Excerpt: ...NESSA VALDES TO THE WHOLE OF PLAINTIFF'S COMPLAINT AND TO CAUSES OF ACTION THEREIN; MOTION TO STRIKE PORTIONS OF PLAINTIFF'S VERIFIED COMPLAINT Background Plaintiff Fiona Valdes, individually and as Co-Trustee of the Ramon Iturrios Valdes Trust, dated February 7, 2005 (“Plaintiff”) filed this action on October 17, 2022 against Defendant Vanessa Valdes, individually and as Co-Trustee of the Ramon Iturrios Valdes Trust, dated February 7, 2005 (...

Excerpt: ...21 against Defendants The Gemological Institute of America, Inc. ("GA") and Those Certam Underwriters at Lloyd's, London ("Lloyd's"). The operative First Amended Complaint was filed on December 23, 2021, and asserts causes of action for (1) res ipsa loquitur, (2) negligence, (3) fraudulent inducement (4) breach of insurance contract (failure to provide insurance), (5) breach ofwarranty of fitness of purpose, (6) trespass to chattel, (7) breach of...

Excerpt: ...vidually and derivatively on behalf of Onyx Tower Management LLC ("Plaintiff') filed this action on November 30, 2018 against a number of defendants, including Michael Hakim. The operative Third Amended Complaint ('TACO was filed on October 22, 2020, asserting causes of action for breach of contract, breach of the covenant of good faith and fair dealing, constructive trust, accounting, declaratory relief, constructive fraud, fraud, and appointmen...

Excerpt: ... Elias, M.D. ("Elias"). On November 29, 2022, Doe filed the operative Second Amended Complaint, asserting a number of causes of action. On March 7, 2022, Elias filed a Cross-Complaint against a number of Cross-Defendants, including Doe. On June 13, 2022, Elias filed a First Amended Cross-Complaint ("FACC"), asserting causes of action for (1) fraud, (2) attempted extortion, (3) slander per se, (4) conversion, (5) intentional infliction of emotiona...

Excerpt: ...PECIALTY SERVICES - PASADENA: MOTION TO STRIKE PORTIONS OF PLAINTIFF'S CONIPLAINT On June 2, 2022, Plaintiff Chelsia Block ('Plaintiff') filed dlis action against Defendant Pathway Vet Alliance LLC dba Access Specialty Animal Hospital C 'Pathway Vet Alliance") The Complaint asserts causes of action for (1) breach of oral and Implied contract, (2) breach of implied warranty of good faith and mir dealing: (3) breach of Implied duty to perform with ...

Excerpt: ..., Plaintiffs Noel C. McDaid, Eileen McDaid, Jon Wesley Christensen, Hanne Jo Christensen, Kalista Grace Base, and Kendra Georgeann Base (collectively, "Plaintiffs") filed this action agamst various defendants, including Defendants Allianz Life Insurance Company of North America ("Allianz"), Harry Vernon Dawson III ("Dawson"), and Brian Lee Zeek. The operative Third Amended Complaint ("TAC") was filed on March 11, 2021, and asserts causes of actio...

Excerpt: ...nd Plaintiff 11640 Woodbridge Condominium Homeowners' Association (“Plaintiff”) filed this action on January 7, 2022 against Defendants Farmers Insurance Exchange (“FIE”) and Local Roofer LLC. The Complaint asserts causes of action for (1) breach of the contractual duty to pay a covered insurance claim, (2) breach of the implied covenant of good faith and fair dealing, and (3) negligence. On April 20, 2022, Nelson Bardales dba Local Roofe...

Excerpt: ...�) in pro per, filed this action against Defendant Blue Shield of California. In the Complaint, Plaintiff alleges that he signed up for healthcare coverage on “December 15 th.” Plaintiff alleges that without warning or notice, Blue Shield of California cancelled his health insurance policy leaving Plaintiff uninsured for the month of January. On January 21, 2022, Plaintiff went to the doctor to receive treatment for a rash, but his health ins...

Excerpt: ...is action against Defendants FI Automotive Group, Inc. (“FI Automotive Group”), Arthur Bakharyan, aka Artur Bakharyan, and George Bakharyan, aka Gevork Bakharyan, aka G. Bakharyan. The Complaint asserts causes of action for (1) breach of lease, (2) conversion, (3) violation of Penal Code section 496, (4) breach of guaranty, and (5) common count. On September 26, 2022, Plaintiff filed an amendment to the Complaint naming Formula Automotive Gro...

Excerpt: ...SUPPORT OF REPLY MOTION TO SUPPORT CONFIDENTIALITY DESIGNATION; DEFENDANT HARVEY CHAMPLIN'S MOTION TO SEAL CONSOLIDATED OPPOSITION PREVIOUSLY-FILED CONDITIONALLY UNDER SEAL Background Plaintiffs C&M Investment Group, Ltd. (“C&M”) and Karlin Holdings Limited Partnership (jointly, “Plaintiffs”) filed this action on June 23, 2021 against Defendant Harvey Champlin (“Defendant”), asserting causes of action for (1) intentional interference ...

Excerpt: ... Joseph Safran (“Safran”) and One Capital Group, Inc. (jointly, “Defendants”) on August 17, 2016. The Complaint asserts causes of action for (1) breach of written contract, (2) open book account, (3) money had and received, (4) unjust enrichment, (5) conversion, (6) fraud in the inducement, and (7) equitable relief. On October 25, 2018, the Court entered a Judgment in this action indicating that “judgment is entered in favor of Plaintif...

Excerpt: ...gust 19, 2022, against Defendant BMW of North America, LLC (“Defendant”). The Complaint asserts causes of action for (1) violation of Song Beverly Act – breach of express warranty, (2) violation of Song Beverly Act – breach of implied warranty, (3) violation of Song Beverly Act section 1793.2, and (4) “violation of the Song-Beverly Act section 1793.22 – Tanner Consumer Protection Act.” In the Complaint, Plaintiff alleges that he lea...

Excerpt: ...any, Inc. formerly known as Tule Rod and Gun Club Inc. (“Plaintiff”) filed this action. The operative First Amended Complaint (“FAC”) asserts causes of action for (1) breach of contract and (2) breach of the implied covenant of good faith and fair dealing against Defendant Chicago Title Insurance Company (“Defendant”). Defendant now moves for summary judgment, or in the alternative, summary adjudication. Plaintiff opposes. On February...

Excerpt: ...RESPOND Background Plaintiff Kisha Harris (“Plaintiff”) filed this action on June 22, 2022 against Defendant Lian Boyd (“Defendant”). The Complaint asserts causes of action for (1) unlawful retention of security deposit, (2) breach of residential lease agreement, (3) negligence, (4) conversion, (5) Business and Professions Code section 17200, (6) breach of warranty of habitability, and (7) breach of statutory warranty of habitability. Pla...

Excerpt: ... Brent Evans (“Evans”) and Style Squared, LLC (“Style Squared”) (jointly, “Plaintiffs”) filed this action on May 9, 2022 against Defendants Sophia Jin (“Jin”) and Colorish, LLC dba Indigo Rose. The Complaint asserts causes of action for (1) breach of contract, (2) breach of implied covenant of good faith and fair dealing, (3) breach of contract, and (4) breach of implied covenant of good faith and fair dealing. [1] Jin and Coloris...

Excerpt: ... of herself and all others similarly situated (“Plaintiff”) filed this action against Defendants Adir International, LLC dba Curacao (“Adir”), Alex Hernandez (“Hernandez”), and Eric Vital Rubio (“Rubio”). The Complaint asserts eighteen causes of action. Adir and Rubio (jointly, “Defendants”) now move for summary adjudication with respect to Plaintiff's first cause of action for discrimination based on disability/medical condit...

Excerpt: ...ijon 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. The operative Second Amended Complaint (“SAC”) was filed on August 9, 2021, and asserts causes of action for (1) breach of contract, (2) defamation per se, (3) discrimination, (4) breach of the implied covenant of quiet enj...

Excerpt: ...ng Arm Group, LLC (“SAG”), Eric Yohan Knipe (“Knipe”), and Joseph Feldman (“Feldman”). On January 22, 2021, Feldman filed a Cross-Complaint against SAG and Knipe (jointly, “Cross-Defendants”). On March 23, 2021, Feldman filed a First Amended Cross-Complaint (“FACC”) against Cross-Defendants. On May 4, 2022, the Court issued an order sustaining in part and overruling in part Cross-Defendants' demurrer to the FACC, and denying C...

Excerpt: ...ONS Background Plaintiff Elm Terrace Holdings, LLC (“Plaintiff”) filed this action on November 10, 2021 against Defendants Snatch Media, Inc. dba Dealer Preroll (“Snatch Media”) and Truman Hedding (“Hedding”). [1] On July 6, 2022, Plaintiff served Form Interrogatories, Set One; Requests for Production of Documents and Things, Set One; and Requests for Admissions, Set One on Hedding. (Rothman Decls., ¶ 2, Exs. A.) The foregoing discov...

Excerpt: ...instant action on December 22, 2017 against Defendants County of Los Angeles (the “County”) and Board of Supervisors for the County of Los Angeles (jointly, “Defendants”). The Complaint asserts causes of action for (1) promissory estoppel, (2) promissory fraud, (3) negligent misrepresentation, (4) breach of contract, (5) breach of implied-in-fact contract, (6) breach of covenant of good faith and fair dealing, (7) services rendered/quantu...

Excerpt: ...CROSS-COMPLAINT AND RELATED CROSS-ACTION Background On June 7, 2021, Plaintiff R&R Masonry (“R&R”) filed this action against Defendants H.A. Lewis, Inc. (“H.A. Lewis”), Los Angeles Unified School District (the “District”), and U.S. Specialty Insurance Company. 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) enf...

Excerpt: ...Ares Management (jointly, “Defendants”). The Complaint asserts one cause of action for breach of contract. Moussouros now demurs to the first cause of action for breach of contract. Plaintiff opposes. Discussion A. Legal Standard 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 Cal.3d 311, 318.)...

Excerpt: ...ards, Jr. and Xceed Financial Credit Union (“Xceed”). The Complaint asserts one cause of action for the partition and sale of real property. In the Complaint, Birch alleges that she and James M. Edwards, Jr. are each the owners of a fifty percent interest in certain real property located at 837 Crescent Drive, Monrovia, California (the “Subject Property”). (Compl., ¶ 7.) Plaintiff alleges that Xceed is the holder of certain liens on the ...

Excerpt: ...USTICE ADVOCATES (TAMARA FREEZE) Background Plaintiff Jason Dizon (“Plaintiff”) filed this action against Defendant Western Asset Management Company, LLC (“Defendant”) on May 20, 2020. In the Complaint, Plaintiff asserts causes of action for (1) retaliation in violation of Equal Pay Act, (2) whistleblower retaliation, (3) retaliation in violation of FEHA, (4) retaliation in violation of Cal. Labor Code § 98.6, (5) discrimination on the b...

Excerpt: ...ION Background On January 3, 2018, Plaintiff Rick Siegel (“Siegel”) filed this action against Defendants David A. Alessi (“Alessi”); Robert A. Koenig (“Koenig”); Alessi & Koenig; Alessi & Koenig, a Professional Corporation; and Alessi & Bayard. Siegel filed the operative Second Amended Complaint (“SAC”) on July 29, 2019, asserting causes of action for (1) breach of fiduciary duties, (2) constructive fraud, (3) intentional misrepre...

Excerpt: ...�Plaintiff”) filed this action on May 24, 2022 against Defendants On It Pro LLC (“On It Pro”) and Erik Nordskog, aka Eric R. Nordskog, aka Erik R. Nordskog (“Nordskog”) (jointly, “Defendants”). The Complaint asserts causes of action for (1) breach of contract, (2) account stated, (3) money lent, (4) breach of guaranty, (5) breach of contract, (6) account stated, (7) money lent, and (8) breach of guaranty. The first, second, third, f...

Excerpt: ...A KRAVITZ'S COMPLAINT Background Plaintiff Nechama Kravitz (“Plaintiff”) filed this action on July 5, 2022 against Defendant Conrad Property Management Inc. (“Defendant”), asserting causes of action for (1) declaratory relief, (2) Business and Professions Code § 17200, (3) unlawful retention of security deposit, (4) breach of residential lease agreement, (5) negligence, and (6) conversion. Defendant now demurs to each of the causes of ac...

Excerpt: ...ted (“Plaintiff”) filed this action on January 26, 2021 against Defendant Agile Sourcing Partners, Inc. (“Defendant”). The Complaint asserts causes of action for (1) penalties pursuant to Labor Code § 2699, et seq. for violations of Labor Code §§ 201-203 and 432.5, (2) Unfair Competition Law violations, (3) violation of the Federal Credit Reporting Act, and (4) violation of the Investigative Consumer Reporting Agencies Act. On August 3...

Excerpt: ... California Risk Management Associates. On July 22, 2009, Plaintiff filed a First Amended Complaint asserting causes of action for (1) disability discrimination, (2) failure to engage in a good faith, timely interactive process, (3) failure to accommodate, (4) failure to prevent disability discrimination, and (5) retaliation in violation of FEHA. On March 4, 2010, Plaintiff filed an amendment to the complaint substituting the name of Los Angeles ...

Excerpt: ...EMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT Background Plaintiff Hsiang H. Kung (“Plaintiff”) filed this action on March 25, 2022 against Defendants CBL Freight Systems, Inc. (“CBL Freight”), Coast Bridge Logistics, Inc. (“Coast Bridge Logistics”), Auto Link Diesel Repair, Inc. (“Auto Link Diesel”), Qwic Trans. Inc. (“Qwic Trans.”), Pacific Ocean Transportation, Inc. (“Pacific Ocean Transportation”), Quinn Wu, Michael W...

Excerpt: ...kground On May 6, 2015, Plaintiff Andrew Milder (“Plaintiff”), in pro per, filed this action against Defendants Shawn Holley and Kinsella Weitzman Iser Kump & Aldisert, LLP (“Kinsella”) (jointly, “Defendants”). The Complaint alleges causes of action for (1) declaratory relief, (2) fraud, (3) breach of fiduciary duty, (4) breach of contract, (5) violation of Business & Professions Code § 17200 et seq., (6) unjust enrichment, and (7) i...

Excerpt: ...round Plaintiff Alvin Tate, an incompetent adult, by and through his Guardian Ad Litem Clarence Tate (“Plaintiff”) filed this action on March 5, 2015 against, among other defendants, Defendant FCA US LLC (“FCA”). The Complaint asserts causes of action for (1) strict product liability, and (2) negligence product liability. The case arises out of a car accident involving a 1998 Dodge Caravan and an airbag that did not deploy. FCA indicates ...

Excerpt: ...85,203.35, comprising $226,580.00 demanded in the complaint, $4,030.85 in costs, and $54,592.50 in attorney fees. The Court notes a number of defects with the submitted default judgment package. First, Item 2(a) of the Request for Court Judgment (Form CIV-100) indicates that Plaintiff seeks $226,580.00 in damages demanded in the complaint. However, the “Balance” line lists $123,780.00 in damages even though no “Credits acknowledged” are s...

Excerpt: ...iation”), Julio Vargas, and Flavio Fargas. The Complaint asserts seventeen causes of action. On April 28, 2022, the parties in this action participated in a Mandatory Settlement Conference. (Seals Decl., ¶ 5.) The matter was settled by allowing Plaintiff to purchase Vargas Association for the sum of $200,000.00. (Seals Decl., ¶ 5.) On May 20, 2022, the Court issued a minute order providing, inter alia, that “[t]he Court, having obtained a N...

Excerpt: ...UMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION Background Plaintiff Jose Luis Anguiano (“Plaintiff”) filed this action on March 3, 2021, against defendants National General Insurance Company (“NGIC”), Integon National Insurance Company (“Integon”), Freeway Insurance Services, Inc. (“Freeway Insurance”), Freeway Insurance Services America, LLC (“Freeway Insurance America”), All Star General Insurance Agency (“Al...

Excerpt: ...MPEL ARBITRATION Background Plaintiff Gonzalo Moreno, as an aggrieved employee, and on behalf of all other aggrieved employees under the Labor Code Private Attorneys' General Act of 2004 (“Plaintiff”) filed this action against Defendant Unisource Solutions, Inc. (“Defendant”) on April 20, 2022. The Complaint asserts one cause of action for civil penalties under the Private Attorneys General Act of 2004 (“PAGA”). Defendant now moves fo...

Excerpt: ...une 21, 2019 against, inter alia, Defendants Leon Richard Mays (“Mays”), Michael Anthony Verdugo dba Verdugo & Associates (“Verdugo”), and Darryl Wayne Daniels (“Daniels”). The operative Third Amended Complaint (“TAC”) was filed on October 12, 2021. The TAC asserts causes of action for (1) intentional misrepresentation, (2) negligence, (3) fraudulent conveyance, (4) “withdrawn,” (5) violation of Business and Professions Code s...

Excerpt: ...6, 2021 against Defendant Jaguar Land Rover North America, LLC (“Defendant”). The Complaint alleges causes of action for (1) breach of implied warranty of merchantability under Song-Beverly Warranty Act, and (2) breach of express warranty under Song-Beverly Warranty Act. Plaintiff indicates that the parties entered into a settlement, whereby Defendant agreed to pay $61,000.00, inclusive of a loan payoff to Plaintiff in exchange for the subjec...

Excerpt: ...and 583.360 Background Plaintiff Consumer Advocacy Group, Inc. (“Plaintiff”) filed this Proposition 65 (“Prop 65”) action on June 20, 2017. The operative Second Amended Complaint (“SAC”) was filed on January 19, 2021, alleging that various defendants exposed California consumers to lead without Proposition 65 warnings through the manufacture and sale of certain food products (spices). This action was later consolidated with Consumer A...

Excerpt: ...ANCE COMPANY OF NORTH AMERICA'S MOTION FOR GOOD FAITH SETTLEMENT DETERMINATION AND RELATED CROSS-ACTIONS 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 Allianz Life Insurance Company of North America (“Allianz”). The operative Thi...

Excerpt: ...Plaintiff”) filed this action against Defendants Clay Lacy Aviation, Inc. (“CLA”) and Steven Lee (“Lee”) (jointly, “Defendants”) on October 29, 2021. In the Complaint, Plaintiff asserts causes of action for (1) sexual battery, (2) gender violence, (3) civil rights violation, (4) sexual harassment, (5) retaliation, (6) discrimination, (7) wrongful termination in violation of public policy, (8) wrongful termination, (9) failure to pre...

Excerpt: ...oore appeal[ed] from the judgment on a number of grounds, most notably the trial court's refusal to consolidate the unlawful detainer case against him with another action then pending in the superior court, brought by Moore , seeking quiet title to the property based on allegations that Martin-Bragg 's title to the property was actually held in trust for Moore 's benefit.” (Ibid.) The Court of Appeal concluded that “the trial court abused its...

Excerpt: ...rny”) and Irina Ermakova (“Ermakova”) (jointly, “Plaintiffs”) filed the instant action against Defendants Samuel Ohana (“Ohana”), Tamim, LLC (“Tamim”), The Barbara Willa Johanna Katt Living Trust (the “Trust”), and Marks and Associates, a California Accountancy Corporation (“Marks and Associates”) (collectively, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on August 18, 2022, and asserts...

Excerpt: ...ns and Terri Burns (jointly, “Plaintiff”) filed this action against Defendant General Motors, LLC (“GM”) on August 23, 2021. The Complaint asserts causes of action for (1) breach of implied warranty of merchantability under the Song-Beverly Act, (2) breach of express warranty under the Song-Beverly Act, and (3) fraudulent inducement - concealment. On February 14, 2022, the Court issued an Order sustaining GM's demurrer to the third cause ...

Excerpt: ...aramount Unified School District (“Defendant”). The Complaint asserts causes of action for (1) discrimination on the basis of race; (2) retaliation in violation of FEHA; (3) failure to prevent discrimination and retaliation; and (4) disability discrimination. Defendant now moves for summary judgment or, in the alternative, summary adjudication of issues. Plaintiff opposes. Evidentiary Objections The Court rules on Defendant's Revised Objectio...

Excerpt: ...On September 13, 2022, Plaintiff 801 Properties LP (“Plaintiff”) filed this unlawful detainer action against Defendants Kemar Newell (“Newell”) and Debbie Wright (“Wright”) (jointly, “Defendants”). Newell, in pro per, now demurs to the Complaint. Wright, in pro per, also demurs to the Complaint. Plaintiff opposes both. Discussion A demurrer can be used only to challenge defects that appear on the face of the pleading under attack ...

Excerpt: ...�), by and through his guardian ad litem, Paola Mejia, Noe Reyes Lopez, and Paola Mejia (collectively, “Plaintiffs”) filed this action on November 16, 2018 against Defendants Joe Oroñoz and Sarah Oroñoz. On February 13, 2019, Plaintiffs filed an amendment to the Complaint naming PI Properties No. 79, LLC (“PI Properties”) in place of “Doe 21.” The operative Third Amended Complaint (“TAC”) was filed on June 26, 2020, and asserts ...

Excerpt: ...fendants Marada Enterprises, LLC dba Marada Pictures (“Marada”) and Sarah Lazow (“Lazow”) (jointly, “Defendants”). The operative First Amended Complaint was filed on January 14, 2020 and asserts causes of action for (1) breach of contract, (2) fraud in the inducement, and (3) intentional interference with contractual relations. Marada filed a Cross-Complaint against Gibb on October 9, 2019, and an Amended Cross- Complaint on February ...

Excerpt: ..., by and through his guardian ad litem, Paola Mejia, Noe Reyes Lopez, and Paola Mejia (collectively, “Plaintiffs”) filed this action on November 16, 2018 against Defendants Joe Oroñoz and Sarah Oroñoz. On February 13, 2019, Plaintiffs filed an amendment to the Complaint naming PI Properties No. 79, LLC (“PI Properties”) in place of “Doe 21.” The operative Third Amended Complaint (“TAC”) was filed on June 26, 2020, and asserts ca...

Excerpt: ...”) filed this action on November 12, 2020 against Defendants Jim Falk Motors of Beverly Hills, Inc. and Toyota Motor Credit Corporation, dba Lexus Financial Services (“TMCC”) (jointly, “Defendants”). Plaintiff asserts causes of action for (1) financial abuse of an elder, (2) negligence, (3) intentional infliction of emotional distress, (4) breach of covenant of good faith and fair dealing, (5) violation of the Rosenthal Fair Debt Collec...

Excerpt: ...ed this action on May 20, 2022 against Defendants Palmdale School District, Edgar Ortega, Melissa Contri, and Larry Leuck (collectively, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on October 26, 2022 and asserts causes of action for (1) racial harassment (hostile work environment) in violation of FEHA; (2) racial discrimination in violation of FEHA; (3) retaliation in violation of FEHA; (4) failure to prevent h...

Excerpt: ...OSS-ACTIONS Background Plaintiff Earl Douberley (“Plaintiff”) filed this action on April 16, 2020 against Defendant Alexander Andrew, Inc. d/b/a FallTech (“FallTech”), alleging causes of action for (1) negligence, (2) strict products liability – design defect, (3) strict products liability – manufacture defect, (4) strict products liability – failure to warn, (5) breach of express warranty, (6) breach of implied warranty, and (7) ne...

Excerpt: ...intiff”) filed this action on January 12, 2021 against Defendants City of Los Angeles (the “City”), Los Angeles Zoo, and Adrianna Matthews. The original Complaint alleged causes of action for (1) negligence, (2) premises liability, (3) negligence per se, (4) violation of Government Code § 835, (5) negligent hiring and retention, and (6) battery. Plaintiff filed the First Amended Complaint (“FAC”) on February 4, 2022 against the City, L...

Excerpt: ...ion (“Plaintiff”) filed this action on July 26, 2019 against Defendants Perennial Engineering & Construction, Inc., dba DM Construction Services (“Perennial”); SBBC Associates Inc. dba Stonemark Construction Management; and Angelus Waterproofing & Restoration, Inc. (“Angelus”). The Complaint asserts causes of action for (1) breach of contract, (2) breach of express warranty, (3) breach of implied warranty, (4) negligence, and (5) stri...

Excerpt: ...lemon law action on May 25, 2022, against Defendant Nissan North America, Inc. (“Defendant”). The Complaint asserts causes of action for (1) violation of subdivision (d) of Civil Code section 1793.2, (2) violation of subdivision (b) of Civil Code section 1793.2, (3) violation of subdivision (a)(3) of Civil Code section 1793.2, (4) breach of express written warranty, and (5) breach of the implied warranty of merchantability. Plaintiffs allege ...

Excerpt: ...ssi”); Robert A. Koenig (“Koenig”); Alessi & Koenig; Alessi & Koenig, a Professional Corporation; and Alessi & Bayard. Siegel filed the operative Second Amended Complaint (“SAC”) on July 29, 2019, asserting causes of action for (1) breach of fiduciary duties, (2) constructive fraud, (3) intentional misrepresentation, and (4) legal malpractice. On March 8, 2019, Koenig filed a Cross-Complaint against Alessi for indemnity and contribution...

Excerpt: ...9 against Defendants Peter Thiel and Lorien Sunset LLC (“Lorien Sunset”) (jointly, “Defendants”). The Complaint asserts causes of action for (1) negligence, (2) nuisance, (3) trespass, (4) breach of contract, and (5) negligence per se. In the Complaint, Keenan alleges that Lorien Sunset holds title to property at 8600 Metz Place (aka 8635 Metz Place and 8550 Hedges Place) in Los Angeles. (Compl., ¶ 1.) In February 2019, a landslide emana...

Excerpt: ...ION Background Plaintiff Curtis R. Olson (“Plaintiff”) filed this action on December 23, 2019 against multiple parties, including The Ancient Temple of Wings (“ATW”). Plaintiff filed the operative Second Amended Complaint (“SAC”) on November 17, 2020. Default was entered against ATW on November 4, 2021. ATW moved to set aside entry of the default, and on September 1, 2022, the Court denied the motion without prejudice. ATW now moves f...

Excerpt: ...la Castro, individually and on behalf of all similarly aggrieved employees (“Plaintiff”) filed this action against Defendants GO RN, LLC and Cornerstone PEO, LLC (“Cornerstone”) (jointly, “Defendants”) on March 15, 2022. The Complaint asserts one cause of action for violation of Labor Code sections 2698, et seq., the Private Attorneys General Act (“PAGA”). Cornerstone now moves for an order compelling arbitration of Plaintiff's Co...

Excerpt: ...rt J. Smyth, M.D. (“Plaintiff”) filed this employment action against Defendants California Eye Specialists Medical Group, Inc., Payam Amini, M.D., Payam Amini, M.D., Inc., Azul Vision, Inc., and North Valley Eye Medical Group, Inc. (“NVE”) (collectively, “Defendants”) on April 1, 2022. In the Complaint, Plaintiff asserts causes of action for (1) breach of employment contract, (2) violation of Labor Code section 226, and (3) declarator...

Excerpt: ... Los Angeles County Metropolitan Transportation Authority (“LACMTA”) filed this eminent domain action against, inter alia, Century City Mall, LLC (“Century City”). LACMTA seeks to acquire by eminent domain (1) four exclusive permanent subsurface easements; (2) a 6-month temporary construction easement; and (3) a 12-month access area for the installation, monitoring, and removal of liquid level gauge devices within the real property locate...

Excerpt: .../k/a ILLMA GORE'S SPECIAL MOTION TO STRIKE PURSUANT TO CODE OF CIVIL PROCEDURE § 425.16 (“ANTI-SLAPP MOTION”) On March 2, 2022, Plaintiff Brian Warner p/k/a Marilyn Manson (“Plaintiff”) filed 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 s...

Excerpt: ...PLAINT Background Plaintiff Lynn Andrea Couch (“Plaintiff”) filed this action on June 20, 2022 against a number of defendants, including A.G. Layne, Inc. (“A.G. Layne”) and Fisher Scientific Company LLC (“Fisher”). Plaintiff's “Complaint for Toxic Injuries” asserts causes of action for (1) negligence, (2) strict liability – failure to warn, (3) strict liability – design defect, (4) fraudulent concealment, and (5) breach of imp...

Excerpt: ...�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; E.W. Wassef, M.D., Inc.; CCNI Incorporated; and Andrew Wassef, M.D., Inc. On May 31, 2022, Plaintiff filed the operative First Amended Complaint (“FAC”), asserting causes of action for (1) sexual battery in violation of Civil Code § 1708.5, ...

Excerpt: ...; DEFENDANT PARKLAND TOWNHOMES HOME OWNERS ASSOCIATION, INC.'S DEMURRER TO PLAINTIFFS' SECOND AMENDED COMPLAINT; DEFENDANT PARKLAND TOWNHOMES HOME OWNERS ASSOCIATION, INC.'S MOTION TO STRIKE PLAINTIFFS' SECOND AMENDED COMPLAINT Background On July 28, 2021, Plaintiffs Xian Chen Ge, Dong Ge, Yu Qi Ge, and Su Me Zheng (collectively, “Plaintiffs”) initiated the instant action against Defendants Joe Chikin (“Chikin”), Angela Szeto [1] , Parkla...

Excerpt: ...AND/OR 2033.290 OF $11,428.75 AGAINST ROSA BRAVO; PLAINTIFF'S MOTION FOR ORDER COMPELLING ANSWERS TO DEPOSITION QUESTIONS AND REQUEST FOR ISSUE SANCTIONS AND MONETARY SANCTIONS IN THE AMOUNT OF $11,270.00 AGAINST DEFENDANT ROSA BRAVO Background On October 2, 2019, Plaintiff Mirna Boror (“Boror”) filed this wrongful eviction action against, among others, Defendant Rosa Bravo (“Bravo”). On October 4, 2019, Boror filed the operative First Am...

Excerpt: ...mber 2, 2018 against a number of Defendants including Michael AK Dan, Esq. (“Dan”). The operative Third Amended Complaint (“TAC”) was filed on August 19, 2020 and asserts causes of action for (1) legal malpractice and (2) breach of fiduciary duty. Dan now moves for an order granting summary judgment, or in the alternative, summary adjudication. Plaintiff opposes. Evidentiary Objections The Court rules on the parties' Joint Stipulation Re:...

Excerpt: ...iff”) filed this employment action on March 24, 2022 against a number of Defendants, including Pacific Park Healthcare Center, LLC (“PPHC”); Renew Health Group, LLC (“Renew”); CPE HR, Inc. (“CPE”); and Modern HR, Inc. (“Modern HR”) (collectively “Defendants”). The Complaint asserts eleven causes of action. Defendants now move for an order compelling Plaintiff to arbitrate all claims asserted in this action and staying this a...

Excerpt: ...aintiff”) filed its complaint in this action against Defendant Farmers Insurance Exchange (“Defendant”) asserting a sole cause of action for tortious breach of the implied covenant of good faith and fair dealing. On April 27, 2021, the Court issued an Order granting Defendant's motion for summary judgment. On July 15, 2021, the Court entered Judgment in favor of Defendant and against Plaintiff. On July 16, 2021, the Court issued an Order de...

Excerpt: ...�) on March 11, 2022. On May 31, 2022, Plaintiff filed the operative First Amended Complaint (“FAC”), asserting causes of action for (1) age discrimination in violation of Gov. Code § 12940, et seq., (2) race discrimination in violation of Gov. Code § 12940, et seq., (3) retaliation in violation of Gov. Code § 12940, et seq., (4) harassment in violation of Gov. Code § 12940, et seq., (5) failure to prevent discrimination and retaliation i...

Excerpt: ...pital Corp. (“SecurCapital”) and Stephen J. Russell (“Russell”) (jointly, “Defendants”). Plaintiff filed the operative First Amended Complaint (“FAC”) on May 27, 2022, 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 misrepresent...

Excerpt: ...(“Plaintiff”) filed this lemon law action on April 7, 2022, against Defendant General Motors LLC (“GM”). Plaintiff filed the operative First Amended Complaint (“FAC”) on June 13, 2022, asserting causes of action for (1) violation of subdivision (d) of Civil Code section 1793.2, (2) violation of subdivision (b) of Civil Code section 1793.2, (3) violation of subdivision (a)(3) of Civil Code section 1793.2, (4) breach of the implied warr...

Excerpt: ...und Lines, Inc. (“Greyhound”) and Jorge Ochoa (“Ochoa”) on September 4, 2019. The Complaint asserts causes of action for (1) discrimination in violation of FEHA, (2) harassment in violation of FEHA, (3) retaliation in violation of FEHA, (4) failure to prevent discrimination, harassment, and retaliation in violation of FEHA, (5) failure to accommodate disability in violation of FEHA, (6) failure to engage in the interactive process in viol...

Excerpt: ...fendant”). The operative First Amended Complaint (“FAC”) was filed on July 14, 2022, asserting causes of action for (1) violation of subdivision (d) of Civil Code section 1793.2, (2) violation of subdivision (b) of Civil Code section 1793.2, (3) violation of subdivision (a)(3) of Civil Code section 1793.2, and (4) breach of the implied warranty of merchantability. In the FAC, Plaintiff alleges that on or about December 24, 2016, she entered...

Excerpt: ...tion against Defendants United Parcel Service, Inc. (“UPS”) and Ryan Quon (“Quon”), asserting causes of action for (1) Ralph Civil Rights Act – Civ. Code, §§ 51.7, 52; (2) sexual harassment – Gov. Code, § 12940(j)(1); (3) failure to prevent sexual harassment – Gov. Code, § 12940(k); (4) negligent hiring, supervision or retention; (5) stalking – Civ. Code, § 1708.7; (6) intentional infliction of emotional distress; and (7) inj...

Excerpt: ...nd Daijon 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”). The operative Second Amended Complaint (“SAC”) was filed on August 9, 2021, and asserts causes of action for (1) breach of contract, (2) defamation per se, (3) discrimination, (4) breach of the implied cove...

Excerpt: ...the Gemological Institute of America, Inc. (“GIA”) and Those Certain Underwriters at Lloyd's, Longon (“Lloyd's”). The operative First Amended Complaint (“FAC”) was filed on December 23, 2021, and asserts causes of action for (1) res ipsa loquitur, (2) negligence, (2) fraudulent inducement, (4) breach of insurance contract (failure to provide insurance), (5) breach of warranty of fitness of purpose, (6) trespass to chattel, (7) breach ...

Excerpt: ...aid, Jon Wesley Christensen, Hanne Jo Christensen, Kalista Grace Base, and Kendra Georgeann Base (collectively, “Plaintiffs”) filed this action against various defendants, including Defendants Brian Lee Zeek, Surf City Financial Group, and Allianz Life Insurance Company of North America (“Allianz”). The operative Third Amended Complaint (“TAC”) was filed on March 11, 2021, and asserts causes of action for professional negligence, brea...

Excerpt: ...NEYS' FEES AND FOR MONETARY SANCTIONS AGAINST PLAINTIFF AND HIS COUNSEL OF RECORD SETH I. ROSENBERG, ESQ. AND THE LAW FIRM OF EMERGENT LLP IN THE AMOUNT OF $2,810 Background Plaintiff Adrian Jonathan Gallegos (“Plaintiff”) filed this action on July 10, 2019 against, inter alia, Defendant Beverly Hills Cab Co., Inc. On September 3, 2019, Defendant Beverly Hills Transit Cooperative, Inc. (“BHC”), erroneously sued as Beverly Hills Cab Co., I...

Excerpt: ...h Lo (“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, Chang, Lo, and Wild Chang, Jr. (collectively, “Plaintiffs”) filed the second action against Farmers, FIE, Chern, and Woolls Peer Dollinger & Scher (“WPDS”). The operative Third Amended Complain...

Excerpt: ...aintiff Evan Wasserstrom (“Plaintiff”) filed this action on December 6, 2019 against Defendants RPK Development Corporation, Korda Construction Corporation, and 7275 Franklin LLC (collectively, “Defendants”). The Complaint[1] asserts causes of action for (1) breach of implied warranty of habitability, (2) negligence, and (3) breach of contract. Plaintiff's habitability action arises from Defendants' alleged failure to properly maintain an...

Excerpt: ...behalf of himself, all other aggrieved employees, and the general public (“Plaintiff”) filed this action against Defendants Guckenheimer Enterprises, Inc. (“Guckenheimer Enterprises”) and Guckenheimer Services, LLC (jointly, “Defendants”) on April 27, 2021. Plaintiff filed the operative First Amended Complaint (“FAC”) on October 25, 2021 asserting one cause of action for civil penalties under the Private Attorneys General Act (“...

Excerpt: ...MPLY WITH THE COURT'S ORDER GRANTING PLAINTIFF'S MOTION TO COMPEL RESPONSES TO REQUESTS FOR PRODUCTION, SET ONE; MOTION TO COMPEL COMPLIANCE WITH THE COURT'S DECEMBER 1, 2021 ORDER AND FOR TERMINATING, ISSUE, EVIDENTIARY, AND/OR MONETARY SANCTIONS AGAINST DEFENDANT EXQUISITE APPAREL CORP. Background On January 20, 2021, Plaintiff Fredy Vera Corona (“Plaintiff”) filed this action against Defendants Exquisite Apparel Corp. (“Exquisite Apparel...

Excerpt: ...intiff”) filed this action against Defendants Clay Lacy Aviation, Inc. (“CLA”) and Steven Lee (“Lee”) (jointly, “Defendants”) on October 29, 2021. In the Complaint, Plaintiff asserts causes of action for (1) sexual battery, (2) gender violence, (3) civil rights violation, (4) sexual harassment, (5) retaliation, (6) discrimination, (7) wrongful termination in violation of public policy, (8) wrongful termination, (9) failure to preven...

Excerpt: ...TIFF JASON DIZON AND HIS COUNSEL WORKPLACE JUSTICE ADVOCATES (TAMARA FREEZE) Background Plaintiff Jason Dizon (“Plaintiff”) filed this action against Defendant Western Asset Management Company, LLC (“Defendant”) on May 20, 2020. In the Complaint, Plaintiff asserts causes of action for (1) retaliation in violation of Equal Pay Act, (2) whistleblower retaliation, (3) retaliation in violation of FEHA, (4) retaliation in violation of Cal. Lab...

Excerpt: ...) filed the Complaint in this action on January 26, 2018 against Defendants Toyota Motor North America, Inc. and The Anschutz Corporation, asserting causes of action for premises liability and general negligence. Fowkes alleges that he fell to the ground and sustained injuries while attempting to sit on a suspended motorcycle during an automobile exhibition at the Los Angeles Convention Center. (Compl., pp. 4-5.) Fowkes asserts that members of th...

Excerpt: ...laint in this action for “Temporary Restraining Order, Preliminary and Permanent Injunctions and Damages” against Defendants Benjamin Joon Tae Kim (“Kim”) and Jullie Myung (“Myung”), Trustees of the Myung Family Trust, dated November 9, 2019 (jointly, “Defendants”). On September 21, 2021, Kim and Myung, Trustees of the Myung Kim Family Trust, dated November 9, 2019 (the “Kim Trust”)[1] (collectively, the “Cross‐Complainant...

Excerpt: ...INC. AND TARGET CORPORATION ON STATUTORY AFFIRMATIVE DEFENSES ON THE MERITS (HSC 25249.10(c)) Background Plaintiff Consumer Advocacy Group, Inc. (“Plaintiff”) filed this Proposition 65 (“Prop 65”) action on June 20, 2017. The operative Second Amended Complaint (“SAC”) was filed on January 19, 2021 against, inter alia, Gel Spice Company, Inc. (“Gel Spice”), Big Lots Stores, Inc., Grocery Outlet, Inc., and Target Corporation (collec...

Excerpt: ...ed this action on May 20, 2019 against Defendant Whittier College (“Defendant”). The operative Fifth Amended Complaint (“FAC”) was filed on January 24, 2022 and asserts causes of action for (1) defamation, (2) retaliation (FEHA), (3) failure to prevent/investigate/remedy retaliation and/or harassment (FEHA), (4) retaliation (Labor Code § 1102.5), (5) sexual harassment hostile work environment (FEHA), (6) retaliation (Title IX), and (7) w...

Excerpt: ...andy Lopez (“Lopez”) filed this action against Defendants United Parcel Service, Inc. (“UPS”) and Ryan Quon (“Quon”). On December 20, 2018, Quon filed a Cross-Complaint against Lopez and UPS. On February 28, 2022, Quon filed the operative Fifth Amended Cross-Complaint against UPS, Lopez, Ruben Duran, Morgan Price (“Price”), Don Tefft, La Shawn Stanford (“Stanford”), Fausto Vargas, and Teamsters Local 396, asserting causes of a...

Excerpt: ...IDENCE SANCTIONS, AND MONETARY SANCTIONS IN THE SUM OF $3,260.00 AGAINST DEFENDANT JESSICA MAH AND KRING & CHUNG LLP Background Plaintiff 290 Beowawie LLC (“Plaintiff”) filed this action on February 2, 2021. On July 19, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”) against Defendants Indinero Inc. (“Indinero”), Jessica Mah (“Mah”), Andy Su aka Andrew Su aka Dizhe Su (“Su”), Employees First Advocates LLC, ...

Excerpt: ...ur (“Plaintiff”) filed this action against Defendant Walnut Mobile Home Park, Ltd. (“Defendant”), asserting causes of action for (1) trespass to land, (2) negligence, and (3) injunctive relief. Plaintiff alleges that on April 24, 2018, he bought a home located at 9042-9044 Painter Ave. in Whittier California, (Compl., ¶ 7.) Defendant owns a mobile home park located at 9022- 9032 Painter Ave in Whittier. (Compl., ¶ 8.) Defendant's proper...

Excerpt: ...g-Han Tsai (“Tsai”), asserting causes of action for (1) breach of contract, and (2) unjust enrichment. Default was entered against Tsai on December 13, 2021. On April 28, 2022, the Court issued an Order granting Plaintiff's request for default judgment against Tsai. Judgment by default was entered against Tsai on April 28, 2022. Tsai now moves for an order that the default judgment be set aside as void pursuant to Code of Civil Procedure sect...

Excerpt: ...H LIMITED DISCOVERY Background On March 2, 2022, Plaintiff Brian Warner p/k/a Marilyn Manson (“Plaintiff”) filed 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 (“IIED”), (2) defamation per se, (3) violation of the Comprehensive Computer Data and Access Fraud Ac...

Excerpt: ...n (“Plaintiff”) filed this action against Defendants Andrew David Head and Cesar A. Montoya (jointly, “Defendants”). The Complaint asserts causes of action for (1) wrongful eviction, (2) constructive eviction, (3) unlawful retention of security deposit, (4) failure to provide separate utility meters, (5) failure to provide monetary relocation assistance fees, (6) statutory breach of the implied warranty of habitability, (7) tortious breac...

Excerpt: ... and Sim Bilal (“Bilal”) (collectively, “Plaintiffs”) filed this action against Defendants Caruso Management Company, LTD. and GMF, LLC.[1] Caruso Management Company, LTD. and GFM, LLC are referred to jointly herein as “Defendants.” Plaintiffs' Complaint asserts causes of action for (1) violation of California Constitution, Article I, § 2 (as-applied content-and viewpoint-discrimination); and (2) violation of California Constitution,...

Excerpt: ...nster”). The Complaint 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 discrimination, and (5) wrongful termination in violation of public policy. Plaintiff alleges that he began working with Monster on or about October 17, 2006 as a “Monster Ambassador.” (Compl., ¶ 11.) Plaintiff was diagnosed with testicu...

Excerpt: ...ur (“Plaintiff”) filed this action against Defendant Walnut Mobile Home Park, Ltd. (“Defendant”), asserting causes of action for (1) trespass to land, (2) negligence, and (3) injunctive relief. Plaintiff alleges that on April 24, 2018, he bought a home located at 9042-9044 Painter Ave. in Whittier California, (Compl., ¶ 7.) Defendant owns a mobile home park located at 9022- 9032 Painter Ave in Whittier. (Compl., ¶ 8.) Defendant's proper...

Excerpt: ...TER TORRANCE AND PROVIDENCE HEALTH & SERVICES DEMURRER TO PLAINTIFF'S COMPLAINT; DEFENDANT PROVIDENCE HEALTH SYSTEM SOUTHERN CALIFORNIA dba PROVIDENCE LITTLE COMPANY OF MARY MEDICAL CENTER TORRANCE AND PROVIDENCE HEALTH & SERVICES MOTION TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT Background Plaintiff Valarie Burks, on behalf of her husband, Gregory Burks (“Mr. Burks”), as Power of Attorney (“Plaintiff”) filed this action on January 6, 20...

Excerpt: ...ion on February 2, 2021. On July 19, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”) against Defendants Indinero Inc. (“Indinero”), Jessica Mah (“Mah”), Andy Su aka Andrew Su aka Dizhe Su (“Su”), Employees First Advocates LLC, and Pry Financials Inc., asserting causes of action for (1) breach of contract, (2) relief against avoidable transfers and/or obligations, (3) breach of fiduciary duty, (4) quia timet, an...