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...

Excerpt: ...the deposition of Defendant Christopher Brown (“Defendant Brown”) appoint a referee, and request for sanctions on December 17, 2019.[1] On January 17, 2010, Defendant Brown filed an opposition. On January 28, 2020, Plaintiff filed a reply. Legal Standard Pursuant to CCP § 2025.450, if after service of a deposition notice, a party to the action, without having served a valid objection, fails to appear for examination, or proceed with it, or t...

Excerpt: ...Cuban Restaurant; Teresa Montez; Fernando Montez; Hector Solis; Elizabeth Solis; Jose Chavez; and Does 1 to 20 for (1) breach of contract, (2) conspiracy to commit fraud, and (3) fraud. On September 23, 2016, Plaintiff filed a First Amended Complaint for (1) breach of contract, (2) conspiracy to commit fraud, (3) fraud, and (4) intentional infliction of emotional distress. Plaintiff also added Alevy Family Trust CV LLC as a defendant. On May 17, ...

Excerpt: ...ote with Plaintiff wherein Plaintiff agreed to loan Defendant a total of $100,000, and Defendant agreed to pay back the $100,000 to Plaintiff within two years, together with interest. (Complaint ¶ 10- 11.) Defendant has failed to and refuses to pay any monies in repayment to Plaintiff. (Id.) Plaintiff commenced this action on June 13, 2018. Plaintiff filed proof of service of the summons on September 7, 2018. Default was entered against Defendan...

Excerpt: ...Robert Petrucci (jointly “Plaintiffs”) commenced this action against approximately seventeen companies including moving party Nu Mark LLC. (“Nu Mark”), and one individual for causing injuries to Edith Anne Petrucci arising out of the use of e-cigarettes and e-vaporizers. On July 23, 2018, Nu Mark served Plaintiff Edith with its first set of special interrogatories, which included twenty questions, and Requests for Production, which reques...

Excerpt: ...ly Consumer Warranty Act alleging issues with the fuel supply tube, battery system, unexpected shutoffs, excessive oil consumption, and check engine lights. On October 28, 2019, Plaintiff filed the instant motion to compel Defendant's further responses to special interrogatories. On January 14, 2020, Defendant filed an opposition. On January 21, 2020, Plaintiff filed a reply. Legal Standard CCP § 2030.300 provides that “[o]n receipt of a respo...

Excerpt: ...iled the instant action against defendants Lisa Ann Barkett aka Lisa Denton Barkett (“Lisa”), William J. Barkett (“William”), BMF Limited LLC (“BMF”), Merjan Financial Corporation (“Merjan”), New English Rancho, LLC (“New English”), Silverado Street LLC (“Silverado”), Castaic Partners, LLC (“Castaic”), Castaic Partners II, LLC (“Castaic II”), and Castaic Partners III, LLC (“Castaic III”) (collectively “Defend...

Excerpt: ...ersity (“CIU”), President of CIU Moon Park (“Park”), and Plaintiff's supervisor David Haddad (“Haddad”) (collectively “Defendants”) and Does 1 to 100 for (1) Discrimination on the Bases of Race, Ancestry, Ethnicity, and/or National Origin, (2) Hostile Work Environment Harassment on the Bases of Race, Ancestry, Ethnicity, and/or National Origin, (3) Retaliation for Engaging in Protected Activity, (4) Failure to Prevent Discriminati...

Excerpt: ...��) commenced this action against Defendants Contractor Crews Inc., GR Marble & Tile, Inc., A Plus Ventures, LLC and DOES 1 through 100 alleging (1) breach of contract, (2) breach of express warranty, (3) breach of implied warranty, and (4) negligence. On March 21, 2018, Contractor Crews, Inc. filed a Cross-complaint against ROES 1 through 20 for indemnity and contribution. On March 20, 2019, Defendant A Plus Ventures, LLC (“Defendant” or “...

Excerpt: ...en (“Plaintiff”).[1] On September 27, 2016, Plaintiff filed this suit against defendants Zev Technologies, Inc. and RPT Consulting, LLC (“RPT”). On November 7, 2016, Defendant Zev Technologies (“Cross-Complainant”) filed a Cross-Complaint for indemnity, contribution, and apportionment of fault against Cross- Defendants ROES 1 through 100. On August 3, 2017, Cross-Complainant filed a Roe amendment naming Cross-Defendant Leaf Supply & S...

Excerpt: ...athon G. Keith (as trustee of the Jonathon G. Keith Trust) and Jonathon G. Keith (individually) alleging causes of action for breach of contract and promissory fraud. The complaint alleges the following: Jonathon Keith (“Keith”) was the owner/seller of residential real property commonly referred to as 3340 Crestford Drive, Altadena, CA 91001 (hereinafter “Property”). (Complaint ¶ 6.) On August 26, 2016, Keith as Trustee of the Jonathon K...

Excerpt: ...nt”) and Does 1 through 10 for allegedly failing to provide reproductions and observation as required pursuant to the parties' architectural services contract. (First Amended Complaint, ¶¶ 7-28.) Plaintiff asserts two causes of action for breach of contract and violations of Business and Professions Code section 5500 et. seq. On October 23, 2018 -- while the instant case was still pending in the original, Limited Civil Department – Defendan...

Excerpt: ...Subject Vehicle”) manufactured and/or distributed by Defendant General Motors LLC (“Defendant”). Plaintiff alleges that the Subject Vehicle was delivered to Plaintiff with serious defects and nonconformities to warranty, including to the OnStar system, antennas, GPS system, and suspension. On October 17, 2019, Plaintiff Merle David Hammer filed the instant motion to compel Defendant's further responses to Plaintiff's Request for Production ...

Excerpt: ...ahmani Nejad (“Plaintiff”) filed the operative First Amended Complaint (“FAC”) against defendants Berenji & Associates (“the Law Firm”), Hossein F. Berenji, (“Berenji”), Jack Zuckerman, (“Zuckerman”), Christopher R. Abernathy, (“Abernathy”), Eugene Carson, III, (“Carson”) and Does 1 to 100 (jointly “Defendants”) alleging ten causes of action related to legal malpractice in connection with the Law Firm's representat...

Excerpt: ...LLC (“Defendant”) for Defendant's failure to obey Court orders compelling responses to Plaintiff's written discovery demands and requiring payment of monetary sanctions by Defendant. Plaintiff also requests issue sanctions as an alternative remedy. Finally, Plaintiff requests monetary sanctions for his costs and attorneys' fees incurred in bringing this motion. Plaintiff refiled his motion and reply on August 30, 2019 and September 18, 2019 r...

Excerpt: ...ts”) for recovery on guarantee agreements. The complaint alleges the following: Defendants, brother and sister, were the de facto owners of Trianda, Inc., a corporation to which Plaintiff delivered several kilograms of gold. Beginning in May 2018 through November 2018, in five separate transactions, Plaintiff delivered to Trianda 43000 grams of “999 Gold” for a total price of $181,747.00 pursuant to a “Memorandum” creating a “contract...

Excerpt: ...n to compel further responses to Plaintiff's special interrogatories, set one (“SROG”). On December 23, 2019, Defendant filed an opposition. On December 27, 2019, Plaintiff filed a reply. Legal Standard CCP § 2030.300 provides that “[o]n receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that any of the following apply: (1) An answer to a partic...

Excerpt: ...laratory relief arising from their dispute over the rents to be paid under a lease for a tract of land. On July 28, 2015, Plaintiffs filed their complaint asserting a sole cause of action for declaratory relief. On November 13, 2015, Defendant filed a cross‐complaint against Plaintiffs asserting causes of action for (1) declaratory relief, (2) rescission for mutual mistake, (3) rescission for frustration of purpose, and (4) breach of contract. ...

Excerpt: ...ey Court orders compelling responses to Plaintiff's written discovery demands and requiring payment of monetary sanctions by Defendant. Plaintiff also requests issue sanctions as an alternative remedy. Finally, Plaintiff requests monetary sanctions for his costs and attorney's fees incurred in bringing this motion. Plaintiff refiled his motion and reply on August 30, 2019 and September 18, 2019 respectively requesting the same relief. Defendant h...

Excerpt: ...rchase of a 2011 Volkswagen Tiguan, VIN WVGAV7AX4BW549707 (Subject Vehicle) that was sold and manufactured by Defendant Volkswagen Group of America Inc. Procedural History On August 3, 2018, Plaintiff served Defendant with his first set of requests for production of documents (RPD). (Morse Decl., ¶ 3, Exh. A.) Defendant served verified responses to Plaintiff's discovery request on September 7, 2018 via mail. (Id. ¶ 4, Exh. B.) The parties' coun...

Excerpt: ..., and Nick Kim (collectively, Defendants) for damages arising under Defendants' alleged violations of consumer protection laws in manufacturing, marketing, and distributing various health remedies to support healthy immune function. On June 24, 2019, Plaintiff filed this motion to compel further discovery responses and exclude all evidence not produced by Defendants in a timely manner. On September 11, 2019, Defendants filed their opposition. The...

Excerpt: ...n Mifflin (collectively, Defendants), for damages arising from Defendants' alleged legal malpractice. Specifically, Plaintiff alleges that she retained Defendants in March 2016 to represent her following a slip and fall accident at a McDonald's restaurant on March 22, 2016. (Complaint ¶ 8.) Plaintiff further alleges that Defendants failed to file her personal injury action within the relevant statute of limitations, thus precluding her from purs...

Excerpt: ...pay Plaintiff's claimed physical damage to his home under Defendant's homeowner insurance policy (Policy) after the La Tuna brush fires damaged Plaintiff's home and personal property in September 2017. Factual Background Plaintiff alleges that, after conducting a walkthrough at his house on October 13, 2017 with Defendant's adjuster, Plaintiff received a letter from Defendant in December 2017 in which Defendant estimated Plaintiff's damages but r...

Excerpt: ...nd retaliation after he complained to his general manager that his workload and interrupted meal breaks were causing him stress at work, requested to be removed as a supervisor, and was placed on medical leave for a week pursuant to a doctor's note from a clinic to which he had been referred by Employers. Employee alleges that his damages arise from Employers' failure to engage in a good faith interactive process when he complained of workplace s...

Excerpt: ...nstant motion to compel further response and production of documents, set one, (RPD) from defendant Viper Room Sunset LLC (Defendant). Plaintiff also requests sanctions against Defendant and Defendant's attorneys in the amount of $5,282. On August 15, 2019, Plaintiff filed a notice advancing the hearing date on its motion to compel further response and production of documents from March 20, 2020 to September 17, 2019. On September 4, 2019, Defend...

Excerpt: ...rough which Plaintiff would sublet office space to Defendant. Plaintiff alleges that Defendant began to withhold rent in 2014 after Plaintiff had renovated the office space pursuant to a promise from Defendant that he would sign a long-term lease to rent the space from Plaintiff. On April 23, 2018, Plaintiff filed his complaint. On October 2, 2018, Plaintiff filed proof of service of the Summons and Complaint reflecting service on September 25, 2...

Excerpt: ...utions from a former client, Gerson Fox, against Defendant, a competing creditor. Procedural History On October 21, 2014, Plaintiff filed its complaint against Defendant and Does 1 through 10 asserting a single cause of action for declaratory relief. On April 2, 2019, Plaintiff requested dismissal without prejudice of the entire action. On April 11, 2019, Defendant filed a memorandum of costs. On April 24, 2019, Plaintiff filed this opposed motio...

Excerpt: ...an Sentra (Subject Vehicle). Plaintiff alleges the following: She purchased the Subject Vehicle, VIN: 3N1AB7APXFY265111 on September 5, 2015. (Compl. ¶ 8.) During its warranty period, the Subject Vehicle experienced serious transmission malfunctions which Defendant was unable to repair within a reasonable amount of time. (Compl. ¶ 11.) Defendant has been aware of the design defects in their vehicles since January 3, 2013. (Id. at ¶ 29.) Defend...

Excerpt: ... former employer, Defendant East Valley Glendora Hospital, LP (Defendant) as an aggrieved employee pursuant to the Private Attorneys General Act for alleged wage and hour violations pursuant to the Labor Code. On January 26, 2016, Plaintiff provided written notice by certified mail to the Labor and Workforce Development Agency (LWDA) and Defendant of the specific provisions of the Labor Code she alleged Defendant violated, including facts and the...

Excerpt: ...c Company Inc, and Michael Ann McReynolds (McReynolds) to recover damages from a breach of contract between the parties for imported footwear. Plaintiff refers to itself as “NZS” and describes itself as a Chinese footwear manufacturer. (FAC ¶ 1.) Plaintiff refers to Defendant as “IPC” and describes Defendant as a Los Angeles‐based footwear importer with its principal business office located at 2257 Colby Avenue, Los Angeles, CA 90064. ...

Excerpt: ...D. Magnuson (Magnuson), its competitor, R-T Specialty Insurance Services, LLC (R-T Specialty), and Does 1 through 20 (collectively Defendants) for misappropriation of trade secrets. Hale and Cristina Moreno (collectively, Employees) filed a cross-complaint against Employer for wage and hour law violations. Specifically, Employees allege that from April 2008 to January 2014, Employer (1) required them to work in excess of eight hours per day and i...

Excerpt: ...es Municipal Water District (Respondent) for damages for increased costs of construction and for extension of contract time related to extra work caused by deficiencies in the contract plans and specifications. Petitioner also seeks additional contract time and costs related to rain delays. After holding an arbitration hearing from August 27, 2018 to August 30, 2018, on January 15, 2019, the arbitrator, Paul R. Fine (Arbitrator), made an arbitrat...

Excerpt: ... Playboy Enterprises, Inc. (Plaintiff) brought this action for fraud and breach of contract against Global BlockChain Technologies Corporation (GBT) and Does 1 through 10. On March 1, 2019, Plaintiff filed its operative first amended complaint (“FAC”) for (1) Fraud and Intentional Deceit; (2) Negligent Misrepresentation; (3) Breach of Contract; (4) Breach of the Implied Covenant of Good Faith and Fair Dealing; (5) Breach of Contract – Third...

Excerpt: ... C&H TRUST DEED SERVICE AND COBY HALAVAIS'S DEMURRER TO THE FIRST AMENDED COMPLAINT MOVING PARTY: (1) Defendants Christina Ferra Gilmore aka Christina Blair individually and as Executor of the Estate of Mary Lou Ferra (Gilmore) and (2) Canary Asset Management, Inc. (Canary), C&H Trust Deed Service (C&H) and Coby Halavais (Halavais). RESPONDING PARTY: Plaintiff Maria Ferra (Plaintiff) The Court has considered the moving, opposition and reply paper...

Excerpt: ...tiff filed his complaint asserting a single cause of action for fraud alleging he suffered (1) wage loss, (2) loss of use of property, (3) hospital and medical expenses, (4) general damage, (5) property damage, (6) loss of earning capacity, and (7) other damage. Plaintiff prays for compensatory damages in the amount of $1,000,000 against Defendant. Plaintiff is self-represented. Self-represented litigants are held to the same standards that apply...

Excerpt: ... for fraud and breach of contract against Global BlockChain Technologies Corporation (GBT) and Does 1 through 10. On March 1, 2019, Plaintiff filed its operative first amended complaint (“FAC”) for (1) Fraud and Intentional Deceit; (2) Negligent Misrepresentation; (3) Breach of Contract; (4) Breach of the Implied Covenant of Good Faith and Fair Dealing; (5) Breach of Contract – Third Party Beneficiary; (6) Intentional Interference with Cont...

Excerpt: ...FCA US LLC (Defendant). On November 27, 2018, Nir Even (Plaintiff) served Defendant with form interrogatories (set one) (FROG). (Mot. p. 3:19‐20; Alan Decl., ¶ 2 Exh. A.) Defendant served responses to Plaintiff's FROGs on January 2, 2019 via mail. (Mot. at p. 3:20‐21; Alan Decl., ¶ 3, Exh. B.) The parties' counsel exchanged correspondence by mail and electronic mail on January 10, 2019 and January 23, 2019. (Id. at p. 3:22‐ 24; Alan Decl....

Excerpt: ... and Cross‐Complainant, DAVID SILVERIA (Cross‐Complainant) The Court has considered the moving, opposing, and reply papers. BACKGROUND Cross‐Defendants sued Cross‐Complainant to enforce a settlement after Cross‐Complainant allegedly sought royalties from SoundExchange, a management organization that collects and distributes digital performance royalties to featured artists and copyright holders, nearly two years after Cross‐Complainan...

Excerpt: ...e moving papers. The Court is not in receipt of any opposition or reply papers. BACKGROUND On July 13, 2018, Plaintiff filed this action against defendants Hollywood, Imperium Security Specialists Inc (Imperium), Toni Garcia (Garcia), and Does 1 through 50. On September 12, 2018, Plaintiff filed his first amended complaint. On February 28, 2019, the Court granted Hollywood's motion to strike with leave to amend. The Court struck Plaintiff's praye...

Excerpt: ...a, VIN # 2C4RC1N79JR129419 (“subject vehicle”) sold and manufactured by Defendant FCA US LLC (Defendant). On August 17, 2018, Plaintiff served Defendant with request for production of documents (set one) and special interrogatories (set one.) (Mizrahi Decl., ¶ 17, Exh. L.) Defendant served responses to Plaintiff's discovery requests on September 20, 2018 via mail. (Id. ¶ 17, Exhs. M and N.) The parties' counsel exchanged correspondence betw...

Excerpt: ...Bagheri BACKGROUND Introduction Farideh Bagheri (Bagheri) sues Ann C. Stevenson (Stevenson) for quiet title and to cancel a 2017 deed that Stevenson executed on a property that Stevenson allegedly had previously transferred to Bagheri in 2006 by quitclaim deed. Factual Background Bagheri alleges that Stevenson had been her next‐door neighbor for more than 35 years, and they had developed a close relationship. In 2006, Stevenson asked Bagheri to...

Excerpt: ...ina Cordell, and Does 1 through 100 to recover $290,000 that she allegedly gave to Anthony for safekeeping while she was undergoing medical treatment. Plaintiff alleges that Anthony and Kim are spouses and the god- parents of her daughter. Plaintiff further alleges that Anthony gambled away that money and agreed to secure that debt with a promissory note encumbering their home in Huntington Beach (“the property”). On April 30, 2019, Plaintiff...

Excerpt: ...ue, Los Angeles, California 90043 (the “Property”). Petitioner's counsel Kristen L. Erney states that on July 12, 2019, Petitioner received notice from Respondent that its mechanic's lien was released on June 28, 2019. (Decl. Erney, ¶ 10; Exh. F.) The undisputed material facts are as follows: Petitioner owns the Property with the legal description of Tract No. 900 Lot 50. Subdivision: 900. Municipality / Township of REGION/CLUSTER 09/09401. ...

Excerpt: ...HABANA INC.'S DEMURRER AND MOTION TO STRIKE MOVING PARTY: Defendant Old Habana Inc. (Demurrer and Motion to Strike) and Defendants Teresa Montez and Fernando Montez (Joinder) RESPONDING PARTY: Plaintiff Abraham Gomez The Court has considered the moving and opposition papers. No reply papers have been filed. BACKGROUND On September 2, 2016, Plaintiff Abraham H. Gomez (“Plaintiff”) filed a complaint against Defendants Havana Vieja Cuban Restaur...

Excerpt: ...“Plaintiff Robert”) (collectively, “Plaintiffs”), a married couple, initiated this action arising out of Plaintiff Edith's alleged exposure to toxic chemicals and injuries suffered from using of e‐cigarettes, vaporizers, vapor juices, liquids, and other chemical products manufactured and delivered by Defendants 7‐Eleven Distribution Company (“7‐Eleven”), Almond Corporation, Blue Label Elixir, Cosmic Fog Vapors, LLC (“Cosmic Fo...

Excerpt: ...ntiff filed a complaint against Defendants Manuel L. Reynoso, Rey and Rey Foods, <0052000f00030044005100 00030057004b00550052[ugh 10. On February 5, 2019, Plaintiff's counsel filed a request for dismissal on behalf of Plaintiff, Alma Cortes. On March 21, 2019, Plaintiff filed this motion to set aside the dismissal pursuant to Code of Civil Procedure section 473(b). Code of Civil Procedure section 473(b) requires that a court vacate any default or...

Excerpt: ...le (“Plaintiff”) filed a complaint against Defendant Patrick W. Henning (“Defendant”) for general negligence, intentional tort, and fraud. On May 9, 2019, Defendant filed the instant demurrer to the complaint. No opposition has been filed. LEGAL STANDARD Meet and Confer Requirement CCP Section 430.41(a) requires that “[b]efore filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone...

Excerpt: ... has considered the moving papers. BACKGROUND Plaintiff Ebony Sarkany has brought the instant action against defendants Mark Very, William Little, Roberto Sanchez, and BME Real Estate alleging that Defendant Very rented multiple studio units in Plaintiff's building to multiple tenants in each unit, and Defendants Little, Sanchez, and BME Real Estate allowed him do so. Plaintiff also alleges that Defendant Very engaged in harassing conduct against...

Excerpt: ...nd On January 24, 2019, Plaintiff Billie R. Tubbs (“Plaintiff”) filed a complaint against Defendant General Motors LLC (“Defendant”), asserting causes of action for violation of Civil Code §1793.2(d), violation of Civil Code §1793.2(b), violation of Civil Code §1793.2(a)(3), breach of express written warranty, breach of the implied warranty of merchantability, violation of the Magnuson‐Moss Warranty Act, and fraud by omission. Legal ...

Excerpt: ...Car (“Defendant”) for Defendant's failure to obey Court orders compelling responses to written discovery. Defendant has not filed any opposition. LEGAL STANDARD Pursuant to CCP Section CCP § 2030.290(c), “[i]f a party . . . fails to obey an order compelling answers [to interrogatories], the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter...

Excerpt: ...Anthony Lardas (“Lardas”), and Serafin Rodriguez (“Rodriguez”) RESPONDING PARTY: Plaintiff Bernoldor Hair (“Plaintiff”) The Court has considered the moving, opposing and reply papers. BACKGROUND On April 19, 2018, Plaintiff filed this action against defendants 2Mangas, Lardas, Rodriguez, McDonalds, and Does 1 to 99 alleging causes of action related to workplace gender and sexual orientation discrimination and harassment based on Gover...

Excerpt: ...oving, opposing, and reply papers. BACKGROUND This is a breach of oral contract and fraud action arising from an allegedly deceptive marriage and business arrangement. Plaintiff Katie J. Song alleges that Defendant was in the United States on a vacation visa. While here, he designed a scheme to marry her so that he could lawfully remain in the United States and take her assets. Specifically, Defendant had Plaintiff liquidate her assets, buy a mor...

Excerpt: ...tiff”) alleges that he purchased a 2016 Ford Transit (the “Vehicle”) manufactured by Defendant from Puente Hills Ford. It is alleged that during the warranty period, the Vehicle exhibited electrical and drivetrain systems failures. Plaintiff alleges that despite presenting the Vehicle to Defendant for multiple repairs, Defendants refused and failed to repair the Vehicle and to conform the Vehicle to applicable warranties. On October 25, 201...

Excerpt: ...ing, and reply papers. BACKGROUND This case arises out of the alleged misappropriation of Plaintiff's publicity rights. In 1994, an unrelated third party paid Plaintiff, a professional model, to appear as the subject of a photograph to promote skin care products. (First amended complaint (“FAC”) ¶ 7.) Plaintiff alleges that she granted only a limited right to that third party to use her likeness in that photograph. (Ibid.) Plaintiff alleges ...

Excerpt: ... Gonzalez (“Plaintiff”) as a special education teacher. Plaintiff alleges that her supervisor Defendant Cora Watkins and LAUSD (“Defendants”) engaged in discriminatory, harassing, and retaliatory conduct against her, and refused to accommodate her physical and mental disabilities. (Complaint ¶ 9.) On December 6, 2017, Plaintiff filed her complaint, alleging seven causes of action: (1) discrimination based on physical disability; (2) disc...

Excerpt: ...nian”), Taline Ohanian Khafardian (“Khafardian”)[1], and Does 1‐20 (1) to foreclose lien for breaches of life tenant (Civil Code section 840) and for (2) interference with contract, (3) breach of release, (4) declaratory relief, and (5) declaratory relief. Plaintiff alleges that Defendant Ohanian is his stepfather, and Defendant Khafardian is Ohanian's biological daughter. Plaintiff alleges that his mother, Ani Keghasik Ohanian (“Ani”...

Excerpt: ...nt”)[1] RESPONDING PARTY: LUIS COCKRELL (“Plaintiff”) The Court has considered the moving, opposing and reply papers. BACKGROUND On December 6, 2018, Plaintiff filed this action against ELVIN GALINDO (hereinafter “DEFENDANT”); GILBERT ORTIZ, an Individual (hereinafter “Ortiz”); SP PLUS CORPORTATION, a Delaware Corporation dba STANDARD PARKING, INC. (hereinafter “Standard”); and DOES 1‐5, inclusive for (1) unpaid wages; (2) fai...

Excerpt: ...ffs”) filed the second amended complaint in this action against Defendants Law Offices of Spotora & Associates, P.C. (“S&A”), Anthony J. Spotora (“Spotora”), and Bruce A. Fields (“Fields”) (collectively “Defendants”), asserting causes of action for breach of contract, negligent malpractice, breach of fiduciary trust, rescission of contracts, and declaratory relief. Legal Standard C.C.P. §128.7(a) provides, in pertinent part, as...

Excerpt: ...omwell (“Defendants”) RESPONDING PARTY: Plaintiff Dale Sims (“Plaintiff”) The Court has considered the moving, opposing and reply papers. BACKGROUND On December 17, 2018, Plaintiff Dale Sims filed the instant action against defendants Quantech Services, Inc., Michael Welborn, and Maryanne Cromwell for hostile work environment, harassment, discrimination, and retaliation arising out of Plaintiff's employment. In the complaint, Plaintiff al...

Excerpt: ...3 Background Plaintiff Lucas Wimer (“Plaintiff”) worked with the late Paul Walker, a television and film actor, to provide relief to people suffering from natural disasters through Defendant Reach Out Worldwide, Inc. (“Defendant”). Plaintiff alleges that Defendant has converted Plaintiff's work, including photographs and videos, to its own uses. Plaintiff pleads the following causes of action in his Complaint: (1) Conversion; (2) Unjust E...

Excerpt: ...hile here, he designed a scheme to marry her so that he could lawfully remain in the United States and take her assets. On February 21, 2019, Song purportedly served a deposition subpoena for production of <00440051004a00b4000c00 11> On March 14, 2019, Jang filed this motion to quash that subpoena. Jang argues that Song's subpoena improperly seeks “personal bank statements along with a litany of financial transactions that pertain to Non-Party ...

Excerpt: ...uly 11, 2018 Plaintiff Hossein Fatehmanesh (“Plaintiff”) filed a complaint, using a PLD‐PI‐001 form, against Defendant David Lally (“Defendant”) alleging causes of action for (1) negligent breach of contract and (2) professional negligence for legal malpractice. On February 26, 2019, Defendant filed the instant demurrer to the complaint. Plaintiff filed an opposition on February 21, 2019, before the demurrer was filed. The Court is no...

Excerpt: ...s at a party at Defendant Christopher Brown's (“Brown”) home on February 23, 2017. (First amended complaint (“FAC”) ¶¶ 16-42.) Doe alleges that Grissom and Doe sexually assaulted her while Brown and others witnessed it. (Id. ¶¶ 35-38.) Doe alleges that Grissom raped her in other areas of Brown's home without witnesses. (Id. ¶¶ 40-42.) On May 9, 2018, Doe filed the initial complaint against Brown, Grissom, Doe X, and Does 1 to 50 all...

Excerpt: ...sold and manufactured by Defendant General Motors LLC (“Defendant”). On February 20, 2019, Plaintiff Federico Lazo (“Plaintiff”) filed the instant motion to compel further responses to Special Interrogatories 1, 14, 40‐43, 45‐46, 52, and 53.[1] Defendant filed opposition papers. Plaintiff filed a reply. Plaintiff contends that Defendant has, without substantial justification, failed to provide full and complete responses to Special In...

Excerpt: ...against defendants Garcia Family Consulting LLC d/b/a Hi-Tek Auto Protection, Hi-Tek L.V. Inc., Joe Ray Jones, Paul De Flores, and Jason (last name unknown), alleging the following causes of action: (1) failure to provide reasonable disability accommodation in violation of the FEHA; (2) failure to engage in an interactive process in violation of the FEHA; (3) disability discrimination in violation of the FEHA; (4) pregnancy harassment in violatio...

Excerpt: ... Robert Petrucci's use of e-cigarette products. The operative complaint is the second amended complaint, <0044004c00510056005700 00510047004400510057>s for the following causes of action: (1) negligence, (2) strict liability – failure to warn, (3) strict liability – design defect, (4) fraudulent concealment, (5) intentional misrepresentation, (6) negligent misrepresentation, (7) breach of implied warranties, and (8) loss of consortium. On May...

Excerpt: ...Caldera, and Roberto Hinojosa allege that they were wrongfully terminated from employment due to their age. On March 29, 2019, plaintiff Delia Purdue (“Plaintiff”) filed the instant motion (“the motion”) to compel further responses to requests for production (“RPDs”) from Defendant MMLB Associates (“Defendant”). Plaintiff moved to compel Defendant to provide further <004c00510057004c004900 00520058004a004b0057[ sanctions in the am...

Excerpt: ...nfirmed as current within 30 days of the motion by conversation, emails containing Client's corporate address, and Client's website. Counsel states that there has been a substantial breakdown in attorney-client communication such that Counsel cannot effectively represent Client. Counsel states that Client has undergone significant corporate changes and that Counsel has been unable to ascertain the identity of the corporate point of contact for pu...

Excerpt: ...UND On February 27, 2017, Plaintiff Joshua T. Howard (“Plaintiff”) commenced this action against Defendant Lester Howard Jr. (“Defendant”) alleging a single cause of action for fraud. Plaintiff alleges that Defendant obtained a false notarized statement claiming Plaintiff was deceased and filed a false claim with the insurance company to receive Plaintiff's portion of the life insurance proceeds that was left for them after their father's...

Excerpt: ...filed a Complaint against his uncle, defendant David Payer (“Defendant”), to seek the dissolution of the Nominal Defendant, Payer Family, LLC. Plaintiff alleges that Plaintiff and Defendant each own 50% of Payer Family LLC. The only asset of Payer Family LLC is real property at 905 Dickson St., Marina Del Rey, CA. Plaintiff alleges that Defendant David Payer has breached his fiduciary duties by occupying the real property without paying marke...

Excerpt: ...ffin Frappier Treder & Weiss LLP (“BDFTW”) for violations of various sections of the Homeowner Bill of Rights (“HBOR”) (Civil Code sections 2923.55, 2923.6, 2923.7 and 2924.12) as well as for breach of contract, breach of the covenant of good faith and fair dealing, negligence, negligent infliction of emotional distress, and unfair business practices. The complaint alleges that in 1997, Plaintiff's husband purchased her current home. (Com...

Excerpt: ...nts Viceroy Hotels, LLC, Viceroy Hotel Management, Inc., William Walshe (CEO of Viceroy Hotel Management), and Kristie Goshow (SVP, Commercial, of Viceroy Hotel Management) (collectively “Defendants”) for trade libel, defamation, and intentional interference with prospective economic advantage based on the parties' dealings for a hotel property in Dubai, United Arab Emirates. On October 6, 2017, Plaintiff filed a first amended complaint (“F...

Excerpt: ...- COMPLAINT Background On June 6, 2016, Polaris commenced this action against Peter John Simrose, Banu Aslan Simrose (“the Simroses”) and Does 1 to 50 alleging causes of action for (1) breach of contract, (2) services rendered, (3) unjust enrichment, (4) quantum meruit, (5) open book account, (6) foreclosure of mechanic's lien, (7) intentional misrepresentation, (8) negligent misrepresentation and (9) bad checks in violation of Civil Code § ...

Excerpt: ...with a personal injury action. On or about November 15, 2015, Cabrera entered into a written agreement in the form of a retainer agreement. On or about September 21, 2016, Cabrera retained defendant Law Offices of Jacob Emrani (“Law Offices”) to represent her. Cabrera's case was settled in late 2017. Plaintiff alleges that on or about January 23, 2018, Law Offices made a representation that it was unwilling to hold all fees in trust. Plaintif...

Excerpt: ...ndai, LLC dba Puente Hills Hyundai (“Dealership”), Hyundai Motor America (“HMA”), and Hyundai Capital America (collectively “Defendants”) for violation of the Song‐ Beverly Consumer Warranty Act, deceit, negligent misrepresentation, and violation of Business and Professions Code section 17200 et seq. On September 24, 2018, Plaintiff filed a first amended complaint. On January 24, 2019, Defendants filed the instant motion for protect...

Excerpt: ...surance Agency (“Festa”) (collectively “Defendants”) RESPONDING PARTY: Plaintiffs Howard M. Jaffe (“Howard”) and Joan G. Jaffe (“Joan”) (collectively “Plaintiffs”) The Court has considered the moving, opposing, and reply papers. BACKGROUND On January 9, 2019, Plaintiffs filed a complaint against Defendants State Farm, Gilman, Festa, and Does 1‐50 for (1) bad faith and tortious breach of the implied covenant of good faith and...