Excerpt: ... arbitration award issued on February 9, 2021 in a commercial arbitration proceeding. Subsequently, Petitioner filed an amended petition on March 9, 2021, to correct a typographical issue on the caption of the court form. The arbitration award was for $701,098.00 as well as injunctive relief, attorney's fees in the amount of $247,054.10, costs of suit in the amount of $80,030.00, legal interest at the statutory rate, and discovery sanctions in th...

Excerpt: ...a J.R. Clary), John Sloan, Dana Cole, and Milton Grimes (“Grimes”) (collectively, “Defendants”). The Complaint alleges causes of action for (1) fraud, (2) conversion, (3) breach of fiduciary duty, (4) negligent misrepresentation, (5) intentional infliction of emotional distress, and (6) elder financial abuse. On April 16, 2021, an Order was filed in this action in which the Court granted Grimes's motion to stay or dismiss the case. As set...

Excerpt: ...�) 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 Complaint (“TAC”)...

Excerpt: ...guardian ad litem, Paola Mejia, Noe Reyes Lopez (“Lopez”), and Paola Mejia (“Mejia”) (collectively, “Plaintiffs”) filed this action on November 16, 2018 against Defendants Joe Oroñoz and Sarah Oroñoz (the “Oroñozes”). 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 ...

Excerpt: ...f Curtis R. Olson (“Plaintiff”) filed this action on December 23, 2019 against multiple parties, including Defendant Milder Arroliga, as trustee of the ATW Trust (“Arroliga”) and The Ancient Temple of Wings (“ATW”). Plaintiff filed the operative Second Amended Complaint (“SAC”) on November 17, 2020. Default was entered against Arroliga and ATW on November 4, 2021. On January 5, 2022, Arroliga filed a previous motion to set aside e...

Excerpt: ...3, 2021 against the Gemological Institute of America, Inc. (“GIA”) and Those Certain Underwriters at Lloyd's, Longon (“Lloyd's”) (jointly, “Defendants”). 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 p...

Excerpt: ... Background On March 18, 2022, Plaintiff Gary Huerta (“Plaintiff”) filed this action against Defendants Michael Simms (“Simms”), Carmen Santillan (“Santillan”), Plant Ranch, Inc. (“Plant Ranch”), and Cena Kitchen, LLC. Plaintiff filed the operative First Amended Complaint (“FAC”) on May 9, 2022. The FAC alleges causes of action for (1) appointment of a receiver, (2) constructive fraud, (3) accounting, (4) conversion, (5) breac...

Excerpt: ...nielle Nayebdadash (“Danielle”) (jointly, “Plaintiffs”) filed this action on January 27, 2022 against Defendants Inszone Insurance Services LLC (“Inszone”), Pat Grignon (“Grignon”), and Corey Elsasser (“Elsasser”) (collectively, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on March 18, 2022, and asserts causes of action for (1) intentional misrepresentation, (2) negligent misrepresentation, (3...

Excerpt: ...filed this action on March 19, 2021 against Defendants BMW of North America, LLC (“BMWNA”) and SAI Long Beach B, Inc., dba Long Beach BMW (“SAI”). 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) negligent repair, arising out of the purchase of a ...

Excerpt: ...laintiff Candy 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, asserti...

Excerpt: ...North America, Inc. (“Defendant”). The Complaint asserts two causes of action against Defendant for (1) breach of implied warranty of merchantability under the Song-Beverly Act, and (2) breach of express warranty under the Song-Beverly Act, arising out of the purchase of a 2021 Nissan Sentra, VIN 3N1AB8CVXMY241115 (the “Subject Vehicle”). (Compl., ¶ 5.) Defendant moves for an order compelling Plaintiff arbitrate this matter and to stay t...

Excerpt: ...6 against, inter alia, Defendant Mary Ruth Summers (“Summers”). The Complaint alleges causes of action for (1) recovery of money paid by mistake, (2) common count for money had and received, (3) common count for money paid, and (4) open book account. The Complaint seeks damages arising from the defendants' alleged wrongful failure to repay mistaken wage overpayments made by LAUSD and received by defendants while they were employees of LAUSD. ...

Excerpt: ...rrera (“Abran”) and J. Jesus Perez Gudino (“Plaintiffs”) filed this action against Defendant Rosio Munoz (“Munoz”), and all persons unknown, claiming any legal or equitable right, title, estate, lien, or interest in the property described in this Complaint, which is adverse to Plaintiffs' title or creates any cloud on Plaintiffs' title. The Complaint asserts causes of action for (1) quiet title and (2) cancellation of deed. Plaintiffs...

Excerpt: ...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 Defendants Brian Lee Zeek, Surf City Financial Group, and Allianz Life Insurance Company of North America (“Allianz”). The operative Third Amended Complaint (“TAC”) was...

Excerpt: ...d Plaintiff Rozina Khan (“Plaintiff”) filed this action on October 22, 2019 against Defendants Balbir Singh (“Singh”) and all persons unknown, claiming any legal or equitable right, title, estate, lien or interest in the property described in the Complaint adverse to Plaintiff's title, or any cloud upon Plaintiff's title thereto. The Complaint asserts causes of action for (1) constructive trust, (2) accounting, (3) conversion, and (4) qui...

Excerpt: ...On November 13, 2019, Plaintiffs Gerald Friedman (“Friedman”) and Jennifer Lechter, as trustee of the Gerald M. Friedman Trust Dated 4/24/08 (“Lechter”) [1] (jointly, “Plaintiffs”) filed this action against various defendants. The operative First Amended Complaint (“FAC”) was filed on November 22, 2019. On June 13, 2022, Lechter, solely in her capacity as trustee of the Gerald M. Friedman Trust Dated 4/24/08, and defendants Yossi ...

Excerpt: ...tion award issued on February 9, 2021 in a commercial arbitration proceeding. Subsequently, Petitioner filed an amended petition on March 9, 2021, to correct a typographical issue on the caption of the court form. The arbitration award was for $701,098.00 as well as injunctive relief, attorney's fees in the amount of $247,054.10, costs of suit in the amount of $80,030.00, legal interest at the statutory rate, and discovery sanctions in the amount...

Excerpt: ...ion on June 30, 2017 against Defendants Patrick Khalafian (“Khalafian”), Dertad Teddy Bedjakian (“Bedjakian”), and 168 Entertainment, LLC (“168 Entertainment”). Plaintiffs filed the operative Second Amended Complaint (“SAC”) on July 3, 2018, asserting causes of action for (1) fraud, (2) breach of contract and (3) breach of the covenant of good faith and fair dealing. On October 22, 2018, Bedjakian filed an Answer to the SAC, in wh...

Excerpt: ...z, Jesus Garza Perez, Jr., Jesus Perez, Jr., and Rosa I. Villalobos (“Villalobos”). The Complaint contains one cause of action for declaratory relief. In the Complaint, Plaintiff alleges that as of May 3, 2018, Villalobos was the owner in fee simple of real property located at 1419-1419 ½ W. 105 th Street, Los Angeles, California 90047 (the “1419 Property”) and 1425 West 105 th Street, Los Angeles, California 90047 (the “1425 Property�...

Excerpt: ...tiffs 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 (“Szeto”), Parkland Townhomes Homeowners Association, Inc., and Inveserve Corporation (“Inveserve”). Plaintiffs filed a First Amended Complaint (“FAC”) on February 3, 2022, asserting causes of action for (1) violation of Civil Code § 1941, et seq. and Civil Cod...

Excerpt: ...� 2023.030(a) OR 2031.310(h) - REQUEST FOR PRODUCTION OF DOCUMENTS; PLAINTIFF MIRNA BOROR'S MOTION FOR (i) SANCTIONS BASED ON DEFENDANT'S FAILURE TO COMPLY WITH THE COURT'S SEPTEMBER 28, 2021 ORDER; AND/OR (ii) MONETARY SANCTIONS OF $4,936.65 AGAINST DEFENDANT ROSA BRAVO UNDER CCP § 2023.030(a) OR 2033.290 - REQUEST FOR ADMISSIONS; PLAINTIFF MIRNA BOROR'S MOTION FOR (i) SANCTIONS BASED ON DEFENDANT'S FAILURE TO COMPLY WITH THE COURT'S SEPTEMBER ...

Excerpt: ... Defendants InTouch at Home, LLC (“InTouch”) and Mickey Schwarz (“Schwarz”). The operative First Amended Complaint (“FAC”) was filed on June 24, 2019 and asserts causes of action for (1) harassment based on gender, (2) failure to investigate and prevent harassment, (3) sexual assault, and (4) negligence. In the FAC, Plaintiff alleges that she was employed by InTouch as a caregiver, and was assigned on January 19, 2019 to provide servi...

Excerpt: ...OR RELIEF PURSUANT TO C.C.P. § 473(b) Background Plaintiff Gerald Lange (“Plaintiff”) filed this employment action on March 7, 2018 against Defendant Monster Energy Company (“Monster”). 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 ...

Excerpt: ...aintiff JNS Collective, LLC (“Plaintiff”) filed this action against Defendants Mora's Cutting and Finishing aka Mora's Cutting and Sewing (“Mora's”) and Joel Rico (“Rico”) (jointly, “Defendants”). On December 2, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”), asserting causes of action for (1) breach of contract and (2) fraud. Rico now demurs to the second cause of action of the FAC, and moves to strike po...

Excerpt: ...iff”) filed this action on February 17, 2021 against Defendant Watts Healthcare Corporation (“Watts”), asserting one cause of action for civil penalties pursuant to the Private Attorneys General Act of 2004 (“PAGA”). Watts now demurs to the Complaint, requesting that the Court issue an order for mandatory abatement without leave to amend. In the alternative, Watts requests that the Court issue a stay of Plaintiff's Complaint. Plaintiff ...

Excerpt: ... Michele S. Jones (“Plaintiff”) filed this action on January 12, 2021 against Defendants City of Los Angeles (the “City”), Los Angeles Zoo, and Adrianna Matthews. Plaintiff filed the operative First Amended Complaint (“FAC”) on February 4, 2022, asserting causes of action for (1) general negligence, (2) premises liability, and (3) intentional tort. The City, erroneously sued and additionally named as the Los Angeles Zoo, now demurs to...

Excerpt: ...s”) and Sang Won Lee (“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 (“TAC”) 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...

Excerpt: ... 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) negligent misrepresentation. On January...

Excerpt: ...is action on March 30, 2020 against Defendants Olio Creative, Inc. (“Olio”); Donald Plante, aka Marshall Plante (“Plante”); Natalie Westerfield (“Westerfield”), and O.D. Welch (collectively, “Defendants”), asserting a number of causes of action. On October 14, 2020, Olio filed a Cross-Complaint against Cabrera, alleging one cause of action for breach of contract. In the Complaint, Cabrera alleges that he opened a business in 2003 ...

Excerpt: ... Mazda Motor of America, Inc. On October 9, 2020, Plaintiff filed an Amendment to the Complaint naming Mazda Motor Corporation (“MMC”) as Doe 1 and Mazda North American Operations as Doe 2. The operative First Amended Complaint (“FAC”) was filed on January 7, 2022. In the FAC, Plaintiff alleges that on or about November 13, 2016, he purchased a 2016 Mazda CX-9 (the “Subject Vehicle”) which was manufactured, distributed, or sold by def...

Excerpt: ...TO COMPEL FURTHER DEPOSITION TESTIMONY OF SAMUEL TRUSSELL; REQUEST FOR MONETARY SANCTIONS Background 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 ...

Excerpt: ...“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 prevent harassment, discrimination, and retaliation, (10) intentional infliction of emotional distress, (11...

Excerpt: ...acaro Corporation (“Plaintiff”) filed this action against Defendants North American Title Insurance Company (“NATIC”) and NexTitle (jointly, “Defendants”). The operative Second Amended Complaint (“SAC”) was filed on November 19, 2020 and asserts causes of action for (1) breach of written insurance contract, (2) breach of the covenant of good faith and fair dealing (failure to investigate), and (3) breach of the covenant of good fa...

Excerpt: ...action on July 30, 2019 against Defendants James O. Conaway, Lorraine A Conaway, Conaway & Conaway, Inc., Tycon Properties, Inc., Tyler Banta, I.C.S. Construction Services, LLC (“ICS”), Giro Katsimbrakis (“Katsimbrakis”), St. Louis Redevelopment Company, LLC (“SLRC”), DPW Associates of CA, LLC (“DPW”), and Title Experts, LLC (“Title Experts”) (collectively, “Defendants”). Plaintiffs' “Complaint for Rescission” alleges ...

Excerpt: ...z, Jesus Garza Perez, Jr., Jesus Perez, Jr., and Rosa I. Villalobos. The Complaint contains one cause of action for declaratory relief. Plaintiff now moves for an order permitting the filing of a First Amended Complaint. Rachel Morya Garza Perez and Jesus Perez (jointly, “Defendants”) oppose. Discussion Pursuant to Code of Civil Procedure section 473(a)(1), “[t]he court may, in furtherance of justice, and on any terms as may be proper, allo...

Excerpt: ...tomotive, Inc. (“MAI”) and O'Gara Coach Company, LLC dba McLaren Beverly Hills (the “Dealership”). The operative First Amended Complaint for Damages (“FAC”) was filed on January 30, 2020, and asserts a cause of action for breach of implied warranty of merchantability (against MAI and the Dealership) and a cause of action for breach of express warranty (against MAI only) arising out of Weinberger's purchase of a 2018 McLaren 570S Spide...

Excerpt: ...C (“GM”) brings this demurrer to the First Amended Complaint (“FAC”) of Plaintiff Majed Elaawar (Plaintiff). The FAC 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, (5) breach of the implied warranty of merchantability, and (6) f...

Excerpt: ...erican Cardiocare”) (jointly, “Plaintiffs”) filed this wrongful foreclosure action on March 5, 2013. Plaintiffs filed a First Amended Complaint (“FAC”) on June 9, 2015 against Defendants New Aid Medical Supply, Inc. (“New Aid”); Earl Collins, as assignee of New Aid Medical Supply; Earl Collins; Rita Collins; T.D. Service Company (“T.D. Service”); and Fran DePalma (collectively, “Defendants”). On September 2, 2015, the Court ...

Excerpt: ...ebruary 19, 2021 to confirm an arbitration award issued on February 9, 2021 in a commercial arbitration proceeding. Subsequently, Petitioner filed an amended petition on March 9, 2021, to correct a typographical issue on the caption of the court form. The arbitration award was for $701,098.00 as well as injunctive relief, attorney's fees in the amount of $247,054.10, costs of suit in the amount of $80,030.00, legal interest at the statutory rate,...

Excerpt: ...Qi Ge, and Su Me Zheng (collectively, “Plaintiffs”) initiated the instant action against Defendants Joe Chikin (“Chikin”), Angela Szeto, Parkland Townhomes Homeowners Association, Inc., and Inveserve Corporation. Plaintiffs filed the operative First Amended Complaint on February 3, 2022, asserting causes of action for (1) violation of Civil Code § 1941, et seq. and Civil Code § 1942, et seq., (2) breach of warranty of habitability, (3) ...

Excerpt: ...MPLAINT, AND (2) DESCRIPTIVE REFERENCES TO THOSE EXHIBITS Background On May 18, 2021, Plaintiff Russell Simmons (“Simmons”), individually, and derivatively on behalf of Nu Horizons Investment Group, LLC (“NH”) (“Plaintiffs”), filed this action against Defendants Tim Leissner (“Leissner”), Kimora Lee Leissner (“Lee”), Keyway Pride Ltd, LLC (“Keyway”), Cuscaden Capital Limited, (“Cuscaden”), Newland Inc., Limited (“New...

Excerpt: ...anco Healthcare, LLC (“Defendant”). The Complaint asserts causes of action for (1) violation of Labor Code § 226 (f) and (h); (2) violation of Labor Code § 1198.5; (3) failure to pay minimum wages in violation of Labor Code §§ 1194 and 1194.2; (4) failure to pay overtime wages in violation of Labor Code § 510; (5) failure to provide lawful meal periods and pay meal period premiums pursuant to Labor Code §§ 226.7 and 512, IWC Wage Order...

Excerpt: ...ion on April 20, 2018 against Defendants County of Los Angeles (“County”), Leana Anderson (“Anderson”), Mireya Gurrola (“Gurrola”), Bertha Gutierrez (“Gutierrez”), and Renee Crenshaw (“Crenshaw”).[1] The operative Second Amended Complaint (“SAC”) was filed on February 25, 2019. Tolano's claims arise from his employment with the County at Rancho Los Amigos County Hospital. Tolano alleges that he was subjected to unlawful co...

Excerpt: ...ulfilled, LLC (“DF”). The Complaint asserts one cause of action for declaratory relief. On April 6, 2020, DF filed a Cross-Complaint against Rachel Robinson (“Ms. Robinson”) and the Estate of Jackie Robinson (the “Estate”), asserting one cause of action for breach of contract. In the Cross-Complaint, DF alleges that it is wholly owned by Jay Caldwell. (Cross-Compl., ¶ 1.) Mr. Caldwell formed DF in 2016 to develop and sell memorabilia...

Excerpt: ... 21, 2020 against Defendant Brenntag Pacific, Inc. (“Defendant”). Plaintiff filed the operative First Amended Complaint on November 5, 2021 asserting causes of action for (1) recovery of unpaid minimum wages and liquidated damages, (2) recovery of unpaid overtime, (3) failure to provide meal periods or compensation in lieu thereof, (4) failure to provide rest periods or compensation in lieu thereof, (5) failure to provide accurate wage statem...

Excerpt: ...5.16 Background On May 18, 2021, Plaintiff Russell Simmons (“Simmons”), individually, and derivatively on behalf of Nu Horizons Investment Group, LLC (“NH”), filed this action against Defendants Tim Leissner (“Leissner”), Kimora Lee Leissner (“Lee”), Keyway Pride Ltd, LLC (“Keyway”), Cuscaden Capital Limited, (“Cuscaden”), Newland Inc., Limited (“Newland”), Oryx Investment Limited (“Oryx”), Midas Commodities Agents...

Excerpt: ...eader Kottler & Kottler, a Professional Law Corporation; International Practice Group, Professional Corporation; and Bryan M. Garrie, a Professional Law Corporation (collectively, “Plaintiffs in Interpleader”) filed this action against a number of defendants. On February 18, 2021, Judgments by Default were entered against the following defendants: Advanced Health Center of Inglewood; Airport Urgent Care and Industrial Medicine, A Professional...

Excerpt: ...his action on July 26, 2019 against, inter alia, defendant 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) strict liability. Plaintiff is a nonprofit mutual benefit corporation composed of owners of condominium living units located at 100 South Alameda Street, Los Angeles California ...

Excerpt: ...11,374.15; DEFENDANT WHITTIER COLLEGE'S MOTION FOR PROTECTIVE ORDER TO PREVENT AND/OR LIMIT THE DEPOSITION OF DR. CHARLOTTE BORST Background Plaintiff Teresa Delfin (“Plaintiff”) filed 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/inv...

Excerpt: ... against various defendants, including Youssef T. Merhi (“Merhi”) and Lorenzo Doumani as an individual and as Trustee of the Lorenzo Doumani Family Trust (jointly, “Doumani”). The operative Second Amended Complaint (“SAC”) was filed on December 12, 2016 and asserts fifteen causes of action. On May 17, 2021, the Court issued an order granting Plaintiff's motion for an order substituting as Plaintiff Carolina Pascua, Administrator of th...

Excerpt: ...L SERVICES' MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT PURSUANT TO C.C.P § 877.6 Background Plaintiff Ann Turkel (“Plaintiff”) filed this action on November 12, 2020 against Defendants Jim Falk Motors of Beverly Hills, Inc. (“Jim Falk Motors”) 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) neglig...

Excerpt: ... De Gelt, LLC (“VDG”) and Sol Feiner (“Feiner”) (jointly, “Defendants”). The Complaint asserts causes of action for (1) intentional infliction of emotional distress, (2) breach of implied covenant of quiet enjoyment, (3) breach of contract, (4) declaratory relief, (5) negligence inclusive of wrongful negligent eviction and negligent infliction of emotional distress, and (6) injunctive relief. Defendants now move to strike the Complain...

Excerpt: ...OF CALIFORNIA PARTNERSHIP PLAN, INC. AND BLUE CROSS OF CALIFORNIA DBA ANTHEM BLUE CROSS' MOTION TO STRIKE PORTIONS OF PLAINTIFF'S FIRST AMENDED COMPLAINT Background On July 15, 2021, Plaintiff Logan Jones (“Plaintiff”) filed this action against Defendants Blue Cross of California Partnership Plan, Inc. (“BCCPP”) and Blue Cross of California (“Blue Cross”)[1] (jointly, “Defendants”). The operative First Amended Complaint (“FAC”...

Excerpt: ...n on January 22, 2020 against Defendants Hardcore Fitness Franchise Group, LLC (the “Franchise Group”), Hardcore Fitness Boot Camp, LLC (the “Boot Camp”), and Larry Nolan (“Nolan”). The Complaint asserts causes of action for (1) violation of Labor Code § 1102.5, (2) wrongful termination, (3) violation of Franchise Investment Law, (4) violation of Franchise Investment Law, and (5) unfair business practices. The first and second causes...

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

Excerpt: ...tion on October 20, 2021 against Defendants Marietta Sanchez (“Marietta”), Michael Bonifacio Sanchez (“Michael”), Antonio Bonifacio Sanchez (“Antonio”), Matthew Bonifacio Sanchez (“Matthew”), Maricar Sanchez Castro (“Maricar”), and Joel Zamora (“Zamora”). The operative First Amended Complaint was filed on October 22, 2021, and asserts causes of action for (1) rescission of written contract, (2) breach of the covenant of go...

Excerpt: ...t Defendant Alexander Rivkin, MD, Inc., a California corporation doing business as Westside Aesthetics (“Defendant”). The Complaint asserts causes of action for (1) failure to pay wages, (2) violation of Penal Code section 496, (3) breach of written agreement, (4) waiting time penalties, (5) Labor Code section 1102.5, (6) wrongful termination, (7) violation of Labor Code section 226.8, (8) failure to provide itemized wage statements, and (9) ...

Excerpt: ...Welch (“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”). The Complaint asserted causes of action for breach of contract, defamation per se, discrimination, and malicious prosecution. The operative Second Amended Complaint (“SAC...

Excerpt: ...tiff Rozina Khan (“Plaintiff”) filed this action on October 22, 2019 against Balbir Singh (“Singh”) and all persons unknown, claiming any legal or equitable right, title, estate, lien or interest in the property described in the Complaint adverse to Plaintiff's title, or any cloud upon Plaintiff's title thereto. The Complaint asserts causes of action for (1) constructive trust, (2) accounting, (3) conversion, and (4) quiet title. On Novem...

Excerpt: ...ed an appeal of an award of the Labor Commissioner in favor of Respondent and Plaintiff Uatesoni Felila (“Felila”). On August 5, 2020, Rasooli also filed a “Notice of Chapter 11 Bankruptcy Case and Bankruptcy Stay Pursuant to 11 U.S.C. § 362(a) and Request for Waiver of Bond Requirements for Appeal of Labor Commissioner's Order, Decision or Award.” Thereafter, Rasooli's Chapter 11 Bankruptcy case was dismissed. (Hernandez Decl., ¶ 7.) R...

Excerpt: ...Silverman Law Corporation (the “Law Firm”) and Stephen A. Silverman (“Silverman”) (jointly, “Defendants”) asserting causes of action for breach of contract. The first cause of action for breach of contract is alleged against the Law Firm, and the second cause of action for breach of contract is alleged against Silverman. Plaintiff now moves for summary judgment or, in the alternative, summary adjudication against each defendant indivi...

Excerpt: ...eges causes of action for (1) violation of the Consumer Legal Remedies Act, (2) Violation of Vehicle Code § 11710, (3) Breach of Implied Warranty of Title, and (4) Failure to Transfer Title. In the Complaint, Plaintiff alleges that in June 20, 2021, she went to Defendant's business to attempt to purchase a 2013 Cadillac ATS. (Compl., ¶ 6.) Plaintiff alleges she paid the full price for the vehicle at the time of sale. (Compl., ¶ 6.) Plaintiff c...

Excerpt: ...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 provides evidence that in late 2016, Clar...

Excerpt: ...rom Claim Statute” (“Petition”) in this action against the County of Los Angeles (“County”) and the Los Angeles County Sheriff's Department, (jointly “Respondents”). In the Petition, Petitioner alleges that on or around December 3, 2019, she was assaulted and battered by her estranged husband in a woman's restroom inside the Airport Courthouse (the “Courthouse”). (Petition at p. 3:13‐16.) Petitioner reported this incident to t...

Excerpt: ...ion on August 18, 2021, against Defendant City of Inglewood (the “City”). The Complaint asserts two causes of action for dangerous condition on public property and negligence. Plaintiffs allege that on or about January 5, 2021, Dwight and Patricia Summerfield's son, Andrew Summerfield (“Decedent”), was shot and killed while he was in his vehicle at Darby Park's parking lot. (Compl., ¶ 12.) The City owned, maintained, supervised, handled,...

Excerpt: ...A COMPLAINT Background Plaintiff Cy Kishiyama, an individual, on behalf of himself, all other aggrieved employees, and the general public (“Plaintiff”) filed this action against Defendants Guckenheimer Enterprises, Inc. 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 Pr...

Excerpt: ... BY BONNIE BRAE CONVALESCENT HOSPITAL, INC., REQUEST FOR SANCTIONS Background Plaintiff Eduardo Quijano (“Plaintiff”) filed this action on February 9, 2021 against Defendants Marlo Cayton and Michelle Cayton ( jointly, “Defendants”). The Complaint asserts causes of action for (1) set aside of transfers of community property without spousal consent, (2) conversion of community property, (3) imposition of constructive trust, (4) community p...

Excerpt: ...iled the First Amended Complaint (“FAC”) on July 15, 2020. Plaintiff filed the operative Second Amended Complaint (“SAC”) on November 17, 2020 asserting 10 causes of action for: (1) voidable transfer based on actual intent; (2) voidable transfer during or resulting in insolvency; (3) voidable transfer based upon lack of equivalent value; (4) fraud on creditors; (5) declaratory relief; (6) constructive trust; (7) cancellation of written in...

Excerpt: ... Plaintiff filed the operative First Amended Complaint (“FAC”) on February 16, 2021 against Yoko and Fumiko Nobuto (“Nobuto”) (jointly, “Defendants”) asserting causes of action for (1) recognition and domestication of foreign country judgment; (2) actual intent to hinder, delay, or defraud a creditor (Civ. Code, § 3439.04(a)(1)); (3) common law fraudulent conveyance; and (4) partition by sale of real property. In the FAC, Plaintiff a...

Excerpt: ...TION OF DOCUMENTS (SET THREE) (C.C.P. § 2031.310 ) Background Plaintiff Gerald Lange (“Plaintiff”) filed this employment action on March 7, 2018 against Defendant Monster Energy Company (“Monster”). 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 ...

Excerpt: ...efendant Dreams Fulfilled, LLC (“DF”). The Complaint asserts one cause of action for declaratory relief. On April 6, 2020, DF filed a Cross-Complaint against Rachel Robinson (“Robinson”) and the Estate of Jackie Robinson, asserting one cause of action for breach of contract. The Court held an Informal Discovery Conference (“IDC”) on January 12, 2021 in response to Robinson's motion to compel responses to certain discovery requests, an...

Excerpt: ...AINT OF FP CONTRACTING, INC. AND RELATED CROSS-ACTIONS Background Plaintiffs Onesimo Benitez Hernandez (“Hernandez”) and Maricela Benitez (jointly, “Plaintiffs”) filed this personal injury action on April 8, 2016. This action arises from injuries sustained by Hernandez when he was painting a wall on the side of a loading dock area at a Food 4 Less Store as part of a remodeling project. Hernandez was allegedly struck by a dumpster or conta...

Excerpt: ... Background On February 16, 2017, Plaintiffs Wild Chang (“Chang”) and Kenneth 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. (“Chang, Jr.”) (collectively, “Plaintiffs”) filed the second action against Farmer...

Excerpt: ...ENDING AND MEHDI SEYED LUHRASSEBI Background Plaintiff Sheldon Smith, Trustee of the Albert S. Smith, Jr. Separate Property Trust Dated November 8, 2002 filed this action on October 8, 2020 against, inter alia, Orange Coast Title Company (“OCTC”), Loan Cutters Inc. dba Evoque Lending (“Evoque”), and Mehdi Seyed Luhrassebi (“Luhrassebi”). Plaintiff filed the operative First Amended Complaint (“FAC”) on October 15, 2021, asserting c...

Excerpt: ...ate Attorneys General Act (“PAGA”) against Defendant ACSC Management Services, Inc. (“ACSC”) and Auto Club Enterprises (“Auto Club”). In her Complaint, Gutierrez asserted causes of action for violations of the Labor Code, including failure to pay minimum wage, failure to pay overtime, meal and rest break violations, and failure to pay other wages on behalf of herself and on behalf of similarly aggrieved employees of Defendants. On Jul...

Excerpt: ...ED CROSS‐COMPLAINT AND RELATED CROSS-ACTION Background Plaintiff Kate Geller (“Geller”) filed this action on March 26, 2018 against Defendants Strong Arm Group, LLC (“SAG”), Eric Yohan Knipe (“Knipe”), and Joseph Feldman (“Feldman”). The operative Fourth Amended Complaint (“4AC”) was filed on August 17, 2020, and asserts causes of action for breach of settlement agreement and fraud. Geller alleges that on January 30, 2018, s...

Excerpt: ... against Defendants Online Edugo, Inc. (“Edugo”), Andrew Kim (“Kim”), and Law Office of Andrew Kim, APC (“Law Office of Andrew Kim”) (collectively, “Defendants”). The Complaint asserts one cause of action for wrongful use of civil proceedings, which arises out of a prior action filed against Plaintiffs by Edugo. Default was entered against Kim on December 7, 2021. Kim now moves to set aside the default pursuant to Code of Civil Pr...

Excerpt: ...MENTS AND/OR, IN THE ALTERNATIVE, MOTION FOR RELIEF PURSUANT TO C.C.P. § 473(b) Background Plaintiff Gerald Lange (“Plaintiff”) filed this employment action on March 7, 2018 against Defendant Monster Energy Company (“Monster”). 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, ...

Excerpt: ...eral Act (“PAGA”) against Defendant ACSC Management Services, Inc. (“ACSC”) and Auto Club Enterprises (“Auto Club”). In her Complaint, Gutierrez asserted causes of action for violations of the Labor Code, including failure to pay minimum wage, failure to pay overtime, meal and rest break violations, and failure to pay other wages on behalf of herself and on behalf of similarly aggrieved employees of Defendants. On July 21, 2020, the C...

Excerpt: ...on March 23, 2021 against Defendant County of Los Angeles (“County”). The Complaint asserts causes of action for (1) discrimination on the basis of color and/or race, (2) harassment on the basis of color and/or race, (3) retaliation, and (4) failure to prevent discrimination, harassment, and/or retaliation. Plaintiff alleges that he is a Los Angeles County Probation Department Deputy Probation Officer. (Compl., ¶ 5.) Plaintiff alleges that D...

Excerpt: ...st Defendant General Motors, LLC (“GM”). On March 8, 2021, GM served Plaintiffs with an offer to compromise pursuant to Code of Civil Procedure section 998 in the amount of $21,254.90 plus prejudgment interest, which provides that GM will pay Plaintiffs' attorney fees, expenses, and costs in the amount of $20,000.00, or that alternatively, Plaintiffs' attorney fees, expenses, and costs could be determined by a noticed motion. (Halbert Decl., ...

Excerpt: ...lectively, “Defendants”). 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 Financial Code section 22750, and (4) unfair competition in violation of Business and Professions Code section 17200. On August 6, 2021, Plaintiff filed a request for dismissal without prejudice as to Paras Doshi and Tejas Doshi, which dismissal was entered on A...

Excerpt: ...., Ganjarunner, Inc. (“Ganjarunner”), and Driven Deliveries, Inc. (collectively, “Defendants”). The operative First Amended Complaint was filed on November 1, 2021 and asserts one cause of action for breach of contract. On March 23, 2022, Herbalcure filed a request for dismissal. However, Herbalcure did not complete Section 1(b) of the request for dismissal, and dismissal was thus not entered by the Court. Defendants now move to compel ar...

Excerpt: ...AND PETER KWONG TO PLAINTIFF'S FIRST AMENDED COMPLAINT; DEFENDANTS BEST WESTERN INTERNATIONAL, INC., BEST WESTERN PLUS DRAGON GATE INN, KWONG, INC., AND PETER KWONG'S MOTION TO STRIKE PORTIONS OF PLAINTIFF'S FIRST AMENDED COMPLAINT Background Plaintiff Etta Armstrong (“Plaintiff”) 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...

Excerpt: ...nas”) (jointly “Plaintiffs”) filed this action against Defendant Raymond Lee (“Defendant”) on December 18, 2019. The operative First Amended Complaint was filed on June 15, 2020, and asserts causes of action for (1) breach of lease, (2) breach of covenant of quiet enjoyment, (3) fraud – failure to disclose and fraudulent inducement, (4) fraud – false promises, (5) negligent misrepresentation, (6) negligence, (7) violation of Los Ang...

Excerpt: ...(“ADR Services”), Lucie Barron (erroneously sued as Luci Baron) (“Barron”), and Michael Marcus (“Marcus”), (collectively, “Defendants”) on October 19, 2020. On July 22, 2021, Plaintiff filed a Second Amended Complaint (“SAC”) asserting causes of action for (1) unfair competition in violation of Business and Professions Code section 17200 et seq.; (2) dissemination of untrue and misleading public statements in violation of Busi...

Excerpt: ...N FOR LEAVE TO INTERVENE AND LEAVE TO FILE A COMPLAINT FOR INTERVENTION Plaintiff Blanca Gutierrez (“Gutierrez”) filed this action on December 6, 2019 for penalties under the Private Attorneys General Act (“PAGA”) against Defendant ACSC Management Services, Inc. (“ACSC”) and Auto Club Enterprises (“Auto Club”). In her Complaint, Gutierrez asserted causes of action for violations of the Labor Code, including failure to pay minimum ...

Excerpt: ...S. SMITH, JR. SEPARATE PROPERTY TRUST DATED 11/8/2002 Background Plaintiff Sheldon Smith, Trustee of the Albert S. Smith, Jr. Separate Property Trust Dated November 8, 2002 (“Plaintiff”) filed this action on October 8, 2020 against, inter alia, Orange Coast Title Company (“OCTC”). OCTC moved for judgment on the pleadings as to the original Complaint's fourth cause of action for negligence, and on September 27, 2021, the Court granted OCTC...

Excerpt: ...Jesus Garza Perez (jointly, “Plaintiffs”) initiated the instant action against Defendants Rebecca Gallardo, Rosa Iselia Villalobos, Arturo Villalobos (deceased), Johnny Marshall Perez, and Myriam Angulo. On January 31, 2019, Plaintiffs filed a First Amended Complaint (“FAC”), naming the same defendants. On August 3, 2021, Plaintiffs filed an “Amendment to Complaint Naming Doe 1 and Doe 2.” In this amendment, Plaintiffs purportedly nam...

Excerpt: ...F UNDER CODE OF CIVIL PROCEDURE § 473; OR FOR RECONSIDERATION Background Plaintiff Haya Zoubi (“Zoubi”) filed this action on February 4, 2021 against Defendants Larissa Apts, LLC (“Larissa”) and Russell Berney (“Berney”) (jointly, “Defendants”). The Complaint asserts causes of action for (1) violation of Cal. Civ. Code § 1924.4 – Statutory Breach of the Warranty of Habitability, (2) tortious and contractual breach of the warra...

Excerpt: ...9, 2021, against Defendants Fountain View Subacute and Nursing Center, LLC (“Fountain View”), Genesis Healthcare, Inc., Genesis Healthcare, LLC, GHC Payroll, LLC, Genesis Administrative Services, LLC, New Generation Health, LLC, and Christian Urbina (collectively, “Defendants”). Defendants now move for an order compelling Plaintiff to resolve the instant matter through arbitration and also move to stay this action until arbitration is com...

Excerpt: ...23, 2021 against Defendant County of Los Angeles (“County”). The Complaint asserts causes of action for (1) discrimination on the basis of color and/or race, (2) harassment on the basis of color and/or race, (3) retaliation, and (4) failure to prevent discrimination, harassment, and/or retaliation. Plaintiff alleges that he is a Los Angeles County Probation Department Deputy Probation Officer. (Compl., ¶ 5.) Plaintiff alleges that Director I...

Excerpt: ...aintiff”) filed this action against Defendants West Covina Auto Plaza Association, Inc. (“the Association”) and Simon Sarriedine (“Sarriedine”) (jointly, “Defendants”). The Complaint asserts causes of action for (1) intentional interference with prospective economic advantage, and (2) declaratory relief. The first cause of action is alleged against Sarriedine and the second cause of action is alleged against the Association. Defenda...

Excerpt: ...NTIFF'S MOTION TO COMPEL DEFENDANTS FOR [SIC] REQUESTS FOR ADMISSION (SET TWO) AND REQUEST FOR SANCTIONS; PLAINTIFFS' MOTION TO COMPEL FURTHER RESPONSES TO DEFENDANTS FOR [SIC] DEMAND FOR PRODUCTION OF DOCUMENTS (SET THREE) AND REQUEST FOR SANCTIONS Background On February 16, 2017, Plaintiffs Wild Chang (“Chang”) and Kenneth Lo (“Lo”) filed the lead action against Defendants Farmers Insurance Company, Inc. (“Farmers”), Fire Insurance ...

Excerpt: ... action on February 24, 2020, against Defendants PF Heritage, LLC (“PF”) and Igor Pasternak (“Pasternak”) (jointly, the “PF Parties”). The Complaint asserts causes of action for (1) breach of contract, (2) fraud, and (3) conversion. On March 24, 2021, the Court issued an Order sustaining the PF Parties' demurrer to the first and second causes of action of the Complaint, with leave to amend. The Court sustained the PF Parties' demurrer...

Excerpt: ...N AND THEIR COUNSEL OF RECORD MOSES S. BARDAVID 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, Rina Agajanyan (“Agajanyan”), and the Art in Real Estate, Inc. On April 7, 2021, P...

Excerpt: ...EH MARGOSIAN AND THEIR COUNSEL OF RECORD MOSES S. BARDAVID 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, Rina Agajanyan (“Agajanyan”), and the Art in Real Estate, Inc. On April...

Excerpt: ...TION Background Plaintiff Jason Dizon (“Dizon”) filed this employment action on May 20, 2020 against Defendant Western Asset Management Company, LLC (“WAM”). WAM now moves for an order permitting it to file certain documents under seal in connection with WAM's concurrently filed Motion for Summary Judgment or, Alternatively, Summary Adjudication (“MSJ”). The instant motion is unopposed. Discussion Generally, court records are presumed...

Excerpt: ...CTION Background On March 2, 2020, Plaintiff Shahram “Ray” Golbari (“Golbari”) filed this action against Defendant Saeid “Steve” Aminpour (“Aminpour”). The operative Second Amended Complaint (“SAC”) was filed on April 30, 2021 and asserts causes of action for (1) equitable indemnity, (2) contribution, (3) apportionment, and (4) to set aside and recover fraudulent conveyances. On September 14, 2020, Aminpour filed a Cross-Compl...

Excerpt: ...and Ellis Family Stores, LLC dba Alfa Romeo and Fiat of Glendale (jointly, “Defendants”). On April 5, 2021, FCA served Plaintiff with an offer to compromise pursuant to Code of Civil Procedure section 998 in the amount of $61,274.10, which provides that FCA will also pay attorneys' fees, costs, and expenses agreed to by the parties, or will agree to have attorneys' fees, costs, and expenses decided by the court by motion. (Clark Decl., ¶ 56,...