Excerpt: ...d this action against Defendants Gheorghe Firescu and Gabriela Firescu. On May 14, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”), alleging causes of action for (1)¿failure to pay minimum wage ( Labor Code section 1197),¿(2)¿failure to compensate for all hours worked (Lab.¿Code, § 1198), (3 )¿failure to pay overtime compensation ( Lab.¿Code, § 1198),¿(4)¿failure to pay meal period compensation (Lab.¿Code, § 22...

Excerpt: ...R STREET LENDING FUND IV SPE, LLC'S MOTION TO STRIKE PORTIONS OF PLAINTIFF'S FIRST AMENDED COMPLAINT Background Plaintiff Denise Wheeler (“Plaintiff”) filed this action on September 21, 2023 against Defendant Center Street Lending Corporation. Plaintiff filed the operative First Amended Complaint (“FAC”) on January 8, 2024 against Defendants Center Street Lending Corporation and Center Street Lending Fund IV SPE, LLC (jointly, “Defendan...

Excerpt: ...on 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, ...

Excerpt: ...EL BINDING ARBITRATION AND TO STAY THE SUPERIOR COURT MATTER Background Plaintiffs Juhee Bang by and through her Successor -in- Interest, Lora Tram, and Lora Tram (jointly, “Plaintiffs”) filed this action on June 16, 2023 against Defendant 1100 South Alvarado Street, LLC dba Olympia Convalescent Hospital (“Defendant”). Plaintiffs filed the operative First Amended Complaint (“FAC”) on June 20, 2023, alleging causes of action for (1) el...

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: ...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: ...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: ... -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...

Excerpt: ...ion 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 emotional ...

Excerpt: ...s SecurCapital Corp. (“SecurCapital”) and Stephen J. Russell (“Russell”) (jointly, “Defendants”) Plaintiff filed the operative Third Amended Complaint (“SAC”) 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 fiduciary duty, (5) conversion, (6) fraudulent concealment, (7) fraudulent misrepresentation, (8) negligent ...

Excerpt: ...f”) filed this action on June 3, 2022 against Defendant Trader Joe's Company (“Defendant”). The Complaint alleges causes of action for (1) disability discrimination, (2) failure to provide reasonable accommodation, (3) failure to engage in good faith interactive process, (4) harassment/hostile work environment, (5) failure to prevent harassment/hostile work environment, (6) retaliation, and (7) wrongful termination. In the Complaint, Plaint...

Excerpt: ...ed this action on May 17, 2022 against Defendants Tova Fagan and Yael Sima Wintner. On July 11, 2023, Plaintiff filed the operative First Amended Complaint (“FAC”), alleging causes of action for (1) extortion, (2) conspiracy to commit fraud, (3) intentional infliction of emotional distress, and (4) negligent infliction of emotional distre ss. In the FAC, Plaintiff alleges that he and the defendants' mother Sarah Wintner were married on Decemb...

Excerpt: ...Plaza, LLC and Kathleen Janet Haywood aka Kathleen Robinson. The Complaint alleges causes of action for (1) breach of contract and (2) to set a side fraudulent transfer. On April 25, 2022, a Complaint was filed in the matter Janet Haywood, et al. v. Stephen Cho, et al., Case No. 22STCV13629 (herein, the “Haywood Action”). On February 9, 2023, Janet Haywood (“Haywood”) filed the operative First Amended Complaint (“FAC”) in the Haywood ...

Excerpt: ...dvocacy Group, Inc. filed this Proposition 65 action on June 5, 2020 against Defendant Pegasus Trucking, LLC dba Fallas Discount Stores (“Pegasus”). On March 12, 2021, Pegasus filed a Cross-Complaint in this action against a number of Cross- Defendants, including Orly Shoe Corp. (“Orly”). On September 9, 2021, Pegasus filed the operative First Amended Cross-Complaint (“FACC”), alleging causes of action for (1) breach of express warran...

Excerpt: ... Sea View Inn at the Beach, Incorporated, Hal Keasler, Jim Murphy, Branden Alonzo, and Vuong Nguyen (collectively, “Defendants”). On March 10, 2022, Sea View Inn at the Beach, Incorporated, Hal Keasler, and Jim Murphy filed a Cross-Complaint against McCleary, alleging causes of action for (1) conversion, (2) conversion, (3) injury to property, (4) breach of fiduciary duty, (5) intentional infliction of emotional distress, (6) violation of Civ...

Excerpt: ... dba OK Bail Bonds and Sang Won Lee (jointly, “Plaintiffs”) filed this action against Defendants John Suh aka John D. Suh aka John Doo Suh (“John Suh”) and Jae In Suh (jointly, “Defendants”). The operative Third Amended Complaint was filed on November 14, 2019, and asserts causes of action for (1) breach of contract, (2) breach of fiduciary duty, (3) fraud, (4) conversion, (5) accounting, (6) trade name infringement, and (7) unfair bu...

Excerpt: ...nt Garfield Beach CVS LLC. On March 14, 2023, Plaintiffs Michael Yessian (“Yessian”) and Mandi Martinez (“Martinez”) (jointly, “Plaintiffs”) filed the operative Third Amended Complaint (“TAC”) against Defendants Garfield Beach CVS LLC dba CVS Pharmacy Store and Deborah Padilla. The TAC alleges causes of action for (1) discrimination in violation of the Unruh Act; (2) defamation per se; (3) intentional infliction of emotional distr...

Excerpt: ...ointly, “Defendants”). Plaintiff seeks judgment in the total amount of $159,174.20, comprising $100,000.00 in damages, $55,228.32 in prejudgment interest, $3,442.28 in attorney's fees, and $503.60 in costs. Plaintiff also seeks interest at the daily rate of $54.79 from January 11, 2024 to the date the judgment is entered. The Court notes a few defects with the submitted default judgment package. First, Plaintiff states that “[i]nterest has ...

Excerpt: ...VE DOCUMENTS; REQUEST FOR SANCTIONS AND RELATED CROSS-ACTIONS Background On December 11, 2019, Plaintiffs Robert Yu (“Yu”) and Minghui Huang (jointly, “Plaintiffs”) filed this action against a number of defendants, including Raymond Munro (“Munro”) and Henry Suarez (“Suarez”). Plaintiffs filed the operative First Amended Complaint (“FAC”) on June 17, 2020, alleging causes of action for (1) breach of written contract for sale o...

Excerpt: ...May 2, 2023, Plaintiff Carmen King, Assignee for Antolin Garcia (“Plaintiff”) filed this action against Defendants Jorge Garcia and Teresa Nonoal (jointly, “Defendants”). On October 16, 2023, Plaintiff filed the operative Second Amended Complaint (“SAC”) in this action, alleging causes of action for (1) breach of contract, (2) fraud in the inducement, and (3) breach of the implied covenant of good faith and fair dealing. Plaintiff now...

Excerpt: ...22, 2023, Plaintiff Cindy Rosen (“Plaintiff”) filed this action against Defendants Jay Bloom (“Bloom”), Murder Inc., LLC, The Mafia Collection, LLC, Julien Entertainment.Com, Inc. (“Julien Entertainment”) and Julien's Auction House, LLC. The original Complaint alleged causes of action for (1) conversion, (2) unjust enrichment, (3) intentional misrepresentation, (4) financial elder abuse, (5) intentional infliction of emotional distres...

Excerpt: ...”) and Anika Patel (“Patel”). Nilsen filed the operative First Amended Complaint (“FAC”) on January 7, 2022. The FAC alleges one cause of action for breach of lease. In the FAC, Nilsen alleges on or about November 17, 2018, she entered into a written lease agreement with Henriques and Patel for the property located at 2634 Barry Avenue, Los Angeles, CA 90064-2812. (FAC, ¶ 6.) Nilsen alleges that “[t]he lease term commenced on Decembe...

Excerpt: ... TO CONTINUE THE TRIAL DATE AND ALL RELATED TRIAL DATES, INCLUDING DISCOVERY CUT- OFFS AND RELATED CROSS-ACTIONS Background Plaintiff Jane Doe (“Plaintiff”) filed this action on December 23, 2021 against Defendants Ramy Elias, M.D. (“Elias”); Ramy Elias, M.D., Inc.; Center for Advanced Orthopedics and Sports Medicine, LLC; Cerritos Surgery Center, LLC; Afshin A. Mashoof, M.D., Inc.; Lakewood Orthopaedic Surgical and Medical Group (“Lake...

Excerpt: ...an, Yael Sima Wintner, and Does 1-20. On July 11, 2023, Plaintiff filed the operative First Amended Complaint (“FAC”), alleging causes of action for (1) extortion, (2) conspiracy to commit fraud, (3) intentional infliction of emotional distress, and (4) negligent infliction of emotional distress. On July 11, 2023, Plaintiff filed an Amendment to Complaint naming Pinchas (Paul) Wintner in place of Doe 1. In the FAC, Plaintiff alleges that he a...

Excerpt: ...ts H.A. Lewis, Inc. (“H.A. Lewis”), Los Angeles Unified School District (the “District”), and U.S. Specialty Insurance Company (“U.S. Specialty”). The Complaint alleges causes of action for (1) breach of contract, (2) quantum meruit, (3) account stated, (4) open book account, (5) enforcement of stop payment notice, (6) enforcement of stop payment notice release bond, and (7) recovery on payment bond. In the Complaint, R&R alleges that...

Excerpt: ...nt Garfield Beach CVS LLC. On March 14, 2023, Plaintiffs Michael Yessian and Mandi Martinez (jointly, “Plaintiffs”) filed the operative Third Amended Complaint (“TAC”) against Defendants Garfield Beach CVS LLC dba CVS Pharmacy Store and Deborah Padilla. The TAC alleges causes of action for (1) discrimination in violation of the Unruh Act; (2) defamation per se; (3) intentional infliction of emotional distress, and (4) negligent hiring, su...

Excerpt: ...Solis on behalf of himself and other aggrieved employees (“Plaintiff”) filed the instant action against Defendant Michael Stores Procurement Company, Inc. The Complaint alleges one cause of action for civil penalties and wages pursuant to the Private Attorneys General Act of 2004 (“PAGA”). Defendant Michaels Stores Procurement Company, Inc. (“Defendant”) filed an answer to the Complaint in this action on March 13, 2023. Defendant now ...

Excerpt: ...rti Bhimani, Michel Estime, and Arti Bhimani filed this action on February 22, 2022 against a number of defendants. On May 26, 2022, Plaintiff Devin Estime, a minor, by and through his Guardian Ad Litem, Arti Bhimani (“Plaintiff”) filed the operative First Amended Complaint (“FAC”) against defendants Southern California Permanente Medical Group (“SCPMG”) and Enrique Earle Emel, M.D. (“Emel”) (jointly, “Defendants”). The FAC al...

Excerpt: ...this action against Defendants Evan Rachel Wood (“Wood”) and Ashley Gore a/k/a Illma Gore (“Gore”) (jointly, “Defendants”). The Complaint asserts causes of action for (1) intentional infliction of emotional distress, (2) defamation per se, (3) violation of the Comprehensive Computer Data and Access Fraud Act (Penal Code Section 502(c), (e)(1)), and (4) Impersonation over the Internet (Penal Code Section 528.5(a), (e)). Wood moved to s...