Excerpt: ...”) filed this action on March 29, 2021 against Defendants Jian Wei Deng aka Jim Deng (“Deng”) and Helen Deng. On July 21, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”) against Jim Deng, asserting causes of action for (1) breach of construction contract, (2) breach of design contract, (3) unjust enrichment, and (4) breach of the covenant of good faith and fair dealing. Plaintiff alleges that on or about April 26, 20...

Excerpt: ...ange (“Plaintiff”) filed this employment action on March 7, 2018 against Defendant Monster Energy Company (“Defendant”). Defendant now moves to file under seal Exhibits 79 and 86-91 (“Subject Exhibits”) attached to Plaintiff's compendium of exhibits in support of Plaintiff's opposition to Defendant's motion for summary adjudication. The motion is unopposed. Discussion Generally, court records are presumed to be open unless confidentia...

Excerpt: ...NS OF PLAINTIFFS' COMPLAINT Background Plaintiffs Armen Temurian and Luis Amaya, individually, dba Vista Network Technologies USA, and as Vista Network (jointly, “Plaintiffs”) filed this action on February 18, 2021 against Defendants Sathiya Araj Rasiah, aka Raj Milton, aka Milton Rasiah (“Milton”), Ask Milton Group, George Akopian (“Akopian”), and Raju Rasiah (“Rasiah”). The Complaint asserts causes of action for (1) breach of co...

Excerpt: ...fendant”) for possession of personal property. Plaintiff seeks to “recover possession, custody and control” of a rescue dog named Bear (“Bear”). (Complaint at p. 1:21‐23.) Plaintiff alleges Defendant breached an adoption agreement pertaining to Bear. On February 8, 2021, Plaintiff, in pro per, filed the instant “Motion to Return Persona [sic] Property (Dog Named Bear)”, seeking a court order directing Defendant to return Bear to P...

Excerpt: ...aintiffs Bow-West Capital LLC (“BWC”), BWC GP, LLC (“BWC/GP”), BWC/St. Andrews L.P. (“BWC/SA”), and BWC/Hill Street L.P. (“BWC/HS”) (collectively, “Plaintiffs”) filed this action on May 13, 2021 against defendants Matthew Rosenberg (“Rosenberg”), M-RAD Inc. dba M-Rad Architecture (“M-Rad”), and Tina Hovsepian. The Complaint asserts causes of action for (1) rescission and restitution, (2) fraud, (3) negligence per se, (...

Excerpt: ... DIANA GONZALEZ RUIZ'S MOTION TO STRIKE PORTIONS OF THE CROSS- COMPLAINT AND RELATED CROSS-ACTIONS Background Plaintiffs Claudia V. Gonzalez Ruiz, Carolina G. Ruiz, and Diana Gonzalez Ruiz filed this action on February 3, 2021, against Defendant Neomie F. Hernandez, an individual, and dba Exclusive Tax Service. On March 26, 2021, Neomie F. Hernandez dba Exclusive Tax Service (“Cross- Complainant”) filed a Cross-Complaint against Claudia V. Go...

Excerpt: ...ober 4, 2019, alleging causes of action for (1) failure to pay minimum wage (Cal Lab. Code § 1197), (2) failure to compensate for all hours worked (Cal. Lab. Code § 1198), (3) failure to pay overtime compensation (Cal. Lab. Code § 1198), (4) failure to pay meal period compensation (Cal. Lab. Code § 226.7), (5) failure to pay rest period compensation (Cal. Lab. Code § 226.7), (6) failure to furnish accurate wage and hour statements (Cal. Lab....

Excerpt: ...y “Defendants.” The Complaint asserts three causes of action for (1) violation of the Song-Beverly Act – breach of express warranty, (2) violation of the Song-Beverly Act – breach of implied warranty, and (3) negligent repair, arising out of the purchase of a 2016 Jeep Cherokee (the “Subject Vehicle”). Defendants move the Court for an order compelling Plaintiff to arbitrate her claims against Defendants, and for the Court to stay the ...

Excerpt: ...COND AMENDED COMPLAINT Background Plaintiff Andrew Milder (“Plaintiff”) filed this action against Defendants ADR Services, Inc. (“ADR Services”), Lucie Barron (erroneously sued as Luci Baron) (“Barron”), and Michael Marcus (“Marcus”), collectively (“Defendants”) on October 19, 2020. The operative Second Amended Complaint (“SAC”) alleges causes of action for: 1. unfair competition in violation of Business and Professions Co...

Excerpt: ...1, against Defendant Franchise Tax Board of the State of California. Plaintiff's Complaint alleges a single cause of action for violation of Cal. Const., art. II, § 8(d), commonly known as the “single subject rule.” Plaintiff's action arises from the alleged invalidity of the Clean Energy Jobs Act, submitted to the voters of California as a ballot initiative numbered “Proposition 39.” (Compl., ¶ 2.) Plaintiff alleges that Proposition 39...

Excerpt: ...ation on the basis of race; (2) retaliation in violation of FEHA; (3) failure to prevent discrimination and retaliation; and (4) disability discrimination. Defendant Paramount Unified School District now moves for judgment on the pleadings as to each cause of action in the Complaint. Plaintiff opposes.[1] Request for Judicial Notice The Court grants Defendant's request for judicial notice in its entirety. Legal Standard A motion for judgment on t...

Excerpt: ...RST AMENDED CROSS-COMPLAINT AND RELATED CROSS-ACTION Background On May 28, 2020, Plaintiffs Dro Shademany (“Shademany”) and Karineh Margosian (“Margosian”) (jointly, “Plaintiffs”) filed the instant action against Defendants Edgar Karoyan (“Karoyan”), individually and in his capacity as trustee of the Edgar Karoyan Living Trust UTD September 10, 2018, and Rina Agajanyan (“Agajanyan”) (jointly, “Defendants”). On May 5, 2021,...

Excerpt: ...ONSES AND DOCUMENTS TO SECOND SET OF REQUESTS FOR PRODUCTION NO. 101; REQUEST FOR MONETARY SANCTIONS Background On March 7, 2018, Plaintiff Gerald Lange filed the complaint in this action (“Complaint”) against Defendant Monster Energy Company, wherein Plaintiff asserts causes of action for: (1) Disability Discrimination; (2) Failure to Engage in the Interactive Process; (3) Failure to Provide Reasonable Accommodations; (4) Failure to Prevent ...

Excerpt: ... University Park Healthcare Center on September 1, 2020. On November 19, 2020, Plaintiff filed a First Amended Complaint against Defendant asserting a cause of action under the Labor Code Private Attorneys General Act of 2004 (“PAGA”). Plaintiff and Defendant have reached a settlement of the PAGA claim. Plaintiff now moves for court approval of the settlement. The motion is unopposed. Discussion A superior court must “review and approve any...

Excerpt: ...eeking a refund of property taxes paid. Plaintiff now moves for an order permitting Plaintiff to file under seal the complete, unredacted version of the administrative record (the “Administrative Record”) of the property tax assessment appeal proceedings that are under review in this action . The motion is unopposed . Discussion Generally, court records are presumed to be open unless confidentiality is required by law. (( Cal. Rules of Court,...

Excerpt: ...ing and Finishing aka Mora's Cutting and Sewing (“Mora's”) and Joel Rico (“Rico”). The Complaint asserts causes of action for breach of contract, conversion, and violation of Business and Professions Code section 17200 . On September 22, 2021, JNS filed a motion for leave to file a first amended complaint to add a cause of action for fraud, to dismiss the second and third causes of action for conversion and violation of Business and Profe...

Excerpt: ...��Plaintiffs”) was filed on January 31, 2019. Plaintiffs allege that Defendants Rebecca Gallardo, Rosa Iselia Villalobos (“Villalobos”), Arturo Villalobos (deceased), and Johnny Marshall Perez fraudulently transferred Jesus Perez's interest in certain real property located at 1419 W. 105th Street, Los Angeles, California 90047 and 1425 W. 105th Street, Los Angeles, California 90045 (the “Subject Property”) to themselves by forging his s...

Excerpt: ...ba Clean Sweep LA (“Abishai”) and ADP Total Source DE IV, Inc. (jointly, “Defendants”). Plaintiffs filed the operative First Amended Complaint (“FAC”) against Defendants on January 14, 2021. Default was entered against Abishai on June 2, 2021. Plaintiffs then requested entry of default judgment against Abishai, which was denied by the court without prejudice on September 22, 2021. An Order to Show Cause Re: Entry of Default Judgment i...

Excerpt: ...D PETER KWONG'S DEMURRER TO COMPLAINT B. DEFENDANTS BEST WESTERN INTERNATIONAL, INC., BEST WESTERN PLUS DRAGON GATE INN, KWONG, INC., AND PETER KWONG'S MOTION TO STRIKE PORTIONS OF COMPLAINT Background Plaintiff Etta Armstrong filed this action on May 8, 2019, against Defendants Best Western International, Inc., Best Western Plus Dragon Gate Inn, Kwong, Inc., and Peter Kwong (collectively, “Defendants”). Plaintiff alleges she sustained person...

Excerpt: ...nst Defendants Farmers Insurance Company, Inc. (“Farmers”), Fire Insurance Exchange (“FIE”), Stacy Chern Insurance Agency (“Chern Insurance”), and Stacy Chern (“Chern”). On January 28, 2021, Chang, Lo, and Wild Chang, Jr. (“Chang, Jr.”) (collectively, “Plaintiffs”) filed the second action against Farmers, FIE, Chern, and Woolls Peer Dollinger & Scher (“WPDS”) (collectively, “Defendants”). The two cases were subsequ...

Excerpt: ...FF'S SECOND AMENDED COMPLAINT Background Plaintiff David F. Schmidt filed this action on July 13, 2020, against Defendants County of Los Angeles, Jeffrey Prang, Arlene Barrera, and Dean C. Logan (collectively, “Defendants”). The operative Second Amended Complaint (“SAC”) was filed on June 1, 2021. The SAC alleges causes of action for (1) declaratory and injunctive relief; (2) common count – money; (3) tax refund action; and (4) writ of ...

Excerpt: ...�Welch”), and Daijon Carcamo (“Carcamo”) (collectively, “Plaintiffs”) filed this action against Defendants Ana Ward (“Ward”), HDSI Management, Inc. (“HDSI”), Walton Halad Company Two, LLC (“Walton”), and Kimball, Tirey & St. John LLP (“KTS”). On March 15, 2021, the Court issued an order granting in part Defendants' special motion to strike the Complaint pursuant to Code of Civil Procedure section 425.16 . Defendants Ward...

Excerpt: ...laintiffs Wild Chang and Kenneth Lo filed the lead action against Defendants Farmers Insurance Company, Inc. (“Farmers”), Fire Insurance Exchange (“FIE”), Stacy Chern Insurance Agency (“Chern Insurance”), and Stacy Chern (“Chern”). On January 28, 2021, Plaintiffs Wild Chang, Kenneth Lo, and Wild Chang, Jr. filed the second action against Farmers, FIE, Chern, and Woolls Peer Dollinger & Scher (“WPDS”) (collectively, “Defendan...

Excerpt: ...”) filed this Lemon Law action on March 19, 2021, against Defendants BMW of North America, LLC (“BMW”) and SAI Long Beach C, Inc. dba Long Beach BMW (“SAI”) (jointly, “Defendants”). The Complaint asserts causes of action for violations of the Song-Beverly Act against BMW and a cause of action for negligent repair against SAI arising out of the lease and subsequent purchase of a 2017 BMW 430GC (the “Subject Vehicle”). BMW now mov...

Excerpt: ...gs this demurrer to the sixth cause of action for fraudulent inducement-concealment of the First Amended Complaint (“FAC”) of Plaintiff Jae Han Lee. Honda also moves to strike certain allegations from the FAC. Plaintiff opposes both. Discussion A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable . (( Blank v. Kirwan (1985) 39 ...

Excerpt: ...n behalf of themselves and all others similarly situated, move for an order granting final approval of the class action settlement entered into with Defendant Penhall Company (“Penhall”). The motion is unopposed. Discussion As a “fiduciary” for the absent class members, “the trial court's duty [is] to have before it sufficient information to determine if the settlement [is] fair, adequate, and reasonable.” ((7- Eleven Owners for Fair ...

Excerpt: ...d Plaintiff Candy Lopez moves for an order quashing (1) the subpoena duces tecum to the Custodian of Records for NSI Investigations, and (2) the subpoena to the Person(s) Most Knowledgeable of NSI Investigations propounded by Defendant United Parcel Service, Inc. (“UPS”). In the subpoenas, UPS seeks (1) Plaintiff's entire file kept by NSI Investigations, (2) all of NSI Investigations' communications with any persons or organizations regarding...

Excerpt: ...(2) REQUESTS FOR ADMISSION, SET ONE, AND (3) REQUESTS FOR PRODUCTION, SET ONE AND REQUEST FOR MONETARY SANCTIONS Background On February 20, 2020, Plaintiff Israel Sam Gorodistian filed this action against Defendants Jadelle Jewelry and Diamonds, LLC (“Jadelle LLC”), Jadelle Inc. (“Jadelle”), Jona Rechnitz (“Jona”), Rachel Rechnitz (“Rachel”), and Robert Rechnitz (“Robert”). Plaintiff asserts causes of action for conversion, ci...

Excerpt: ...MPLAINT (2) DEFENDANTS' JOINT DEMURRER TO PLAINTIFFS' SECOND AMENDED COMPLAINT; DEFENDANTS' MOTION TO STRIKE ATTORNEYS' FEE ALLEGATIONS FROM THE SECOND AMENDED COMPLAINT; (3) DEMURRER TO SECOND AMENDED COMPLAINT Background Plaintiffs Steven Katleman and Janet Katleman commenced this action on October 21, 2020 against various defendants. Plaintiffs filed the operative Second Amended Complaint (“SAC”) on May 7, 2021, asserting causes of action ...

Excerpt: ...) IMPOSING MONETARY SANCTIONS OF $5,890.40 AGAINST DEFENDANT ROSA BRAVO; MOTION FOR AN ORDER (i) COMPELLING RESPONSES TO SPECIAL INTERROGATORIES PROPOUNDED ON DEFENDANT ROSA BRAVO; OR (ii) COMPELLING FURTHER RESPONSES; AND (iii) DEEMING OBJECTIONS INVALID; AND (iv) IMPOSING MONETARY SANCTIONS OF $5,890.40 AGAINST DEFENDANT ROSA BRAVO; MOTION FOR AN ORDER (i) COMPELLING RESPONSES TO FORM INTERROGATORIES PROPOUNDED ON DEFENDANT ROSA BRAVO; OR (ii) ...

Excerpt: ... Property Trust Dated November 8, 2002 filed this action on October 8, 2020 against, inter alia, Orange Coast Title Company (“OCTC”). The Complaint asserts causes of action for fraud, cancellation of deed, quiet title and negligence, of which only the negligence cause of action is asserted against OCTC. OCTC now moves for judgment on the pleadings as to the fourth cause of action for negligence. Plaintiff opposes the motion. Legal Standard A ...

Excerpt: ...S' FIRST AMENDED COMPLAINT Background On February 16, 2021, Plaintiffs Jacquelyn Armstrong, Philip J. Bentley, Maria Dolores Petersen, and David J. Pope filed this action against, among others, Defendants Jerome Nash and Golden State Landmark. The operative First Amended Complaint (“FAC”) was filed on March 23, 2021, and asserts causes of action for (1)-(4) breach of lease, (5) tortious breach of implied warranty of habitability, (6) breach o...

Excerpt: ...t Defendant J.P. Morgan Chase Bank, N.A. dba Chase Bank. The Complaint asserts causes of action for (1) breach of contract, (2) common counts, and (3) discrimination. Defendant now moves pursuant to Code of Civil Procedure section 391 for an order declaring Plaintiff a vexatious litigant and requiring Plaintiff to furnish a security as a prerequisite to pursuing this case. No timely opposition was filed.[1] Request for Judicial Notice The Court g...

Excerpt: ...ch 23, 2018, Plaintiff Candy Lopez (“Lopez”) filed this employment action against Defendants United Parcel Service, Inc. (“UPS”) and Ryan Quon (“Quon”) asserting, among other claims, violations of FEHA, stemming from allegations that Quon, Lopez's supervisor at UPS, sexually harassed her and threatened her with violence. On October 23, 2019, the Court granted UPS's motion to bifurcate trial into liability and punitive damages phases s...

Excerpt: ...e, LLC and McKay Whiting (jointly, “Defendants”). Defendants now demur to the Complaint on the basis that it fails to state facts sufficient to constitute a cause of action and that it is uncertain. The demurrer is unopposed. Request for Judicial Notice The Court grants Defendants' request for judicial notice in its entirety. Discussion A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or fr...

Excerpt: ...ust and The Raymond Shofler IRA (collectively, “Plaintiffs”) filed this action against Defendants Alan C. Fox, individually and as Trustee of the Alan C. Fox Revocable Trust (“Fox”) and ACF Property Management, Inc. (“ACF”) (collectively, “Defendants”), alleging that Defendants made false representations regarding certain investment opportunities. The operative Fourth Amended Complaint (“4AC”) was filed on August 20, 2020, and...

Excerpt: ...this action for quiet title and for cancellation of recorded instruments against a number of defendants alleging real estate fraud. On December 30, 2020, Plaintiff filed 14 applications for publication of the summons. (Cuaso Decl., ¶ 4.) Each application pertained to a deceased individual or the heirs of the deceased individuals. (Cuaso Decl., ¶ 4.) The applications as to the deceased individuals' heirs were granted, but the application as to t...

Excerpt: ...y Insurance Services Inc. (“All Century”). The operative First Amended Complaint (“FAC”) was filed on June 21, 2019 and asserts causes of action for (1) involuntary dissolution, (2) accounting, and (3) declaratory and injunctive relief.[1] In the FAC, Plaintiff alleges that he and Susan Smukler (“Smukler”) were 50% shareholders in All Century at the time of inception, presumably in or about 2005. (FAC, ¶¶ 3, 9.) On November 16, 2016...

Excerpt: ...) and Jesus Garza Perez (“Jesus Perez”) (jointly, “Plaintiffs”) was filed on January 31, 2019. Plaintiffs allege that Defendants Rebecca Gallardo, Rosa Iselia Villalobos (“Villalobos”), Arturo Villalobos (deceased), and Johnny Marshall Perez fraudulently transferred Jesus Perez's interest in certain real property located at 1419 W. 105th Street, Los Angeles, California 90047 and 1425 W. 105th Street, Los Angeles, California 90045 (the...

Excerpt: ...ckground Plaintiff Jesus Nava filed this action on June 17, 2019, against Defendants Ask Marine, Inc. (“Ask Marine”) and Etsuko Amagasa (“Amagasa”) (jointly, “Defendants”), alleging claims for discrimination, harassment, retaliation, failure to pay wages, failure to accommodate, failure to engage in the interactive process, wrongful termination, and negligent infliction of emotional distress. The asserted bases for the discrimination ...

Excerpt: ...t action against Defendants Harris Stationers Inc. (“Harris Stationers”) and Modern HR, Inc. (“Modern HR”) (jointly, “Defendants”) on February 2, 2021. In the Complaint, Plaintiff asserts causes of action for discrimination, retaliation, failure to prevent discrimination and/or retaliation, failure to accommodate, and failure to engage in the interactive process. Defendants now move to compel arbitration of all of Plaintiff's claims a...

Excerpt: ...arbara”), individually and on behalf of The Raymond and Barbara Shofler Family Trust and The Raymond Shofler IRA filed this action against Defendants Alan C. Fox, individually and as Trustee of the Alan C. Fox Revocable Trust (“Fox”) and ACF Property Management, Inc. (“ACF”) alleging that Defendants made false representations regarding certain investment opportunities. The operative Fourth Amended Complaint (“4AC”) was filed on Augu...

Excerpt: ...his action on July 6, 2020 against Defendants Arvind Doshi, Paras Doshi, Tejas Doshi, and Doshi Investments. The operative First Amended Complaint (“FAC”) was filed on April 8, 2021, and asserts causes of action for (1) usury, (2) common counts, (3) violation of California Finance Code Section 22750, and (4) unfair competition in violation of Business & Professions Code Section 17200. Defendants now move for an order imposing monetary sanctio...

Excerpt: ...r 7 Trustee (the “Trustee”), filed this Complaint in Interpleader on November 4, 2016. The Complaint alleges that on July 29, 2014, Debtor Banning at 8 th Street, LLC (“Debtor”) commenced a voluntary Chapter 7 petition in the U.S. Bankruptcy Court. Todd Frealy was appointed the Chapter 7 Bankruptcy Trustee. At the time of the bankruptcy filing, Debtor owned real property located at 806 and 860 Ramsey Street in Banning, California (the “...

Excerpt: ...pril 20, 2021, against Defendants FCA US, LLC (“FCA”) and Bravo Chrysler Dodge Jeep Ram of Alhambra (“Bravo”). The Complaint asserts causes of action for statutory violations, breaches of warranty, and fraudulent concealment against FCA and a cause of action for negligent repair against Bravo arising out of the purchase of a 2018 Chrysler Pacifica (the “Subject Vehicle”). Defendants now move to compel arbitration of all of Plaintiff's...

Excerpt: ...er") filed this eminent domain action on August.4, 2017 against Defendants City of Compton (the "City") and Victor Orozco ("Orozco"). The operative Second Amended Complaint (“SAC”) adds JCJ Corporation (“JCJ”) as a plaintiff and was filed on May 6, 2019. The lawsuit arises out of the shutdown by the City of the marijuana dispensary named Compton Chronic owned by JCJ and operated by Fletcher and Miller. Orozco is alleged to be an employee ...

Excerpt: ... MOTION AND COMPLETION OF ARBITRATION Background Plaintiff Rosa Lilian Padilla Ayala filed this employment action against Defendants Teledyne Defense Electronics, d/b/a Teledyne Relays (“TDE”) and Veronica Clauson[1] (“Clauson”) on November 12, 2020. In the Complaint, Plaintiff asserts causes of action for discrimination, harassment, retaliation, failure to prevent discrimination, harassment, and retaliation, declaratory judgment, and wro...

Excerpt: ...a Gurrola (“Gurrola”), and Bertha Gutierrez (collectively, “Defendants”)[1] on April 20, 2018. The operative Second Amended Complaint (“SAC”) was filed on February 25, 2019, and asserts causes of action for violations of FEHA (discrimination, harassment, and retaliation on the basis of actual/perceived disability and also discrimination, harassment, and retaliation on the basis of race/national origin), violation of CFRA, failure to e...

Excerpt: ...MENDED COMPLAINT AND RELATED CROSS‐ACTION Background On April 24, 2020, Plaintiffs Noel C. McDaid, Eileen McDaid, Jon Wesley Christensen, Hanne Jo Christensen, Kalista Grace Base, and Kendra Georgeann Base (collectively, “Plaintiffs”) filed this action against various defendants, including Defendant LifePro Financial Services, Inc. (“LifePro”). The operative Third Amended Complaint (“TAC”) was filed on March 11, 2021, and asserts ca...

Excerpt: ...nd Vivian Meng filed this action on June 21, 2019. The operative Second Amended Complaint (“SAC”) was filed on March 24, 2021. The SAC asserts causes of action for (1) intentional misrepresentation, (2) negligence, (3) fraudulent conveyance, (4) breach of fiduciary duty, (5) violation of Business and Professions Code section 7160, (6) aiding and abetting unlicensed contracting, (7) conversion, (8) restitution, and (9) rescission. Defendants L...