violation of public policy. On September 27, 2019, the Court overruled Defendants' demurrer to the complaint. On October 17, 2019, Defendants file...

Excerpt: ...�Defendant Gibson”) and Does 1 through 25. On September 8, 2017, Plaintiff filed a first amended complaint naming additional defendants Delores Marie Allen, Joel Rodney Mason, and JRM Builders & Development (“additional defendants”). On April 3, 2019, Plaintiff dismissed these additional defendants without prejudice. On May 29, 2019, Plaintiff and these additional defendants stipulated that the dismissal be vacated and replaced with a dismi...

Excerpt: ... and sale of real property against each of the following who had a claim in interest in said funds: Lina Minkovitch, Cross- Complainant Yan Minkovitch (“Cross-Complainant”), the United States of America.[1] and Does 1 through 25. On August 16, 2019, Cross-Complainant filed the instant cross-complaint against Ticor for (1) Negligence, (2) Breach of Fiduciary Duty, and (3) Interference with Prospective Economic Advantage. On October 10, 2019, T...

Excerpt: ...d this action against Defendant Kaiser Foundation Health Plan, Inc. (“Kaiser”) alleging causes of action arising out of Kaiser's alleged failure to reimburse Natividad at a legally permissible rate. On September 12, 2019, Kaiser filed a cross-complaint for Unjust Enrichment against Natividad for any amount that it is determined that Natividad was overpaid. On October 17, 2019, Natividad filed the instant demurrer to the one cause of action of...

Excerpt: ...d as McDonalds, Inc. (Defendant McDonalds), and Does 1 to 99 alleging causes of action related to workplace gender and sexual orientation discrimination and harassment based on Government Code sections 12940 et seq. On December 7, 2018, after the Court partially sustained a demurrer to the complaint with leave to amend, Plaintiff filed a first amended complaint (“FAC”). Plaintiff alleges that Defendant harassed and retaliated against him on t...

Excerpt: ... Realty Mortgage Depot, (“Moving Defendant”), Edith Nunez[1], Juan Rosales, and Does 1 to 25 for Breach of Contract, Quiet Title, Violations of Business and Professions Code section 17200, Negligence, Intentional Infliction of Emotional Distress, and Slander of Title. These causes of action arise out of the sale and ownership of real property. On February 6, 2020, the Moving Defendant filed the instant demurrer and motion to strike. Plaintiff...

Excerpt: ... Jury Trial, 8/20/19.) On November 25, 2019, Defendants filed the instant motion for attorney fees. On February 18, 2020, the parties stipulated to allow a late opposition and reply to this motion. Accordingly, the Court will consider the opposition and reply. On February 18, 2020, Defendant filed an opposition. On February 19, 2020, Plaintiff filed a reply. Evidentiary Objections Defendant objects to the entirety of the Declaration of Anthony Ng...

Excerpt: ...OMPLAINT; Background On July 30, 2019, Plaintiffs Annabelle Dominguez, Asucena Cruz, Elizabeth Icedo, Linzie Fernandez, and Vanessa Pedraza filed the instant case alleging causes of action against 24‐7 Safety, Marathon Petroleum Company, LP, Torrance Refining Company LLC and Does 1 through 100. The Complaint asserts three causes of action for (1) Violation of Business & Professions Code § 17200, (2) Third Party Beneficiary Breach of Contract, ...

Excerpt: ...S LLC (“Defendant”), BN Dealership I, LLC, West Valley Chrysler Jeep, and Does 1 through 10 for (1) Breach of Express Warranty under the Song‐Beverly Act, (2) Breach of Implied Warranty under the Song‐Beverly Act, (3) Fraudulent Inducement, and (4) Negligent Repair. These causes of action arise out of defects in the totally integrated power module which centralizes power distribution to the subject vehicle's electrical system. On January ...

Excerpt: ...lution proceeding entitled: Denise Thomas v. Gary Thomas, Los Angeles Superior Court Case No. PD062850 filed on June 21, 2016 (the “Underlying Action”). In the Underlying Action, Denise Thomas (“Denise”) [1] filed for dissolution of her marriage to Gary Thomas (“Gary”). Denise and Gary had a minor child LGT. Denise was represented by Ernest Calhoon (“Calhoon”). Defendant Elizabeth Castaneda (“Defendant”) was appointed as LGT's...

Excerpt: ... complaint in this action against Corazon Azul Spirits, Inc. (“Corazon”), Rodolfo Gonzalez (“Gonzalez”), and Does 1 through 100 for the alleged failure to pay pursuant to a purchase agreement between the parties for tequila that Plaintiff imported for Defendants' company in 2016. On August 20, 2018, Gonzalez filed an answer to the underlying complaint in his personal capacity. At a case‐management conference on October 29, 2018, Gonzale...

Excerpt: ...Tammy Starnes, Dynamic Legal Recovery, and Does 1-10 alleging (1) breach of contract, (2) services rendered, and (3) declaratory relief. On November 6, 2019, Defendant Tammy Starnes (“Defendant”) filed an answer with a general denial and twenty-eight affirmative defenses. On January 9, 2020, Plaintiff dismissed the third cause of action and dismissed defendant Dynamic Legal Recovery without prejudice. On the same day, Plaintiff filed the inst...

Excerpt: ...bility and/or medical condition by defendants Filmon TV Networks Inc (“Moving Defendant”) and Alki David Productions Inc. Plaintiff alleges thirteen causes of action: (1) disability discrimination in violation of the Fair Employment and Housing Act (“FEHA”), (2) failure to prevent harassment and discrimination in violation of FEHA, (3) failure to engage in the interactive process in violation of FEHA, (4) failure to accommodate in violati...

Excerpt: ... Homeowners' Association (“Plaintiff”) filed two cases to recover unpaid assessment fees due. Case number 18STCV03522 is against Defendants Nikolay Machevsky (“Defendant Nikolay”) and Isabella Kleemoff and relates the property at 10701 Wilshire Boulevard, Unit 1803, Los Angeles, California, 90024. Case number 18STCV035224 is against Defendants Nikolay Machevsky, Isabella Kleemoff, and Michael Kleemoff and relates to the property at 10701 ...

Excerpt: ...r. Kim Anh Nguyen, and Anthony Vu Nguyen. On April 30, 2019, Plaintiff filed the operative first amended complaint (“FAC”) against defendants Mailan Thu Tran, Dr. Kim Anh Nguyen, Anthony Vu Nguyen, Kim A T Nguyen Trust, Sabrina Cordell, and Does 1 through 100 to recover $290,000 that Plaintiff allegedly gave to Anthony Vu Nguyen for safekeeping while she was undergoing medical treatment. Plaintiff alleges that Anthony Vu Nguyen and Dr. Kim An...

Excerpt: ... 10 for the partition of real property by sale located at 1311 and 1311 ½ W. 62nd Street, Los Angeles, CA 90044 (“Subject Property”). Cross-Complainant also seeks declaratory relief that she is a 1/3 owner of the subject property. On January 9, 2020, Cross-Complainant filed the instant motion seeking a preliminary injunction to enjoin cross-defendant Armando Orellana (“Cross-Defendant”) from preventing Cross-Complainant's use of the rear...

Excerpt: ...tant action against Defendant Los Angeles Community College District (“Defendant”) and Jesus S. Sanchez alleging claims under the Fair Employment and Housing Act for discrimination and harassment. Plaintiff alleges that Defendant Jesus S. Sanchez discriminated against and harassed Plaintiff from 2012 to 2018. (Complaint ¶¶ 9-28.) During this time period, Plaintiff filed multiple complaints of the alleged harassment and discrimination, but n...