Excerpt: ...gainst Defendants Ron Reitshtein and Youngman Reitshtein, PLC (jointly, “Defendants”) On March 28, 2023, Plaintiff filed the operative First Amended Complaint (“FAC”). The FAC alleges causes of action for (1) professional negligence, (2) breach of fiduciary duty, (3) intentional misrepresentation, and (4) negligent misrepresentation. In the FAC, Plaintiff alleges, inter alia , that “Plaintiff was the Petitioner in a divorce action occur...

Excerpt: ...rtfolio III LLC; and Northland THEA IV LLC (collectively, “Plaintiffs”) filed this action on December 15, 2023 against Defendants Ashley Wynn and Chelsea Wynn (jointly, “Defendants”). The Complaint alleges one cause of action for breach of lease. Defendants appear to demur to the Complaint. Defendants also appear to move to strike the Complaint. [1] Plaintiffs oppose both. Discussion As an initial matter, to the extent Defendants demur to...

Excerpt: ...y of default judgment against Defendants Libra Hollywood, LLC and John Greenwood (jointly, "Defendants"). Plamtiffs seek judgment in the total amount of $34,600.10, comprising S28,927.67 in damages, $3,163.82 in interest, $1,155.87 in costs, and $1,352.74 in attornevs fees. The Court notes a number of defects with the submitted default judgment package. First, Item 1 (a) of the Request (Form CIV-OO) incorrectly states that the Complaintin this ac...

Excerpt: ... Trustee of the Albert S. Smith, Jr. Separate Property Trust Dated November 8, 2002 (“Smith”) filed this action on October 8, 2020 against Defendants Walter Perkins, Henry A. Thomas, Trustee of the Henry A. Thomas Trust dated 2/12/2 007, Orange Coast Title Company, and Emerald Escrow, Inc. (“Emerald”). On October 15, 2021, Smith filed the operative First Amended Complaint (“FAC”), asserting causes of action for (1) fraud, (2) cancella...

Excerpt: ...ard issued on January 12, 2024. (Pet, ¶ 8(a); Attachment 8(c). No opposition to the petition was filed.¿ Discussion “Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award. The petition shall name as respondents all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.” (Code Civ. Proc., § 1285 .) “A petition under this ...

Excerpt: ...laintiff filed the operative First Amended Complaint (“FAC”), alleging causes of action for (1) failure to pay overtime wages, (2) failure to pay terminated or quitting employee, (3) unfair business practices, (4) failure to pay expe nse reimbursement. On October 3, 2023, Plaintiff filed an Amendment to Complaint substituting Tobi Sackheim for “Doe 1.” On January 23, 2024, default was entered against Tobi Sackheim. Tobi Sackheim now moves...

Excerpt: ...of Los Angeles, and Los Angeles Housing Department. The Complaint alleged causes of action for (1) abuse of process, (2 ) “Civil Code § 1714(A) (Negligence and Duty of Care)” (3) “Govt. Code § 814 (Breach of Contract)” (4) “ Govt. Code § 815.2 (Government Entity Respondeat Superior Liability…)” (5) declaratory relief, (6) civil conspiracy, (7) replevin, (8) breach of an express contract, (9) deceit based on concealment, (10) conv...

Excerpt: ...on October 20, 2021 against Defendants Air Tiger Express (USA) Inc. (“ATE”) and Matthew Tran (“Tran”) (jointly, “Defendants”). The Complaint alleges causes of action for (1) discrimination on the basis of age, (2) harassment, (3) retaliation, (4) failure to prevent discrimination, harassment, or retaliation, and (5) wrongful termination in violation of public policy. Defendants now move for summary judgment or, in the alternative, sum...

Excerpt: ..., “Defendants”). Plaintiff filed the operative First Amended Complaint on September 22, 2022, alleging causes of action for (1) breach of contract and (2) unfair competition. On December 29, 2023, the Court issued a minute order in this matter, providing , inter alia, that “[t]he Court, having taken the matter under submission on 12/28/2023 for Non -Jury Trial, now rules as follows: The Court hereby renders its Tentative Decision. It will b...

Excerpt: ...is action on July 24, 2020, against Defendants Beverly Smith, Cheryl Hickmon, and Delta Sigma Theta Sorority, Inc. (collectively, “Defendants”). The operative Third Amended Complaint (“TAC”) was filed on October 13, 2021. The TAC asserts causes of action for (1) breach of contract, (2) breach of the covenant of good faith and fair dealing, (3) violation of Unfair Competition Law, (4) declaratory re lief, (5) intentional infliction of emot...

Excerpt: ...9 against a number of defendants, including The Ancient Temple ofWmgs ("ATW"). Plaintiff filed the operative Second Amended Complaint ("SAC") on November 17, 2020, alleging ten causes of action. On August 29, 2023, Jane Doe filed a Cross-Complaintin this action against inter alia, Plaintiff. The Cross-Complaint alleges nine causes of action. As noted in the Court's Januaty 6, 2023 Order in this matter, default was entered against ATW on November ...

Excerpt: ... Andrew Dixon, Trustees of the Restated Dixon Family Trust U/D/O April 23, 2014; Azalea Gardens; and Pioneer SG, LLC (collectively, “Plaintiffs”) filed this action on October 13, 202 0 against Defendants Frederick Kenneth Kramer, a/k/a Kevin Dosh, Darren Kikuchi (“Kikuchi”), Cynthia Barron (“Barron”), Joyce Cook (“Cook”), Betty Cannon (“Cannon”), Tony Wim Struyk, Lee Stein (“Stein”), and Oakcrest Manor SD, Inc. On May 24, ...

Excerpt: ...Uk Byun (“Byun”) (jointly, “Plaintiffs”) filed this action on February 6, 2023 against Defendants Hope YS Kim, Jason Kim, Young M. Kim, J&I Consulting, Inc. (“J&I Consulting”), and SA Recycling LLC. The Complaint alleges causes of action for (1) breach of fiduciary duty, (2) fraud, (3) constructive fraud, (4) professional negligence, (5) violation of Business and Professions Code section 17200 , (6) financial elder abuse, (7) civil co...

Excerpt: ...reakfast Cookies, Inc. (“Baker's) and Sprouts Farmers Market, Inc. The Complaint alleges one cause of action for violations of Health and Safety Code section 25249.6. In the Complaint, Plaintiff alleges that “[t]his Complaint seeks to remedy Defendants' continuing failure to adequately warn individuals in California that they are being exposed to lead, a chemical known to the State of California to cause birth defects a nd other reproductive ...

Excerpt: ...nst defendant Joseph Daniel Davis. On September 1, 2023, Plaintiff filed a Verified Second Amended Complaint (“SAC”) against defendants Joseph Daniel Davis, Hilary Davis, and Randi Desnoes. The SAC alleges causes of action for (1) “perjury by Defendants Joseph D. Davis and Hilary Davis Regarding the Transfer of Title of the Ketchum Home to Hilary Davis,” (2) “intentionally transferring $3.5 million to Nevis Island to ‘Hinder, Delay, o...

Excerpt: ...uti (“Soni”) and The Estate of Obalajii Khepheren Rust (the “Estate”) (jointly, “Plaintiffs”) filed this action on January 26, 2021 against Defendants Kim B. Priestley and Darryl H. Priestley (jointly, “Defendants”) . The Complaint alleges causes of action for (1) wrongful eviction, (2) intentional infliction of emotional distress, (3) conversion, and (4) defamation per se: filing a false police report. Defendants now move for an ...

Excerpt: ...Ecolab Inc. (“Ecolab”), Scott Hoffner, and Jon Rodriguez (collectively, “Defendants”). The Complaint alleges causes of action for (1) discrimination, (2) ha rassment, (3) retaliation in violation of Government Code section 12940, et seq ., (4) retaliation in violation of Labor Code section 1102.5, (5) failure to prevent harassment, discrimination, and retaliation, (6) failure to provide reasonable accommodations, (7) failure to engage in ...

Excerpt: ..., against Defendant Nissan North America, Inc. (“Defendant”). The Complaint alleges causes of action for (1) breach of implied warranty of merchantability, (2) breach of express warranty, and (3) violation of Song- Beverly Warranty Act section 1793.2. Defendant now moves for an order compelling arbitration of this action and staying the action during the pendency of arbitration. Plaintiff opposes. Request for Judicial Notice The Court grants ...

Excerpt: ...ndividually, on behalf of himself, the general public and on behalf of all other persons and class similarly situated, that is, a class of claimants whose rights were violated as were Esquire,” (herein, “Plaintiff”) filed this action on November 30, 2022 a gainst a number of defendants. On July 17, 2023, Plaintiff filed the operative First Amended Complaint, alleging twenty causes of action. Plaintiff now moves for leave to file a second am...

Excerpt: ...st Defendant The Finish Line, Inc., dba Finishline.com. The Complaint alleges causes of action for (1) violations of the California Invasion of Privacy Act - Penal Code § 631 and (2) violations of the California Invasion of Privacy Act - Penal Code § 632.7 . The Finish Line Inc. (“Defendant”) now demurs to both causes of action of the Complaint. Plaintiff opposes. [1] Requests for Judicial Notice The Court denies Defendant's requests for ju...

Excerpt: ...ction on July 27, 2022 against Defendants Merck & Co., Inc., Merck Sharp & Dohme Corp., Providence Health System – Southern California, Providence Medical Institute, Providence Medical Associates, Inc., and Tristy Shaw, M.D. The original Complaint alleged causes of action for (1) negligence, (2) strict liability (failure to warn), (3) strict liability (manufacturing defect), (4) breach of warranty, (5) fraudulent concealment, (6) fraudulent mis...

Excerpt: ...December 23, 2019 against a number of defendants, including Vidala Aaronoff, Gloria P. Martinez- Senftner, and the Martinez Law Group, P.C. Plaintiff filed the operative Second Amended Complaint (“SAC”) on November 17, 2020, alleging ten causes of action. On August 29, 2023, Jane Doe filed a Cross -Complaint in this action against, inter alia , Plaintiff. The Cross -Complaint alleges nine causes of action. On July 23, 2021, the Court issued a...

Excerpt: ... -ACTION Background Plaintiffs Maria Luisa Trevejo (“Trevejo”) and MLT World, LLC (“MLT”) filed this action on January 17, 2023 against Defendant Stephen Belafonte (“Belafonte”). Trevejo and MLT filed the operative Second Amended Complaint on July 14, 2023, alleging causes of action for (1) breach of fiduciary duty, (2) intentional misrepresentation, (3) negligent misrepresentation, (4) conversion, (5) accounting, and (6) violation of...

Excerpt: ...d this action against Defendants Gregory Nicolaysen, a Professional Law Corporation and Gregory Nicolaysen (jointly, “Defendants”). The Complaint alleges causes of action for (1) hostile work environment harassment in violation of FEHA, and (2) failure to prevent harassment in violation of FEHA. Defendants now demur to both causes of action of the Complaint and move to strike portions of the Complaint. Plaintiff opposes both. [1] Request for ...

Excerpt: ...d Plaintiff Wave Investment, LLC (“Plaintiff”) filed this action on December 30, 2021 against Defendants SecurCapital Corp. (“SecurCapital”) and Stephen J. Russell (“Russell”) (jointly, “Defendants”) Plaintiff filed the operative Third Amended Complaint (“TAC”) on November 15, 2023 alleging causes of action for (1) breach of contract, (2) declaratory relief, (3) breach of partnership or joint venture agreement, (4) breach of f...